HomeMy WebLinkAbout04-5953RICHARD BELIN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
JURY TRIAL DEMANDED 1
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you must take
action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the Court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
RICHARD BELIN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
JURY TRIAL DEMANDED
NOTICE
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder din ero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCICN SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
Defendant
STROKOFF & COWDEN, P.C.
132 State Street
P.O. Box 11903
Harrisburg, PA 17108
(717) 233-5353
RICHARD BELIN,
V.
Plaintiff
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JURY TRIAL DEMANDED
C
Oaf -- 5453 v c. -
COMPLAINT
The Plaintiff, Richard Belin, hereby files the following
Complaint and, in support thereof, avers as follows:
1. At all times relevant hereto, the Plaintiff,
Richard Belin, was an adult individual residing at 6625 Terrace
Way, Harrisburg, Pennsylvania 17111.
2. At all times relevant hereto, the Defendant,
Orthopedic Institute of Pennsylvania ("OIP"), was a Pennsylvania
corporation licensed to do business in this Commonwealth with
principal offices at 875 Poplar Church Road, Camp Hill,
Pennsylvania 17011.
3. On or about July 19, 2003, Plaintiff and Defendant
entered into an Employment Agreement, whereby Plaintiff was to be
employed as Defendant's Practice Administrator.
4. On or about July 27, 2004, Plaintiff and Defendant
entered into a written agreement ("Agreement") in which Defendant
agreed to pay Plaintiff $46,667.00 in two equal installments, less
standard payroll deductions, plus a lump sum of $10,000.00 for a
total of $56,667.00.1
5. Plaintiff has fulfilled all of his obligations under
the Agreement.
6. On or about August 16, 2004, Defendant paid Plaintiff
$20,256.57, less standard payroll deductions.
7. On or about September 13, 2004, Defendant paid
Plaintiff $20,256.57, less standard payroll deductions.
8. Notwithstanding the terms of the Agreement and
Plaintiff's repeated demands therefore, Defendant has refused to
pay Plaintiff the remaining $16,153.86 due under the Agreement.
COUNT I-BREACH OF CONTRACT
9. The averments contained in paragraphs 1 through 8
of this Complaint are hereby incorporated as if completely set
forth herein.
10. Defendant's refusal to pay Plaintiff the remaining
$16,153.86 constitutes a material breach of the Agreement.
WHEREFORE, due to Defendant's material breach of the
Agreement, Plaintiff demands damages in the amount of $16,153.86,
prejudgment interest, costs and any other relief which this Court
deems just and proper.
'It is noted that the written agreement is not attached hereto under the
belief that Defendant does not want it to be attached.
- 2 -
COUNT II-VIOLATION OF WAGE PAYMENT AND COLLECTION LAW
11. The averments contained in paragraphs 1 through 10
above are hereby incorporated as if completed set forth herein.
12. Defendant is an "employer" within the meaning of
the Pennsylvania Wage Payment and Collection Law.
13. The $16,153.86 to which Plaintiff is entitled to
under the Agreement constitutes "wages" under the Pennsylvania
Wage Payment and Collection Law.
14. Defendant does not have a good faith contest or a
good faith right to a setoff or counter claim for the failure to
pay the money owed to Plaintiff.
15. Under Section 10 of the Wage Payment and Collection
Law, 43 P.S. § 260.10, Plaintiff is entitled to liquidated damages
in an amount equal to twenty-five (250) percent of the total wages
due of $16,153.85, or $4,038.48.
16. Under Section 9.1(f) of the Wage Payment and
Collection Law, 43 P.S. § 9a(f), Plaintiff is entitled to his
reasonable attorneys' fees to be paid by Defendant
WHEREFORE, due to Defendant's violation of the Wage
Payment and Collection Law, Plaintiff demands $16,153.86 plus
prejudgment interest, $4,038.48 in liquidated damages, his
- 3 -
reasonable attorneys fees, costs, and any other relief which this
Court deems just and proper.
Respectfully submitted,
STROKOFF & COWDEN, P.C.
BY:c`?- Z
Timothy E. Gilsbach, Esq.
I.D. No. 92855
Elliot A. Strokoff, Esq.
I.D. No. 16677
DATE : // // 8/pq 132 State Street
PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
- 4 -
RICHARD BELIN,
V.
Plaintiff
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JURY TRIAL DEMANDED
VERIFICATION
I, RICHARD BELIN, certify that the statements made in
the foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworrnn fa, catio authorities.
/ x
Richard Belin
DATE : 0//8/U L/
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
No.: 04-5953 - Civil Term
Plaintiff
V. Jury Trial Demanded
Orthopedic Institute of
Pennsylvania,
Defendant.
ACC'EPT'ANCE OF SERVICE
I accept service of the Complaint on behalf of Orthopedic Institute of Pennsylvania, and I
am authorized to do so. Please direct the Clerk to enter my appearance on behalf of Orthopedic
Institute of Pennsylvania.
Date: December 7, 2004
4 9f.
Katherine M. Allen, Esquire
I.D. No.: 77676
McQuaide, Blasko, Schwartz,
Fleming & ]Faulkner, Inc.
811 University Drive
State College, PA 16801
(814) 238-4926
Attorneys for Orthopedic Institute of
Pennsylvania
OD M.\\I'C'D(X' S\DOCSLI B2\305548\ I
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?. ?` _?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
No.: 04-5953 - Civil Term
Plaintiff
V. Jury Trial Demanded
Orthopedic Institute of
Pennsylvania,
Defendant.
NOTICE TO PLEAD
TO: Richard Belin
% Timothy E. Gilsbach, Esquire
YOU ARE HEREBY notified to plead to the within New Matter within twenty (20) days
from the date of service hereof or a default judgment may be entered against you.
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
Dated: December 22, 2004
By: z
Katherine M. Allen, Esquire
I.D. 77676
811 University Drive
State College, PA 16801
(814) 2384926
Attorneys for Orthopedic Institute of
Pennsylvania
::0DMA\PCD0CS\D0CSLIB2\306143\I
IN THE COURT OF COMMON Pl: EAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
No.: 04-5953 - Civil Term
Plaintiff
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
Jury Trial Demanded
ANSWER WITH NEW MATTER OF DEFENDANT ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA
Defendant, the Orthopedic Institute of Pennsylvania, hereby files the following Answer to
Plaintiff's Complaint.
1. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments set forth in paragraph 1. The same are
therefore denied and strict thereof demanded.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that on or about June 27, 2003,
Defendant signed a letter accepting OIP's offer of employment to the position of Practice
Administrator. The balance of the allegations of paragraph 3 are denied as stated. To the
contrary, Plaintiff and Defendant never entered into an employment agreement for a specific term
and Plaintiff remained, at all times until his termination, an at-will employee of OIP.
4. Admitted in part and denied in part. It is admitted that on or about July 19, 2004,
Plaintiff agreed to a proposed Separation Agreement and General Release which OIP had
executed on July 13, 2004 (the "Agreement"). It is further admitted that the Agreement provides
::0DMA\PCD0CS\D0CSLIB2\306143\ 1
that, in exchange for a full release from Mr. Belin, OIP agreed to pay Plaintiff a total amount of
$46,667 (the equivalent to four months' salary), minus standard payroll deductions, plus a lump
sum of $10,000 to cover reasonable relocation expenses. A true; and correct copy of the fully-
executed agreement between the parties is attached to this Answer as Exhibit A. The balance of
the allegations of paragraph 2 are denied as stated.
5. Denied as stated. After signing the Agreement, Plaintiff attempted on numerous
occasions to challenge the understanding of the parties that OIP agreed to pay Plaintiff a total of
$56,667, minus standard payroll deductions in exchange for his release.
6. Admitted with clarification. OIP made the following payments to Plaintiff after
Plaintiff's termination on June 25, 2004:
Date: Amount:
July 1, 2004 $3,494.88 (vacation pay earned as of termination date)
July 1, 2004 $5,384.62 (last paycheck for wages earned as of termination)
July 15, 2004 $5,384.62
July 29, 2004 $5,384.62
August 12, 2004 $5,384.62
August 26, 2004 $20,256.57 (less standard payroll deductions)
September 23, 2004 $20,256.57 (less standard payroll deductions)
Thus, OIP paid Plaintiff for all wages due on the date of his termination, plus a total of
$56, 667, minus standard payroll deductions, as required by the Agreement.
7. Admitted with clarification. 01P made the following payments to Plaintiff after
Plaintiff's termination on June 25, 2004:
::ODMA\PCDOCS\DOCSLIB2\306143\ 1
Date: Amount:
July 1, 2004 $3,494.88 (vacation pay earned as of termination date)
July 1, 2004 $5,384.62 (last paycheck for wages earned as of termination)
July 15, 2004 $5,384.62
July 29, 2004 $5,384.62
August 12, 2004 $5,384.62
August 26, 2004 $20,256.57 (less standard payroll deductions)
September 23, 2004 $20,256.57 (less standard payroll deductions)
Thus, OIP paid Plaintiff for all wages due on the date of his termination, plus a total of
$56, 667, minus standard payroll deductions, as required by the Agreement.
8. Denied. To the contrary, 01P has fully performed its obligations under the
Agreement by paying Plaintiff a total of $56,667, minus standard payroll deductions in addition
to any and all wages due on the date of Plaintiff's termination.
COUNT I - BREACH OF CONTRACT
9. The responses to paragraphs 1 through 8 of Plaintiff's Complaint are hereby
incorporated as if fully set forth herein.
10. Denied. To the contrary, 01P has paid Plaintiff a total of $56,667, minus standard
payroll deductions in addition to any and all wages due on the date of Plaintiff's termination and
thus, has fully complied with its obligations under the Agreement between the parties.
WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed,
with prejudice and costs of suit.
:ODMA\PCDOCS\DOCSLIB2\306143\1
COUNT II - VIOLATION OF WAGE PAYMENT AND COLLECTION LAW
11. The responses to paragraphs 1 through 10 of Plaintiff's Complaint are hereby
incorporated as if fully set forth herein.
12. Admitted.
13. Denied. To the contrary, Plaintiff was terminated on June 25, 2004, and was no
longer an employee of OIP at the time he entered into the Agreement with OIP on or about July
29, 2004. Moreover, while he was an employee of OIP, Plaintiff was not subject to any policy or
employment agreement which provided him with severance payments as a benefit of his
employment with OIP. To the contrary, OIP made payments to Plaintiff pursuant to the
Agreement, which was a settlement agreement between the parties, not an employment contract.
14. Denied. To the contrary, OIP has fully complied with any obligations it had
pursuant to the Agreement in that it has paid Plaintiff a total of '656,667, minus standard payroll
deductions, in addition to any and all wages due on the date of Plaintiff's termination.
15. Denied. To the contrary, Plaintiff has no basis on which to claim liquidated
damages pursuant to the Pennsylvania Wage Payment and Collection Law.
16. Denied. To the contrary, Plaintiff has no basis on which to claim reasonable
attorneys fees pursuant to the Pennsylvania Wage Payment and Collection Law.
WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed,
with prejudice and costs of suit.
.:ODMA\PCDOCS\DOCSL[52\306143\1
NEW MATTER
17. Plaintiff's Complaint fails to state a claim upon which relief can be granted, in
whole or in part.
18. Plaintiff's Complaint fails to state a cause of action, in whole or in part.
19. The Pennsylvania Wage Payment and Collection Law is inapplicable to the
Agreement attached as Exhibit A to this Answer and New Matter in that the Agreement was
signed after OIP had terminated Plaintiff's employment and compensated him fully for all work
actually performed for OIP.
20. Plaintiff's claims are barred by the doctrine of waiver and/or estoppel.
Respectfully submitted,
McQUAIDE, BLA.SKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
Dated: December 22, 2004 By: •
K therine M. Allen, Esquire
I.D. No. 77676
811 University Drive
State College, PA 16801
(814) 238-4926
Attorney for Orthopedic Institute of
Pennsylvania
::0DMA\PCD0CS\D0CSL1B2\306143\ 1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
Plaintiff
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
No.: 04-5953 - Civil Term
Jury Trial Demanded
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant's Answer with New Matter to
Plaintiff's Complaint and Entry of Appearance in the above-captioned matter was mailed this
22°d day of December, 2004 to the following party:
Timothy E. Gilsbach, Esquire
Strokoff & Cowden, PC
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
By:
Katherine M. Allen, Esquire
I.D. No. 77676
Attorneys for Defendant
State University
811 University Drive
State College, PA 16801
(814) 238-4926
.:ODMA\PCDOCS\DOCSLIBZ\ 143\1
VERIFICATION
The undersigned verifies that he is authorized to make this Verification on behalf of
Orthopedic Institute of Pennsylvania, Inc., and that the statements made in the foregoing Answer
with New Matter to Plaintiffs Complaint are true and correct to the best of his knowledge,
information and belief The undersigned understands that false statements herein are subject to
the penalties of 18 Pa. C.S.A. §4904, related to unsworn falsification to authority.
i
RICHARD H. HA.LLOCK, NI.D.
Dated: clk-z-- I /'" , 2004
-
Exhibit A
SEPARATION AGREEMENT AND GENERAL RELEASE
This SEPARATION AGREEMENT AND GENERAL RELEASE is made by and
between ORTHOPEDIC INSTITUTE OF PENNSYLVANIA, a. Pennsylvania corporation with
its principal place of business in Harrisburg, Pennsylvania ("OIP"), and RICHARD BELIN, of
V "'z> T e-r rn ro W n w tA a r r i n) Pennsylvania ("Mr. Belin").
The parties identified above mutually desire to enter into this Separation Agreement and
General Release and hereby state the following:
WHEREAS, Mr. Belin was employed by OIP as Practice Administrator;
WHEREAS, Mr. Belin was terminated from his employment with OIP effective June
25 , 2004;
WHEREAS, OIP and Mr. Belin desire to agree to certain severance terms and put to rest
any and all potential claims which Mr. Belin may have against O][P or its officers, agents or
employees.
NOW THEREFORE, for and in consideration of the mutual promises set forth below, and
intending to be legally bound thereby, the parties covenant and agree as follows:
1. OIP will provide Mr. Belin with severance pay in an amount equal to four months
salary. It is agreed that the gross amount of said payment will be $ 4ip. (g(,0. co
from which OIP will make standard payroll deductions.
2. OIP will also make a lump sum payment of $10,000 to W. Belin to cover
reasonable relocation expenses incurred by him.
3. The payments set forth in paragraphs (1) and (2) will be made in two equal
installments via check forwarded to Mr. Belin or his designated attorney. The first payment will
be mailed within fourteen (14) business days after OIP (or its attorney) receives a signed original
of this Agreement. The second payment will be made within thirty (30) days after the first
payment.
4. Mr. Belin will have such rights to continued health insurance coverage as are
provided by COBRA. For the period of four months following his termination date, OIP will pay
the full cost of continued health insurance coverage as required under COBRA and as elected by
Mr. Belin.
5. Mr. Belin agrees that he will keep the terms of this Agreement completely
confidential except for (a) any disclosure required by law or in connection with legal proceedings
between the parties, or (b) disclosure by Mr. Belin to members of his immediate family or to his
attorneys, accountants or tax advisors. The parties acknowledge that this confidentiality
provision is a material term of this Agreement and that any breach of this provision will constitute
cause for OIP to terminate the severance pay and benefits described in paragraphs 1, 2 and 4
above and to otherwise regard this Agreement to have been materially breached.
6. Mr. Belin represents that he has not filed any complaints, charges or claims against
OIP with any local, state or federal agency or court, including the Equal Employment Opportunity
Commission and the Pennsylvania Human Relations Commission, that he will not do so at any
time hereafter with respect to any matter included within the general release set forth in paragraph
8 below, and that if any such agency or court assumes jurisdiction of any such complaint, charge
or claim against OIP on behalf of Mr. Belin, he will request the agency or court to withdraw from
the matter.
7. The previous paragraph does not preclude Mr. Belin from filing a claim for
unemployment compensation if he is unemployed on or after his termination. OIP will not contest
Mr. Belin's eligibility for unemployment compensation benefits.
8. As a material inducement to OIP to enter into this Agreement, Mr. Belin hereby
irrevocably and unconditionally releases, acquits and forever discharges OIP and each of its
officers, agents, employees, representatives, attorneys, affiliates, successors and assigns, and all
persons acting by, through, under or in concert with any of them (collectively "OIP"), from any
and all complaints, claims, liabilities, obligations, promises, agreements, causes of action, suits,
rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually
incurred), arising prior to the execution of this Agreement and excepting only those rights
specifically granted to Mr. Belin herein. This Release includes any and all claims under Title VII
of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Pennsylvania Human Relations
Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Wage
Payment and Collection Law, any and all claims for defamation or other personal injury, any and
all claims for breach of contract and any and all other claims under any other provision of federal,
state or local law.
-2-
For the purpose of implementing a full and complete release and discharge of OIP, Mr.
Belin expressly acknowledges that this Release is intended to include in its effect, without
limitation, all claims which have accrued as of his execution of this Agreement, including claims
which he does not know or suspect to exist in his favor, and further acknowledges that this
Release contemplates the extinguishment of any such claim or claims.
9. Mr. Belin certifies that he has carefully read and fully understands all the
provisions of this Agreement; that he has been advised in writing, to consult with an attorney
regarding this Agreement; that he has had the opportunity to consider this Agreement for a period
of at least twenty-one (21) days prior to execution; that he may, at his sole election, choose to
waive the full twenty-one (21) day period and sign this Agreement prior to its expiration; and that
he may revoke this Agreement within seven (7) days of signing it.
10. Mr. Belin further certifies that he is voluntarily entering into this Agreement and
that neither OIP nor its officers, agents, employees or attorneys have made any representations
concerning the terms, conditions or effects of this Agreement other than those contained herein.
11. The parties acknowledge that the sole purpose ofthis Agreement is to amicably
effectuate severance terms for Mr. Belin and put to rest any potential disputes or claims that
might otherwise arise between them. Therefore, it is expressly acknowledged that this Agreement
does not constitute nor should it be construed to constitute an admission by OIP of any act of
impropriety or wrongdoing, or any breach of an obligation of arty kind to Mr. Belin.
12. Similarly, the parties acknowledge that this Agreement does not constitute nor
should it be construed to constitute an admission by Mr. Belin of any act of impropriety or
wrongdoing, or of any breach of an obligation of any kind to O]"P.
13. This Agreement may be revoked by Mr. Belin by providing written notice of
revocation within seven (7) days of his execution hereof. Notice of revocation should be send to
Katherine M. Allen, Esquire, McQuaide Blasko, 811 University Drive, State College, PA 16801.
14. This Agreement constitutes the sole understanding of the parties hereto and
supersedes any prior or contemporaneous agreements or understandings, whether written or oral,
respecting the subject matters addressed herein.
15. This Agreement cannot be modified, altered or changed, except under express
written consent of both parties in a document that explicitly refers to this Agreement.
-3-
16. The parties intend and agree that this Separation Agreement and General Release
shall be binding on and inure to the benefit of their respective heirs, successors and assigns.
17. This Agreement shall be governed by and construed in accordance with the laws of
the Commonwealth of Pennsylvania.
18. If any provision of this Separation Agreement and General Release is found to be
unenforceable or in violation of law, the remaining provisions shall remain in full force and effect,
provided however, that if the general release set forth herein is found to be unenforceable or in
violation of law, this entire Separation Agreement and General Release shall be null and void.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year set
forth below.
ATTEST: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
rh?Q By:
??th4rd H. H-tZi1ecr-
Executed on ^7 2004
RICHARD BELIN
Executed on 2004
::0DMA\PCD0CS\D0CSLIB2\255628\3
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O
a
RICHARD BELIN,
Plaintiff
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5953-Civil Term
JURY TRIAL DEMANDED
REPLY TO DEFENDANT'S NEW KFLTTER
Plaintiff, Richard Belin, hereby files the following
Reply to Defendant's New Matter.
17. Paragraph 17 of the New Matter alleges
conclusions of law to which no response is required. To the
extent that any such response is required t:qe allegations are
denied.
18. Paragraph 18 of the New Matter alleges
conclusions of law to which no response is required. To the
extent that any such response is required the allegations are
denied.
19. Paragraph 19 of the New Matter alleges
conclusions of law to which no response is :required. To the
extent that any such response is required the allegations are
denied.
20. Paragraph 20 of the New Matter alleges
conclusions of law to which no response is :required. To the
- 1 -
extent that any:such response is required the allegations are
denied.
Respectfully submitted,
STROKOFF & COWDEN, P.C.
By : ?..
Timothy E. Gilsbach, Esq.
I.D. No. 92855
Elliot A. Strokoff, Esq.
I.D. No. 16677
DATE : f p 132 State Street
PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
- 2 -
RICHARD BELIN,
Plaintiff
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5953-Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served
a true and correct copy of the foregoing Reply to Defendant's New
Matter by first-class mail, postage prepaid, on the following
person(s):
Katherine M. Allen; Esquire
McQuaide Blasko
811 University Drive
State College, PA. 16801-6699
C
Dated: I/1/01 By:
Tim thy E. Gilsbach
C-n
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
Plaintiff
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
No.: 04-5953 - Civil Term
Jury Trial Demanded
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant's Interrogatories (First Set) and
Request for Production of Documents to Plaintiff (First Set) in the above-captioned matter was
mailed by U.S. Is` Class Mail, postage prepaid, on this 9m day of March, 2005, to the attorney of
record:
Timothy E. Gilsbach, Esquire
Strokoff & Cowden, PC
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
(Attorneys for Plaintiff)
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
Katherine M. Allen, Esquire
I. D. No. 77676
811 University Drive
State College, PA 16801
(814) 238-4926
Attorneys for Defendant
ODMAWDO SIDO SLI92011051AI
t.,
..
?;>
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
Plaintiff
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
No.: 04-5953 -Civil Term
Jury Trial Demanded
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant's Requests for Admissions with
Corresponding Interrogatories and Requests for Production of Documents in the above-captioned
matter were mailed this 9`h day of March, 2005 to the following party:
Timothy E. Gilsbach, Esquire
Strokoff & Cowden, PC
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
By: Z, t
Catherine M. Allen, Esquire
I.D. No. 77676
Attorneys for Defendant
State University
811 University Drive
State College, PA 16801
(814) 238-4926
: ODMATCDOCSDO ,SUB21311 62U
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
Plaintiff
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
No.: 04-5953 - Civil Term
Jury Trial Demanded
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of Defendant's
Response to Plaintiff's Request for Production of Documents (First Set) via First Class Mail, this
day of March, 2005, on the following person(s):
Timothy E. Gilsbach, Esquire
P.O. Box 11903
Harrisburg, PA 17108
MCQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
By: , az&.
/Katherine M. Allen, Esquire
Attorneys for Defendant
811 University Drive
State College, PA 16801
(814) 238-4926
,, _
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
Plaintiff
No.: 04-5953 - Civil Term
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of Defendant's Answers
to Plaintiff's Interrogatories (First Set) via First Class Mail, this 8th day of March, 2005, on the
following person(s):
Timothy E. Gilsbach, Esquire
P.O. Box 11903
Harrisburg, PA 17108
McQuaide, Blasko, Schwartz,
Fleming & Faulkner, Inc.
By: .? ^^^ , 014r-
Katherine M, Allen, Esquire
Attorneys for Defendant
811 University Drive
State College, PA 16801
(814) 238-4926
ODMA\P D""S\DO SLIB2\309W8\I
_,
'
?
.
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY;
Please list the within matter for the next Argument Court.
-------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
RICHARD BELIN
(Plaintiff)
vs.
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
(Defendant)
No. 04_ 5953 CIVIL
Term
State matter to be argued (i.e, pla ntiff s motion for new trial, defendant's demurrer to
complaint, etc.):
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, MOTION FOR PARTIAL
Identify counsel who will argue cases: SUMMARY JUDGMENT
(a) for plaintiff:
ELLIOTT .CTAnv.,....
(b) for defendant-
KATHERINE
M. ALLEN
, PA 17108-1903
811 UNIVERSITY (Name and Address) -
DRIVE STAT$ COLLEGE, PA 16801
3. I will not fy al] arties in writ rig within two days that this case has been listed for argument.
I WILL NpOTIFY ALL PARTIES IN WRITING WITHIN TWO
CASE HAS BEEN LISTED FOR ARGUMENT-
4. ArgumentC0,rt ate: DAYS THAT THIS
MAY 17, 2006
Signature
KATHERINE M_ALLEN
Print your name ?-----
P-0. BOX 11903,
I z? /O 6 ATTORNEY FOR DEFENDANT
Date:
Attorney foA------
c a ?"
