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Home My WebLink About95-04702t`'.- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1995-04702 P COUNTYWOFLCUMBERLANDSYLVANIA: BIKLE H DWIGHT M D VS. CAPITAL HEALTH SYSTEM SERVICES g. Tho Sheriff, who being duly sworn according mae line for the within to law, says, that he made a diligent search and inquiry named defendant, to wit: CAPITAL HEALTH SYSTEMS SERVICE TIA rrea7TAL HEALTH SYSTEMS Them in his bailiwick. He tnerw?u- but was unable to locate County, Pennsylvania. pAUPHIN deputized the sheriff of to serve the within WRIT OF SUMMONS On se tember 13th 1995 this office was in receipt of DAUPHIN County, Pennsylvania. the attached return from So answer s% Sheriff's Costs: 'i Docketing 18.00 ! e., rG' / out of County 9 9. 00 00 er omas ins. Surcharge 25.50 DAUPHIN COUNTY €54750 0AR1US1995NIGHT Sworn and subscribed to before me this -I;L day of 19 9Sr A.D. 411-1--rA ? ono ar ter COMMONWEALTH OFPENNA: COUNTY OF DAUPHIN: SIIERIFF'S RETURN NO. 95-4702 Civil Term PAGE 492 95 .,it 8:50 A. 11. SERVED THE i AND NOW: Sept. 6th IU Summons in Civil Action UPON WITHIN Capital Health Systems Services t/d/b/a Capital Health Systems Ily IlrRSONA,I,Y HANDING TO David Falgoust, Operator Supervisor Security and person in charge at time of service A TRUE ATTESTED COPY OF THE ORIGINAL Summons in Civil Action AND MAKING KNOWN TO him THE CONTENTS THEREOF AT their place of business, 17 S. Market St. Harrisburg,Pa. SO ANSWERS uo ,-0 SHERIFF OF DAUPHIN COUNTY, PENNA BY ?DEPU'I'Y SIIERII'F Sworn and subscrihod In before me this 8t (lily Of Sept. s-6-? urn 6. Alw- xa) PRO'1'IIONOTARY I `1 95 SIIEIiIPI"s COST' 4;?r?o S•IA SHERIFF'S RETURN - REGULAR CASE NOS 1995-04702 P COUNTYWOFLCUMBERLANDSYLVANIAs BIKLE H DWIGHT M D VS. CAPITAL HEALTH SYSTEM SERVICES ILLI B U A , Sheriff or Deputy Sheriff of Pennsylvania, who being duly sworn according CUMBERLAND County, was served to law, says, the within WRIT OF SUMMONS the upon SEIDLE MEMORIAL HOSPITAL 7th da of September defendant, at 1055:00 HOURS, an the day 1995 at 122 SOUTH FILBERT STREET CUMBERLAND MECHANICSBURG PA 17055 County, Pennsylvania, by handing to SHIRLEY GRAMS EXECUTIVE SECRETARY , a true and attested copy of the WRIT OF SUM ONS and at the same time directing Her attention to the contents thereof. So answers: Sheriff's Costa: 6 Docketing . )? Tom= c" :.i. Service .00 ,00 eri f?--- Affidavit 2.00 ,, omas ins, Surcharge 09/R1351995NIGt{T by epu y eri Sworn and subscribed to before me this day of 19 A. D. ro ions ary Court cr C..mmcn i-fe_m cr H. Dwight Dikle M.D. V5. Capital Health Systemsservices t/d/b/a Capital Health Systems ? No. QS-470 .rte Now, qt%p rPmhar 1 . :9.91, ?, S'P.__=7 OF AND COUNVI" ?3.., do . _ by d:7=6-= r_ Sec- of Dauphin Cou: r! :o _is 1V ti ?u==ca big at = u_--t :=d :mac of ==-M See=j of C* a I=d Cmu=7, ?a. A:ffid'av of Sc:ziG Now, to -.IVL __ wr:^•^ aeoa aL by '^^C33 0 a c--or c! r mad !=own x So a =W=I. 5?? o! COSTS Swor aad =bsceed bean =_ •_m day ci ?tiZe ic^ \f-!T EAGc _ .A=. A'rTj. Couap, ?m. s P-• 'J H. DWIGHT BIKLE, M.D. Plaintiff V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/bla CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL, A DIVISION OF CAPITAL HEALTH SYSTEM Defendants .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-.4/70A u? : la Y lL Al. i avi? - un r r JURY TRIAL DEMANDED I PRAECIPE TO ISSUE A WRIT OF SUMMONS I TO: LAWRENCE E. WELKER, PROTHONOTARY Please issue a Writ of Summons against the Defendants and enter my appearance on behalf of the plaintiff, H. Dwight Bikle, MA Please have the defendants served at the following addresses: 1. CAPITAL HEALTH SYSTEM SERVICES 17 South Market Square P. O. Box 8700 Harrisburg, Pennsylvania 17105-8700 2. SEIDLE MEMORIAL HOSPITAL 122 South Filbert Street Mechanicsburg, Pennsylvania 17055 i By: Respectfully submitted, IRWIN, IRWW& McKNIGHT arcus A. Knight l upreme urt LD. # 2 60 West omfret Street Carlisle PA 17013 Attome for the Plaintiff H.' ah ikle. M.D/ Esquire Date: August 31ST, 1995 ars ? Y ?-t u1 fi - ? V Z C:+Z N IrOVK L xn? ?1' (J t Y I I. i u `J CCCC\\\\\\\ •I II.. Commonwealth of Pennsylvania County of Cumberland H. Dwight Bikle, M.D. V. Capital Health System Services, t/a/d/b/a Capital Health System 17 S. Market Sq. P O Box 8700 Harrisburg PA 17105-8700 Seidle Memorial Hospital, a Division of Capital Health System 122 S. Filbert St. Mechanicsburg PA 17055 Court of Common Pleas 95-4702 Civil Civil Action - Law ----- 19_... To _ Capital Health System Ser_v_ices, t/a/d/b/a Capital Health System and Seidle Memorial Hospital, a Division of Capital Health System: You are hereby notified that H. Dwight 81k1e, M.D. ------------------------------------------------------------------------------------------------- Summons the Plaintiff has commenced an action in ________-------------- Civil -Act-ion----Law -------- against you which you arc required to defend or a default judgment may be entered against you. (SEAL) Date .. ltu?uet-31' ............. 