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Home My WebLink About01-5243LEHIGH ANESTHESIA ASSOCIATES, PC., and CENTER FOR AMBULATORY ANESTHESIA, Plaintiffs BEAL~DRY ORAL SURGERY, INC., Defendant COURT OF COMMON PLEAS CUMBERLD2~D COUNTY, PENNSYLVANIA NO. ~5"~'-/2.'~ -- 2001 NOTICE YOU HAV~ BEEN SU~D 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 }L~%-E A LAWYER OR C;tNNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, Fourth Floor Carlisle, PA 17013 (717) 240-6200 NOTICIA 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 dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 L AME POE TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse, Fourth Floor Carlisle, PA 17013 (717) 240-6200 STROKOFF & COWDEN, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108 (717} 233-5353 LEHIGH ANESTHESIA ASSOCIATES, PC., and CENTER FOR AMBULATORY ANESTHESIA, Plaintiffs Yo BEAUDRY OPJtL SURGERY, INC., Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN EQUITY AND LAW 1. Plaintiff, Lehigh Anesthesia Associates, P.C. (hereafter "Lehigh"), a professional corporation organized and existing under the laws of the Commonwealth of Pennsylvania, is in the business of providing anesthesiologists and certified registered nurse anesthetists to administer anesthesia in non- hospital settings, with its principal place of business at 5000 Tilghman Street, Suite 240, Allentown, Pennsylvania 18104. 2. Plaintiff, Center for Ambulatory Anesthesia, Inc., (hereafter "CAA") a wholly-owned subsidiary of Lehigh organized and existing under the laws of the Commonwealth of Pennsylvania, is in the business of providing anesthesia equipment and supplies, with its principal place of business at 5000 Tilghman Street, Suite 240, Allentown, Pennsylvania 3. The Defendant, Beaudry Oral Surgery, Inc. the business of providing dental and oral surgery, 18104. is in with its - 1 principal place of business located at 3600 Old Gettysburg Rd., Camp Hill, Cumberland County, Pennsylvania 17011. 4. Venue in this court is proper in that the causes of action plead in this Complaint arose in Cumberland County, the Defendant regularly conducts business in Cumberland County, and the property that is the subject of this Complaint is in Cumberland County. 5. At all times material to this matter, Plaintiff Lehigh provided certified registered nurse anesthetists and anesthesiologists to administer anesthesia to the patients of the Defendant in Defendant's offices at 3600 Old Gettysburg, Rd, Camp Hill, Pennsylvania 17011. 6. At all times materials to this matter, the Plaintiff Lehigh and the Plaintiff CAA owned and provided the anesthesia equipment, supplies and drugs used by Lehigh's certified registered nurse anesthetists and anesthesiologists in administering anesthesia to the Defendant's patients. 7. One piece of equipment owned by Lehigh for use by Lehigh's employees in administering anesthesia in Defendant's offices was a ~Compact" model anesthesia machine, manufactured by North American Drager, serial number 5077. 8. One piece of equipment owned by CAA for use by Lehigh's employees in administering anesthesia in Defendant's office was a "Narkomed-Standard" anesthesia machine, manufactured by North American Drager, serial number 6309. 9. North American Drager no longer manufactures the aforementioned ~Compact" model or ~Narkomed-Standard" anesthesia machines. However, North American Drager does manufacture comparable anesthesia machines which it sells for $30,000 apiece and sells comparable refurbished anesthesia machines for about $22,000 each. The standard and normal charges for use of the Compact model and Narkomed-Standard anesthesia machines is $89.50 per hour. 10. Among the anesthesia supplies owned by Lehigh and CAA for use by Lehigh's employees in administering anesthesia to Defendant's patients in Defendant's office were Laryngeal Mask Airways of various sizes, endotracheal tubes of various sizes, laryngoscopes and blades of various sizes, intravenous solutions, intravenous catheters and intravenous administration sets. 11. Among the anesthesia drugs owned by Lehigh and CAA for use by Lehigh's employees in administering anesthesia to Defendant's patients at Defendant's office were various quantities of Sevoflurane, Zofran, Trandate, Robinul, Norcuron and other drugs. Brevital, Propofol, Romazicon, Lidocaine, Aminophylline, Anectine, These anesthesia drugs have a limited shelf life and expiration dates after which they are rendered unsafe and useless. 12. On or about August 17, 2001, Lehigh advised the Defendant that it would be unable to provide anesthesia services to Defendant's patients at the Defendant's offices after Friday, August 31, 2001. 13. At about 2:00 p.m. on August 31, 2001, after completing the administration of anesthesia services for the day, two employees of Lehigh (Michael Wier CRNA and Peter Carpenter CRNA) attempted to remove the Plaintiffs' aforementioned two anesthesia machines, anesthesia supplies and drugs from Defendant's office. However, the President of Defendant, Dr. Robert J. Beaudry, Jr. barred Lehigh's employees from removing these machines, Defendant's office. 14. At the time that supplies and drugs from the he barred the employees of Lehigh from removing the Plaintiffs' anesthesia equipment, supplies and drugs, Dr. Beaudry stated to them that he would begin using the anesthesia equipment himself immediately. 