°11.x._.
r
IN THE COURT OF COMMON SYLVANIA
CUMBERLAND COUNTY,
Richard Belin,
Plaintiff
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
No.: 04-5953 - Civil Term
Jury Trial Demanded
ereina
Defendant, the orthopedic institute of Pennsylvania (hfter --vir ?, by and through
uaide Blasko, Fleming & Faulkner, Inc. files the following Motion for
its attorneys, McQ ? Judgment pursuant to
summary judgment or, in the Alternative, Motion for Partial Summary Pa.R.C.P. 1035.2. The grounds for OIP's motion are as follows:
I This d by the
breach of contract action arises out of a settlement agreement sign e
parties in July 2004, several weeks after OIP terminated Plaintiff s employment. [Complaint 14;
Answer 14 and Exhibit A].
iff Richard Belin initiated this action by filing a Complaint on November
2. Plaint
29, 2004. ent
3 Plaintiff seeks damages based on his claim that OIP breached the agreement
failing to pay the full amount owed under the agreement. [Complaint ¶M8-
between the parties by g e Payment and
101. Plaintiff further claims that OIP's conduct violates the Pennsylvania wag
Collection Law. [Complaint4M11-16].
4. OIP filed an Answer with New Matter on December 22, 2004.
:0DMA\PCDOCS\DOCSLIB2\337832\1 -1-
that it aid Plaintiff for all amounts owing under the terms of the
5 plp's position is t p
breached the material terms of the agreement nor violated the
agreement and therefore neither
10, 13 -141.
Wage Payment and Collection Law. [Answer ¶?4, 6-8,
Pennsylvania and have taken
6 Both sides have served and responded to written discovery that plaintiff intends to take
se. OIP is unaware of any further discovery
depositions in this ca
prior to scheduling this case for arbitration.
discovery having been completed, the undisputed facts establish that
7. All relevant d
under the agreement by paying plaintiff the full amount owed.
01P performed its obligations a Payment and
Plaintiff s claims of breach of contract and violation of the Wag
Consequently,
Collection Law should be dismissed. establish that to the extent OIP breached
g. In the alternative, the undisputed facts and is
b making five payments instead of two, Plaintiff suffered no damages
the by
limited to nominal damages. interpretation of the agreement,
9. In the alternative, even accepting Plaintiff s Plaintiff s damages are limited to $5,384.62. licable
the Pennsylvania Wage Payment and Collection Law is inapp
10. In any event,
to Plaintiff s claims.
of the undisputed facts and conclusions outlined above, OIP files the
11. As a result
judgment seeking dismissal of plaintiff s claims and the entry of
instant motion for summary J artial summary judgment
summary judgment in Defendant's favor or, in the alternative, seeking p
and limiting plaintiff s remedy to either nominal damages or no more than $5,384.62.
::0DMA\PCDOCS\D0CSLIB2\337S32\1
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A. By Paying the Plaintiff the Full Amount Owed, OIP Performed its Obligations Under the Agreement.
ed by contract law. M _av.
12. In Pennsylvania, settlement agreements are govern
.
K_o_ken, 559 Pa. 216,739 AN 531, 536 (1999).
laintiff must establish the following three
p
13. To prevail on a contract claim, a
of the contract, including its essential terms; (2) a breach of duty
elements: (1) the existence
resultant damages. Ascension v. Reformed Church of Theodore
imposed by the contract; and (3)
Hooven & Sons, 764 AN 1106, 1109 (Pa. Super. 2000).
action is extinguished once a party owing payment satisfies
14. A breach of contract ?, 509, 840
debt. See DDI Gre orio v. Ke stone Health Plan East, 2003 Pa. Sup
any outstanding
AN 361, 370 (2003). agreement in July 2004
15. It is undisputed that the parties entered into a written • Richard Belin Deposition Transcript attached hereto as Appendix A to
[Answer, Exhibit A, with Exhibit 5
Motion. Specifically, see p. 70, lines 15- p. 71, line 20 along
Defendant is
o the deposition, hereinafter referred to as "Belin dep. (p.): (lines)"].
attached t a Plaintiff
It is further undisputed that the agreement provided that OIP would p y
16.
$46,667 less standard Payroll deductions, plus $10,000 for a total of $56,667, minus standard
deductions. [Complaint $4; Answer $4 and attached Exhibit A].
a eement is clear that in exchange for this payment by OIP, Plaintiff
17. The gr
1 release and agreed to several other provisions. [Exhibit A to Answer].
provided a genera
s uted evidence confirms that between July 15, 2004 and September 13,
1 g, The undi p deductions.
OIP issued five payments to plaintiff totalling $56,667, minus standard payroll
2004,
::0DMA\PCDOCS\DOCsLIB2\3 37832\ 1
-3-
and Exhibit 6 thereto; Affidavit of Candace Hoffman attached hereto as
[Belin dep. 73:6 23 anAppendix B, ¶M4-81.
OIP fully performed its obligations to plaintiff under the agreement
19. Consequently,
fished upon full payment.
and any claim of breach of contract by plaintiff was extinguished
he agreement
20.
To the extent that OIP did not literally follow the language oft five installments rather than in two equal lump sums, such deviation
because it paid Plaintiff in f
from the literal contract terms is a trifling or de minimus departure from the contract terms and
ored. [Restatement of Contracts (Second), §235(1), comment (a)]•
maybe ?gn Agreement by
B. In the Alternative, to the Extent OIrP orPlaintiff Suffered No
Making Five Payments Instead of I
Damages.
In the alternative, the only possible breach supported by the undisputed facts is
21.
that OIP paid the amount owed plaintiff in five installments rather than in two equal lump sum
payments.
admitted at his deposition that he was not concerned with the method o
22. Plaintiff the payment so long as he received the amounts as soon as possible. [Belin dep. 71:21-72:4]•
a ortion of the amount due to plaintiff early, OIP actually benefited
23. By paying p
Plaintiff and lessened any hardship to him. [Belin dep. 72:5-141.
Plaintiff can provide no evidence that the early payments resulted in any
24. Thus,
damages to him. flowing
In a breach of contract action where the plaintiff can show no damages
25.
intiff is entitled only to recover nominal damages. Thorsen v. Iron and
from the breach, a pia
Glass Bank, 328 Pa. Super. 135, 141, 476 A.2d 928, 931 (1984)•
::ODMA\PCDOCS\DOCSLIB2\337%32\ I
-4-
Plaintiff's Interpretation of the
C. In the Alternative, Even Accepting
Agreement, his Damages are Limited to $5,384.62.
26. Should plaintiff contend that the language of the agreement is somehow
s this Court may consider parole evidence to interpret any ambiguity. Dew ?.
aznbiguou ,
Kaiser, 335 Pa. Super. 258, 262, 484 AN 121, 124 (1984). he
27. At his deposition, Plaintiff stated that before he signed the agreement,
at he would be entitled to no more than payments totalling $46,667 plus $10,000
understood th
moving expenses, minus standard payroll taxes. [Belin dep. 70:14-191.
28. After Plaintiff signed the agreement, he received a total of $51,282.38, minus
standard deductions. [Hoffman Aff. 4M7-8; Belin dep. 73:6-23].
Thus even under Plaintiff s understanding of the agreement at the time he signed
29.
it his total damages cannot exceed $5384.62, minus standard payroll deductions.
it,
Event, the Pennsylvania Wage Payment and Collection Law is
D. In Any
Inapplicable to Plaintiffs Claims.
30. The parties agree that Plaintiff s employment was terminated on June 25, 2004.
[Answer, Exhibit A; Belin dep. Exhibit 51.
Prior to his termination, plaintiff was not aware of any written severance policy
31..
b OIP or a standard OIP practice of providing a specific amount of severance payment
followed y
upon termination of employees. [Belin dep. 12:7-22; 75:5-76:2; 79:15-19; 80:8-11].
32. Plaintiff did not perform any services for OR after his termination date. [See
Belin dep. 56:7-57:18; 58:2-61:41.
33. OIP made the offer to pay plaintiff a certain sum in exchange for a full general
release from plaintiff several weeks after Plaintiff s employment with OIP was terminated.
[Answer, Exhibit A; Belin dep. 65:3-91.
::ODMAWDMS\DMSLIB2\337832\1
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34, Under these circumstances, the Wage Payment and Collection Law is not
Plaintiff that OIP did not pay the full amount owed pursuant to the
applicable to any claim by
See 43 P.S. §260.5(a); Turk v. Communication Desi s Inc., 10
settlement agreement. [_
in ford Cty. Ct. Com. Pl. 1991); Weine and v. Fischer & Porter Co., 47
Pa.D.&C. 4 42 (Craw
Pa.D.&C. 2d 244 (Bucks Cty. Ct. Com. Pl. 1968)].
WHEREFORE, Defendant Orthopedic Institute of Pennsylvania respectfully requests that
nt its Motion for Summary Judgment and dismiss plaintiff s action in its
this Honorable Court gra ants its
with In the alternative, OIP respectfully requests that this Court gr
entirety w prejudice.
Motion for Partial Summary Judgment and limit Plaintiff s potential damages to nominal
rnative, OIP requests that plaintiff s damages be limited to no more than
damages. In the alte
Court determine that the Pennsylvania Wage Payment and Collection Law
$5384.62 and that the
is not applicable to this claim.
Respectfully submitted,
McQUAIDE, BAULKNER, INC. RTZ,
FLEMING &
Dated: April 26, 2006 By. K rne M. Allen, Esquire
I.D. No. 77676
811 University Drive
State College, PA 16801
(814) 238-4926
Attorney for Orthopedic Institute of
Pennsylvania
::0DMA\PCD0CS\DOCSLIB2\337832\1
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IN T14E COURT OF COMMON PLEAS
CUMBERLAND COi
Richard Belin, No.: 04-5953 - Civil Term
Plaintiff
: Jury Trial Demanded
V.
Orthopedic institute of
Pennsylvania,
Defendant.
CERTIFICATE OF SERVICE
that a true and correct copy of Defendant's Motion for Summary I hereby certify Jud ent in the above-captioned
Judgment or, in the Alternative, Motion for Partial Summary gm
matter was served via First Class Mail on this the 26th day of April, 2006 to the following party:
Elliott Strokoff, Esquire
Strokoff & Cowden, PC
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
MCQUAIDE, BLASKO,
FLEMING & FAULKNER, INC.
By:
laerine M. Allen, Esquire
I.D. No. 77676
Attorneys for Defendant
State University
811 University Drive
State College, PA 16801
(814) 238-4926
:0DMA\PCD0CS\D0CSLIB2\337832\1
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:7
0
RICHARD BELIN,
PLAINTIFF
V
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-5953
JURY TRIAL DEMANDED
DEPOSITION OF: RICHARD BELIN
TAKEN BY: DEFENDANT
BEFORE: MARIA N. O'DONNELL, RPR
NOTARY PUBLIC
DATE: JULY 8, 2005, 8:31 A.M.
PLACE: STROKOFF & COWDEN, PC
132 STATE STREET
HARRISBURG, PENNSYLVANIA
APPEARANCES:
STROKOFF & COWDEN, PC
BY: ELLIOT A. STROKOFF, ESQUIRE
FOR - PLAINTIFF
MCQUAIDE, BLASKO LAW OFFICES
BY: KATHERINE M. ALLEN, ESQUIRE
FOR - DEFENDANT
ALSO PRESENT:
RICHARD HALLOCK, M.D.
Nughes
AIbnyht
F oItz
Natole
2080 Linglestown Road 9 Suite 103 • Harrisburg, PA 17110
717.540.0220 • Fax 717.540.0221 • Lancaster 717.393.5101
Multi-Pap TM
RICHARD BELIN
Page 2
1 WITNESSES
2 NAME EXAMINATION
3 RICHARD BELIN
4 BY: MS. ALLEN 3
5
6
7 EXHIBITS
8 DEPOSITION EXHIBIT NO. PRODUCED AND MARKED
9 1. Letter dated 6-23-03 13
10 2. Letter dated 6-28-04 51
11 3. Letter dated 6-24-04 56
12 4. Letter dated 7-12-04 65
13 5. Separation agreement 70
14 6. Plaintiffs response to admissions 73
15
16
17
18
19
20
21
22
23
24
25
Page 3
1 STIPULATION
2 It is hereby stipulated by and between counsel
3 for the respective parties that sealing, certification and
4 filing are hereby waived; and that all objections except as
5 to the form of the question are reserved to the time of
6 trial.
7
8 RICHARD BELIN, called as a witness, being duly
9 sworn, testified as follows:
10 EXAMINATION
11 BY MS. ALLEN:
12 Q Hi, Mr. Belin. My name is Katherine Allen. I
13 just want to remind you that everything that you say is
14 going to be taken down by the court reporter so you need to
15 give audible responses. And if I ask you any questions
16 that you don't understand or are not clear to you, if you
17 would just let me know and I will rephrase the question.
18 A All right.
19 Q Thanks.
20 Have you ever given a deposition before?
21 A I have not.
22 Q Okay. And have you ever been involved in any
23 kind of litigation or lawsuit?
24 A I have not.
25 Q Could you state your full name for the court
JULY 9, ZUUS
Page 4
1 reporter, please?
2 A It's Richard Edward Belin.
3 Q Okay. And for the record, your age?
4 A Forty-one.
5 Q Your current residence?
6 A Street address or just city?
7 Q City is fine.
8 A Brooklyn Park, Minnesota.
9 Q Could you just briefly give us your educational
10 background?
11 A I have a four-year college degree from the
12 University of Minnesota, then a masters degree from the
13 University of St. Thomas, both in Minneapolis.
14 Q The master degrees is in?
15 A Finance.
16 Q Finance. And could you just briefly state your.
17 employment background, what types of employment that you
18 have had since your degrees?
19 A Been in healthcare for most of those years,
20 hospital based, and then I jumped to physician based.
21 Q Okay. Any other kind of employment during that
22 time since college and your masters?
23 A No.
24 Q Okay. I'd like you to describe the circumstances
25 of your first contact with Orthopedic Institute of
Page 5
1 Pennsylvania.
2 A Very simply, I replied to their job posting on a
3 healthcare job-based web site.
4 Q Did you reply on line?
5 A I believe so, yes.
6 Q Okay. And do you remember if you replied to a
7 general email box or was it a specific person?
8 A Specific person.
9 Q Who was that?
10 A Her name is Mary Turnbaugh.
11 Q Is this someone who works for -- I am going to
12 refer to the defendant as OIP just for purposes of this
13 deposition, is Miss Turnbaugh somebody who works for oin
14 A She was a headhunter for them, so she was hired
15 to recruit.
16 Q But she was not an employee of oir
17 A I don't believe so.
18 Q Okay. And did you have any other contact with
19 her, telephone contact or written contact?
20 A From what timeframe?
21 Q After you first replied to the job posting?
22 A Yes. She coordinated the first series of
23 interviews. So I was talking back and forth with her, if
24 that's your question.
25 Q Okay. Did she make any representation of the
Page 2 -Page 5
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN
Multi-Palle TM
JULY 9, ZU05
Page 6
1 terms of the job, the responsibilities of the job?
2 A Not to my recollection.
3 Q Okay. What was your first contact with a
4 representative of OIP?
5 A Probably when I flew out for -- no. They phone
6 interviewed me as a group, conference call.
7 Q That was an initial interview for the job?
8 A Correct. Connect.
9 Q Okay. Do you recall who was participating in the
10 phone interview?
11 A I do not. There was a group of them though.
12 There were a lot of doctors there, as I remember.
13 Q Do you recall if this was the entire board of
14 directors or just a select group?
15 A Select group.
16 Q And do you remember any individuals who
17 participated in that call?
18 A Not that I could state specifically.
19 Q Okay. Do you recall any of the substance of that
20 first interview, any particular representations made to you
21 about the job?
22 A Just that it was a full-time position; having
23 come from the consulting side, that was important to me.
24 Q Do you recall any representations about the
25 salary or a term of employment, anything like that?
Page 7
1 A Not with that initial phone call, no.
2 Q Okay. And how did things stand at the end of
3 that phone call? What was supposed to happen next?
4 A They were to narrow their field down to
5 finalists, and then fly those or bring those finalists in
6 for an interview.
7 Q Okay. Do you have any recollection of the
8 timeframe for that first telephone interview? I don't need
9 a date, just a month or --
10 A May of 2004, or 2003 I guess it would be.
11 Q Okay. What was your next contact, by telephone
12 or in person with someone from oiP or in writing?
13 A Mary phoned me, and said that I was one of the
14 finalists, so then we started to -- or make arrangements
15 for my trip out here.
16 Q Okay. And you had an interview here in the
17 Harrisburg area?
18 A Correct.
19 Q Okay. And who did you meet with during that
20 interview?
21 A Again, several of the physicians. I met with or
22 I was taken to all of their clinics.
23 Q Okay.
24 A I met a number of employees that day.
25 Q Do you recall anybody during -- well, let me ask
Page 8
1 this question. Did you have a series of different
2 interviews with different doctors, or did you only have one
3 interview with doctors and the rest of the time was meeting
4 people?
5 A I think just the group interview with the
6 physicians.
7 Q Okay. So one large group interview?
8 A Correct, that evening.
9 Q Did anybody during that interview make specific
10 representations to you about the terms of the job, again
11 salary, length of time that you expected to be employed?
12 A No, not at that time.
13 Q There were no representations made about any
14 terms?
15 A Not that I recall.
16 Q What were the questions about?
17 A From me to them or them to me?
18 Q Them to you?
19 A My management style, my background, what I had
20 been doing recently.
21 Q Go ahead. Excuse me.
22 A Just what I have been doing recently.
23 Q Okay. Did you ask any questions about the job,
24 the specifics of the job at that interview?
25 A Yes.
Page 9
1 Q What did you ask?
2 A I asked -- my big questions that I always ask are
3 are there any existing issues with the organization that I
4 need to be aware of, and do they want a strong manager
5 running their organization, so those are my two focal
6 points.
7 Q And you don't recall asking any questions about
8 salary or specifics about the terms of the job?
9 A Not at that time, Cathy.
lo Q When you finished that interview, were there any
11 offers, promises, extended to you at that point?
12 A No.
13 Q And what was your next contact with OIP?
14 A Actually -- so the meeting ended, then I spent
15 the evening with Dr. Lippe.
16 Q Okay. What did you talk about with Dr. Lippe?
17 A He took me to his home, introduced me to his
18 family, and he expressed his excitement with me as a
19 candidate.
20 Q Did you talk further about the specifics of the
21 job with him?
22 A No, we didn't.
23 Q And did he make any promises or representations
24 to you?
25 A No, he didn't.
Page 6 - Page 9
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM
RICHARD BELIN
JULY 8, 2005
Page 10
1 Q All right. After that evening, did you fly back
2 to Minnesota?
3 A Correct.
4 Q What was your next contact with OIP?
5 A Again, a telephone call, and that's when we
6 started the compensation negotiations.
7 Q Okay. In that next telephone call, were you
8 offered a position?
9 A I am not sure how to answer because we were
10 negotiating, so I was the -- I was their candidate.
11 Q Okay.
12 A And so we began the negotiation process.
13 Q All right. Did oIP put an offer on the table to
14 you and then did you respond to it, or did you have a back
15 and forth conversation about the terms?
16 A It was I'd say back and forth.
17 Q Okay. And what were your requests? What were
18 your demands in terms of what you wanted to see?
19 A Compensation, I wanted a base salary of 175,000
20 per year. The benefit package that they had in place was
21 okay, and then I said four weeks of vacation.
22 Q What was the response from oIP?
23 A They counter-offered.
24 Q What was the counter?
25 A There were several with the back and forth.
Page 11
1 Q Okay.
2 A So their counteroffer was way low.
3 Q What was their first counteroffer that you
4 considered way low?
5 A $120,000 a year base.
6 Q Okay. How many times would you say that you went
7 back and forth?
8 A Six.
9 Q Okay. I am not going to ask you to go through
10 every single one. When did the issue of a bonus, a
11 possible bonus enter the discussion of compensation?
12 A Toward the very last to get me to my 175.
13 Q Okay. Whose suggestion was the bonus plan?
14 A Dr. Goltz.
15 Q Was Dr. Goltz the person that you were dealing
16 with on the phone?
17 A Correct.
18 Q And was this -- would you say this was a series
19 of phone calls or one phone call?
20 A As I mentioned, it's a series of phone calls.
21 Q Do you recall about how many?
22 A There again, six.
23 Q Okay.
24 A At least.
25 Q So there would be a phone call with a counter
Page 12
1 proposal, and then you would have a separate phone call
2 with the response?
3 A Correct.
4 Q Do you recall the timeframe of these telephone
5 calls?
6 A Toward the latter part of June.
7 Q And you eventually reached an agreement, is that
8 correct?
9 A Correct.
1o Q And was that an agreement that you reached by
11 phone, or was the first time that you both agreed on
12 something in writing?
13 A By phone.
14 Q Okay. And once you reached an agreements by
15 phone, did oIP draft a document for you to review?
16 A Correct.
17 Q During your telephone discussions, was there ever
18 any mention of a severance package?
19 A No.
20 Q Was there ever any mention of severance pay at
21 all?
22 A No.
23 MS. ALLEN: Off the record.
24 (Discussion held off the record.)
25 (Dr. Hallock enters deposition room.)
Page 13
1 MS. ALLEN: I am going to hand you a document we
2 will mark as Exhibit 1.
3 (Letter dated June 23, 2003 produced and marked
4 Exhibit Number 1.)
5 BY MS. ALLEN:
6 Q Mr. Belin, can you identify this exhibit?
7 A This is the offer letter.
8 Q Okay. And is that your signature on the second
9 page dated June 27th, 2003?
10 A Yes, it is.
11 Q Okay. And this letter is signed by John
12 Frankeny. Do you recall why Dr. Frankeny sent you the
13 letter?
14 A No.
15 Q Okay. Because your telephone conversations had
16 been with Dr. Goltz, correct?
17 A Correct.
18 Q And does this letter reflect the terms that you
19 had agreed to by telephone?
20 A Yes.
21 Q Okay. Do you recall the day that you started
22 working for oiP?
23 A July 19th, I believe.
24 Q Okay. So your recollection, it's a couple days
25 before July 21st which is the time period mentioned in the
Page 10 - Page 13
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN
JULY 8, 2005
Multi-Peke TM
Page 14
1 letter?
2 A Yes, that date sticks out.
3 Q And why does that date stick out to you?
4 A Big moment in my career.
5 Q Did anything particular happen that day other
6 than it being the first day that you worked at OIP?
7 A No.
8 Q And why did you consider this a big moment in
9 your career?
10 A With the relocation.
11 Q Had you already moved to the Harrisburg area when
12 you started working?
13 A Yes.
14 Q And I haven't asked you about your family, but do
15 you have a family?
16 A Yes.
17 Q And could you give me your spouse's name and any
18 children's names?
19 A My spouse is named Kristen.
20 Q Kristen Belin?
21 A Correct, and we have no children.
22 Q Okay. And so had your wife already moved out to
23 the Harrisburg area when you started work at 01P?
24 A Correct.
25 Q Is she employed also? Was she employed at the
Page 15
1 time?
2 A No.
3 Q Has she been employed at any time in the last
4 five years?
5 A Yes.
6 Q Was she employed before you moved to the
7 Harrisburg area?
8 A Yes.
9 Q Where was she employed or what type of position?
10 A She's a medical coding specialist.
11 Q Coding, c-o-d-i-n-g?
12 A Correct.
13 Q And she was working up until the time that you
14 moved to the Harrisburg area?
15 A Correct.
16 Q Did she work at any time in the Harrisburg area
17 while you lived here?
18 A Yes.
19 Q Okay. And in what type of job was she employed?
20 A Again, she started as a medical coding
21 specialist.
22 Q Okay. Do you recall approximately when she began
23 employment in this area, the Harrisburg area?
24 A On or around September 1 st.
25 Q Okay. Of 2003?
Page 16
1 A Correct.
2 Q When you moved from Minnesota to the Harrisburg
3 area, did your moving expenses exceed the $10,000 moving
4 allowance?