1995- By i U N 0 t` V' 1 cn m z A 11 .-I x in N 4 01 A x d '-1 N J rr4 u m a •14 U I f 44 N { H E O H M E 1 4 C 4-1 4J 0 ? a o In ?b •? • . N 4J •ri 11 M = D N Q 0 1 M M pq 44) i C a. W m o C ? a w x •> V ro S N , \ rl In rn u N ri A C 1 v?EV41 •• 41 ro 11 •.1 4+ ` rl •., ? 4, a._, r ! ammom U 41 N xx? U F1 II e H. DWIGHT BIKLE, M.D., Plaintiff V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL A DIVISION OF CAPITAL HEALTH SYSTEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .954702 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO ISSUE AN AMENDED WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue an Amended Writ of Summons against the defendants: Pinnacle Health System Capital Health System Services 17 South Market Street P. O. Box 8700 Harrisburg, PA 17105-8700 Seidle Memorial Hospital 122 South Filbert Street Mechanicsburg, PA 17055 Respectfully submitted, IRWIN, McKN HT & HUGHES By; Marcus WA. -McKnight,1 I, sq re 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court 1.D. No: 25476 Attorney for Plaintiff, H. Dwight Bikle, M.D. , Date: October 27, 1998 H. DWIGHT BIKLE, M.D., Plaintiff V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL A DIVISION OF CAPITAL HEALTH SYSTEM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :954702 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct copy of the Praecipe To Issue An Amended Writ of Summons was served by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following: Pinnacle Health System Capital Health System Services 17 South Market Street P. O. Box 8700 Harrisburg, PA 17105-8700 Seidle Memorial Hospital 122 South Filbert Street Mechanicsburg, PA 17055 IRWIN, McKNIGHT & By: Marcuil A. McKnight, 11, ES 60 West Pomfret St e Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 27, 1998 Commonwealth of Pennsylvania County of Cumberland AMENDED WRIT OF SLtMNS H. Dwight Bikle, M.D. VS. PINNACLE HEALTH SYSTEM CAPITAL HEALTH SYSTEM SERVICES 17 SOUTH MARKET STREET P.O.BOX 8700 HARRISBURG, PA 17105-8700 SEIDLE MEMORIAL HOSPITAL 122 SOUTH FILBERT STREET MECHANICSBURG, PA 17055 Court of Conunon Pleas No. __.95= 4702 _Civ_il_Term ----------- 19--_- In -__ Ci_v-il_Action= -Iaw----- To _Pjnnacle_Health..System.-Capital_Health System Services and Seidle Memrial Hospital You are hereby notified that _H. Dwight Bikler M_D---------------------------- the Plaintiff has commenced an action in --Summns_ ._.Ciyil-ActiorL_ -Late[-------------------- against you which you are required to defend or a default judgment may be entered against you. (SEAL) - -ClleTJS-B.-LOWL---------------------- Prothonotary Date _.._October_27--_°- °-- 1998_ "Blr Deputy /v N ?43 rl o en C, rri tD .C G1 3: i N { j RC A N N N? d ? x ?c?? ? ? 1?DUrH z i i H. DWIGHT BIKLE, M.D., Plaintiff V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a/ CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL, A DIVISION OF CAPITAL HEALTH SYSTEM, Defendants ,,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4702 CIVIL TERM AND NOW, this 27th day of October, 1998, upon consideration of Plaintiff's Petition, it is ordered that (1) a rule is issued upon Defendants to show cause, if any they have, why Plaintiff is not entitled to the relief requested; (2) Defendants shall file an answer to the petition within 21 days of this date; (3) the Petition shall be decided under Pa. R.C.P. 206.7; (4) depositions shall be completed within 35 days of this date; (5) argument shall be held on Friday, February 12, 1999, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; and (6) notice of the entry of this order shall be provided to all parties by Plaintiff. BY THE COURT, 'I ?&4? ok J. csley Olc r., J. meo-orFic- r,F TI'F n :PIOPRY 90 PTT 29 Nfi l l "I'l . n• f Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Capital Health System Services 17 South Market Street P.O. Box 8700 Harrisburg, PA 17105-8700 Defendant Pro Se Seidle Memorial Hospital 122 South Filbert Street Mechanicsburg, PA 17055 Defendant Pro Se :rc yW? 5}? H. DWIGHT BIKLE, M.D., Petitioner V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL, A DIVISION OF CAPITAL HEALTH SYSTEM, Respondents : IN THE COURT COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 954702 CIVIL TERM LIVIL At.I MY-LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this _ day of October, 1998, a rule to show cause why this matter should not be kept open as requested by the Petitioner, H. Dwight Bikle, M.D., on the Cumberland County Civil Docket, is hereby issued to the defendants, Capital Health System Services, t/a/d/b/a Capital Health System and Seidle Memorial Hospital, a Division of Capital