15. At approximately 5:00 p.m., August 31, 2001, Plaintiff's counsel telefaxed a letter to Defendant's legal counsel, William Kaufman, Esquire and to Dr. Beaudry demanding that the Defendant permit Lehigh to retrieve its equipment, supplies and drugs no later then Wednesday morning, September 5, 2001. The fax to Defendant's counsel was received by Defendant's counsel on 8/31/01, but the fax to the Defendant was not received until 9/4/01 because Defendant's fax machine was not working. Defendant continues to bar the Plaintiffs from retrieving their equipment. COUNT 1 - Replevin 16. Plaintiffs incorporate by reference as though fully set forth all of the averments set forth in paragraphs 1- 15 of this Complaint. WHEREFORE, Plaintiffs Lehigh Anesthesia Associates and Center for Ambulatory Anesthesia respectfully request that this Court enter judgment in replevin in its favor and against the Defendant for the following: A ~Compact" model anesthesia machine, manufactured by North American Drager, serial number 5077; "Narkomed-Standard" anesthesia machine, manufactured by North American Drager, serial number 6309; anesthesia supplies including but not limited to laryngeal mask airways of various sizes, endotracheal tubes of various sizes, laryngoscopes and blades of various sizes, intravenous solutions, intravenous catheters, intravenous administration sets, and anesthesia drugs, including Sevoflurane, Brevital, Propofol, Romazicon, Zofran, Trandate, Robinul, Lidocaine, Aminophylline, Anectine, and Norcuron; and the fair rental value of said machines for the period of time that Defendant withholds them from the Plaintiff; and the damage/spoilage of the - 5 - Co supplies and drugs while unlawfully withheld by Defendant. Alternatively, if the Defendant cannot and does not return the machines, supplies and drugs into the custody and control of the Plaintiffs or their authorized agents, the Plaintiffs respectfully request this Court enter judgment in their favor and against the Defendant for the value of the machines, supplies and drugs, in the excess of $60,000; and Such other relief as the Court deems just and appropriate. COUNT II - Conversion. 17. Plaintiffs incorporate by reference as though fully set forth all of the averments set forth in paragraphs 1- 16 of this Complaint. 18. Plaintiffs believe, and therefore aver, that the Defendant intends to use Plaintiff's anesthesia machines, supplies and drugs for its own use, or provide same to anesthesiologists and/or nurse anesthetists, employed or retained by Defendant to administer anesthesia to its patients. 19. The Defendant has no right, title or equitable claim to the ownership and/or possession of the anesthesia machines, supplies and drugs. 20. The Defendant has refused, and continues to refuse, to return the machines, supplies and the drugs to the custody and control of the Plaintiffs. 21. Plaintiffs believe, and therefore aver, that Defendant intends to deprive Plaintiffs of the anesthesia machines, supplies and the drugs. WHEREFORE, Plaintiffs Lehigh Anesthesia Associates and the Center for Ambulatory Anesthesia respectfully request this Court enter judgment in their favor and against the Defendant for the value of the machines, supplies and the drugs, in excess of $60,000, plus prejudgment interest, costs and such other relief as the Court deems proper. COUI~T III - Punitive Damages. 22. Plaintiffs incorporate by reference as though fully set forth all of the averments set forth in paragraphs 21 of this Complaint. 23. Defendant Beaudry Oral Surgery, Inc., President Robert J. Beaudry, Jr., at all times relevant and material to this matter, has acted in bad faith and with the intent to exercise unlawful control over the machines, the supplies and the drugs. 24. Plaintiffs believe, and therefore aver, that Defendant intends to deprive Plaintiffs of the use of its machines, supplies and drugs to force them to purchase new replacements therefor. through its - 7 25. Defendant's conduct in this matter has been and continues to be wanton and outrageous. WHEREFORE, Plaintiffs Lehigh Anesthesia Associates and Center for A~ulatory Anesthesia respectfully request this Court enter judgment in their favor and against Defendant for (a) punitive damages in excess of $20,000, attorneys fees and costs, and (b) such other relief as the Court deems just and proper. Respectfully submitted, ~~STRO COWDEN, P.C. Elliot A. Strokoff, ~q. I.D. No. 166~ / 132 State Street ~ PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 LEHIGH AN~STHESIAASSOCIATES, PC., and CENTER FOR AMBULATORY ANESTHESIA, Plaintiffs BEAUDRY oRAL SURGERY, INC., Defendant COURT OF COMMON mL~AS CUMBERLAND COUNTY, P~NSYLVANIA NO. 2001 VERIFICATION I, ROBERT EHLE, am the President of Lmhi~h Azlesthesia Associates, PC and President of Center for Ambulatory Services, Inc., I am authorized to make this ve=i£ication and certify that the statements made in the ~oregoing Complaint are tru~ and correct to the best of my k~owledge, information and belief. I understand that false statements herein are mad~ subject to the penalties of 18 Pa.C.$. to authorities. ~4904 relating to ~/%swOrn falsification ~OBERT EHLE "' CASE NO: 2001-05243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND I,E~IGH ANESTESIA ASSOC ET AL VS BEAUDRY ORAL SURGERY INC DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon BEAUDRY ORAL SURGERY the DEFENDANT , at 3600 OLD GETTYSBURG RD CAMP HILL, PA 17011 DEB TAYLOR at 1030:00 HOURS, on the 7th day of September, 2001 by handing to PERSONAL ASSISTANT a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this / ~ ~ day of ~ ~/ A.D. /~6thonotary So Answers: R. Thomas Kline 09/10/ 001 STROKOFF & COWDEN By: ~~~ Deputy Sheriff LEHIGH ANESTHESIA ASSOCIATES, PC., and CENTER FOR AMBULATORY ANESTHESIA, Plaintiffs Vo BEAUDRY ORAL SURGERY, INC., Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: THE PROTHONOTARY Please discontinue the above-captioned matter. DATE: Respectfully submitted, Elliot A. Stroyoff, Esq. I.D. No. 1667 132 State Street/ PO Box 11903 / _ Harrisburg, PA [17108-1903 (717) 233-5353 cc: William Kaufman, Esquire