5 A No, they didn't.
6 Q Do you recall approximately what they were?
7 A 5200.
8 Q Okay. Okay. After you received Exhibit 1 and
9 signed it, were there any further negotiations on the terms
to of your job?
11 A No.
12 Q With O1P?
13 A No.
14 Q And was there ever any discussion about your job
15 existing for a period of one year until you renegotiated a
16 new contract or existing for three years until you
17 renegotiated a new contract?
18 A It was the implied fourteen months.
19 Q And what are you referring to with the implied
20 fourteen months?
21 A The letter spoke to the bonus, after fourteen
22 months, the retention bonus.
23 Q Okay. What discussions did you have and with
24 whom about the fourteen month period of time?
25 A Dr. Goltz who coordinated the negotiations, and I
Page 17
1 don't recall where the fourteen months came from.
2 Q Do you recall whether that was his suggestion or
3 your suggestion?
4 A That would have been his.
5 Q And other than suggesting that a bonus be paid --
6 you be eligible for a bonus at fourteen months, were there
7 any other discussions about that period of time?
8 A Just in terms of job expectation.
9 Q What were those discussions?
10 A Really they were two fold. They were focused on
11 reducing costs and fording their new site.
12 MR. STROKOFF: S-i-g-h-t or s-i-t-e?
13 THE WITNESS: S-i-t-e.
14 BY MS. ALLEN:
15 Q Did Dr. Goltz talk to you about providing you
16 with a renegotiated agreement after fourteen months?
17 A Yes, that was my expectation.
18 Q Did he say that to you?
19 A Not that I recall.
20 Q So when you say that was your expectation, was
21 that based on anything specific that Dr. Goltz said?
22 A Not that I can recall.
23 Q Okay. Was that expectation based on anything
24 specific that anyone from oIP told you?
25 A Just in the Exhibit 1.
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Multi-Page M
RICHARD BELIN
JULY 9.2UU5
Page 18
1 Q But outside of what is written in this letter,
2 you don't recall any other representations made by OIP with
3 regard to a renegotiated contract?
4 A No.
5 Q Okay. Was it your expectation that if you worked
6 for oIP for fourteen months and did not receive another
7 letter agreement, that you -- your job would be terminated?
8 A No, that we would work to get the letter to get
9 the new agreement.
10 Q And what terms would govern until you got a new
11 agreement?
12 A The existing.
13 Q And are these understandings or expectations that
14 you had alone, or were they discussed specifically with
15 anyone at OIP?
16 A The specific discussions were to take the bonus
17 that is on Exhibit 1 and make them part of my base
18 compensation.
19 Q And those were the only specific discussions
20 about a fourteen month, period?
21 A Uh-huh. Correct.
22 Q Thank you.
23 Who did you report to at OIP when you started to
24 work there?
25 A The board of directors.
Page 20
1 Q Did you ever have an evaluation while you were --
2 while you were employed at OIP?
.3 A Yes.
4 Q That's what, a formal evaluation?
5 A Yes.
6 Q And when did that occur?
7 A The dates I am unsure of. It would be reflected
8 in the board minutes because it happened at a board
9 meeting.
10 Q Were you given anything in writing?
11 A Just what the minutes -- the approved minutes
12 would say.
13 Q Who was in charge of the minutes for the board
14 meetings?
15 A Me personally. I typed them, then the board
16 reviewed and William Demuth reviewed it and signed it and
17 then the board approved it.
18 Q Who is Mr. Demuth?
19 A The corporation's secretary I believe was his
20 official role.
21 Q Dr. Demuth?
22 A Correct.
23 Q And do you recall if this evaluation took place
24 after you had been there six months, after you had been
25 there nine months, do you have any recollection?
Page 19
1 Q Okay. Was there any one specific person who you
2 considered to be your primary supervisor, supervising
3 doctor?
4 A Tyre were four of them that I would have
5 considered had primary responsibility.
6 Q Who would that have been?
7 A Jack Frankeny. Who's the finance --
8 DR. HALLOCK: Greg Hanks.
9 BY MS. ALLEN:
10 Q For purposes of the record, it's better if I ask
11 the questions and you answer them rather than direct your
12 questions to somebody else.
13 At this point Dr. Hallock is not under oath so we
14 have to keep it with you.
15 THE WITNESS: Okay. All right. So Greg Hanks,
16 on Lippe, and then Rick Hallock.
17 BY MS. ALLEN:
18 Q Okay. How much contact did you have with any of
19 those four individuals?
20 A A lot.
21 Q On a daily basis, a weekly basis?
22 A Weekly.
23 Q And were these scheduled meetings or informal
24 contacts or both?
25 A Informal.
Page 21
1 A My best of my recollection, it would be probably
2 nine months.
3 Q Okay. So in approximately February, something
4 like that?
5 A That sounds right.
6 Q Okay. What was the substance of the evaluation?
7 What were you told?
8 A As the board minutes would show, it was a
9 flawless recommendation; in fact, they voted their approval
10 or disapproval that evening as I sat in the room.
11 Q What did they vote?
12 A Dr. Lippe actually called for a vote. And they
13 voted whether or not I was doing an excellent job or not by
14 a show of hands.
15 Q What were the result of the votes?
16 A For all physicians in attendance, they all agreed
17 that I was doing an excellent job.
18 Q So it was a unanimous agreement that you were
19 doing an excellent job?
20 A Correct.
21 Q Were there any criticisms of that evaluation?
22 A Not that I remember.
23 Q How many people spoke during the course of the
24 evaluation?
25 A I guess best that I can recall -- best that I can
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HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD $EL1N
JULY 8, 2005
multi-page TM
Page 22
1 recall, four.
2 Q Who spoke?
3 A Certainly would have been Ron Lippe, Greg Hanks I
4 believe, that's all I can remember exactly I guess.
5 Q Okay. Did you have any other formal evaluations
6 while you were at o1P?
7 A No, I didn't.
8 Q Did you go to all of the board of directors
9 meetings while you worked at 01P?
10 A Yes, I did.
11 Q Did you attend the entire board of directors
12 meetings when you attended?
13 A Yes.
14 Q Was there ever any kind of executive session or
15 part of the board of directors meting that you were not
16 invited to attend?
17 A Yes.
18 Q When did that occur?
19 A In December.
20 Q What was the reason for that?
21 A They were voting on my holiday bonus.
22 Q Do you recall if there was any other business
23 they were voting on during that executive session?
24 A No.
25 Q Do you recall an incident involving an employee
Page 23
Page 24
1 Q Who did it involve?
2 A I don't remember what the issue was.
3 Q You don't have any recollection of what she had
4 discussed with the physicians?
5 A No, I don't.
6 Q Did you raise your voice when you were having
7 this discussion with her?
8 A No.
9 Q Were you talking in a quiet tone?
10 A Yes, normal office tone.
11 Q Do you recall whether you were blocking the
12 doorway when you were talking with her?
13 A I was standing inside the door because the office
14 was small, there is no other place to stand.
15 Q And this was an office that she's the only person
16 who works in that office?
17 A Other people float in if they are replacing her.
18 Q Okay. But it's her office space where you were
19 speaking?
20 A Yes, her position's office space.
21 Q Did she respond to you in any way?
22 A No.
23 Q What was the result of that incident? What
24 happened after that?
25 A Then she went to the physicians about the fact
Page 25
1 named Emmaline Lucas? 1 that I had come to her for the very same issue.
2 A Yes. 2 Q How did you learn that she had done that?
3 Q Would you agree with me that this incident or 3 A I believe Rick Hallock called me.
4 incident occurred in April 2004? 4 Q Do you recall how soon after your discussion with
5 A I take your word for it. 5 Ms. Lucas that you received a call from Dr. Hallock?
6 Q Do you have any reason to think that it was a 6 A Within two weeks.
7 different month? 7 Q What was the substance of that conversation?
8 A No. 8 A They wanted to talk to me about communicating
9 Q What's your memory of the incident from your 9 with the staff.
1o perspective? What happened? 10 Q In what way did -- were you going to talk about
11 A The -- I happened to be standing in her office, 11 communication?
12 and I explained to her that the proper protocol for issue 12 A They wanted to give me pointers, tips, hints to
13 resolution in the organization that we had agreed upon at 13 help me better communicate with the staff.
14 the board. 14 Q Was there any speck criticism of what you had
15 Q Why were you having this discussion with her? 15 done in the past in your communication?
16 A She had a habit of taking issues straight to the 16 A Yes. The criticism was that I used language not
17 physicians within her clinic. 17 befitting what they call office behavior.
18 Q Do you recall what issue she had taken to the 18 Q Do you agree with that report, that you had used
19 physicians? 19 language not suited to the office?
20 A No, I don't. 20 A In the perfect sense, yes.
21 Q You don't have any recollection of what the issue 21 Q What do you mean by perfect sense?
22 was? 22 A You know, take out the colloquialisms of every
23 A No. 23 day conversation.
24 Q Was it an issue involving you personally? 24 Q Could you elaborate on what you mean by
25 A No, it wasn't. 25 colloquialisms of every day conversation?
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HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
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RICHARD BELIN
JULY 8, 2005
Page 26
1 A The conversation that I had with this particular
2 employee is the same conversation that I would have --
3 actually the physicians would have back to me within that
4 same clinic environment, there is no difference. So my
5 communication was the same as it relates to this employee
6 or a physician or an outside vendor.
7 Q Did your conversation with the employee contain
8 any obscenities or swear words, cursing?
9 A Just one.
10 Q What was that?
11 A As she was telling a story before I got to my
12 agenda, she had said she had been mistreated by a patient
13 that had come into the clinic as a relative of an employee.
14 And my response to her was I can't fucking believe that
15 this would happen.
16 Q And that is the only time that you used that word
17 in your conversation with her?
18 A Yes, it is.
19 Q Is that the only time that you ever used that
20 word in your conversation with any staff at OIP?
21 A I probably used that on a few occasions.
22 Q How do you define a few?
23 A Let's say three or four times if I got excited
24 about any given topic.
25 Q Three or four times during the entire course of
Page 27
1 your employment at 01P?
2 A Yes.
3 Q Okay. Okay.
4 Just so I am clear, you said the word fuckin or
5 fucking three or four times with staff at OIP during the
6 entire time that you worked there?
7 A Correct.
8 Q Did you have any meetings other than the
9 telephone call with Dr. Hallock or any other member of the
10 board about this incident with Miss Lucas?
11 A Yes, we had a few, two or three.
12 Q Did you refuse to attend any meetings with Ms.
13 Lucas or with members of the board regarding this incident?
14 A I refused -- there was -- never with the
15 employee. And I refused one meeting because it was last
16 minute and I couldn't make it.
17 Q And was that the first meeting that you had or
18 the last meeting that you had on this topic?
19 A It's -- it was one of the middle ones.
20 Q Okay. And who had asked you to meet?
21 A It would have been Rick Hallock.
22 Q And what did you tell him?
23 A To the one that I didn't attend?
24 Q Yes.
25 A I said that I had other obligations or I didn't
Page 28
1 -- I wasn't able to attend.
2 Q Did you explain why you weren't able to attend or
3 did you say that you would not attend?
4 A I wasn't able to attend.
5 Q Did you say anything that would have given him
6 the impression that you were refusing to attend?
7 A No.
8 Q And the other meetings that you had about the
9 incident involving Miss Lucas, who was present?
10 A It would have been Rick Hallock, Bill Demuth,
11 Jack Frankeny, Greg Hanks, Ron Lippe was at one, and Curt
12 Goltz I believe.
13 Q Was the discussion pretty much centered on the
14 incident with Ms. Lucas, or were other things discussed?
15 A Pretty much focused on this incident.
16 Q Okay. What was said by the oIP board members?
17 A Best that I can recall, they had given me
18 suggestions again to improve my communication with the
19 staff at oIP.
20 Q Did you think your communications with staff
21 needed to be improved?
22 A There is always room for improvement.
23 Q Did you -- what was your response to the
24 suggestions that they gave you?
25 A I was gracious that they cared enough to give me
Page 291
1 those suggestions.
2 Q Did you dispute anything that they were telling
3 you at these meetings?
4 A I did not dispute that, no.
5 Q Did you disagree with any suggestions that they
6 were giving you or any reports that were made about your
7 behavior?
8 A No, I did not.
9 Q There were no disagreements or disputes?
10 A No. The -- just to elaborate, the only -- you
11 know, I came to one of these meetings and set the context
12 of to try to get the physicians to understand business
13 communications.
14 Q And how did you do that?
15 A By giving specific examples of other
16 conversations that had been held within oIP clinic during
17 business hours.
18 Q What examples did you give?
19 A My -- probably my best example probably involved
20 Rick Hallock where he sat in the middle of a clinic and
21 talked openly about sexual topics of very detailed nature
22 with myself and two female employees present.
23 Q And when was -- when did that occur?
24 A It would have been slightly before this meeting.
25 Q Would it have been before or after you had the
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HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN Multi-Pale TM
JULY 8, 2005
Page 30 Page 32
1 conversation with Miss Lucas? 1 Q And how did you become aware of that -- of them?
2 A After. 2 A First by word of mouth, then I went to a few of
3 Q Who were the two female employees? 3 these, I went to Ron Lippe and Curt Goltz and asked them.
4 A One was his secretary, a Christine -- I can't 4 Q When you said word of mouth, did you hear it from
5 remember her last name. And I can't remember who the other 5 one of the physicians or one of the staff people of o1P?
6 female was. 6 A Staff.
7 Q What --you talked about sexual topics. Were you 7 Q Do you recall who?
8 talking about patients? Were you talking about stories, 8 A I do not.
9 jokes, what was the context? 9 Q What did Dr. Lippe and Dr. Goltz tell you about
10 A Rick Hallock was sharing his thoughts on sexual 10 the meeting?
11 activity. 11 A Just confirmed that they existed.
12 Q Was this in the context of discussing sexual 12 Q Did they tell you anything about the topics
13 harassment or -- 13 discussed at the meetings?
14 A No, it was not. 14 A Ron Lippe did, yes.
15 Q Okay. Where was this meeting or where was this 15 Q Was this before or after the meetings had taken
16 gathering? 16 place?
17 A It was in the middle of the hallway at the Powers 17 A After.
18 Clinic site. 18 Q What did Ron Lippe tell you?
19 Q All right. Other than the Lucas incident, were 19 A He assured me that my job was secure, and this
20 you ever reprimanded or criticized or asked to improve your 20 was via telephone.
21 performance with regard to any other aspect of your job at 21 Q Did he tell you --
22 OIP? 22 A And I will survive that.
23 A Yes, with one other employee. 23 Q Excuse me?
24 Q Okay. Who was that? 24 A And that I will survive this proceeding.
25 A Cathy Gingrich I think her name is. 25 Q Did he tell you that the meetings were
Page 31 Page 33
1 Q What were you asked to do with regard to your 1 discussions about you and your job performance?
2 relationship to her? 2 A Yes.
3 A Just to improve the communication lines between 3 Q Okay. And you were aware of one or two meetings
4 the two of us. 4 that occurred before you were terminated without you
5 Q What was the criticism of your past communication 5 present?
6 with her? 6 A Yes.
7 A That there had been misunderstandings between her 7 Q How close to the time of your termination did
8 and I. 8 these two meetings occur?
9 Q Had she complained about your communication with 9 A Within the month.
10 her? 10 Q Was one of them close to the time of your
11 A Not to me. 11 termination, or were they both about a month before your
12 Q Who brought this up to you? 12 termination?
13 A Jack Frankeny. 13 A No, one was probably two weeks.
14 Q And when would that have occurred? 14 Q Okay. Did you talk to anyone besides Dr. Lippe
15 A Well, shortly before my departure. 15 and Dr. Goltz about what took place at those meetings?
16 Q Before you were terminated at olP, did you have 16 A No.
17 any reason to think that your job was in jeopardy? 17 Q Okay. I want to direct your attention to the
18 A Yes. 18 week before your termination.
19 Q When would that have been? 19 A Uh-huh.
20 A Probably a month prior. 20 Q Did you have any meetings or phone calls with
21 Q What led you to think that? 21 board members during that week?
22 A The physicians had a meeting or two without me in 22 A I am sure I did.
23 attendance, which was unusual. 23 Q Do you recall what they were or how many there
24 Q Were these meetings of the full board? 24 were?
25 A I don't know who attended. 25 A No, they would have been about a variety of
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RICHARD BELIN
JULY 8. Zt105
Page 34
1 business transactions.
2 Q Okay. Let me narrow the question then. Do you
3 recall any meetings with board members during that last
4 week specific on -- specifically on the topic of your
5 performance?
6 A No.
7 Q Do you recall any telephone conversations about
8 your performance during that last week?
9 A Just with Curt Goltz and Ron Lippe.
10 Q When did those telephone calls occur?
11 A Various times within that week.
12 Q Were there --
13 A In support of me and my position.
14 Q Were these telephone calls where both Dr. Lippe
15 and Dr. Goltz were on the phone, or were these separate
16 calls?
17 A Separate.
18 Can I clarify?
19 Q Sure.
20 A Because I did receive one phone call from Jack
21 Frankeny as it relates to a pre-board meeting the day
22 before I was terminated.
23 Q Okay. Let's start with that one. What was the
24 substance of that telephone call with Dr. Frankeny?
25 A He was very hostile, very irate, threatened that
Page 36
1 Q And did you attend a pre-meeting of the regularly
2 scheduled board meeting that night?
3 A I did.
4 Q Who was present there?
5 A To the best of my recollection, the usual, the --
6 Jack Frankeny, Greg Hallock, Greg Hanks, I think Jason
7 Litton was there.
8 Q Was either Dr. Goltz or Dr. Lippe there?
9 A No, they were not.
10 Q And what was said at that pre-meeting?
11 A They made the decision to take the human resource
12 management function away from my position.
13 Q Okay. What was your response to that?
14 A I disagreed, but accepted it because it was their
15 decision.
16 Q In what way did you disagree? What did you say?
17 A I thought they were wrong.
18 Q Are those your exact words?
19 A Not my exact words.
20 Q Do you recall what your exact words were?
21 A No, I don't.
22 Q Okay. Was there any further discussion about
23 that decision?
24 A No, there was not.
25 Q Okay. Did you receive a phone call from any
Page 35
1 I had to attend this meeting or else.
2 Q Or else. Did he explain or else what?
3 A He did not.
4 Q Were you calm on your end of the telephone
5 conversation?
6 A Yes, I was.
7 Q Did you raise your voice at all?
8 A I did not.
9 Q Was this before or after you had not met with Dr.
to Hallock on the incident involving Miss Lucas?
11 A It would have been after.
12 Q Okay. And what did you say to Dr. Frankeny?
13 A I said okay.
14 Q Is that all that you said?
15 A Yes.
16 Q And was this -- was Dr. Frankeny asking you to
17 attend a meeting of the board?
18 A No, he was demanding that I attend a
19 pre-meeting to the full board.
20 Q Was there a regularly scheduled board meeting
21 that week?
22 A Yes, that --
23 Q This would be a meeting before the regularly
24 scheduled meeting?
25 A Correct.
Page 37
1 member of the board later that same evening about that
2 decision?
3 A I received a phone call from Curt Goltz.
4 Q What was -- when was that?
5 A It was after I had left the board meeting.
6 Q Did you leave the board meeting before it was
7 finished?
8 A I did.
9 Q Okay. For what reason?
10 A I had a personal family crisis I had to attend to
11 that night.
12 Q And Dr. Goltz called you at the end of that
13 meeting, is that --
14 A No, after I left the meeting.
15 Q After you left the meeting.
16 What did he say to you then?
17 A I wouldn't -- I told Dr. Goltz that I would not
18 talk to him about 01P-related business.
19 Q Did you tell him why?
20 A I said I will talk to you about personal
21 relationship matters.
22 Q And did you tell him why you were making that
23 statement?
24 A No.
25 Q Why? Why were you saying that to Dr. Goltz?
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RICHARD BELIN
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JULY S, 2W5
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Page 401
1 A Because it wasn't the right -- he wasn't the 1 A I don't remember, but I probably did.
2 right person to speak with about OIP matters at that 2 Q Do you remember making the comment hell hath no
3 juncture. 3 fury like me?
4 Q Did you say that to him, that he wasn't the right 4 A No.
5 person? 5 Q Is that a comment that you think that you would
6 A No. 6 have made, or you just don't recall?
7 Q Was Dr. Goltz -- well, let me scratch that. What 7 A Doesn't sound like me.
8 did Dr. Goltz tell you in that conversation? 8 Q But if Dr. Goltz remembers that comment, could
9 A So he agreed to those terms, that -- we were 9 you deny that you made it?
10 talking personally. 10 A Having a personal conversation with him, probably
11 Q Okay. Did he discuss any more about the board 11 not.
12 decision to take your away your HR management 12 Q You also said that you had a couple of
13 responsibilities? 13 conversations with Dr. Goltz and Dr. Lippe before this last
14 A No. 14 meeting earlier in the week. What was the general
15 Q Did he mention that at all in the phone 15 substance of those conversations?
16 conversation? 16 A They were coaching me to remain quiet, take what
17 A Wouldn't let him, because it was a personal phone 17 the board had decided, and that I will survive and live to
18 call, not business. 18 fight another day.
19 Q When you say you wouldn't let him, did you 19 Q So is it fair to say they were trying to calm you
20 interrupt him? 20 down?
21 A I did all of the talking from that point on. 21 A They were trying to support me.
22 Q Okay. 22 Q Were there any raised voices in those
23 A Then I ended the conversation. 23 conversations?
24 Q Tell me exactly what you said. 24 A No.
25 A Well, to the best of my recollection, I told Curt 25 Q Did they make any promises or representations to
Page 39
1 that I was disappointed in his behavior as a friend.
2 Q What else did you tell him?
3 A That was the gist, that was the entire nature of
4 that conversation.
5 Q Okay. And why were you disappointed? What did
6 you tell him about why you were disappointed?
7 A Because of his lack of support.
8 Q Did you explain to him what you meant by that?
9 A Yes, I elaborated.
10 Q How did you -- what did you say?
11 A I said as a friend, he could have been more
12 visible in his support of me.
13 Q Did you give him any examples?
14 A No.
15 Q Did you raise your voice with him?
16 A Absolutely.
17 Q When you say absolutely, do you recall shouting
18 at him?
19 A To make sure that I was holding the conversation,
Lu yes.
21 Q You say holding the conversation, you mean only
22 you could talk and not Dr. Goltz?
23 A Correct.
24 Q Do you remember saying any curse words, swear
25 words during this conversation with Dr. Goltz?
Page 41
1 you about your job situation?
2 A Yes.
3 Q What were those?
4 A That I would be around at OIP forever is Ron
5 Lippe's exact words.
6 Q Forever?
7 A Forever.
8 Q Was that his opinion or was he stating it's a
9 fact that you would continue at oin
10 A Took it as fact.
11 Q Can you recall the context of the conversation
12 when he made that remark?
13 A Yes, he was on vacation and we had this
14 conversation several times. But at this conversation he
15 was on vacation. And in addition to assuring me that I
16 would be at otP forever, my wife and I were in the process
17 of buying a house, so he encouraged us to continue with
18 that home purchase.
19 Q Where had you been living up to that point?
20 A Townhouse.
21 Q Townhouse that you rented or owned?
22 A Rented.
23 Q So since the time that you moved to the
24 Harrisburg area, you had rented a townhouse?
25 A Correct.
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RICHARD BELIN
JULY 8, 2005
Page 42
1 Q And did you go through with buying the home?
2 A We did not.
3 Q So during the entire time that you lived in
4 Harrisburg in 2003, 2004, you rented a town home, is that
5 correct?
6 A Correct.
7 Q And was it just one residence, or did you move at
8 any point?
9 A Just the one residence.
10 Q Okay. How long were you at the regular board
11 meeting the night -- with -- well, let me ask this.
12 We talked about a regular board meeting during
13 your last week of work. Do you recall that that was June
14 24th, 2004?
15 A Correct.
16 Q Okay. How long were you at the regular board
17 meeting on June 24, 2004? Can you recall the timeframe?
18 A Absolutely. As I announced to the board when it
19 started, that I could only be there for about 45 minutes.
20 Q Okay. And the board meeting would have started
21 at what time?
22 A Six I believe.
23 Q Okay. Did you participate in the board meeting
24 during the 45 minutes that you were there?
25 A Yes.
Page 43
1 Q And in what way did you participate?
2 A I ran the board meeting.
3 Q Is that typically what you did while you worked
4 at OIP, you ran the board meetings?