Health System. THIS rule is returnable in days from the date of service. BY THE COURT, J. H. DWIGHT BIKLE, M.D., Petitioner : IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-47o2 CIVIL TERM V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL, A DIVISION OF CAPITAL HEALTH SYSTEM, Respondents CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION AND NOW, comes the petitioner, H. Dwight, M.D., by and through his attomeys, Irwin, McKnight & Hughes, and files this T'etition, making the following statement: 1. The petitioner in this matter is H. Dwight Bikle, M.D., and the respondents are Capital Health System Services, t/a/d/b/a Capital Health System, and Seidle Memorial Hospital, a Division of Capital Health Systems. 2. 'i On or about August 31, 1995, an action was filed by the petitioner against the respondents by Praecipe for a Writ of summons. 3. The petitioner will file within five (5) days a Complaint in this case which will require the Answer of the respondents. WHEREFORE, the petitioner, H. Dwight Bikle, M.D., respectfully requests that this matter not be purged from the Civil Docket list but remain active. Date: October 26,1998 Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Marcus A. McKnight, I sq ire Attorney for Petitioner H. Dwight Bikle, M.D. 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No. 25476 . w H. DWIGHT BIKLE, M.D., Petitloner V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL, A DIVISION OF CAPITAL HEALTH SYSTEM, Respondents : IN THE COURT COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 954702 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Marcus A. McKnight, 111, Esquire, hereby certify that on this date a true and correct copy of the Rule to Show Cause and Petition was served by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following: Capital Health System Services 17 South Market Street P. O. Box 8700 Harrisburg, PA 17105-8700 Seidle Memorial Hospital 122 South Filbert Street Mechanicsburg, PA 17055 IRWIN, McKNIGHT & HUGHES By: Marcos A. Mc#night, tt-E l 60 West Po?? met Street Carlisle, Penny Ivania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 26, 1998 If. DWIGHT BIKLE, M.D., Plaintiff, V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 95 - 4702 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFEND 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, order 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 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 2 Liberty Avenue r) Carlisle, Pennsylvania 17013 (717) 249-3166 (8()0) 99O-9108 Americans Mill Disabilities i i Act of 1990 The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations availahle to disabled individuals having business before the court, please contact our office, All arrangements must be mnde at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. H, DWIGHT BIKLE, M.D., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW No. 95 - 4702 CIVIL TERM CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH JURY TRIAL DEMANDED SYSTEM, Defendants. COMPLAINT AND NOW, this 29th day of October, 1998, conics the plaintiff, H. DWIGHT BIKLE, M.D., by his attorneys, Irvin, McKnight & Hughes, and makes the following Complaint against the Defendants, CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM, and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, averring as follows: Plaintiff is H. Dwight Bikle, M.D., an adult individual residing at 40 Longview Drive, `., Mechanicsburg, Pennsylvania, 17055. 2. Defendant Capital {iculth System Services ("Capital Health") was n Pennsylvania non- profit corporation trading and doing business as Capital Health System and having its principal place of business at 17 South Market Square, P.O. Box 8700, Harrisburg, Pennsylvania 17105- 8700. 1 ;I ? H. DWIGHT BIKLE, M.D., : IN THE COURT Of COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 95 - 4702 CIVIL TERM CAPITAL HEALTH SYSTEM SERVICES, Ua/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH JURY TRIAL DEMANDED SYSTEM, Defendants. COMA PLC i AND NOW9 this 30th day of October, 1998, comes the Plaintiff, H. DWIGHT BIKLE, M.D., by his attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against J the Defendants, CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH =' ¢ SYSTEM, now known as PINNACLE HEALTH SYSTEM, and SEIDLE MEMORIAL -E HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, averting as follows: l . s Plaintiff is H. Dwight Bikle, M.D., an adult individual residing at 40 Longview Drive, Mechanicsburg, Pennsylvania, 17055- y 2. t Defendant Capital Health System Services ("Capital Health") was a Pennsylvania non apital Health profit corporation trading and doing business as C System Lind having its principal place of business at 17 South Market Square, P-O. Box 8700, Harrisburg, Pennsylvania 17105- 8700. I 3. On or about December 29, 1995, Defendant Capital Health merged with Harrisburg Polyclinic Health System, a Pennsylvania non-profit corporation having its principal place of business at 17 South Market Square, P.O. Box 8700, Harrisburg, Pennsylvania 17105-8700. 