5 A Yes.
6 Q When you say you ran the board meeting, would you
7 be in charge of the agenda and asking people to speak to
8 certain topics?
9 A Yes.
10 Q How many of these formal boards meetings did you
11 attend during your time at oIP? How often did they occur?
12 A We made them monthly.
13 Q Okay. Was that a change that you instituted?
14 A Yes, I formalized the process.
15 Q How often had the meetings occurred before you
16 arrived?
17 A I don't know for sure.
18 Q Okay. After your phone conversation with Dr.
19 Goltz the night of June 24th, 2004, did you have any other
20 contact with OIP board members or staff that night?
21 A No.
22 Q Okay. Had you discussed your job situation or
23 your concern that your job might be in jeopardy with anyone
24 at OIP besides Dr. Lippe and Dr. Goltz?
25 A Yes.
Page 44
1 Q Who did you discuss it with?
2 A It would have been a billing person.
3 Q Who is that?
4 A If I saw her name, I would know it, but I don't.
5 Judy or Jody.
6 Q What conversation did you have with Judy or Jody?
7 A She had come to me because she wanted oIP to
8 sponsor an -- or be a sponsor of a walk, a fundraiser that
9 was two weeks out, and I -- when I told her that I couldn't
10 do that because I didn't know if I was going to be around
11 in two weeks.
12 Q Did you have any other discussion with her about
13 why you thought that?
14 A I -- I am pretty sure that I said that it was
15 because I was being forced out of the organization.
16 Q This was before June 24th?
17 A Uh-huh.
18 Q Was it a week before?
19 A It was that week.
20 Q Okay. But before the board meeting on June 24th?
21 A Correct.
22 Q Did you tell her why you thought that you were
23 being forced out?
24 A No, I did not.
25 Q Did she ask you any questions about it?
Page 45
1 A No, she didn't.
2 Q Make any comments?
3 A She was disappointed.
4 Q Was there anybody else that you discussed your
5 feeling that your job was in jeopardy with before you were
6 terminated?
7 A Not that I recall.
8 Q Did you talk about it with anybody outside of
9 UP?
10 A No -- well, just my wife.
11 Q What did you tell her?
12 MR. STROKOFF: I will raise the marital privilege.
13 MS. ALLEN: Well, I think that applies in criminal
14 proceedings.
15 MR. STROKOFF: Well, we have the usual
16 stipulation. I am raising the privilege. He can go ahead
17 and answer if he wants. If he doesn't want, we will let a
18 judge decide, I just want to raise it.
19 MS. ALLEN: Okay. We do have the usual
20 stipulations, I should have covered that at the beginning?
21 MR. STROKOFF: Right.
22 THE WITNESS: The usual stipulations?
23 MR. STROKOFF: Yes, it's something we conceal from
24 the medical community, it's lawyer stuff. You can go ahead
25 and answer the question.
Page 42 -Page 45
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN
Multi-Page '`
J UL Y 5, ZUU3
Page 46
1 BY MS. ALLEN:
2 Q It's why Mr. Strokoff has been so noticeably
3 quiet.
4 A The answer to your question, Cathy, is that we
5 had detailed conversations about what our future would be
6 as it relates to my employment here in the Harrisburg area.
7 Q Did you tell her that you thought that your --
8 that you would be terminated by o1P?
9 A Yes.
to Q How early did you tell her that?
11 A Probably for the last three months of my
12 employment there.
13 Q The last three months of your employment?
14 A Yes.
15 Q Why did you think that during the last three
16 months?
17 A Because I am good at what I do. I have been
18 around physicians for a long while, I understand how they
19 process, so I saw the signs, if you will.
20 Q What were the signs?
21 A The signs are, you know, increasing tension
22 between the role that I was trying to play and a few of the
23 executive members of the board.
24 Q Were there any particular members that you felt
25 this tension from?
Page 47
1 A Rick Hallock, Jack Frankeny and Greg Hanks.
2 Q Was there anything particular during those three
3 months other than the things that we have already talked
4 about, anything in particular that they said or did that
5 gave you the impression that you would be forced out?
6 A Just with Greg Hanks.
7 Q What did he say?
8 A It was a disagreement, business disagreement that
9 we had with a business partner of 01P.
10 Q Can you be a little more specific?
11 A You know, my job was to make sure 01P was
12 involved in legitimate business practices. And Greg Hanks
13 was involved and we had a joint venture with a physical
14 therapy organization here, and Greg Hanks had a dual role,
15 his Oip partner and as their medical director.
16 Q Did you criticize that dual role?
17 A No, but we tried to manage it very closely.
18 Q What was the disagreement with Dr. Hanks?
19, A To make sure that we treated our partner like we
20 would have treated any other physical therapy provider in
21 this community.
22 Q Did you ever have any heated conversation about
23 this topic?
24 A No.
25 Q What about the disagreement led you to think your
Page 48
1 job might be in jeopardy?
2 A The fact physicians in general don't like to be
3 told what to do.
4 Q So was this just an impression that you had
5 within yourself, or was there anything that Dr. Hanks said
6 that led you to that impression?
7 A His behavior was very short and very agitated
8 toward me as it relates to this topic.
9 Q Did he ever make any explicit remarks about your
10 job being in jeopardy?
11 A He did not.
12 Q Okay. Do you recall the morning of Friday, June
13 25th, 2004?
14 A Yes.
15 Q Okay. What happened, just in your own words,
16 what do you recall?
17 A I was driving in to work and received a phone
18 call from Rick Hallock.
19 Q What next?
20 A On that phone call, Rick Hallock had said that
21 the relationship wasn't working, and that I was being
22 terminated from om
23 Q Okay. What was your response?
24 A My comment was -- I had said, you know, do you
25 want me to stay on for 90 days to help with the transition
Page 49
1 or is my termination effective today, and then if so, is
2 there a severance package involved.
3 Q What was his response?
4 A They were not interested in the 90 days, and the
5 severance package was being negotiated.
6 Q When he said they weren't interested in the 90
7 days, did you understand that you were terminated that day?
8 A I did.
9 Q Did you make any proposal, demand, request, about
10 a severance package at that point?
11 A Yes. I asked for two years.
12 Q Had you ever been terminated from a job before
13 this job?
14 A Have not.
15 Q Had you ever received a severance package from
16 any other position for leaving?
17 A Yes.
18 Q And how much was that severance package?
19 A It was six months, throe months of training the
20 new person and three months of continued salary.
21 Q So during the three months of training you were
22 actually working, continuing to work?
23 A Yes. I had -- no, I was consulting for them.
24 Q What made you think that two years was a
25 reasonable demand?
Page 46 -Page 49
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM
RICHARD BELIN
JULY 8. 2005
Page 50
Page 521
1 A Tough economy. 1 phone call to me.
2 Q And did Dr. Hallock say anything else in that 2 Q Okay. So your disagreement is that there was no
3 telephone conversation that you recall? 3 scheduled meeting?
4 A Just asked me what time I would be at the office. 4 A Correct. I had no expected time to come into the
5 Q Okay. And did you subsequently arrive at the 5 office on any given day.
6 office? 6 Q Did you have a regular time that you usually
7 A Correct. 7 arrived in the office?
8 Q What happened next? 8 A No, I did not.
9 A I went to my office, and in the office was Rick 9 Q You arrived at all different times in the
10 Hallock, a Candy Hoffman, and some HR consultant that I had 10 morning?
11 never met before. 11 A Yes, depending on my schedule.
12 Q What happened at that meeting? 12 Q And was there ever any expectation expressed to
13 A I was very pleasant. Rick Hallock gave me my 13 you about when the office opened or when you should be
14 termination letter, which he actually then took back and 14 there?
15 added a handwritten sentence on the bottom about continuing 15 A No.
16 health benefits. 16 Q Anything else in that paragraph?
17 Q Okay. 17 A Yes. The last sentence where it says Dr. Hallock
18 A Gave it back to me. Rick invited me to take my 18 informed me that it was -- that I was on speaker and that
19 personal effects out of the office. I said I had already 19 these other two people were present, I do not remember him
20 taken most of them except for my wall hangings. 20 saying that.
21 Q Okay. Do you recall any other statements made by 21 Q Okay. Is it possible that he said that and you
22 anybody in the room during that meeting? 22 just don't recall?
23 A Just introductions from the consultant to myself. 23 A No, because that's a heightened statement when
24 Q Was there any further discussion about a 24 you are put on a speakerphone.
25 severance package then? 25 Q So your recollection is that he did not say that?
Page 51
1 A Just what the term letter -- the termination
2 letter said.
3 MS. ALLEN: Okay. Can we mark this as the next
4 exhibit.
5 (Letter dated June 28, 2004 produced and marked
6 Exhibit Number 2.)
7 BY MS. ALLEN:
8 Q Mr. Belin, have you ever seen this document
9 before?
10 A I have.
11 Q And when did you first see it?
12 A As part of our discovery process.
13 Q Have you read through it?
14 A I have.
15 Q Okay. Is there anything in this -- at the top it
16 states that is a June 28, 2004 summary of the meeting that
17 took place on June 25, 2004.
18 Is there anything in this written summary that
19 you disagree with or believe is inaccurate?
20 A Several things.
21 Q Could you point those out for us, please?
22 A Well, start with paragraph one. The sentence
23 this meeting was scheduled to be held in the office. There
24 was no scheduled meeting. I didn't find out about the
25 meeting until Friday morning when Rick Hallock made his
Page 53
1 A Correct.
2 Q Okay. Anything else that you disagree with or
3 that you find inaccurate?
4 A Moving on to the second paragraph. Though it may
5 be a minor point, when it says it was agreed effective date
6 would be the end of June 25th, that -- it was never agreed.
7 My termination letter said June 24th, so that never
8 happened.
9 Q Well --
10 A Nor did Dr. Hallock reassure me that I would be
11 paid through the end of the day.
12 Q Well, let me just take the first thing first.
13 Were you told that the effective date would be June 25th or
14 a different date?
15 A I don't remember being told of an effective date
16 at all.
17 Q Okay.
18 A Just the date of the letter.
19 Q Verbally?
20 A Verbally, correct.
21 Q Okay. And did Dr. Hallock say anything to you
22 about being paid through the end of the day?
23 A Not that I recall.
24 Q Is it possible that be said that, and you just
25 don't recall?
Page 50 -Page 53
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN
Multi-Pap TM
JULY 9.2OU5
Page 54
1 A very unlikely.
2 Q Anything else in that paragraph that you find
3 inaccurate?
4 A Again, the -- this person references the June
5 25th, and that -- and that date is his official last date
6 of employment with oip. 1 don't remember that happening.
7 Q Is it possible that happened and you just don't
8 recall it, or do you have a distinct memory that did not
9 happen?
10 A Distinct memory it did not happen.
11 Q Okay. Okay. Anything else in that paragraph
12 that you disagree with?
13 A No.
14 Q How about the next one?
15 A I don't remember asking about the severance
16 package, whether or not it had been drafted. The second
17 sentence.
18 Q Okay. Let me stop you. Just one at a time.
19 A Okay.
20 Q Is it your testimony that you don't recall asking
21 about it, or that you know that you did not ask about it?
22 A I know that I didn't ask about it.
23 Q Is it possible that you asked about it on the
24 telephone, but not in the face-to-face meeting?
25 A That's possible.
Page 55
1 Q Okay. Anything else in that paragraph?
2 A The whole last sentence, I don't remember that I
3 expressed surprise without a negotiated severance package.
4 1 think that's inaccurate.
5 Q Do you recall making any comment about being
6 terminated without a negotiated severance package?
7 A No, and I did not say that I would expect to work
8 for a 90-day period. I offered to work for a 90-day
9 period.
10 Q Do you recall making that offer in the telephone
11 conversation or the face-to-face meeting?
12 A It was on the telephone conversation.
13 Q Okay. So if we change that sentence to say he
14 offered to work for a 90-day period through the rest of the
15 sentence, would you agree with that?
16 A If it's -- if it stopped there. I did not offer
17 the 90 days while we negotiated the separation agreement or
18 the -- well, I guess you just call it the agreement.
19 Q Okay. So your recollection is that you offered
20 to work for a 90-day period, period?
21 A Period, correct, correct.
22 Q All right. Is there anything else in this
23 summary that you find inaccurate?
24 A No.
25 Q Okay. Soother than the things that we have
Page 56
1 covered, you basically agree with the summary?
2 A Yes.
3 MS. ALLEN: Okay. Allright. Do you want to
4 take a five-minute break?
5 (Brief recess.)
6 MS. ALLEN: Three.
7 (Letter dated June 24, 2004 produced and marked
8 Exhibit Number 3.)
9 BY MS. ALLEN:
10 Q Okay. We're back on the record.
11 Mr. Belin, if you can look at the exhibit marked
12 No. 3.
13 Can you identify that as the letter that Dr.
14 Hallock gave you on June 25th?
15 A It is.
16 Q Okay. Did he make -- other than what you have
17 just testified to, did he make any other comments about
18 what is in the substance of this letter?
19 A No.
20 Q And you said that there was no discussion about
21 the effective date of your termination except what was in
22 the letter. So whether the effective date was June 24th or
23 June 25th, did you know as of at least June 25th, 2004 that
24 you were no longer an 01P employee?
25 A Yes.
Page 57
1 Q Okay. Other than what was -- than what you have
2 already testified to and what is in this letter, was there
3 any other discussion about a severance package or severance
4 pay?
5 A No.
6 Q Okay. Did Dr. Hallock hand this letter to you in
7 an envelope when you were meeting with him, or did you pick
8 it up from somebody else?
9 A He handed me just the letter.
10 Q Okay. Did you make any promises to O1P in
11 exchange for this letter?
12 A No.
13 Q Did you give ow anything of value in exchange
14 for this letter?
15 A No.
16 Q Did you sign any documents in exchange for this
17 letter?
18 A No.
19 Q Did you request that Dr. Hallock make the
20 handwritten addition?
21 A No.
22 Q Did he offer to do that?
23 A Yes.
24 Q And did you say that you would like him to do
25 that?
Page 54 -Page 57
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM
RICHARD BELIN
JULY 8, 2005
Page 58
1 A Yes.
2 Q Okay. After you had the meeting with the three
3 oIP representatives, what happened next that day?
4 A I -- well, I shook Rick Hallock's hand and left
5 and I went home.
6 Q Since that time, up until today, have you talked
7 with or met with or seen Dr. Hallock?
8 A No.
9 Q Since that time, up until today, have you talked
1o with or met with or seen any of the other physicians at
11 OIP?
12 A I had one conversation.
13 Q When was that?
14 A Late August.
15 Q Who was -- was that a telephone conversation?
16 A Correct.
17 Q Who was that with?
18 A Ron Lippe.
19 Q You said late August. Do you recall the
20 approximate date?
21 A No.
22 Q Would it have been after August 15th?
23 A I can't remember.
24 Q Would it have been after you received your first
25 check from oIP?
Page 59
1 A No.
2 Q It was before you received your first check?
3 A Yes. Connect.
4 Q Okay. Did you call Dr. Lippe or did he call you?
5 A He called me.
6 Q Okay. And what did you discuss?
7 A It was a personal phone call. He just asked how
8 I was doing and where I was.
9 Q What was your response?
10 A That I was in downtown Minneapolis job searching.
11 Q What was your response to how you were doing?
12 A Okay.
13 Q What else did you talk about?
14 A The only other thing was I said that I was
15 disappointed that I am downtown Minneapolis interviewing
16 for a j ob that will pay a lot less than I was making at
17 OIP.
18 Q What was Dr. Lippe's response?
19 A I don't remember.
20 Q Okay. Did you have any discussion of your
21 severance negotiations or the agreement with OIP?
22 A No.
23 Q Did you have any discussions about how much money
24 01P paid you either before or after your termination?
25 A No.
Page 60
1 Q Did you have any discussions about any continuing
2 benefits with 01P?
3 A No.
4 Q Did Dr. Lippe make any representations about
5 being song for the way things happened?
6 A No.
7 Q Okay. Were there any apologies exchanged by you
8 or by him?
9 A No.
10 Q Was this a cordial telephone call?
11 A Yes.
12 Q Did it end with you and Dr. Lippe on good terms?
13 A Yes.
14 Q Did you make any apologies for shouting at him in
15 the conversation on June 24th?
16 A No, I never shouted at him.
17 Q That was the conversation with Dr. Goltz?
18 A Goltz.
19 Q Am I pronouncing that correctly, Goltz?
20 A Goltz.
21 Q I will spell it out phonetically and I will say
22 it better.
23 Other than this telephone conversation with Dr.
24 Lippe, have you talked with any of the doctors at O1P since
25 June 25th, 2004?
Page 61
1 A No.
2 Q Have you talked with anybody else who represents
3 oIP other than myself since June 25th, 2004?
4 A Except for the Lippe conversation, no.
5 Q Have you had any conversations with Charles Linn?
6 A Oh, yes.
7 Q And can you identify Mr. Linn's role with o1P?
8 A He's -- was or maybe is their accountant.
9 Q Does he attend or did he attend meetings for OIP
10 when you were there?
11 A Not on a regular basis.
12 Q Occasional basis?
13 A Yes.
14 Q What was the -- your conversation with Mr. Linn?
15 A He asked me some general ledger-type questions.
16 Q Do you recall approximately when this happened?
17 A It would have been late July.
18 Q This was a phone conversation?
19 A Correct.
20 Q Did he call you or did you call him?
21 A He called me.
22 Q Was this before you received the severance
23 package from oIP?
24 A It was after I received the package.
25 Q Was it before you signed the agreement?
Page 58 -Page 61
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN Multi-Page
JULY 8, 2005
Page 62 Page 64
1 A Yes. 1 A No.
2 Q Did you have any discussion with Mr. Linn about 2 Q What is her role or was her role?
3 the severance package or your severance negotiations with 3 A She's a billing clerk.
4 OIP? 4 Q Okay. What was the substance of that
5 A About the package. 5 conversation?
6 Q What was said by you and by him? 6 A Cordial, friendship personal. _
7 A He commented that the $10,000 lump sum moving had 7 Q Was there any discussion of OIP business in that
8 to be taxable income to me. 8 conversation?
9 Q Did you ask him that question? 9 A No. No.
10 A No. 10 Q Did you make any comments to her about your
11 Q Okay. How did the package come up? Did you 11 termination or the negotiations with on
12 mention it? 12 A No.
13 A I don't remember who mentioned it. 13 Q Okay. Is that the only OIP staff person that you
14 Q Would Mr. Linn have had any way to know about it, 14 had contact with after your termination?
15 to your knowledge? 15 A Yes.
16 A They could have asked his advice, 01P would have. 16 Q Did you have any written correspondence with
17 Q But you just simply have no recollection as to 17 Candy Hoffman after you were terminated?
18 whether you brought it up or he brought it up? 18 A An email I believe.
19 A Correct. 19 Q Okay. What was the substance of that?
20 Q Did you make any comments about the amount of 20 A Requesting that she -- that she drop my short
21 severance offered to you? 21 term disability and made the -- put us on OIP's health
22 A We discussed it, because that's how the $10,000 22 plan.
23 moving thing came up. 23 MS. ALLEN: Okay. We will mark this as the next
24 Q Okay. What did you say to Mr. Linn about the 24 exhibit.
25 amount offered to you? 25 (Letter dated July 12, 2004 produced and marked
Page 63 Page 65
1 A I -- I think I told him that it was 46,667, plus 1 Exhibit Number 4.)
2 the 10,000 moving allowance. 2 BY MS. ALLEN:
3 Q Did you express any opinion to him about that? 3 Q Mr. Belin, can you identify Exhibit 4 as a letter
4 A I thought it was low. 4 and enclosure sent to you by Rick Hallock?
5 Q Did you say why? 5 A It is.
6 A Because my expectation was two years. 6 Q I direct your attention to the date on the
7 Q Did Mr. Linn have any comments on that? 7 letter. It says July 12, 2004. And if you will look on
8 A Not that I remember. 8 the last page of the enclosed agreement, there is a date of
9 Q Other than his comment about the moving expense 9 July 13, 2004 when Dr. Hallock signed the agreement.
10 amount being taxable, do you remember any comments that he 10 Is it fair to say that you received this
11 made during that phone call? 11 agreement via Federal Express on either July 19th or July
12 A No. 12 14, 2004?
13 Q Did you have any discussions with Mr. Linn about 13 A No.
14 other severance packages offered to other 01P employees? 14 Q When did you receive it?
15 A No, not that I remember. 15 A On or about July 20th.
16 Q And when you said that you thought that the 16 Q Did you receive it via Federal Express delivery?
17 severance offer was too low, was there any comment at all 17 A No.
18 from Mr. Linn that you recall? 18 Q How did you receive it?
19 A No. 19 A It went to our townhouse office where it sat for
20 Q Did you have any contact with any oIP staff after 20 the six days.
21 June 25, 2004? 21 Q Was it delivered by Federal Express to the
22 A Yes. 22 townhouse office?
23 Q With whom? 23 A Correct.
24 A Judy Wilfong. 24 Q Okay. And was that normal for it to be delivered
25 Q Is this the same Judy that you mentioned earlier? 25 to the townhouse office?
Page 62 -Page 65
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page RICHARD BELIN
JULY R- 2005
Page 66 Page 68
1 A If no one is home, I guess that's where they put 1 A No.
2 it. 2 Q Again, I don't want to know any discussions that
3 Q Were you out of town at this time? 3 you had with Mr. Strokoff, but you did take the package to
4 A I don't remember. 4 him for discussion, is that correct?
5 Q Would there be any reason that it would go to the 5 A Correct.
6 townhouse office if you weren't out of town? 6 Q Other than your wife and Mr. Strokoff, did you
7 A If you are not home during the day. 7 discuss this package with anyone else?
8 Q Was this true for any deliveries directly to your 8 A Just conversation with Charlie Linn.
9 townhouse, if you weren't home, would they go to the 9 Q Did you have a discussion with me about the
10 townhouse office? 10 package?
11 A Correct. 11 A I did.
12 Q And would the townhouse office notify you if 12 Q Okay. Do you recall the date of that?
13 there were packages waiting for you there? 13 A July 21st.
14 A Correct. 14 Q And was that by telephone?
15 Q Did they notify you in a timely way? 15 A Correct.
16 A No. 16 MR. STROKOFF: Before We get into that, I wonder
17 Q So is it your recollection that you were in town 17 if I could speak to counsel for a moment because there is a
18 and you just didn't receive notice of this for a week? 18 technical matter we ought to resolve?
19 A Correct. 19 MS. ALLEN: Slue.
20 Q Would you check periodically at the townhouse 20 (Witness confers with Mr. Strokoff off the
21 office to see if anything was waiting for you? 21 record.)
22 A Never occurred to us. 22 (Brief recess.)
23 Q Okay. So your recollection is that you received 23 MR. STROKOFF: I should say something for the
24 it on July 20th or around that date? 24 record. We took a break. I shared with Mr. Belin some
25 A Correct. 25 actual records in the file that I have with respect to my
Page 67 Page 69
1 Q Did you discuss this letter and enclosed 1 initial meeting with him that are dated -- three separate
2 agreement with anyone? 2 records, they all bear the same date. I showed that to
3 A Yes. 3 Mr. Belin. I think now he would like to correct testimony
4 Q Okay. And who did you discuss it with? 4 which he gave a few minutes ago.
5 A My wife. 5 BY MS. ALLEN:
6 Q Anyone else? 6 Q Okay. That's fine.
7 A My counsel. 7 A My first meeting with Elliot Strokoff was on July
8 Q I don't want to ask you what you discussed with 8 27th. It had been after I received the agreement.
9 your counsel. Who was your counsel at that time? 9 Q But your testimony that you took the package to
10 A Elliot Strokoff. 10 Mr. Strokoff for discussion is still correct?
11 Q Thank you. 11 A Correct.
12 Do you recall when you contacted him after you 12 Q What's your recollection of the telephone
13 received this? 13 conversation with me, between you and me on July 21st?
14 A I don't remember the date. 14 A I called you to verify the nature of the
15 Q Had you already met with Mr. Strokoff before you 15 agreement, to ask if I was to receive just the Pa
yments as
16 receive the package? 16 defined in the separation agreement or the payments plus my
17 A Yes. 17 current salary continuation.
18 Q Do you recall the date of your first meeting? 18 Q What's your recollection of my response?
19 A Late June, early July. 19 A Your response was just the payments per the
20 Q Did you meet with Mr. Strokoff before you were 20 separation agreement.
21 termi nated? 21 Q Did we have more than one telephone conversation?