4. On or about December 29, 1995, Harrisburg Polyclinic Health System changed its name to Pinnacle Health System. 5 Defendant Seidle Memorial Hospital ("Hospital') was a hospital operating in Mechanicsburg, Cumberland County, Pennsylvania as a division of Capital Health System, and is currently a hospital operating as a division of Pinnacle Health System and having its principal place of business at 120 South Filbert Street, Mechanicsburg, Pennsylvania 17055. 6. H. Dwight Bikle, M.D., is a physician duly licensed in Pennsylvania who practices anesthesiology. He had previously entered into a contract with the Hospital to provide anesthesia services to the Hospital. 7. Dr. Bikle was a member of the Hospital staff with all privileges to practice anesthesia in said Hospital and until August 31, 1994 was also head of the anesthesia department at Scidle Memorial Hospital. 3 S. On or about August 31, 1994, Dr. Bikle was notified that his contract to provide anesthesia services at Seidle Memorial Hospital would not be renewed effective September I, 1994. He was thereby effectively removed as acting head of the anesthesia department at the Hospital. A copy of the notification letter is attached hereto and incorporated herein by reference as Exhibit "A." 9. On September 1, 1994, Dr. Bikle still maintained his privileges at the Hospital, and in fact maintained his hospital privileges and medical license throughout 1995. 10. On September 1, 1994 when Dr. Bikle attempted to provide anesthesia services he was removed from the operating room by Hospital officials. The Defendants conspired and did prohibit Dr. Bikle from performing any anesthesia services throughout the remainder of 1994 and continuing through the calendar year of 1995. COUNTI BREACH 017 CONTRACT 12. The nverments of fact alleged in items one (1) through eleven (11) tire made a part hereof and tire incorporated herein by reference as if set forth in their entirety. 4 13. On or about June of 1994, Plaintiff had reached a verbal agreement with David Cash, Seidle Memorial Hospital Administrator, that his contract would be renewed for two (2) additional years. 14. Despite repeated requests, the Defendants failed without legal justification or cause to honor this verbal agreement. 15. While Plaintiff had the right to practice his profession on the staff at Seidle Memorial Hospital after September I, 1994, the Defendants prohibited Plaintiff from practicing his profession at the Hospital after September I, 1994, and continuing throughout 1995. 16. As a result of Defendants' wrongful acts, Plaintiff suffered lost income as follows: a. From September I, 1994 to December 31, 1994: S 48,152.00 b. From January I, 1995 to December 31, 1995: $144.458.00 Total Lost Income: $192,610.00 WHEREFORE, Plaintiff demands damages against the Defendants in the amount of One Hundred Ninety-Two Thousand Six Hundred Ten and no/100 (SI92,6I0.00) Dollars, with costs and interest as permitted by law, and such other and further relief as this Court shall deem fair, just and proper. 5 COUNT 11 BREACH OF FIDUCIARY DUTY 17. The averments of fact alleged in items one (1) through sixteen (16) arc made a part hereof and are incorporated herein by reference as if set forth in their entirety. 0 18. By virtue of his medical privileges with Defendant Hospital, Plaintiff Bikle occupied a 1 position of trust and confidence, namely, to provide medical services as a physician anesthesiologist. 19. Defendants had a fiduciary relationship with Plaintiff, and a corresponding duty not to undermine the relationship Dr. Bikle had with his patients. Y 20. '$ Nevertheless, Dr. Bikle has been prohibited from engaging in the practice of anesthesiology by the Defendants. 11 i 21. By engaging in the conduct described, the Defendants have breached their fiduciary duty owed to Dr. Bikle. s .I {!j 6 WHEREFORE, Plaintiff demands damages against the Defendants in the amount of One Hundred Ninety-Two Thousand Six Hundred Ten and no/100 (5192,610.00) Dollars, with costs and interest as permitted by law, and such other and further relief as this Court shall deem fair, just and proper. COUNT III 22. The averments of fact alleged in items one (1) through twenty-one (21) are made a part hereof and are incorporated herein by reference as if set forth in their entirety. 23. Defendant Hospital, improperly and without legal justification, has engaged in conduct which interfered with the right of Plaintiff Bikle to provide services to patients. 