22 A No. 22 A Yes.
23 Q So sometime after June 25th? 23 Q Do you remember when the second conversation was?
24 A Correct. 24 A It was a few days later. But I had fax'd you a
25 Q And had he been your counsel before that time? 25 copy of exhibit three because you hadn't seen this
Page 66 -Page 69
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN
Multi-Page"`
JULY 9.2UQ5
Page 70
l document.
2 Then I had asked you in that initial phone
3 conversation to verify with the O1P physicians that that
4 was their intent. So instead of just taking your word, I
5 asked you to follow up with the 01P physicians.
6 Q What's your recollection of that second
7 conversation?
8 A That you sent to me that the salary continuation
9 stops and I was to be paid to the separation agreement
10 generally.
11 Q Do you recall any other statements made by you or
12 by me during those two conversations?
13 A No.
14 Q So after the two conversations with me, what was
15 your understanding of what you would be paid if you signed
16 the agreement?
17 A I was expecting to receive the two lump sum
18 payments totaling 46,667, plus the 10,000 moving allowance,
19 minus appropriate taxes.
20 Ms. ALLEN: Just for the record, I am going to
21 make this the next exhibit.
22 (Separation agreement produced and marked Exhibit
23 Number 5.)
24 BY MS. ALLEN:
25 Q Can you identify Exhibit No. 5 as the agreement
Page 71
1 that you signed?
2 A It is.
3 Q And can you identify your signature and the date?
4 A They are correct.
5 Q Other than your signature and the date, is there
6 anything different about this agreement from the agreement
7 that Dr. Hallock sent you?
8 A Not that I see.
9 Q Well, let me rephrase it. Did you make any
10 changes to the agreement that you received before you
11 signed it?
12 A I did not.
13 Q Okay. Did you make in your request that the
14 agreement be changed before you signed it?
15 A I did not.
16 Q Okay. Once you signed this agreement, how did
17 you send it back to OIP or an 01P representative, do you
18 recall?
19 A My wife dropped it off to Candy Hoffman the next
20 morning, July 30th.
21 Q And when you were reviewing this agreement, did
22 you -- did you have a preference for being paid in two lump
23 sums or on regular payroll distribution days?
24 A I wanted the two lump sums.
25 Q Was there a reason that you preferred that?
Page 721
1 A We needed the money to relocate.
2 Q So you wanted the two lump sums so you could
3 receive the money sooner, is that correct?
4 A Correct. '
5 Q Would there have been any hardship to you if you
6 had received the payments on regular pay dates for the
7 four-month period?
8 A Yes.
9 Q What kind of hardship would that have been?
10 A We didn't have the money available to relocate.
11 Q Would there have been any hardship to you if you
12 had received all of the money in one lump sum ten days
13 after you signed it?
14 A No.
15 Q So the method of payment was not a concern as
16 long as you received the money as soon as possible, is that
17 correct?
18 A Correct.
19 Q And you understood when you signed the agreement
20 that this agreement was going to supersede any other
21 discussions or agreements that you had had with OIP,
22 correct?
23 A Correct.
24 Q You signed this art after you had met with
25 Mr. Strokoff, is that correct?
Page 73
1 A Correct.
2 MS. ALLEN: This will be the next exhibit.
3 (Plaintiffs response to request for admissions
4 produced and marked Exhibit Number 6.)
5 BY MS. ALLEN:
6 Q What I have handed you, Mr. Belin, is one of the
7 discovery pleadings in this case. It's plaintiffs response
8 to defendants first set of request for admissions.
9 Can you confirm that this is your verification at
10 the second to the last page from this document?
11 A Yes, it is.
12 Q Okay. And if you recall, when this request for
13 admissions was sent to your attorney, it had attached to it
14 several checks, copies of checks and some payment
15 documents; do you recall that?
16 A Yes.
17 Q Okay. Is it fair to say that you're not
18 disputing that you never received any of those payments,
19 you are not disputing that you did receive those payments,
20 correct?
21 MR. STROKOFF: We agree he received those
22 checks --
23 MS. ALLEN: Thank you.
24 MR. STROKOFF: Okay.
25 BY MS. ALLEN:
Page 70 -Page 73
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page RICHARD BELIN
lrlr_v A ?nns
Page 74 Page 76
1 Q On page one, the first page of the document, I 1 A I would guess it's less, but I don't know for
2 understand that, you know, you responded to this with the 2 sure.
3 assistance of an attorney, so I am not asking you any legal 3 Q Do you know how long she had held the position of
4 conclusions, can you explain why you believe that you were 4 practice administrator?
5 not an at will employee of oin 5 A Not -- she had been there in several positions I
6 A Because of the verbiage of the offer letter in 6 believe, so I don't know exactly how long that she had been
7 the fourteen month timeframe of that set for review and 7 the practice administrator.
8 renegotiation of my agreement. 8 Q Do you have any recollection of how long she had
9 Q So you -- so your understanding was that you were 9 been employed at oin
10 an employee for a term of fourteen months? 10 A It had been awhile, ten, twenty, thirty years,
1 I A Correct. 11 something like that.
12 Q Okay. Is your understanding that you were not an 12 Q And do you recall if she resigned or was
13 employee at will based on anything else? 13 terminated involuntarily?
14 A No. 14 A She resigned or slid over into another position.
15 Q By the way, when you moved from the Harrisburg 15 Q So when she left the practice administrative
16 area, do you recall when your wife finished her employment? 16 position, she was still employed at oiP?
17 A On or about September 30. 17 A Correct.
18 Q Okay. And that was with the same job that she 18 Q But she received separation wages at the time she
19 had held the whole time that you were in Harrisburg or 19 moved to the other position?
20 since September of 2003? 20 A It was my job to transition her from the new
21 A No, she had a job change. 21 position out of oiP.
22 Q Okay. When was that job change? 22 Q I am sorry, I misunderstood your previous
23 A I can't remember exactly when. 23 testimony.
24 Q Was it before you were terminated at oir 24 You negotiated separation wages for Carol when
25 A Yes. 25 she left oiP, but when she left oiP she was leaving a
Page 75 Page 77
1 Q Okay. Was it during the calendar year 2004? 1 position other than practice administrator?
2 A Probably. 2 A Correct.
3 Q And did she leave one job to take another job? 3 Q Do you recall what that other position was?
4 A Correct. 4 A There was no official title to it. She just had
5 Q Okay. If you will look on question No. 3, this 5 specific job responsibilities.
6 is the third page, under the answer, there is a statement 6 Q Was it a job that reported to you?
7 that says, second, Mr. Belin had entitlement under the 7 A I would say myself and another physician.
8 practice, policy and/or precedent of paying other employees 8 Q Was she -- did she resign or was she terminated
9 separation wages. Do you see that sentence? 9 involuntarily from this new position?
10 A I do. 10 A She resigned.
11 Q What do you know about a practice, policy or 11 Q Was there anyone else involved in negotiating the
12 precedent of OIP paying other employees separation wages? 12 separation wages with her for oiP besides you?
13 A In my tenure we negotiated same with a Carol -- I 13 A Not the negotiation process.
14 can't remember her last name. 14 Q Okay. Did you report to anybody about the
15 Q What washer position? 15 payment of separation wages to her?
16 A She was the previous practice administrator. 16 A It would have been blessed by the board of
17 Q She held your job before you came? 17 directors.
18 A Correct. 18 Q Do you believe that you reported it in a board of
19 Q Okay. And were you the OIP representative who 19 directors meeting or in written communication with them?
20 negotiated that separation? 20 A I would have -- guess it would have been in a
21 A Yes. 21 board meeting, but I don't remember exactly.
22 Q Do you recall what the terms were for her? 22 Q Do you recall specifically who blessed this
23 A I don't remember what she received. 23 separation payment?
24 Q Do you recall if she received more or less than 24 A No, I don't.
,25 four months severance pay? 25 Q Do you know where this employee, this former
Page 74 -Page 77
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
RICHARD BELIN.
Multi-Page TM
JULY 8, 2005
Page 78
1 employee is right now?
2 A I do not.
3 Q Do you know if she was going to another job when
4 she left oIP?
5 A I do not know.
6 Q And do you have any recollection of when she left
7 OIP?
8 A Two months after I started maybe, at the most.
9 Q Okay. What other information do you have about a
10 practice, policy or precedent of oIP paying other employees
11 separation wages?
12 A As I said to counsel, I believe their former
13 accountant was offered something on his departure from oIP.
14 Q This was an employed accountant?
15 A Correct.
16 Q And I apologize if I am going over ground we
17 covered at the beginning of your deposition, but I just
18 want to be sure I get this. Do you recall when that
19 accountant left?
20 A Right before I started.
21 Q Did you actually negotiate the separation wages
22 for him?
23 A I did not.
24 Q The accountant's name was?
25 A Glenn -- boy, I want to say Hartman.
Page 79
1 Q And do you recall approximately how much -- this
2 I do remember we did cover, you said it was three -- strike
3 that.
Page 80
1 Q And when you say severance payments were often
2 made to former employees, other than Carol and Glenn, are
3 there any other employees that you're aware of whom
4 severance payments were made?
5 A No.
6 Q So often in your mind translates to two?
7 A Oh, it's verbiage I guess.
8 Q Okay. And is it fair to say that you have no
9 knowledge of a written policy concerning severance pay at
10 UP?
11 A Correct.
12 Q The next sentence, Mr. Belin, oIP's former
13 accountant and oIP former administrator have personal
14 knowledge of these severance payments to others.
15 Again, that's a reference to the three people
16 that we have -- you have just testified about, is that
17 correct?
18 A Correct.
19 Q Give me just a minute, please.
20 Okay. I just have a couple of wrap-up questions.
21 Other than what we have already discussed in your
22 testimony, have you had any other communications with oIP
23 employees, agents or representatives since June 25, 2004?
24 A No.
25 Q And other than what you have already testified
Page 81
1 to, have you had any other discussions with oIP employees,
2 agents or representatives regarding a severance pay policy
3 or practice?
4 Do you recall how much the separation wages were 4 A No.
5 for Mr. Hartman?
6 A Do not know.
7 Q Do you recall if it was more or less than four 7
8 months salary? 8
9 A I wouldn't -- I wouldn't know. 9
10 Q Okay. Do you have any other facts on which you 10
11 base this statement about an entitlement under the 11
12 practice, policy or precedent of paying other employees 12
13 separation wages? 13
14 A No, I don't. 14
15 Q Were there ever any comments made to you by 15
16 anyone representing oIP before June 25, 2004 that you would 16
17 receive severance pay when you left oIP or that oIP had a 17
18 practice of offering severance pay to employees who left? 18
19 A No. 19
20 Q Okay. If you will look on the next page, 20
21 question four, and your answer. Plaintiff is aware that 21
22 severance payments were often made to former employees, but 22
23 does not know if this was done in a written policy. Do you 23
24 see that sentence? 24
25 A I do. 25
5 MS. ALLEN: Okay. That's all I have. Did you
6 have any you wanted to ask? Do you want to ask any
questions today?
MR moKOFF: Not of Mr. Belin.
(Whereupon, the deposition was concluded at
10:41 a.m.)
Page 78 -Page 81
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM RICHARD BELIN
nn_v R 12nns
Page 82
1 COUNTY OF DAUPHIN
2 : SS
3 COMMONWEALTH OF PENNSYLVANIA :
4 I, Maria N. O'Donnell, a Notary Public, authorized to
5 administer oaths within and for the Commonwealth of
6 Pennsylvania, do hereby certify that the foregoing is the
7 testimony of RICHARD sELIN.
8 I further certify that before the taking of said
9 deposition, the witness was duly sworn; that the questions
10 and answers were taken down stenographically by the said
11 Reporter-Notary Public, and afterwards reduced to
12 typewriting under the direction of the said Reporter.
13 1 further certify the said deposition was taken at
14 the time and place specified in the caption sheet hereof.
15 1 further certify that I am not a relative or
16 employee or attorney or counsel to any of the parties, or a
17 relative or employee of such attorney or counsel, or
18 financially interested directly or indirectly in this
19 action.
20 I further certify the said deposition constitutes
21 a true record of the testimony given by the said witness.
22 IN WITNESS WHEREOF, I have hereunto set my hand
23 this 13TH day of AUGUST, 2005.
24 Maria N. O'Doom , RPR
25 Notary Public
Page 82 -Page 82
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
b r,
CE]V EDr ?E;p C jj t?
9ELIN V OIP
. APTION
RICHARD BELIN
NAME OF DEPONENT
ERRATA
JULY 8. 2005
DATE OF DEPOSITION
MARIA N. O'DONNELL. RPR
REPORTER
I hereby certify that I have read the foregoing deposition and that, to the best of my knowledge, it
is true and correct (With the exception of the following correction):
PAGE LINE CORRECTION
13 D,'fE- (.vim TU1„ ?ooz-
?2 A4. f, ? Lo R-- %1/o " '113 er 0.?
d
0 '
76 '4c'a 3K
u Lfo
DATE
DATE
a
SIGNATURE OF DEPONENT
Nfty Pdit
Mho
w Cum EXOM dw 31, 3M
AA1.IITT BALOQ, M.D.
RICHARD J. BOAL, M.D. ORMORY X. HArMS, M.D.,
ROBERT K.DA OM M.D. ' ROBERT A'rArMDA, D:O;, F:A.r.? ,
STL'PI>ET{ W DAgLP, M D. RONALD W. Lmliml.M.D., F.A.G
WUJ.JAM W..DeMUTH, M.D., PJLC.S. JASOrf J;UmN, M.D.. '
JOHTI R F$Ai U=n, MD.,_F.JUC.S. WII.IdAF! J OLJ?CtIECK JR., M.D.
CU8TT5'A QOL1Zr.D.O. MVmT-R.RUBBO;•M.D:•
a. RICHARD H. HIMIX) S, M13, ORF ENZI ?II VOTE STEAM B. WOLF..-Mil,
THOMAS J. YUCHA,-MD.
7mVRN0NE:-(7.17) 761-5530 •(800) .834-4020 ' : i ' :-FAX:'.(71'7).757-7197 .www.ottholnstfhitepipa.
June 2i;, 2003 ,
Richird Belk,
2150 ] ey]ai1c1-Trail " .
M?nneagolis, NN 5S125 . '
Dear Rie,'_
'brfhopedic hnstitirte of Pennsylvania (OIP).would ldce too .'
Pfactice. Adplirus'tiator: This - is flex you fhb position"of
is a full : ne' exemlrt position and is contingent on*receivmg
favorable information from.-)rour-previolLt employer:In tliis'positiori, you;will report .
2 dhicfly'tolhe BQ d.of Dkectars"of UIP_ :Your stai# dates with OIP wild be btvu?ee3?.Ju1
4 .2Q03. 116- y;
Auuixst. actiial start date wM lie de le inecrby your availability
and housiu arm 6MLents:
' Your abnpalized base salary wMbe'1O,-0IYO. 113is will
be paid ouf consistent with OIP's
pa3'mll_piactices: .: v
A retention boniis,•o$15,Q00 will be paid out at.14'ipaoritli?s cgntirigent
continued: einplbyment with 01P' and upon your.....
: ory. J. parf0r33an0..
ThE a $Onus will be paid out atthe dismretiom of the Board of Dkectors' 1l e - '
contingent upgn.contui*'and' S"filotmly job,per? xmance and ;will be '
:following based on the
'.$10, 000 for .a -5%. decrease. in variable overhead. a : J
XPenses
. '..
$1 S,000.for 'a .10•/° deerease• m variable overhead expenses
,. $20;000 for°1% o decrease m
aaziable'over, iead e xpenses
A one trine oving/relocation.allawance•of $-10;000 will lie extended to you_to assist m
relocation px?enses and temporary living arrangen?enfs.
•' = , y: _ '' EXHIBIT
• • • DRMOFMM 5EnM=P S. LTD. ..
'ADDRESS ALL CO. RRES
FOrfDEMCE TO: 875 POPLAR.'ROM, CAMP HILL, PA 170i1
CAMP HILL OFFICE . HARRISI;L7RO OFFICE CAMF HILL OFFICE .
. 3916 TRMLE.RD. 450 POWERS AVE.. 890 $ERSHEY OFFICE CRMP.HILL OFFICE'
POPLAR CHURCH RD., =-. 108 - 32 lYORTAF,A,gT DR, STE. 201. 875 POPLAR CHURCHBD. -
You will be entitled to participate •iit'02's sfandard ;benefit prograrims as available based-.
on your. start •dal-e. The details of these programs will be reviewed with you yo dining 3'our.: • ..
orientation. -You will be entitled'to- faur week 'vacation beginning January 1, 2004. 'You.
are entitled to a prorated vacation schedule oftwo'weeks vacation based-on-your start '
date for the remainder of 2003,
` 'lease indicate your aeeptaucp of this offer by signing and, returning'a.copy of this letter.
If you have any questions or need more information; Please contact myself or Mary
Tth# g
All niembeas of the:OlP staffwould life to welcome ... .
you . to our team and we are looking
forward' to your leadership role with the. boanpany. ;
Sincerely,. : :.
'Jobe NID
I t the t=w and. condidbvs'of this offer j
• - letter.
-
27 o 13
Richard Belm - ate
lP_
Tangible HR and Marketing Solutions
June 28, 2004
Meeting Summary between Orthopedic Institute Of Pennsylvania (01P) and Rick Belie
June 25, 2004 _
Attending the meeting were Dr. Richard H. Hallock, M.D., Candy Hoffman, H.R.
Representative, and James H. Honafius, H.R. Consultant, The Lytle Group.
The meeting was scheduled to be held in the office of Mr. Belin between 8:00 and 8:30 a.m.,
however as he did not arrive at his office at the expected time Dr. Hallock decided to contact
him by telephone. The office telephone was on speaker and Dr. Hallock informed Mr. Belin at
the beginning of the call of the presence of Mrs. Hoffman and Mr. Honafius.
Dr. Hallock stated that the relationship between OIP and Mr. Belin is not working out and not
productive for either party. Consequently Dr. Hallock informed Mr. Belie that his services are
terminated. It was agreed that the effective date would be the end of the day of June 25, 2004.
Dr. Hallock reassured b&. Belin that he would be paid through the end of the day Friday, June
25, 2004. Dr. Hallock stated that a severance package would be prepared and presented to Mr.
Belie. Dr. Hallock told Mr. Belin that OlP recognizes his financial situation, will not leave
him without an income stream. However, Mr. Berlin is officially terminated as of Friday, June
25, 2004, and that date is his official last day of employment with OIP. Dr. Hallock requested
that Mr. Belin stop by the office to turn in his keys, cell phone, beeper, and provide OIP with
his computer pass words.
Mr. Belin inquired whether a severance package had been drafted. He stated that he is
requesting a two year severance package because of the poor economy and that he recognizes
the length of time it takes to find other employment Mr. Belin expressed surprise at being
terminated without a negotiated severance package and stated that even though the parties can
agree to disagree on issues, he would expect to work for a 90 day period during which time an
agreement would be negotiated as to the terms of his separation.
Dr. Hallock stated that arrangement would not work, that a- severance agreement can be
negotiated but that the termination is not contingent upon a severance package. In addition
Mr. Belin's compensation will continue by a regular paycheck until a severance package is
negotiated, but a finite period will be established on the length of the negotiation period ('This
finite period has been defined as a three month period in the termination letter).
EXHIBIT
15 S. Montgomery Street ? Hollidaysburg, PA 16648 ? (814) 695-1147? Fax. (814) 696-1156
LYGIL'_
Tangible HR and Marketing Solutions
The telephone call concluded with the understanding that Mr. Belin was within a fifteen
minute drive of the office and would arrive there within that period of time.
Mr. Belin arrived at the office sometime after 9:00 a.m. and tamed in his keys, cell phone,
and beeper, and provided Candy Hoffman with his computer pass words - `Snoopy' and
`Cherokee'. Dr. Hallock gave Mr. Belin the termination letter and added in writing to the
letter medical and other insurance benefits to be covered during the three month period.
Mr. Belin removed his personal effects which included pictures from the wall. He commented
that he removed most of his personal effects three weeks ago when he felt his job was in
jeopardy. He then left the building.
Dr. Hallock met with the department managers and subsequently held a meeting with all the
employees at the Poplar Church Road office to inform them that Mr. Belin was no longer a
member of the OIP group. He then traveled to the other offices to inform those employees of
that information.
Respectfully submitted,
i t
J es H. Hona$
e7;onal Mang of HR Services
The Lytle Group
2
. `.
15 S. Montgomery Street 0 Hollidaysburg, PA 16648 0 (814) 695-1147+ Fax: (814) 696-1156
08/31/2004 12:26 FA-1 9524756473 CORP CONTROLLER DIV 1 2002/002
SAL rBALOG, M.D.
MCMUM J. BOAL, M.D.
RAYMORD L DAM, D.O.
R XS=r R. Dh IMM. MJ3.
STEPtR:fi W. DA=, M.D.
WILIIAH W. DamM MD., F.A.C.S.
JOtM R. FRAMWff 1, M.D., FRCS.
CXZM A. OOL7Z. D.O.
19
OR-rHOPEDIC n4sTnVTE
OF FENNSYLVANLk
RICMQZ •i M UXX: , M.D.
ROBERTOFiERQOWA. II rMx0.. MAL
. a, FC.OS.
RO ALD W. U1PPE. M.D., PACE.
JASON 1. UTr L M.D.
WMJJAM J. P-01 ACHEM JR.. M.D.
ERMLSGR R IBBO, MD.
STEVEPr B. WOLF, M.D.
TMOMA:.J, YUCMA, MZX
TELEPHONE: (717) 761.5530
June 24, 2004
Dear Mr. Belin:
EXHIBIT
This will serve as your notix of termination from the Orthopedic Institute of
Pennsylvania, effective June 24, 2004.
You will continue to receive your regular compensation package for a period of three
months during which time we will finalize a severance package.
You are welcome to remove any personal effects from yotw office. We will need yot. to
rgtm,A any keys. .cell phone, pager, credit card and any other property of the Orthopedic
bAitute of Pennsylvania. We also request that you provide us any passwords and other
privileged infonrnation, which you have regarding our financial statements.
Sincerely,
(80C) 834-4020 . FAX: (717) 737-7197 . WWW.oip.COm
Richard H. Hallock, AD.
`-? 7---o
/Z9, . Z' - /Z? 7 lel-+ /
,ell
ORMOPMIC'OR=)M' LTD.
ADDRE85 ALL CORRESPOrMENCE TO: 875 POPLAR CHUR01 ROAD, CAMP 1ULL, PA 17011
CAMP RILL O1FPIL'L rL42 H BURG (WrICE CAMI• BILL GMCZ 71xxS74$Y OMCE CAMP RILL OPITCS
BAL= BALOQ, MA.
MCFAABD,L BGAL, M.D.
RAYMOND M D MU. D.O.
ROB= R DMRWS, M.D.
STEPHl:79 W. DARZSY, MM.
MUM W. DFMITIYL M.D., FAGS.
JOHN R. FBA U=ff z M.D., FAG&
aMM A OOLTZ, D.O.
IP'
ORTI-lormIC n4sirr rE
OF PEZZgs LVANZp,
TELEMOM (717) 761-5530
Via Federal Express
Richard Belie
6625 Terrace Way
Harrisburg PA 17111
Dear Rick
• (800) 834-4020
July 12, 2004
Attached for your consideration are duplicate originals of a Separation Agreement and
General Release concerning your separation from employment with Orthopedic Institute
of Pennsylvania.. If you choose to sign this agreement, you Will (1) be provided with
certain benefits that you are not otherwise entitled to, and (2) be giving up your right to
file any and all legal claims against OIP.
The terms set forth in the Agreement will remain open to you untl August 6, 2004.
During this period, we recommend that you consult an attorney regarding your legal
rights-and obligations as provided in the Agreement
If you decide to sign. the Agreement, you will be given a 'seven (7) day period.
following the date of your signature in which you may revoke the Agreement If you
decide to revoke the Agreement ding this 7-day period, it will not be effective or
enforceable against you. 4 on the other hand, you decide to sign the Agreement and do
not revoke your signature within seven days, the Agreement will be final and binding.