24. On September I, 1994, Plaintiff Bikle had arranged with a surgeon and a patient to provide anesthesia medical services but by physical removal was prevented by Defendants from continuing to provide anesthesia medical services. 25. The foregoing conduct was intentional, and has caused serious damage to Plaintiff with respect to his contractual and business relationships. 7 WHEREFORE, Plaintiff demands damages against the Defendants in the amount of one Hundred Nincty-Two Thousand Six Hundred Ten and no/100 ($192,610.00) Dollars, with costs and interest as permittcd by law, and such other and further relief as this Court shall deem fair, just and proper. Date: October 29, 1998 DOMIAIAI.ICOURITXX411KI.R • COMPLAINT Respectfully submitted, IRWIN. AKNIQhT & HUGHES Suprcnlc Co . . No. 60 Wcst P mfirct Street Carlisl • Pennsylvania 1 (717) 49-2353 Attorney for PlaintitT, H. Dwight Dikle, M.D. EXHIBIT "A" ,W^+,-.- .... HARRISBURG HOSPITAL CA CAPITAL HEALTH SYSTEM HOSPITAL 111 SOUTH FRONT STREET HARRISBURG. PA 17101.2099 August 30, 1999 Harry D. Bikle, M.D. 50 Longview Drive Mechanicsburg, PA 17055 Dear Dr. Bik.le: I am writing at your request to follow-up the conversation that you and I had earlier today regarding anesthesia coverage at Seidle. As you have been notified, your employment at Seidle was not renewed beyond August 31, 1999. As I indicated to you earlier today, Seidle has determined that it is in the best interest of the hospital to enter into an exclusive anesthesia provider agreement with the Glarmn group and Dr. Forsythe. We believe that such a contract will increase efficiency, coverage and managed care responsiveness. Since Glamm is the exclusive provider at Harrisburg Hospital, we will now have a system wide approach to anesthesia coverage. Such an approach will increase quality and lower cost. In light of the exclusive contract agreement at Seidle, we will not be in a position to permit you to provide anesthesia services after expiration of your employment agreement August 31, 1999. Please contact me if you have any questions. Si7erely, Colleen M. Schw R.N. Director Surgica Services lsh c: Susan Edwards, Senior Vice President & COO Sue Egenrieder, R.N., Surgical Services Nurse Manager Keith Maliniak, M.D., Chairman Department of Anesthesia Dr. Won, Chairman Seidle OR Committee V HFA • INmpa d MJUryri, IYM ash J Nh'4J1 K VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they arc true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. DWI HT BI Et D. Date• H. DWIGHT BIKLE, M.D., Plaintiff, V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL IIEALTII SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 95 - 4702 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct copy of the Complaint was served by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following: Pinnacle Health System Capital Health System Services 17 South Market Street P. O. Box 8700 Harrisburg, PA 17105.8700 Scidle Memorial Hospital 122 South Filbert Street Mechanicsburg, PA 17055 By: IRWIN, UGIIES 60 West'Pomfret Str&t-? Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 17, 1998 F t? ? 4 rAr' i ) IT I - - ) pK r 1 ] t Y t?FiS;s S J •. lip '''S5S r fit {M1 ',I•?Iry1 : Et . ? ?% ,t ? I x•1 J. , ??. m S -'l J? •7 S ;M1{ ? 2?K : J y S t Q f _ i l l f ', t, f F is ..r 1. H. DWIGHT BIKLE, M.D., Plaintiff, v CAPITAL HEALTH SYSTEM, SERVICES Ua/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL a Division of CAPITAL HEALTH SYSTEM, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 954702 CIVIL TERM JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Richard C. Seneca, Esquire in behalf of the Defendants, Capital Health System Services, t/a/d/b/a Capital Health System, now known as Pinnacle Health System and Seldle Memorial Hospital, a Division of Capital Health System in the above-captioned action. Richard C. Seneca, Esquire Supreme Court ID No. 49807 Pinnacle Health System P.O. Box 8700 Harrisburg, PA 17105-8700 (717) 782-4118 J? i 1, Richard C. Seneca, Esquire, hereby certify that a copy of the foregoing Entry of Appearance was served upon the following by depositing a true and correct copy of the same In L " the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania on the day of November 1998, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight and Hughes 80 West Pomfret Street Carlisle, PA 17013 Counsel forthe Plaintiff Richard C. Seneca, Esquire Supreme Court ID #49807 ?r.r t t t ?tl to bh?? 1 i ?7 l)r F YG ' L + t 1 A. $}?2. 1 Z ipl r 4i.. OFF r dl4[`?, i nl 1 ?. 