If you decide to accept the terms of the Agreement, you should sign both originals and
return them to our legal counsel on this matter, Katherine M. Allen, Esquire, McQuaide
Blasko, 811 University Drive, State College, PA 16801 by August 6, 2004.
If you or your attorney have any questions or need any additional information, please
contact Ms. Allen directly at (814) 238-4926. .
Sincerely,
Richard H. Hallock, M.D.
RHHIIh
Enclosures
ONMF-'= 3OR?SO= LTD.
ADDRESS ALL C.ORRESPOND=1CE TO: 875 POPLAR CM Ma' ROAD, CAMP ML, FA 17011
Ce""17 BILL nFFIr F. rANnTCxrMr, C pmr,R ran AITT . ?...
RIM&M tL fW1.OM M.D.
CsMOORY A. MVM, M.D.
R03W R. Kemak D.O., FAGO.S.
RONALD W. LE M M.D., FRGS.
JASON J. IITI rL M.D.
WILLIAM J. POIACta, JR, M.D.
ZEN= R RUBBO, M.D.
STL M B. WOLr; M.D.
THOMAS J. YUCUA, M.D.
FAX (717) 737-7197 www.oip.com
i
EXHIBIT
SEPARATION AGREEMENT AND GENERAL RY E,e, sF
This SEPARATION AGREEMENT AND GENERAL RELEASE is made by and
between. ORTHOPEDIC INSTITITTE OF PENNSYLVANIA, a Pennsylvania corporation with
its principal place of business in Harrisburg, Pennsylvania ("OIP'), and RICHARD BELIN, of
(_??-f-?- nj? Li rrighu. Pennsylvania ("Mr. Be&D.
The parties identified above mutually desire to enter into this Separation Agreement and
General Release and hereby state the following:
WHEREAS, Mr. Berm was employed by OIP as practice Adrr,kLIrator,
. WHEREAS, Mr. Belie was terminated from his employment with OIP effective June
2-S , 2004;
WHEREAS, OIP and Mr. Befin desire to agree to certain severance terms and put to rest
any and all potential claims which Mr. Belin may have against GIP or its officers, agents or '
employees.
NOW TH$REFORE, for and in consideration of the mutual promises set forth below, and
intending to be legally bound thereby, the parties covenant and agree as follows.
1. OIP will provide Mr. Belin with severance pay in an amount equal to four months
salary. It is agreed that the gross amount of said payment will be $ 14 t6, 6 (a 7. co
from which OIP will make standard payroll deductions.
2. OIP. will also make a Inmp sum payment of $10,000 to Mr. Belin to cover
reasonable relocation expenses incurred by hint'
3. The payments set forth in paragraphs (1) and (2) will be made in two equal
installments via check forwarded to Mr. Belin or his designated attorney. The first payment will
be mailed within, fourteen (14) business days after 01? (or its attorney) receives a signed original
of this Agreement: The second payment will be made within thirty (30) days after the first
payment
4. Mr. Beim will have such rights to continued health insurance coverage as are
provided by COBRA. For the period of four months following his termination date, OlP will pay
the full cost of continued health insurance coverage as required under COBRA and as elected by
Mr. Belie.
5. Mr. Belin agrees that he will, keep the terms of this Agreement completely
confidential except for (a) any disclosure required by law or in connection with legal proceedings
between the parties, or (b) disclose by Mr. Belies to members of his n,=e .iate fanny or, to his
attorneys, accountants or tax advisors. The parties acknowledge that this confidentiality
provision is a material term of this Agreement and that any breach of this provision will constitute
cause for OlP to terminate the severance pay and benefits described in paragraphs 1, 2 and 4
above and to otherwise regard this Agreement to have been materially breached_
6. Mr. Belie represents that he has not filed any complaints, charges or claims against
OlP with any local, state or federal agency or court, including the Equal Employment Opportuni
Commission and the Pennsylvania. Human Relations Commission, that he will not do so at any
time hereafter with respect to any matter included within the general release set forth in paragraph
8 below, and that if any such agency or court assumes jurisdiction of any such complaint, charge
or claim against OIP on behalf of Mr. Belie, he will request the agency or court to withdraw from
the matter.
7. The previous paragraph does not preclude Aft. Belin from fling a claim for
unemployment compensation if he is unemployed on or after his termination. OIP will not contest
Mr. Belin's eligibility for unemployment compensation benefits.
8. As a material inducement to OIP to enter into this Agreement, I& Belin hereby
irrevocably and unconditionally releases, acquits and forever discharges OIP and each of its
officers, agents, employees, representatives, attorneys, affiliates, successors and assigns, and all
persons acting by, through, under or in concert with any of them (collectively "OI F% from any
and all complaints, claims, liabilities, obligations, promises, agreements, causes of action, suits,
rights, demands, costs, losses, debts and expenses C=huling attorneys' fees and costs actually
inured), arising prior to the execution of this Agreement and excepting only those rigbts
specifically granted to Mr. Belin herein. This Release includes any and all claims under Title VII
of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Pennsylvania Human Relations
Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Wage
Payment and Collection_Law, any and all claims for defamation or other personalmJurY, any and
all claims for breach of contract and any and all other claims under any other provision of federal,
state or local law.
-2-
For the purpose of implementing a full and complete release and discharge of OIP, Mr.
.,Belie expressly acknowledges that this Release is intended to include in its effect, without
limitation, all claims which have accrued as of his execu~ on of this Agreement, including claims
which he does not know or suspect to exist in his favor, and further acknowledges that this
Release contemplates the 1,n,Pnt-of any such claim or claims.
9. Mr. Belie certif ies that he has carefully read and fully „nd and all the
.provisions of this Agreement; that he has been advised in writing to consult with an attorney
regarding this Agreement; that he has had the opportunity to consider this Agreement for a period
of at least twenty-one (21) days prior to execution; that he may, at his sole election, choose to
waive the full twenty-one (21) day period and sign this Agreement prior to its expiration; and that
he may revoke this Agreement within seven ('n days of sin mg it.
10. Mr. Belin further certifies that he is voluntarily entering into this Agreement and
that neither OIP nor its officers, agents, employees or attorneys have made any representations
concerning the terms, conditions or effects of this Agreement other than those contained herein.
11. The parties acknowledge that the sole purpose of this Agreement is to amicably
effectuate severance tens for Mr. BeHn. and put to rest any potential disputes or claims that
might otherwise arise between them. Therefore, it is expressly acknowledged that this Agreement
does not constitute nor should it be construed to constitute an admission by OIP of any act of
impropriety or wrongdoing, or any breach of an obligation of any kind to Mr. Belie.
12.. Sioularly, the parties acknowledge that this Agre eme I does not constitute nor
should it be construed to constitute an admission by Mr. Belie of any act of impropriety or
wrongdoing, or of any breach of an obligation of any kind to OIP.
i
13. This Agreement may be revoked by Mr. Belin by providing written notice of
revocation within seven (7) days of his execution hereof Notice of revocation should be send to
Katherine M. Allen, Esquire, McQuaide Blasko, 811 University Drive, State College, PA 16801.
14. This Agreement constitutes the sole understanding of the parties hereto and
supersedes any prior or contemporaneous agreements or understandings, whether written or oral,
respecting the subject matters addressed herein
15. This Agreement cannot be modified, altered or changed, except under express
written consent of both parties in a document that explicitly refers to this Agreement-
-3 -
16. The parties intend and agree that this Separation Agreement and. General Release
shall be binding on and inure to the benefit of their respective heirs, successors and assigns.
17. This Agreement shah be governed by and construed in accordance with the laws of
the Commonwealth ofPesmsylvank
18. If any rovision of this Separation
P Agreement and. General Release is found to be
unenforceable or in violation of law, the remaining provisions shall remain in full force and effect,
provided however, that if the general release set forth herein is found to be unenforceable or in
violation of law, this entire Separation Agreement and General Release shall be mill and void.
IN WITNESS WHEREOF, the parties have set their bands and seals the day and year set
forth below.
ATTEST: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
By:
Executed on , 2004
WITNESS:
[SEAL]
RICHARD BELIN
Executed on - .2004
-CM+1P®OCSMOCMM2U5562M
-4-
. SEPARATION AGREEMENT AND GENERAL RELEASE
This SEPARATION AGREEMENT AND GENERAL RELEASE is made by and
between ORTHOPEDIC INSTITUTE OF PENNSYLVANIA, a Pennsylvania corporation with
its principal place of business in Harrisburg, Pennsylvania ("OIP"), and RICHARD BELIN, of
V 646-t'errnro ?NA L 140LrrriShuj-o , Pennsylvania ("Mr. Belie).
The parties identified above mutually desire to enter into this Separation Agreement and
General Release and hereby state the following:
WHEREAS, Mr. Belin was employed by OIP as Practice Administrator;
WHEREAS, Mr. Belin was terminated from his employment with OIP effective June
25 , 2004;
WHEREAS, OIP and Mr. Belin desire to agree to certain severance terms and put to rest
any and all potential claims which Mr. Belin may have against OIP or its officers, agents or
employees.
NOW THEREFORE, for and in consideration of the mutual promises set forth below, and
intending to be legally bound thereby, the parties covenant and agree as follows:
1. OIP will provide Mr. Belin with severance pay in an amount equal to four months
salary. It is agreed that the gross amount of said payment will be$ ?-Ilo to?'1, co
from which OIP will make standard payroll deductions.
2. OIP will also make a lump sum payment of $10,000 to Mr. Belin to cover
reasonable relocation expenses incurred by him
3. The payments set forth in paragraphs (1) and (2) will be made in two equal
installments via check forwarded to Mr. Belin or his designated attorney. The first payment will
be mailed within fourteen (14) business days after OIP (or its attorney) receives a signed original
of this Agreement. The second payment will be made within thirty (30) days after the first
payment.
4. Mr. Belin will have such rights to continued health insurance coverage as are
provided by COBRA. For the period of four months following his termination date, OIP will pay
the full cost of continued health insurance coverage as required under COBRA and as elected by
Mr. Belin.
EXHIBIT
5. Mr. Belin agrees that he will keep the terms of this Agreement completely
confidential except for (a) any disclosure required by law or in connection with legal proceedings
between the parties, or (b) disclosure by Mr. Belin to members of his immediate family or to his
attorneys, accountants or tax advisors. The parties acknowledge that this confidentiality
provision is a material term of this Agreement and that any breach of this provision will constitute
cause for OIP to terminate the severance pay and benefits described in paragraphs 1, 2 and 4
above and to otherwise regard this Agreement to have been materially breached.
6. Mr. Belin represents that he has not filed any complaints, charges or claims against
OIP with any local, state or federal agency or court, including the Equal Employment Opportunity
Commission and the Pennsylvania Human Relations Commission, that he will not do so at any
time hereafter with respect to any matter included within the general release set forth in paragraph
8 below, and that if any such agency or court, assumes jurisdiction of any such complaint, charge
or claim against OIP on behalf of Mr. Belin, he will request the agency or court to withdraw from
the matter.
7. The previous paragraph does not preclude Mr. Belin from filing a claim for
unemployment compensation if he is unemployed on or after his termination. OIP will not contest
Mr. Belin's eligibility for unemployment compensation benefits.
8. As a material inducement to OIP to enter into this Agreement, Mr. Belin hereby
irrevocably and unconditionally releases, acquits and forever discharges OIP and each of its
officers, agents, employees, representatives, attorneys, affiliates, successors and assigns, and all
persons acting by, through, under or in concert with any of them (collectively "OIP'), from any
and all complaints, claims, liabilities, obligations, promises, agreements, causes of action, suits,
rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually
incurred), arising prior to the execution of this Agreement and excepting only those rights
specifically granted to Mr. Belin herein. This Release includes any and all claims under Title VII
of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Pennsylvania Human Relations
Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Wage
Payment and Collection Law, any and all claims for defamation or other personal injury, any and
all claims for breach of contract and any and all other claims under any other provision of federal,
state or local law.
-2-
For the purpose of implementing a full and complete release and discharge of OIP, Mr.
Belin expressly acknowledges that this Release is intended to include in its effect, without
limitation, all claims which have accrued as of his execution of this Agreement, including claims
which he does not know or suspect to exist in his favor, and further acknowledges that this
Release contemplates the extinguishment of any such claim or claims.
9. Mr. Belin certifies that he has carefully read and fully understands all the
provisions of this Agreement; that he has been advised in writing to consult with an attorney
regarding this Agreement; that he has had the opportunity to consider this Agreement for a period
of at least twenty-one (21) days prior to execution; that he may, at his sole election, choose to
waive the full twenty-one (21) day period and sign this Agreement prior to its expiration; and that
he may revoke this Agreement within seven (7) days of signing it.
10. Mr. Belin further certifies that he is voluntarily entering into this Agreement and
that neither OIP nor its officers, agents, employees or attorneys have made any representations
concerning the terms, conditions or effects of this Agreement other than those contained herein.
11. The parties acknowledge that the sole purpose of this Agreement is to amicably
effectuate severance terms for Mr. Belin and put to rest any potential disputes or claims that
might otherwise arise between them. Therefore, it is expressly acknowledged that this Agreement
does not constitute nor should it be construed to constitute an admission by OIP of any act of
impropriety or wrongdoing, or any breach of an obligation of any kind to Mr. Beim.
12. Similarly, the parties acknowledge that this Agreement does not constitute nor
should it be construed to constitute an admission by Mr. Belin of any act of impropriety or
wrongdoing, or of any breach of an obligation of any kind to OIP.
13. This Agreement may be revoked by Mr. Belin by providing written notice of
revocation within seven (7) days of his execution hereof. Notice of revocation should be send to
Katherine M. Allen, Esquire, McQuaide Blasko, 811 University Drive, State College, PA 16801.
14. This Agreement constitutes the sole understanding of the parties hereto and
supersedes any prior or contemporaneous agreements or understandings, whether written or oral,
respecting the subject matters addressed herein.
15. This Agreement cannot be modified, altered or changed, except under express
written consent of both parties in a document that explicitly refers to this Agreement.
-3-
16. The parties intend and agree that this Separation Agreement and General Release
shall be binding on and inure to the benefit of their respective heirs, successors and assigns.
17. This Agreement shall be governed by and construed in accordance with the laws of
the Commonwealth of Pennsylvania.
18. If any provision of this Separation Agreement and General Release is found to be
unenforceable or in violation of law, the remaining provisions shall remain in full force and effect,
provided however, that if the general release set forth herein is found to be unenforceable or in
violation of law, this entire Separation Agreement and General Release shall be null and void.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year set
forth below.
ATTEST: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
?t- rt Q By:
44 la2
Rithltrd H. H& 11 ac.z
Executed on .7 2004
RICHARD BELIN
Executed on 2004
::0DMATCD0CSID0CSI182U55628\3
-4-
RICHARD BELIN,
Plaintiff
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5953-Civil Term
JURY TRIAL DEMANDED
PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST SET OF REQUESTS
FOR ADMISSIONS WITH CORRESPONDING INTERROGATORIES AND
REQUEST FOR PRODUCTION OF DOCUMENTS FOR ANSWER BY PLAINTIFF
1. Plaintiff was employed by Defendant as an at-will
employee.
RESPONSE:
Denied.
(a) Interrogatory No. 1: If the response to Request for
Admission No. 1 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
Mr. Belin was provided with a contract of employment dated
June 23, 2003 and further provided the additional
consideration of moving himself and his family to the
Harrisburg area.
(b) Request for Production of Documents No. 1: If your
answer to the above Request for Admission No. 1 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response.
ANSWER: EXHIBIT
June 23, 2003 letter from Dr. Frankeny to Mr. Belin
2. Defendant terminated Plaintiff's employment
effective June 25, 2004.
RESPONSE:
Denied.
(a) Interrogatory No. 2: If the response to Request for
Admission No. 2 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
Plaintiff's employment was terminated on June 24, 2004.
Mr. Belin and Dr. Hallock have personal knowledge of this.
(b) Request for Production of Documents No. 2: If your
answer to the above Request for Admission No. 2 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response.
ANSWER:
June 24, 2004 letter from Dr. Hallock to Mr. Belin.
3. Prior to his termination, Plaintiff had no contractual
right to severance pay upon his termination from Orthopedic
Institute of Pennsylvania ("OIP").
RESPONSE:
Denied.
(a) Interrogatory No. 3: If the response to Request for
Admission No. 3 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot
be admitted as true; (2) the names of witnesses who
have personal knowledge concerning same; and (3) the
specific identity of documents upon which you base your
contention that the above statement cannot be admitted
as true.
ANSWER:
First, Mr. Belin had contractual rights under the June 23,
2003 employment contract. Second, Mr. Belin had
entitlement under the practice, policy and/or precedent of
paying other employees separation wages. Finally, on June
24, 2004 Mr. Belin was provided with a letter stating, "You
will continue to receive your regular compensation package
for a period of three months during which time we will
finalize a severance package."
The following people have knowledge of this: Mr. Belin,
Dr. Hallock, OIP Executive Board Members, and OIP's former
accountant.
(b) Request for Production of Documents No. 3: If your
answer to the above Request for Admission No. 3 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response.
ANSWER:
June 23, 2003 letter from Dr. Frankeny to Mr. Belin
June 24, 2004 letter from Dr. Hallock to Mr. Belin.
4. Prior to Plaintiff's termination, OIP had no written
policy providing severance pay to terminated employees.
RESPONSE:
Denied.
(a) Interrogatory No. 4: If the response to Request for
Admission No. 4 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
Plaintiff is aware that severance payments were often made
to former employees but does not know if this was done
under a written policy. Mr. Belin, OIP's former accountant
and OIP's former administrator has personal knowledge of
these severance payments to others.
(b) Request for Production of Documents No. 4: If your
answer to the above Request for Admission No. 4 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response.
ANSWER:
5. Plaintiff signed the Agreement attached as Exhibit A
to Defendant's Answer with New Matter on or about July 29, 2004.
RESPONSE:
Admitted.
(a) Interrogatory No. 5: If the response to Request for
Admission No. 5 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 5: If your
answer to the above Request for Admission No. 5 is
anything other than an unqualified admission., identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response.
ANSWER:
6. Plaintiff received from Defendant the July 1, 2004
payment described in the Earnings Statement attached to these
Requests for Admission as Exhibit B.
RESPONSE:
Admitted.
(a) Interrogatory No. 6: If the response to Request for
Admission No. 6 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 6: If your
answer to the above Request for Admission No. 6 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response, including bank statements for all bank
accounts in your single or joint name from June 24,
2004 to the present.
ANSWER:
7. Plaintiff received from Defendant the July 1, 2004
payment described in the Earnings Statement attached to these
Requests for Admission as Exhibit C.
RESPONSE:
Admitted.
(a) Interrogatory No. 7: If the response to Request for
Admission No. 7 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 7: If your
answer to the above Request for Admission No. 7 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response, including bank statements for all bank
accounts in your single or joint name from June 24,
2004 to the present.
ANSWER:
8. Plaintiff received from Defendant the July 15, 2004
payment described in the Earnings Statement attached to these
Requests for Admission as Exhibit D.
RESPONSE:
Admitted.
(a) Interrogatory No. 8: If the response to Request for
Admission No. 8 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 8: If your
answer to the above Request for Admission No. 8 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response, including bank statements for all bank
accounts in your single or joint name from June 24,
2004 to the present.
ANSWER:
9. Plaintiff received from Defendant the July 29, 2004
payment described in the Earnings Statement attached to these
Requests for Admission as Exhibit E.
RESPONSE:
Admitted.
(a) Interrogatory No. 9: If the response to Request for
Admission No. 9 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 9: If your
answer to the above Request for Admission No. 9 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response, including bank statements for all bank
accounts in your single or joint name from June 24,
2004 to the present.
ANSWER:
10. Plaintiff received from Defendant the August 12, 2004
payment described in the Earnings Statement attached to these
Requests for Admission as Exhibit F.
RESPONSE:
Admitted.
(a) Interrogatory No. 10: If the response to Request for
Admission No. 10 is anything other than an unqualified
admission, set forth": (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 10: If your
answer to the above Request for Admission No. 10 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response, including bank statements for all bank
accounts in your single or joint name from June 24,
2004 to the present.
ANSWER:
11. Plaintiff received from Defendant the August 16, 2004
check in the amount of $13,103.04, a copy of which is attached
to these Requests for Admission as Exhibit G.
RESPONSE:
Admitted.
(a) Interrogatory No. 11: If the response to Request for
Admission No. 11 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 11: If your
answer to the above Request for Admission No. 11 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response, including bank statements for all bank
accounts in your single or joint name from June 24,
2004 to the present.
ANSWER:
12. Plaintiff received from Defendant the September 13,
2004 check in the amount of $13,103.04, a copy of which is
attached to these Requests for Admission as Exhibit H.
RESPONSE:
Admitted.
(a) Interrogatory No. 12: If the response to Request for
Admission No. 12 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 12: If your
answer to the above Request for Admission No. 12 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response, including bank statements for all bank
accounts in your single or joint name from June 24,
2004 to the present.
ANSWER:
13. Plaintiff and Defendant have not entered into any
written agreement modifying the terms of the Agreement attached
as Exhibit A to Defendant's Answer with New Matter.
RESPONSE:
Admitted.
(a) Interrogatory No. 13: If the response to Request for
Admission No. 13 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production of Documents No. 13: If your
answer to the above Request for Admission No. 13
anything other than an unqualified admission,
identify and produce a true and correct copy of
each and every document you directly or indirectly
rely upon in your response.
ANSWER:
14. Prior to July 12, 2004, Defendant paid to Plaintiff
all wages earned as of his termination.
RESPONSE:
Denied.
(a) Interrogatory No. 14: If the response to Request for
Admission No. 14 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
Plaintiff was promised on June 24, 2004; "You will continue
to receive your regular compensation package for a period
of three months . . Plaintiff was still due more than
two months of these payments after July 12, 2004. Mr.
Belin and Dr. Hallock have personal knowledge of this.
(b) Request for Production
answer to the above Re,
anything other than an
identify and produce a
and every document you
upon in your response.
of Documents No. 14: If your
quest for Admission No. 14 is
unqualified admission,
true and correct copy of each
directly or indirectly rely
ANSWER:
June 24, 2004 letter from Dr. Hallock to Mr. Belin.
15. Prior to July 12, 2004, Defendant paid to Plaintiff
all vacation pay accrued as of his termination.
RESPONSE:
Admitted.
(a) Interrogatory No. 15: If the response to Request for
Admission No. 15 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
(b) Request for Production
answer to the above Re
anything other than an
identify and produce a
and every document you
upon in your response.
of Documents No. 15: If your
quest for Admission No. 15 is
unqualified admission,
true and correct copy of each
directly or indirectly rely
ANSWER:
16. Plaintiff does not dispute the amount or type of
deductions taken from the payments he received from Defendant
after his termination.
RESPONSE:
Admitted in part, denied in part.
(a) Interrogatory No. 16: If the response to Request for
Admission No. 16 is anything other than an unqualified
admission, set forth: (1) every fact which tends to
support your contention that the above statement
cannot be admitted as true; (2) the names of witnesses
who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base
your contention that the above statement cannot be
admitted as true.
ANSWER:
Plaintiff admits that the tax deductions and additional
deductions taken from the amount actually paid to Plaintiff
are valid. However, Defendant, in addition, to these
amounts, deducted money Plaintiff was paid prior to
entering into the Separation Agreement but after his
termination from Defendant's employ which is not a proper
deduction under the contract as a matter of law. Plaintiff
has personal knowledge concerning this issue.
(b) Request for Production of Documents No 16: If your
answer to the above Request for Admission No. 16 is
anything other than an unqualified admission, identify
and produce a true and correct copy of each and every
document you directly or indirectly rely upon in your
response.
ANSWER:
Separation Agreement and General Release.
June 24, 2004 letter from Dr. Hallock to Mr. Belin.
Respectfully submitted,
STROKOFF & COWDEN, P.C.
By:
Elliot A. Strokoff, Esq.
Timothy E. Gilsbach, Esq.