1 , k_x?t t t?4rF ? /: ' ??tG L ( t + 1 c r 1-4 Q H. DWIGHT BIKLE, M.D., Plaintiff, v CAPITAL HEALTH SYSTEM, SERVICES Uald/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL a Division of CAPITAL HEALTH SYSTEM, Defendants. AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION • LAW : NO. 85-4702 CIVIL TERM JURY TRIAL DEMANDED ORDER upon consideration of the preliminary objections of the Defendants together with the briefs and arguments of the parties, it is hereby Ordered that the Defendants' objections are granted and the Complaint is stricken with leave granted to file an amended complaint within twenty days from the date of this Order. Defendant, Capital Health System's demurrer is granted and it is dismissed from this action. BY ORDER OF THE COURT H, DWIGHT BIKLE, M.D., Plaintiff, V CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM AND SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVLANIA CIVIL ACTION - LAW :NO. 95-4702 CIVIL TERM : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS, CAPITAL HEALTH SYSTEM SERVICES t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants by and through their counsel, pursuant to Pa.R.C.P. No. 1028, 42 Pa.C.S.A. to raise preliminary objections to the Plaintiffs Complaint and in support thereof aver as follows: Background 1. This action was commenced by the filing of a Praecipe for a Writ of Summons filed on August 31, 1995, and a writ was thereafter issued. 2. A Praecipe to Issue an Amended Writ of Summons was filed on October 27, 1598, however, an Amended Writ of Summons was not thereafter Issued. 3. A Complaint was filed on November 17, 1998, to which the instant preliminary objections are being raised. Preliminary Oblection for Failure of the Pleading to Conform to Law or Rule of Court 4. In Paragraph 8 of the Complaint, the Plaintiff avers that he had a contract to provide anesthesia services at Seidle Memorial Hospital which agreement was not renewed as of September 1, 1994. 5. In Paragraph 13 of the Complaint, the Plaintiff avers that he had reached a verbal agreement with a representative of Seidle Memorial Hospital to renew the written agreement for two additional years. 8. The Plaintiff has failed, however, to attach a copy of the written agreement which he contends was renewed to his Complaint. 7. Pa.R.C.P. No. 1019 (h), 42 Pa.C.S.A. provides that a pleading shall set forth whether a claim is based upon a writing and, if so, the pleader must attach a copy of the writing to the Complaint or state that a copy of the same is not available to him. 8. The Plaintiff has failed to state that a copy of the contract Is not available to him. 9. The Complaint is therefore violative of Pa.R.C.P. No. 1019 (h), 42 Pa.C.S.A. and should be stricken on grounds that it is has failed to conform to law or rule of court. Pa.R.C.P. No. 1028 (a)(2), 42 Pa.C.S.A. WHEREFORE, the Defendants respectfully request that this Honorable Court strike off the Complaint and order the Plaintiff to filed an amended Complaint attached with the agreement upon which the Complaint is based, 2 T J0. In Count I (Breach of Contract) Of the Complaint, the Plaintiff alleges that Defendant. Seidle Memorial Hospital breached an oral agreement previously reached between the Plaintiff and S ertnee s establishing tthe existence of an 11. The Plaintiff has not set forth any additional av agreement. failed to allege any of the terms of the verbal agreement. 12, The Plaintiff has igreement. 13. The Plaintiff has failed to allege the consideration e parties tot he agreement. 14. The Plaintiff has failed to allege the identities of the parties. 15. The Plaintiff has failed to allege the effect'date ementhe t of agreement be specifically 1e. Pennsylvania common law requires that every pleaded and clarity is especially important when an oral contract is pleaded. 17. The Plaintiffs Complaint is, therefore, legally Insufficlent (Pa.R.C.P. No. 1028 (a)(4), 42 Pa.C.S.A.) and the Defendants demur thereto. request that this Honorable court grant WHEREFORE, the Defendants respectfully taint or, in the altemetive, their demurrer to the Complaint and dismiss Count I of the Comp strike off Count I of the Complaint and order the Plaintiff to file a more specific complaint. 18. In Count II (Breach of Fiduciary Duty) of the Complaint, the Plaintiff alleges that Defendant, Seidle Memorial Hospital had a fiduciary relationship with the plaintiff in his capacity as a member of the Medical Staff of Seldle Memorial Hospital. 19. The Plaintiff does not aver the essential elements of a breach of fiduciary duty claim 1 against Defendant, Seidle Memorial Hospital. i 20. Pennsylvania law does not provide that a hospital owes any fiduciary duty to a member of the medical staff of the facility. 