I.D. Nos. 16677/92855
DATE: t'1/ S 1 vs 132 State Street, PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
RICHARD BELIN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
NO. 04-5953-Cavil Term
JMY TRIAL DEMANDED
VERIFICATION
I, RICHARD BELIN, certify that the statements made in
the foregoing Plaintiff's Response to Defendants First Set of
Requests for Admissions with Corresponding Interrogatories and
Request for Production of Documents for Answer by Plaintiff are
true and Correct to the best of my knowledge, information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Richard Belin
DATE:
RICHARD BELIN,
Plaintiff
v.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5953-Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served
a true and correct copy of the foregoing by first-class mail,
postage prepaid, on the following person(s):
Katherine M. Allen, Esquire
McQuaide Blasko
811 University Drive
State College, PA 16801-6699
Dated: ?//S 6 By
r /S
Timothy E. Gilsbach
0
IN THE COURT ONTO PEA SYLV ANIA
CUMBERLAND COUY,
Richard Belin, No.: 04-5953 - Civil Term
Plaintiff
Jury Trial Demanded
V.
Orthopedic Institute of
Pennsylvania,
Defendant.
FOR SUMMARY L""L1 ' SLIIVIMARY JUDGMENT
ersi ned, Candace Hoffman, having been duly sworn according to law, hereby
The and g
win is true and correct to the best of her knowledge, information and belief.
states that the follo g edic
I am currently employed as the Human Resources Manager at the Orthop
1.
Institute of Pennsylvania ("OIP") and have held this position since 1988- s art of my job duties, I was responsible for making Payments to Richard Belm
2. A P
after his termination on June 25, 2004 and have provided documentation of those payments to
defense counsel in the course of discovery in this case.
3 Attached as Exhibit 1
to this Affidavit is the Defendant's First Set of Request for
Admission with Corresponding Interrogatories and Request for Production of Documents for
Answer by Plaintiff (hereinafter "Defendant's First Requests for Admission").
Exhibits B through H to Defendant's First Requests for Admission are documents
4.
2004.
evidencing payments made by OIP to Richard Belin after June 25,
Exhibit B to Defendant's First Request for Admission represents a payment to Mr.
5.
in for vacation leave accrued through the date of his termination on June 25, 2004.
Bel
CADocuments and Settings\choffman\LOCal Settings\Tempotary Intemet Files\Content.lE5\RDYF29EF\01P Belin affidavit Of C Hoffmanvl.DOC
6, Exhibit C to Defendant's First Request for Admission represents a payment to Mr.
the final pay period he worked which ended on June 27, 2004.
Belm for payments to Mr. Belm:
7. Exhibits D through H evidence the following gross pay
July 15, 2004 $5,384.62
July 29, 2004 $5,384.62
August 12, 2004 $5,384.62
August 16, 2004 $20,256.57
September 13, 2004 $20,256.57
Total $56,667
each of the above payments listed in 17, OIP took standard payroll
g. From deductions resulting in net payments to Mr. Belin.
at OIP since 1988. During that time, OIP has not had a
9. I have been employed in a
written policy of providing severance payments to terminated employees nor has it engaged
standard practice of providing severance pay to terminated employees-
o?
-A
DATE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Qe) a r` c'
CANDACE HOFFMAN
}
} SS.
}
April, 2006, before me, the undersigned notary public,
On this, e,:2 4 day of Ap roven to be the
known to me or satisfactorily
ed the same for the
personally appeared CANDACE HOFFMAN,
whose name is subscribed to the within instrument, and acknowledged
person
purposes therein contained.
Intemet Piles\C0nt--1E5\RDYF29EF\0IP Belin affidavit of C Hoffman_vl DM
C:\Docaments and Settings\choffmanU.ocal Settings\Temporary -2-
In witness whereof, I hereunto set my hand and official seals.
Notary Pub is
NOTARIAL SEAL
[SEAL] CATN'f 1. GINGRICH NOTMB AND CO.
? m HO APIN
uments and Settings\choff nan\Local Settings\TempOtary Internet Files\Content lE5\RDYF29EF\OIP Belin affidavit of C HofTman_v I.DOC
C Doc
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin,
No.: 04-5953 - Civil Term
Plaintiff
V.
Jury Trial Demanded
Orthopedic Institute of
Pennsylvania,
Defendant.
DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION
WITH CORRESPONDING INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF DOCUMENTS
FOR ANSWER BY PLAINTIFF
TO: Richard Belin
% Timothy Gilsbach, Esquire
Please take notice that Defendant, Orthopedic Institute of Pennsylvania, by and through
its counsel, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., hereby serves the within
Requests for Admissions with corresponding Interrogatories and Requests for Production of
Documents upon Plaintiff, Richard Belin, pursuant to Pa. R.C.P. 4005, 4006, 4009 and 4014.
If your answer to any of the Requests for Admission is anything other than a complete
admission, please state all facts upon which you rely to support your denial or qualified
admission. Each matter set forth herein shall be deemed admitted unless you serve an answer or
objection upon counsel for Defendant, within thirty (30) days of the date of service thereof.
The interrogatories and document requests shall be deemed to be continuing
interrogatories and document requests, pursuant to Pa. R.C.P. 4005, 4006, and 4009. If, between
the time of your answers and the time of trial of this case, you or anyone acting on your behalf
learn of any further information not contained in your answers, you shall promptly furnish said
information to the undersigned by supplemental answers or supplemental production of
documents.
DEFINITIONS
A. "You" and/or "your" means Plaintiff, his agents and employees and others acting
on his behalf with regard to asserting the cause of action to be set forth in Plaintiff's Complaint
in the above-captioned case.
B. "Document" shall mean any writing (whether handwritten, typed, printed,
electronic or otherwise made), drawing, graph, chart, photograph, phonograph record, or
electronic or mechanical matter (including microfilm of any kind or nature, tape or recording), or
other data compilations from which information can be obtained (translated, if necessary, by
Plaintiff, through detection devices into reasonably usable form), and shall include, without
limiting the generality of the foregoing, all records, correspondence, telegrams, teletypes,
agreements, studies, reports, drafts, memoranda, and computer print outs.
C. As used herein "identify," when used in reference to an individual, means his full
name and present or last known residence and business address, his present or last known
position or title and business affiliation, and his position at the time in question.
Where the Interrogatories request that documents be identified, an identification
of it should include at least the following: author, addressee, type of document, date, subject
matter, and the name and address of the person or party presently having custody of the
document and any known copies of it.
INSTRUCTIONS FOR ANSWERING INTERROGATORIES
1. In accordance with Pa. R.C.P. 4005 and 4006, the original of these written
Interrogatories have been served upon you to be answered by the party served or, if the party
served is a public or private corporation or similar entity or a partnership or association, by any
officer or agent, who shall furnish such information as is available to the party.
2. Written answers shall be inserted in the spaces provided in the Interrogatories. If
there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on
a supplemental sheet.
3. In accordance Pa. R.C.P. 4006(b), a sufficient answer to such an Interrogatory
shall be to specify the records from which the answer may be derived or ascertained.
4. Please file and serve answers to these Interrogatories in accordance with the
Pennsylvania Rules of Civil Procedure.
INSTRUCTIONS FOR RESPONDING TO
REQUEST FOR PRODUCTION OF DOCUMENTS
1. With respect to each of the following requests, you shall identify and/or produce
all documents which are known to you or which can be located or discovered by you through
diligent effort on the part of you, your employees, representatives, attorneys or accountants,
including but not limited to, all documents which are in the possession of your representatives,
attorneys or accountants, or accessible to you, your employees, or your representatives, attorneys
or accountants.
2. The following requests shall be deemed to be continuing so as to require further
and supplemental production of documents by you in accordance with Pa. R.C.P. 4009.
3. If any documents requested herein have been lost or destroyed, you shall provide
in lieu of a true and correct copy thereof, a list of each document so lost or destroyed, together
with the following information: (1) the date of origin; (2) a brief description of such document;
(3) the author of such document; (4) the date upon which the document was lost or destroyed;
and (5) a brief statement of the manner in which the document was lost or destroyed.
4. In the event you refuse to produce any document requested on the grounds of any
claimed privilege from discovery, please state each ground for such claimed privilege, describe
the document withheld by date, author, recipients (including all persons who were shown or
received a copy), and give a general description of the subject matter of the document.
5. In the event that more than one copy of a document exists, the original shall be
produced, as well as every copy on which appears any notation or marking of any sort not
appearing on the original.
6. For any documents which are stored or maintained in files in the normal course of
business, such documents shall be produced in such files, or in such a manner as to preserve and
indicate the file from which such documents were taken.
INSTRUCTIONS FOR RESPONDING TO REQUESTS FOR ADMISSIONS
In the event your response is an unqualified admission, indicate that fact by typing
"Admitted" in the space provided.
2. If your response is anything other than an unqualified admission, indicate the
nature of your response in the space provided and proceed with your response to the
corresponding interrogatories and requests for production of documents.
REQUESTS FOR ADMISSION WITH CORRESPONDING
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
Pursuant to Pa. R.C.P. 4014, Defendant is hereby requested to admit the following, for
purposes of the pending action only, and where required, to answer interrogatories and produce
documents:
Plaintiff was employed by Defendant as an at-will employee.
RESPONSE:
(a) Interrogatory No. 1: If the response to Request for Admission No. 1 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 1: If your answer to the above Request
for Admission No. 1 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response.
ANSWER:
::oDMA\PCDOCS\DOCSLIH2\311042\1
2. Defendant terminated Plaintiff's employment effective June 25, 2004.
RESPONSE:
(a) Interrogatory No. 2: If the response to Request for Admission No. 2 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 2: If your answer to the above Request
for Admission No. 2 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response.
ANSWER:
::ODMA\PCDOCS\DOCSL[B2\311042 V
3. Prior to his termination, Plaintiff had no contractual right to severance pay upon
his termination from Orthopedic Institute of Pennsylvania ("OIP").
RESPONSE:
(a) Interrogatory No. 3: If the response to Request for Admission No. 3 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 3: If your answer to the above Request
for Admission No. 3 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response.
ANSWER:
::0DMA\PCD0CS\D0CSLIB2\31 W42\1
4. Prior to Plaintiff s termination, OIP had no written policy providing severance pay
to terminated employees.
RESPONSE:
(a) Interrogatory No. 4: If the response to Request for Admission No. 4 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 4: If your answer to the above Request
for Admission No. 4 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response.
ANSWER:
::ODMA\PCDOCS\DOCSL[B2\911042\ 1
5. Plaintiff signed the Agreement attached as Exhibit A to Defendant's Answer with
New Matter on or about July 29, 2004.
RESPONSE:
(a) Interro ag tM No. 5: If the response to Request for Admission No. 5 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 5: If your answer to the above Request
for Admission No. 5 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response.
ANSWER:
::ODMAV CDOCS\DOCSLIB2\311042\1
6. Plaintiff received from Defendant the July 1, 2004 payment described in the
Earnings Statement attached to these Requests for Admission as Exhibit B.
RESPONSE:
(a) Interrogatga No. 6: If the response to Request for Admission No. 6 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 6: If your answer to the above Request
for Admission No. 6 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response, including bank statements for all bank
accounts in your single or joint name from June 24, 2004 to the present.
ANSWER:
::oDMA\PCDOCS\DOCSLIB2\311042%1
7. Plaintiff received from Defendant the July 1, 2004 payment described in the
Earnings Statement attached to these Requests for Admission as Exhibit C.
RESPONSE:
(a) Interrogatory No. 7: If the response to Request for Admission No. 7 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 7: If your answer to the above Request
for Admission No. 7 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response, including bank statements for all bank
accounts in your single or joint name from June 24, 2004 to the present.
ANSWER:
::oDMA\PCDOCS\DOCSLIB2Q 11042\1
8. Plaintiff received from Defendant the July 15, 2004 payment described in the
Earnings Statement attached to these Requests for Admission as Exhibit D.
RESPONSE:
(a) Interrogatory No. 8: If the response to Request for Admission No. 8 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 8: If your answer to the above Request
for Admission No. 8 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response, including bank statements for all bank
accounts in your single or joint name from June 24, 2004 to the present.
ANSWER:
::ODMA\PCDOCS\DOCSLIB2\31104211
9. Plaintiff received from Defendant the July 29, 2004 payment described in the
Earnings Statement attached to these Requests for Admission as Exhibit E.
RESPONSE:
(a) Interrogatory No. 9: If the response to Request for Admission No. 9 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 9: If your answer to the above Request
for Admission No. 9 is anything other than an unqualified admission, identify and
produce a true and correct copy of each and every document you directly or
indirectly rely upon in your response, including bank statements for all bank
accounts in your single or joint name from June 24, 2004 to the present.
ANSWER:
::ODMAU,CDOCS\DOCSLIB2\311042\1
10. Plaintiff received from Defendant the August 12, 2004 payment described in the
Earnings Statement attached to these Requests for Admission as Exhibit F.
RESPONSE:
(a) Interrogatory No. 10: If the response to Request for Admission No. 10 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 10: If your answer to the above
Request for Admission No. 10 is anything other than an unqualified admission,
identify and produce a true and correct copy of each and every document you
directly or indirectly rely upon in your response, including bank statements for all
bank accounts in your single or joint name from June 24, 2004 to the present.
ANSWER:
::ODMA\pCDOCS\DOCSL1B2\311042\1
11. Plaintiff received from Defendant the August 16, 2004 check in the amount of
$13,103.04, a copy of which is attached to these Requests for Admission as Exhibit G.
RESPONSE:
(a) Interrogatory No. 11: If the response to Request for Admission No. 11 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
AN_:
(b) Request for Production of Documents No. 11: If your answer to the above
Request for Admission No. 11 is anything other than an unqualified admission,
identify and produce a true and correct copy of each and every document you
directly or indirectly rely upon in your response, including bank statements for all
bank accounts in your single or joint name from June 24, 2004 to the present.
ANSWER:
::ODMA\PCDOCS\DOCSLB2\311042\ 1
12. Plaintiff received from Defendant the September 13, 2004 check in the amount of
$13,103.04, a copy of which is attached to these Requests for Admission as Exhibit H.
RESPONSE:
(a) Interrogatory No. 12: If the response to Request for Admission No. 12 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Reguest for Production of Documents No. 12: If your answer to the above
Request for Admission No. 12 is anything other than an unqualified admission,
identify and produce a true and correct copy of each and every document you
directly or indirectly rely upon in your response, including.bank statements for all
bank accounts in your single or joint name from June 24, 2004 to the present.
AN_
::ODMA\PCDOCS\DOCSLIB2\311042%1
13. Plaintiff and Defendant have not entered into any written agreement modifying the
terms of the Agreement attached as Exhibit A to Defendant's Answer with New Matter.
RESPONSE:
(a) Interrogatory No. 13: If the response to Request for Admission No. 13 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
AN_ R:
(b) Request for Production of Documents No. 13: If your answer to the above
Request for Admission No. 13 anything other than an unqualified admission,
identify and produce a true and correct copy of each and every document you
directly or indirectly rely upon in your response.
ANSWER:
::ODMATCDOCSU=SLIB2\311042\1
14. Prior to July 12, 2004, Defendant paid to Plaintiff all wages earned as of his
termination.
RESPONSE:
(a) Interro ag_ tort' No. 14: If the response to Request for Admission No. 14 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Rgg -st for Production of Documents No. 14: If your answer to the above
Request for Admission No. 14 is anything other than an unqualified admission,
identify and produce a true and correct copy of each and every document you
directly or indirectly rely upon in your response.
ANSWER:
::ODMATCDOCS\DOC SLIB2\311042\ l
15. Prior to July 12, 2004, Defendant paid to Plaintiff all vacation pay accrued as of
his termination.
RESPONSE:
(a) Interrogatory No. 15: If the response to Request for Admission No. 15 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
(b) Request for Production of Documents No. 15: If your answer to the above
Request for Admission No. 15 is anything other than an unqualified admission,
identify and produce a true and correct copy of each and every document you
directly or indirectly rely upon in your response.
ANSWER:
::ODMATCDOCS\DOCSLIB2\311042"
16. Plaintiff does not dispute the amount or type of deductions taken from the
payments he received from Defendant after his termination.
RESPONSE:
(a) Interrogatory No. 16: If the response to Request for Admission No. 16 is anything
other than an unqualified admission, set forth: (1) every fact which tends to
support your contention that the above statement cannot be admitted as true; (2)
the names of witnesses who have personal knowledge concerning same; and (3)
the specific identity of documents upon which you base your contention that the
above statement cannot be admitted as true.
ANSWER:
Re nest for Production of Documents No. 16: If your answer to the above
(b)
Request for Admission No.an16 d l correctl coot and every document young
identify and produce a true PY of each
directly or indirectly rely upon in your response.
ANSWER:
::ODMAUPCDOCS\DOOS1.B2%311042\ 1
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
Date: March 9, 2005 By' .
atherine M. Allen, Esquire
I.D. No. 77676
Attorneys for Defendant
State University
811 University Drive
State College, PA 16801
(814) 238-4926
::ODMA\PCDOCs\DOCsLB2\3 11042\ 1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Richard Belin, No.: 04-5953 - Civil Term
Plaintiff
V.
Jury Trial Demanded
Orthopedic Institute of
Pennsylvania,
Defendant.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant's
o Documents in the above-captioned
Corresponding Interrogatones and Requests for Production
matter were mailed this 9t' day of March, 2005 to the following parity:
Timothy E. Gilsbach, Esquire
Strokoff & Cowden, PC
132 State Street
P.O. Box 11903
Harrisburg, PA 17108-1903
MCQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
By:
latherine M. Allen, Esquire
I.D. No. 77676
Attorneys for Defendant
State University
811 University Drive
State College, PA 16801
(814) 238-4926
::0DMA\PCDOCMWSI.B2\311042\ 1
?xh? b??
A
--_----__?••a. ea.s?n,n,Ir .1- AND GENERAL RELEASE
This SEPARATION AGREEMENT AND GENERAL RELEASE is made by and
between ORTHOPEDIC INSTITUTE OF PENNSYLVANIA, a Pennsylvania corporation
its Principal place of business m Hanisbur Pennsylvania COP-), and RICHARD BELIN, of
le b?-S ?
Pennsylvania 0& Belin").
The parties identified above mutually desire to enter into this S
General Release and Separation Agreement and hereby state the following:
WHEREAS, Mr: Belin was employed, by OIP as Practice Administrator
WHEREAS, Mr. Belie was t ,
eeminated from his employment with OIP effective June
25.2004;
WHEREAS, OIP and Mr. Belin desire to agree to certain severance teams a
any and all potential claims which Mr. Bella P? to rest
may have against OIP or its officers, agents or
employees.
NOW TEEREFORE, for and in consideration of the mutual promises set forth below, and
intending to be legally bound thereby' the parties covenant and agree as follows:
1 • OIP will
provide A& Belin with severance pay in an amount equal to four months
salary. It is agreed that the gross amount of said
payment will be co
from which OIP will make standard payroll deductions. -
2. OIP will also make a lump sum payment of $10,000 to Mr. Belin to cover
reasonable relocation expenses incurred by him.
installments 3. The payments set forth in paragraphs (1) and (2) will be made in two equal
via check forwarded to Mr. Belin or his designated attorney. The first payment will
be mailed within fourteen (14) business days after OIP (or its alto
of this ?') receives a signed original
Agreement. The second payment will be made within thirty (30) days after the first
payment.
4. M='- Behn will have such rights to continued health insurance coverage as are
provided by COBRA. For the period of four months following his termination date, OIP wfll pay
the full cost of continued health insurance coverage as required under COBRA and as elected
Mr. Belin.
5. Mr. Belin agrees that he will keep the terms of this Agreement completely
confidential except for (a) any disclosure required by law or in connection with le
between the parties, or (b) disclosure gal proceedings
by Mr. Belie to members of his immediate hmi?y or to his
attorneys, accountants or tax advisors. The parties acknowledge that this co
Provision is a material term of this Agreement and that any breach of this provision will constitute
cause for OIP to terminate the severance pay and benefits described in parag mphs 1, 2 and 4
above and to otherwise regard this Agreement to have been materiaily brecbed.
6• Mr. Belin represents that he has not filed anyc
OIl' with any local, state or federal mP?' charges or claims against
agency or court, including the Equal Employes Oppoftw,ty
Commission and the Pennsylvania Human Relations Commission, that he will not do so at
time hereafter with respect to any matter included within the any
general release set forth in paragraph
8 below, and that if any such agency or courts jurisdiction of any such complaint, charge
or claim against OIP on behalf of A&. Be k he ?, will request the agency or court to withdraw from
the matter.
7. The previous paragraph does not preclude Mr. Belie from
filing ? a claim for
?p Yet compensation if he is unemployed on or after his termination. Olp will not contest
Mr. Belin's eligibility for unempl03'MCnt compensation benefits.
8- As a material inducement to Op to enter into this Agreement, Mr. Belie hereby
irrevocably and unconditionally releases, acquits and forever discharges 01P and each of its
officers, agents, employees, 1epresentatives, attorneys, affiliates, successors and assigns, and all
persons acting by, through, under or in concert with any of them (collectively "01P?,), from
and all complaints, claims, liabilities, obligations, promises, agreements, any
causes of action, suits,
nghts, demands, costs, losses, debts and
OTenses (inchiding attorneys' fees and costs actually
incurred), arising prior to the execution of this Agreement and excepting only those rights
sPecifically granted to W. Belin herein. This Release includes any and all claims under Title VII
of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Pennsylvania Human Relations
Act, the Age Discrimination is Employment Act, the Americans With Disabilities A
Payment and Collection Law, any and all c ct, the Wage
y laims for defamation or other personal injury, any and
all claims for breach of contract and any and all other claims under any other provision of federal,
state or local law.
-2
For the purpose of implementing a full and complete release and discharge of OIP, Mr.
Belie expressly acknowledges that this Release is intended to include in its effect, without
limitation, all claimms which have accrued as of his execution of this Agreement, including claims
which he does not know or suspect to exist in his favor, and further acknowledges that this
Release contemplates the extinguishment of any such claim or claims.
9. Mr. Belin certifies that he has carefully read and my eTStands all the
provisions of this Agreement; that he has been advised in writing to consult with an attorney -
regarding this Agreement, that he has had the opporhmitY to consider this Agreement for a period
of at least twenty-one (21) days Prior to execution; that he
? may, at his sole election, choose to
waive the full twenty-one (21) day period and sign this
Agreement prior to its expiration; and that
he may revoke this Agreement wig seven (7) days of signing it.
10. Mr. Belin further certifies that he is vohmtarily entering into this Agreement and
that neither OIP nor its officers, agents, employees or attorneys have made any representations
concerning the terms, conditions or effects of this
Agreement other than those contained herein.
11. The parties acknowledge that the sole purpose of this
m'P Agreement is to amicably
effectuate severance terms for Mr. Beim and put to rest any potential imputes or claims that
might otherwise arise between them. Therefore, it is expressly acknowledged that this Agreement
does not constitute nor should it be construed to constitute an admission by OIP of any act of
impropriety or wrongdoing, or any breach of an obligation of any kind to Mr. Beim.
12. Sinifluly, the Parties acknowledge that this
should it be construed to constitute an admission Mr. BAgreement does not constitute nor
by lm of any act of impropriety or
wrongdoing, or of any breach of an obligation of any kind to OIP.
13. This Agreement may be revoked by Mi. Belie
by Providing written notice of
revocation wldm seven (7) daYs ofhis won hereof Notice ofrevocation should be send to
Katherine M. Allen, Esquire, McQuaide Blasko, 811 University Drive, State College; PA 16801.
14. This Agreement constitutes the sole understanding of the parties hereto and
supersedes any prior or contemporaneous
agreements or understandings, whether written or oral,
respecting the subject matters- addressed herein.
15. This Agreement cannot be modified, altered or changed, except under express
written consent of both parties in a document that explicitly refers to this Agreement.
16. The parties intend and agree that this Separation Agreement and General Release
shall be binding on and inure to the benefit of their respective heirs, successors and assigns.
17. This Agreement shall be governed and
by construed in accordance with the.laws of
the Commonwealth of Pennsylvania,
18. If any provision of this Separation Agreement and General Release is found to be
unenforceable or in violation of law, the remaining provisions shall remain in M force and effect,
provided however, that if the general release set forth herein is found to be unenforceable or in
violation of law, this entire Separation Agreement and General Release shall be null. and void
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year set
forth below.
ATTEST: ORTHOPEDIC INS
TITCTIE OF PENNSYLVANIA
By:
f drd H. H?trro?
Executed on 7 I 2004
WITNR4c-
RICHARD BELIN
Executed on 2004
:on uW
m
Q
E,xh b
Earnings Statement
Richard E. Bolin
6625 Terrace Way
Harrisburg, PA Mil
Gross Pay Net Pay Check # ChkNee Void .
Pay Dade plod End Paid Dept Paid Clock
File # Wk PK 7331 27-1 0710112004 06/2712004 200
ac
3,494.88 00270003 Voucher
51.93 3,494.88
67.30
statutory
98
X01
>sductlons
Federal Income Tax .
-50.67
Medicare -216.68
Social Security -69.90
110W Worked in Locality Income Tax -3.14
59 SUI/SDI -10729
PA Worked In State Income Tax
Others
345.22
Check
?xh?b??
C
paid Crock
File # Wk Pay DeU Period End paid Deft
.. m7nmm4 200
Eamings Statement
Richard E. Belin
6625 Terrace Way
Harrisburg, PA 17111
Check # ChkNu Void
Gross Pay Net Pay
00270002 Voucher
5,384.62
statutory -881.85
Deductions Federal Income Tax -78.15
.334.13
Medicare -107.70
social Security r IIncome Tax
0W Worked In Luca dy .4.85
11 165.31
59 sullsol Income Tax
State Income Tax
PA Worked In
Others 3,812.63
Check
Memos 4.62
GtI
I t
Exhlbf
co File X
GPK 7331
Earnings
ru guiar --
Deductions
Statutory
Rate
Earnings Statement
Richard E. Belin
6625 Terrace Way
Harrisburg, PA 17111
Gross Pay Not Pay Chock >k ChklVcr
Void
5,384.62 00290002 Voucher
Hours This Period
5,384.62
reaeral income Tax
Medicare -881.85
Social Security -78.15
110W Worked In Locality'lncorne Tax -334.14
59 SUUSDI -107.70
PA Worked In State Income Tax -4.85
-165.31
Others
Check
Ems" -3,812.62
Memos
Gil
4.62
Wk PaY Dace Period End Paid Da
fn Paid Clock
29-1 07/15/2004 07/1112004 200
(hib,
E
co File #
GPK 7331
Eamings
Regular
Deductions
Wk Pay Date Period
End
Paid Dept Paid Clock
31-2 0729/2004 07/25/2004
200
Earnings Statement
Richard E. Belin
6625 Terrace Way
Harrisburg, PA 17111
Gross pay Net Pay
Check # ChJwcr void
5,384.62
Statutory -?
:Fetd ral i ncome T
ax
care
Sodal Security -881.85'
110W
Worked In L
' -78.14
ocality
lncome Tax
59 Sul/Sol -221.12
PA Worked In Stat -107.70
e Income Tax -4.84
Others -165.31
Check
-3,925.66
Memos
Gtl
4.62
f
bi
Earnings Statement
Richard E. Beiin
6625 Terrace Way
Co File # Wk Pay Data period End Paid D Harrisburg, PA 17111
A-
apt Pald Clock Gross Pay Net Pay Check #
ChkNer Void
GPK 7331 33-1 08/12/2004 08/08/2004 200
5,384.62
00330002 Voucher
Earnings Rate
Hours This Period
Regular
5,384.62
Deductions Statutory
Federal Income Tax
Medicare -881.85
110W Worked In Locality Income Tax -78.14
59 SUI/SDI -1 •85
PA Worked In State Income Tax x.31
-165.31
CXh?b?-+
--------------------
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RICHARD BELIN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
NO. 04-5953-Civil Term
PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT/PARTIAL SUMMARY JUDGMENT
Elliot A. Strokoff
STROKOFF & COWDEN, P.C.
I.D. No. 16677
132 State Street
PO Box 11903
Harrisburg, PA 17108-1903
(717) 233-5353
ATTORNEY FOR PLAINTIFF
RICHARD BELIN
With leave of Court granted at oral argument on May
17, 2006, Plaintiff hereby formally answers Defendant's Motion
for Summary Judgment or, in the alternative, Motion for Partial
Summary Judgment, by controverting Defendant's factual
allegations with the following:
OF FACTS
1. Plaintiff, Richard Belin was living in Minnesota
when he was recruited by Orthopedic Institute of Pennsylvania
from Minnesota to come to Camp Hill, Pennsylvania to work for
OIP as its Practice Administrator. (Belin Dep., pp 5-6); Belin
Dep., Ex. 1). 1
2. By letter agreement dated June 23, 2003, Richard
Belin, was hired to be the Practice Administrator for the
Orthopedic Institute of Pennsylvania (OIP). (Belin Dep. Ex. 1).
3. In February of 2004, Mr. Belin's performance as
Practice Administrator was evaluated as "flawless" and the
members of the Board of OIP unanimously agreed Mr. Belin was
doing an excellent job. (Belin Dep., p. 21; Hallock Dep., p.
7) .
'Among the documents submitted by OIP in support of its Motion for
Summary Judgment, were Mr. Belin's deposition of July 8, 2005, with six
deposition exhibits a part thereof. References in this Counterstatement of
Facts to "Belin Dep." and "Belin Dep. Ex." are to those documents at Tab A of
those submitted by OIP.
- 1 -
4. On the evening of June 24, 2004, the Board of OIP
decided to terminate Mr. Belin's employment because of a
professional difference of opinion. (Hallock Dep., p. 14).
5. On the morning of June 25, 2004, Mr. Belin was
advised his employment was terminated, effective June 24, 2004.
(Belin Dep., p. 48).
6. OIP had a policy of providing employees with
severance, the amount of which was decided on a case by case
basis. (Hallock Dep., p. 24).
7. On the morning of June 25, 2004, the President of
OIP provided Mr. Belin with a letter, dated June 24, 2004,
(Belin Dep., Ex. 3), providing notice of the termination and
advising that:
You will continue to receive your regular
compensation package for a period of three
months during which time we will finalize a
severance package. (emphasis added).
8. Present at the time Mr. Belin's employment was
terminated was OIP Human Resources Consultant, James H.
Honafius, whose summary of that meeting contained the following:
In addition Mr. Belin's compensation will
continue by regular paycheck until a
severance package is negotiated, but a
finite period will be established on the
length of the negotiation period. (This
finite period has been defined as a three
month period in the termination letter).
(Belin Dep., Ex. 2).
- 2 -
9. Mr. Belin normally was paid by OIP biweekly, and
the payments were made by direct deposit into his checking
account, and he was provided with an Earnings Statement
providing the details of the direct deposit. (Belin Dep., p. 65;
Belin Affidavit 11, appended hereto).
10. The next regular biweekly payday for Mr. Belin
following his termination on June 25, 2004 was July 1, 2004.
(Belin Affidavit 12). Subsequent regular OIP paydays were July
15, 2004, July 29, 2004 and August 12, 2004. (Belin Affidavit
91914-5).
11. On the following dates the following sums were
directly deposited by OIP into Mr. Belin's checking account:
7/1/04-$2,645.22 net vacation pay (on gross pay of $3,498.88)
7/1/04-$3,812.63 net pay (on gross pay of $5,384.62)
7/15/04-$3,812.62 net pay (on gross pay of $5,384.62)
7/29/04-$3,925.662 net pay (on gross pay of $5,384.62)
8/12/04-$4,146.773 net pay (on gross pay of $5,384.62)
(Belin Affidavit 153-5; also Candace Hoffman Affidavit, Exhs. B-
F, submitted by OIP).
12. By letter dated July 12, 2004, but not received
by Mr. Belin until July 20, 2004, (Belin Dep., p. 65), the
President of OIP sent Mr. Belin duplicate originals of a
Separation Agreement and General Release advising that "The
'This net pay deposit was $113 more than prior pays because the FICA tax
cap was exceeded during this pay period.
'This net pay had no FICA tax deducted
- 3 -
terms set forth in the Agreement will remain open to you until
August 6, 2004." (Belin Dep., Ex. 4).
13. The Separation Agreement and General Release,
transmitted with the letter of July 12, 2004, and part of Belin
Deposition Exhibit 4, stated in pertinent part as follows:
1. OIP will provide Mr. Belin with
severance pay in an amount equal to four
months salary. It is agreed that the gross
amount of said payment will be $46,667.00
from which OIP will make standard payroll
deductions.
2. OIP will also make a lump sum
payment of $10,000 to Mr. Belin to cover
reasonable relocation expenses incurred by
him.
3. The payments set forth in
paragraphs (1) and (2) will be made in two
equal installments via check forwarded to
Mr. Belin or his designated attorney. The
first payment will be mailed within fourteen
(14) business days after OIP (or its
attorney) receives a signed original of this
Agreement. The second payment will be made
within thirty (30) days after the first
payment. (emphasis added).
14. Paragraph 14 of the Severance Agreement and
General Release provides:
This Agreement constitutes the sole
understanding or the parties hereto and
supersedes any prior or contemporaneous
agreements or understandings, whether
written or oral, respecting the subject
matters addressed herein.
- 4 -
15. Following the deposit of his regular biweekly pay
into his account on July 29, 2004, Mr. Belin signed the
Separation Agreement and General Release and caused it to be
delivered to OIP on July 30, 2004. (Belin Dep., p. 70, Belin
Affidavit 16).
16. By letter dated August 16, 2004, OIP mailed Mr.
Belin a check in the amount of $13,103.04, which was deposited
by Mr. Belin on August 30, 2004. (Belin Affidavit 17).
17. By letter dated September 13, 2004, OIP mailed
Mr. Belin a check in the amount of $13,103.04, which was
deposited by Mr. Belin on September 22, 2004. (Belin Affidavit
Respectfully submitted,
STROK,0'PF Q COWDEN, P.C.
DATE: 5/17/06
By:
Elliot A. Stro o f, Esq.
I.D. No. 16677
132 State Street
PO Box 11903
Harrisburg, PA 171 8-1903
(717) 233-5353
- 5 -
RICHARD BELIN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JURY TRIAL DEMANDED
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA, NO. 04-5953-CIVIL TERM
Defendant
AFFIDAVIT OF RICHARD BELIN
The undersigned, Richard Belin, does depose and say as
follows:
1. When I was employed as Practice Administrator for
OIP, I was paid biweekly, and my net pay was deposited directly
into my checking account. Coincident with the deposit of my pay
into my checking account; OIP would provide me with an "Earnings
Statement" detailing my gross pay, the deductions therefrom and
the net pay deposit. The Earning Statements which I received
were identical in form to the Earnings Statements attached as
Exhibits B-G of the Affidavit of Candace Hoffman.
2. The next regular OIP payday following the
termination of my employment on June 25, 2004 was July 1, 2004.
3. On July 1, 2004, OIP deposited directly into my
checking account the sum of $2,645.22 (for unused vacation) and
also the sum of $3,812.63 (my regular biweekly net pay), and
mailed me the Earnings Statements therefore.
4. On July 15, 2004, the next regular biweekly OIP
payday, OIP deposited directly into my checking account the sum
of $3,812.62 (my regular biweekly net pay), and mailed me the
Earnings Statement therefore.
1 of 3
5. On July 29, 2004, the next regular biweekly OIP
payday, OIP deposited directly into my checking account the sum
of $3,925.66 (my regular biweekly net pay), and mailed me the
Earnings statement therefore.
6. On August 12, 2004, the next regular biweekly OIP
payday, OIP deposited directly into my checking account the sum
of $4,146.77' (my regular biweekly net pay) and mailed me the
Earnings Statement therefore.
7. Following my confirmation that my regular biweekly
pay had been deposited into my checking account on July 29, 2004,
I signed the Separation Agreement and General Release which had
been sent to me by OIP and gave it to my wife for delivery to OIP
on July 30, 2004.
8. By letter dated August 16, 2004, (attached hereto
as Belin Affidavit Ex. 1), I received an OIP check dated August
16, 2004 from OIP in the amount of $13,103.04, (attached hereto
as Belin Affidavit Ex. 2) which was deposited by me on August 30,
2004.
9. By letter dated September 13, 2004, (attached
hereto as Belin Affidavit Ex. 3), I received an OIP check in the
amount of $13,103.04 (attached hereto as Belin Affidavit Ex. 4).
'My net pay deposits on 7/29/04 and 8/12/04 were greater than my
previous net pay deposits because my earnings exceeded the FICA tax cap during
the pay period ending 7/25/04, which was paid to me on 7/29/04.
2 of 3
I certify that the statements made in the foregoing Affidavit
(consisting of this and 2 other pages) are true and correct to
the best of my knowledge, information and belief. I understand
that false statements herein are made subject to the penalties of
18 Pa.C.S. 94404 relating to unworn falsification to
authorities.
Date: f 1 OL
Richard B li
3 of 3
IALINT aum M,b.
RICHARD J. BM, Nlb.
RAYMONIb C DAM, P.O.
W=97 M DAHMU9..M.0.
9TSPHE71-W, DAILCfAD.
WILL64M W. ri MknH, M.D., PA U,
JQM M MW= 1, M.D., P.A,G3.
CURIIE A, 00LTZ, a,37
T.ELZFHO"; (7177) 761-5530
Imo"`
OA'IHpP2PIC Yt.$TITVT9
4k RB.NiVSXLVAN[A
Iuc.wzH,HAUOcr%rLD,
OREQORY & KM(3, M-D-
MAP" IL tcABEDA, P.O., r4r-Q S.
RONALD W. LIPPE, MD, P,A rls,
JASW J. LiMM M.D.
WU,UAM J. POLACH M JR.. M.D.
CFU=X now, M-D-
STEt'EH B. WOLF, M.D.
TnoMASJ.YOCI A, MD-
(800) 634-4026 - FAX: (717) 737-7197 . www,olp,mm
August 16, 2004
Via First Class Mail
Ricliaxd Belie
6625 Terrace Way
liarrisburg, PA 17111
Ju Re- Severance Pay and Relocation( Expenses
Dear Mr. Belie:
Enclosed please £ngtd a check in the amount of $13,103.04, representing your first of two
equal installment payments pursuant to the Separation Agreement and General Release between
you and Orthopedic Institute of Pennsylvania ("01P'J. As set forth in the Agreement, OIP has
agreed to provide you with severance pay in a total amount equal to four (4) months' salary
($46,676) along with a lump sum payment of $10,000 to cover reasonable relocation expenses.
Because you have already received payroll checks since your termination, the gross amount of
your installment payments under the Agroement was calculated as follows:
Total gross severance pay (four months' salary): $46,667.00
Less salary previously paid via payroll checks: $16,153.86
subtotal $30,513.14
Plus relocation expenses $10.000.00
TOTAL $40,513.14
Divided by two:
r-nw -Qb W 3p aAboftw" Vo fttooaswe to- D" ".ft., rI.POC
$20,256.57 (subject to payroll deductions
. as required by law)
ORRIgPC?IC9VR9G9?3, 470,
ADDRESS ALL C4RRCSPOHDEHCETO-, 879 POPLAR CHURCH ROAD, CAMP HILL, PA 1701I
LL OPPIICE HABlU811 IA6 OPF[CP CAMP GILL OPihCG nERBpEY OrPACB GIMP tQ4L oPP1CE
3916 TREIDLE RD, 450 POWERS AVE, 890 POPLAR CHURCH RD,. 9TE. 108 32 nORTHEABT oR, 51$. 701
875 POPLAR CHtRtGti RD.
RieBwd Belin
August 11, 2004
Page 2
Should you have any questions regarding the enclosed Payment, please do not hesitate to
contact OIP's attorney, Katherine NL Men at (814) 238-4926.
very truly yours,
Candace Hol£am
Human Resources
CI4:lh
C.Wa fttl mW 8aena\ahMmx\lads.rona?rwiyon,yn.?emaaan?Cma??m51QLNnnOrvrOVkdtn f&ftmH ywOC
?tt c7?tC ? 7 fib:
,it.. _ .-
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Mr.
o??ar? t?renr?t? o?penn?yiva,tia
Rlohazal3e};n snsnoo4 38752
20,256.57
-5,814,Sb
-293.72
•621,88
`40$.14
•18.23
c?I I?
OIP Main Aco xmt
I? 1
13,103.04
MM7 RSLOCL M.R. RICHARD If, n6aom MD,
MCIIAAD J. 8061,. M-A. ?.?1. oFMWKCA. HANrI M.D.
RAYMOMD E. DAHL. A.O. ROHERF R KAMBDA, 0-0-, PACO.8.
ROSERr R DAHCIUS. M.A. T ^1??r• P,A,C.3.
LIME.
FoH
5TLPREN W. DAM, M
D.
J JA30N J. L MOM
PJ. LHTOC4
MD.
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J. poLA
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JR. hi5.
WILLIAM W. AeMUTH, MD., FAX, 3. 5501
tr1
cW`<FST R M5501 M.P.
JOHN R. FRAM M\T R, MD-. FA-CS, aRTtlai'7vXC INSTrCUTE SrEVW U. WOW", M.D.
CuaPIS A, OOLTL, A.O. OP PE 4NSYLVANIA THOMAS J. YUCHA, M.D.
TE),67H0HB: (717) 761-5530 • (800) 8344020 . M '(717) 737-7197 . www.oip,com
September 13, 2004
Richard Belin
6625 Terrace Way
Harrisburg, PA 17111
Dear W. Belin:
'Enclosed please find a check in the amount of $13,103.04, representing your second
and final payment pursuant to the Separation Agreement and General Release between
you and Orthopedic Institute of Pennsylvania.
Sincerely,
C-0- tom a Xc1 ? Lam`
Candace Hoilima
Human Resources
onmarcmcsunccorrs,/m,
ACAR6SS ALL CORRESFOHDEMCS TO: 875 POPLAR CHURCH ROAD. CAMP FRLL, PA 17011
CAMP H1L14 2FFIC9 H11RR13HCHa CPPICE C$MA' H14L OPRICS "Psuar OFPICH CAMP.HILL APRCE
3916 TRCHDLE RD. 450 POWERS AVE, 890 troPLAR CHURCH RD„ STE, 108 '32 MORTHFa UI' DR.. 5T6- R01 875 POPLAR CHURCH RD.
RpYTC5.TN6 1Y cY sict;al sy _: -wr _. -.- - _::-_ *s13,T03.04
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20,256.57
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-293.72
-621.88
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13,103.04
RICHARD BELIN,
Plaintiff
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-5953-Civil Term
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served
2 true and correct copies of the foregoing by first-class mail,
postage prepaid, on the following person(s):
Katherine M. Allen, Esquire
McQuaide Blasko
811 University Drive
State College, PA 16801-66
5/17/06
a
R ?ttt
7
c
o
RICHARD BELIN,
Plaintiff
VS.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-5953 CIVIL
IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS, OLER AND EBERT, J.J.
ORDER
AND NOW, this day of June, 2006, the motion of Orthopedic Institute of
Pennsylvania for summary judgment is DENIED.
Elliot A. Strokoff, Esquire
For the Plaintiff
VK'atherine M. Allen,
For the Defendant
Am d
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BY THE COURT,
Kevi A. Hess, J.
ryI e?'
Lt`J 1
? RICHARD BELIN,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5953-Civil Term
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA, JURY TRIAL DEMANDED
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Elliot A. Strokoff, counsel for the plaintiff in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $16,153.86 plus prejudgment interest,
$4,038.48 in liquidated damages, reasonable attorneys fees, costs, and any other relief which the
court deems just and proper.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified
to sit as arbitrators:
Elliot A. Strokoff, Esquire
Strokoff & Cowden, P.C.
132 State Street, PO Box 11903
Harrisburg, PA 17108
Katherine M. Allen, Esquire
McQuaide Blasko
811 University Drive
State College, PA 16801-6699
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators
to whom the case shall be submitted.
Dated: 101 ao 1 01.
By:
I.D. No. 16677
ORDER OF COURT
AND NOW, , 2006, in consideration of the foregoing petition,
, Esq., , Esq., and ,
Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for.
By the Court,
P.J.
f
RICHARD BELIN,
Plaintiff
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5953-Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served a true and correct copy of the
foregoing by first-class mail, postage prepaid, on the following person(s):
Katherine M. Allen, Esquire
McQuaide Blasko
811 University Drive
State College, PA 16801-6699
Dated: 10/20/06
By:
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RICHARD BELIN,
V.
ORTHOPEDIC INSTITUTE OF
: NO. 04-5953-Civil Term
PENNSYLVANIA, JURY TRIAL DEMANDED
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Elliot A. Strokoff, counsel for the plaintiff in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $16,153.86 plus prejudgment interest,
$4,038.48 in liquidated damages, reasonable attorneys fees, costs, and any other relief which the
court deems just and proper.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified
to sit as arbitrators:
Elliot A. Strokoff, Esquire
Strokoff & Cowden, P.C.
132 State Street, PO Box 11903
Harrisburg, PA 17108
Dated: wba01010 By:
E1110Strokoff, squire
I.D. No. 16677
ORDER OF COURT
Katherine M. Allen, Esquire
McQuaide Blasko
811 University Drive
State College, PA 16801-6699
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators
to whom the case shall be submitted.
AND NOW, , 2006, in consideration of e foregoing petition,
Otildgg Esq., sq., and c G?itc.2 (?
Esq., are ointed arbitrators in e above-captioned A ion (or actions) as prayed for.
the Cou W?oo
T. I P.
: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Pet-
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RICHARD BELIN,
V.
Plaintiff
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5953-Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served a true and correct copy of the
foregoing by first-class mail, postage prepaid, on the following person(s):
Katherine M. Allen, Esquire
McQuaide Blasko
811 University Drive
State College, PA 16801-6699
Dated: 10/20/06
By:
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In The Court of Common Pleas of Cumberland
Plaintiff
County, Pennsylvania No. 0 - C5`79 ,T°3 T
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature -
Signature
ame ( airman)
Law Firm 1
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A Gress
city,
Name
Law Firm
c4r,?v S j?
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Address
C A/// - r 70tr
city, zip
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Name /
Law
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/AJrddress
C.l?.??.,?? ??? 17c It
city, zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
n I us. , OA?,o c. ?-- - S-2 n-?- i -S- , 2 00q ctA -v? C v() f -- c o s .? cx,,--?,(
'a tA-e-y- n C-i F -e -e S i v\ C w. z u , + c -?-' f# -7, 50 15-0
,.,Arbitrator, dissents. (Insert name if applicable.
Date of Hearing: I- Z u- v 7
Date of Award: 1- 2-& -1 7
Notice of Eztr?Wzrd
Now, the h day of , 20017, at a :51 , -L.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
s ^T^T corn nens tion to be rraid anon appeal: p?
. . 3' 00
By:
P thonotary Deputy
C`t
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RICHARD BELIN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA,
Defendant
TO THE PROTHONOTARY:
NO. 04-5953-CIVIL TERM
PRAECIPE
Please mark the above captioned matter satisfied, and
discontinue with prejudice.
Respectfully submitted,
STROKOFF & _ D, DEN, P.C.
By:
o A. r off Esq.
I.D. No. 16677
DATE: 51-7(,)? 132 State Street, PO ox 11903
Harrisburg, PA 1710 -1903
(717) 233-5353
Attorney for Plaintiff
1 -G
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In The Court of Common Pleas of Cumberland
Plaintiff
? ) rein County, Pennsylvania No. O y - 6'-9 5-3 61,r? / 7 rrm
/!?
`^ AVVI G f?? t ?? cY Sy/V,?,j t ?,
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature Signature
ame ( irn ) h,
y A AC?J
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Law Firm
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City, Zi (7a?
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Name
Law Firm
ao ka-414 whvv- S? l®a-
Address
GftAi-I/ f)? 170t<
City, Zip
-# 165LO l
Award
Si tore
ISM LM40,
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Name /
a Ate -?
Law Arm
3ydl
Ad
4!:r_ dress pI-j 7o
City, zip
# tofp53
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
L,,v0-/- o-C ?F>10-z4 4 ;V, - a-,ti..00V\ - c) .F -$ I0?76q. Z?j
ra l u s i v\17qK',oz+- 40 ys S4 ,o+. i 3, 2 00 q a.,, ,X C o u r 4- C v S ?.s a .?
1a. ,n k,,i yes iY,, 0.w.ovv? - o4 A-7. 5-0 - 50- -
. Arbitrator, dissents. (Insert name if applicable.)
Date of Bearing: l - 2 & - a 7
Date of Award: I - 2& -, 7
Notice of En
(Chairman)
F.
Now, the h day of Janwpiv , 20, 07, at 2:51 , P.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attomeys.
Arbitrators' cOmpensat;on to be paid upon aupeal: $ 0190.00
By:
P thonotary Deputy
c?
Co ios- £?.
?111di A M Allen , -
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