21. Absent the existence of any statutory or common law establishment of a fiduciary obligation of a hospital to a member of Its medical staff there can exist no basis upon which the Plaintiff can prevail on a claim of breach of fiduciary duty. 22. Count II of the Plaintiff's Complaint is legally Insufficient. Pa.R.C.P. No. 1028 (a)(4), 42 Pa.C.S.A. WHEREFORE, the Defendants respectfully request that this Honorable Court grant its demurrer and dismiss Count II of the Complaint. Preliminary Oblection in the Nature of a Demurrer to Count III 23. In Count III (Third Party Tortious Interference with Contract), the Plaintiff alleges that the f+ Defendant Hospital engaged in conduct which Interfered with the right of the Plaintiff to provide services to patients. 24. The Plaintiff has not alleged facts to establish that the acts complained of were willful or Intentional. 25. The Plaintiff has failed to allege facts to establish that the acts complained of were calculated to cause damage to the Plaintiff in his practice. 28, The Plaintiff has failed to allege facts to establish that the acts complained of were done with the unlawful purpose of causing damage and loss to the Plaintiff without justification. 4 .1 } 27. The Plaintiff has, therefore, failed to set forth facts to establish and support the essential elements of a cause of action for tortious Interference with contract. 28. The Plaintiff has failed to allege facts to establish that he sustained actual loss and damages as a result of alleged tortious conduct of the Defendant Hospital. 29. The Plaintiffs Complaint is, therefore, legally insufficient (Pa.R.C.P. No. 1028 (a)(4), 42 Pa,C.S.A.) and the Defendants demur thereto. WHEREFORE, the Defendants respectfully request that this Honorable Court grant their demurrer to the Complaint and dismiss Count III of the Complaint or, in the alternative, strike off Count III of the Complaint and order the Plaintiff to file a more specific complaint. Preliminary Objections in the Nature of a Demurrer for Failing to Aver any Counts Against Defendant. Capital Health System 30. In Paragraph 2 of the Complaint, the Plaintiff avers that Defendant, Capital Health System was a Pennsylvania non-profit corporation. 31. In Paragraph 5 of the Complaint, the Plaintiff avers that Defendant, Seidle Memorial Hospital was a hospital operating in Cumberland County and was a division of the Capital Health System. 32. All of the averments of the Complaint are directed to Defendant, Seidle Memorial Hospital and there are no fact allegations which raise any claim against Defendant, Capital Health System. 33. The Complaint against Defendant, Capital Health System is, therefore, legally insufficient (Pa.R.C.P. No. 1028 (a)(4), 42 Pa.C.S.A.) and the Defendant, Capital Health System 5 demurs thereto. WHEREFORE, Defendant, Capital Health System respectfully requests that this Honorable Court grant Its demurrer and dismiss It from this action. Respectfully submitted, Richard C. Seneca, Esquire Supreme Court ID #49807 Pinnacle Health System P.O. Box 8700 Harrisburg, PA 17105-8700 (717) 857-7503 Attorney for Defendants 6 CERTIFICATE OF SERVICI, S I, Richard C. Seneca, Esquire, hereby certify that a copy of the foregoing Preliminary Objections of Defendants, Capital Health System t/a/d/b/a Capital Health System, now known as Pinnacle Health System and Seidle Memorial Hospital, a Division of Capital Health System to Plaintiff's Complaint, was served upon the following by depositing a true and correct copy of the same in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania on the 7m day of December, 1998, addressed as follows: Marcus A. McKnight, Ill, Esquire Irwin, McKnight and Hughes 80 West Pomfret Street Carlisle, PA 17013 Richard C. Seneca, Esquire Supreme Court ID #49807 H, DWIGHT BIKLE, M.D., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CAPITAL HEALTH SYSTEM SERVICES, t/d/b/a CAPITAL HEALTH SYSTEM, AND SEIDLE MEMORIAL HOSPITAL, A DIVISION OF CAPITAL HEALTH SYSTEM, Defendants NO. 95-4702 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 1998, upon consideration of the attached letter from Richard C. Seneca, Esq., attorney for Defendants, the above-captioned matter is hereby removed from the civil purge list, oral argument previously scheduled in this matter for February 12, 1999, is cancelled, and additional obligations set forth in the court's prior order of October 27, 1998, are vacated. BY THE COURT, 1 Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Richard C. Seneca, Esq. Director of Legal Services P.O. Box 8700 Harrisburg, PA 17105-8700 Attorney for Defendants :rc J. I O Oler, r., J. . - - -, : ; j:u r ism . N 1'" A. MWpAddrm: IetNAaOCe[N[fil ltpNNNI P.O. ON 0700 O+KOr 1Webxg, PA 111050100 ltgY Senxn Location. 7V iflb111M1 2WI North Third 51. 111162 M10 to t1nktex0, PA V 110 New office location. ` Community General 717 657.7503 Osteopathic Hospital 717 657.7344 Fox 4300 Londonderry Road PI NNACLEHEALTH Harrisburg, PA 17108 System December 10, 1998 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: H. Dwight Blkle, M.D. v. Capital Health System services, et al. Docket No,: 954702 Civil Term Dear Judge Oler: There Is scheduled before you oral argument on February 12, 1999, at 1:30 p.m. in the above-captioned action on a petition filed by the plaintiff requesting that this case not be purged from the civil docket list I represent all of the defendants. entered my appearance In this case on November 25, 1998, Your.Order setting this matter down for oral argument was Issued on October 27, 1998. Since that time, the plaintiff has filed a complaint which I believe renders moot the plaintiffs petition to be permitted to keep this matter active. Rather than burden the Court's schedule with oral argument on plaintiffs motion, I filed preliminary objections to the complaint on December 7, 1998, I would, therefore, respectfully request that the February 12, 1999, argument be canceled. I have communicated with Marcus A. McKnight, III, Esquire counsel for the plaintiff, regarding this matter and he concurs in this request. ?Sincerely, Richard C. Seneca Director of Legal Services caw c: Marcus A, McKnight, III, Esquire ? H. DWIGHT BIKLE, M.D., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CAPITAL HEALTH SYSTEM No. 95 - 4702 CIVIL TERM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, JURY TRIAL DEMANDED Defendants NOTICE TO DEFEND 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, order 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For intonnntion about accessible facilities and reasonable accommodations available to disabled individunls hnving business before the court, please contact our office. All arfangements must be made tit least 72 hours prior to tiny hearing or business before the court. You must attend the scheduled conference or hearing. H. DWIGHT BIKLE, M.D., Plaintiff V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 95 - 4702 CIVIL, TERM t JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, this 21st day of December, 1998, comes the Plaintiff; H. DWIGHT BIKLE, M.D., by his attorneys, Irwin, McKnight & Hughes, and makes the following Amended Complaint against the Defendants, CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM, and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, averring as follows: Plaintiff is H. Dwight Bikle, M.D., an adult individual residing at 40 Longview Drive, Mechanicsburg, Pennsylvania, 17055. 2. Defendant Capital Ilealth System Services (,,Capital Health',) was it Pennsylvania non- profit corporation trading and doing business as Capital Health System and having its principal place of business at 17 South Market Square, P.O. Box 8700, Harrisburg, Pennsylvania 17105- 8700. 1) 3. Defendant Seidel Memorial Hospital was a solely owned subsidiary of Capital Health System Services, t/a/d/b/a Capital Ilealth System in August of 1994. 4. On or about December 29, 1995, Defendant Capital Health merged with Harrisburg Polyclinic Health System, a Pennsylvania non-profit corporation having its principal place of business at 17 South Market Square, P. 0. Box 8700, Harrisburg, Pennsylvania 17105-8700. 5. On or about December 29, 1995, Harrisburg Polyclinic Health System changed its name to Pinnacle Health System. 6. Defendant Scidle Memorial Hospital ("Hospital') was a hospital operating in Mechanicsburg, Cumberland County, Pennsylvania as a division of Capital Health System, and is currently a hospital operating as a division of Pinnacle Health System and having its principal place of business at 120 South Filbert Street, Mechanicsburg, Pennsylvania 17055. 7. H. Dwight Bikle, M.D., is a physician duly licensed in Pennsylvania who practices anesthesiology. He had previously entered into a contract with the Hospital to provide anesthesia services to the Hospital. A copy of that contract is marked as Exhibit "A" and is attached hereto and made a part of this Complaint. 3 B. Dr. Bikle was a member of the Hospital stalTwith all privileges to practice anesthesia in said Hospital and until August 31, 1994 was also head of the anesthesia department at Seidle Memorial Hospital. 9. On or about August 31, 1994, Dr. Bikle was notified that his contract to provide anesthesia services at Scidle Memorial Hospital would not be renewed effective September 1, 1994. He was thereby effectively removed as acting head of the anesthesia department at the Hospital. A copy of the notification letter is attached hereto and incorporated herein by reference as Exhibit "B." 10. On September I, 1994, Dr. Bikle still maintained his privileges at the Hospital, and in fact maintained his hospital privileges and his medical license throughout 1995. I1. On September 1, 1994 when Dr. Bikle attempted to provide anesthesia services he was removed from the operating room by Hospital officials of Seidel Memorial Hospital as directed by officials of Capital Health System Services. 12. The Defendants conspired and did prohibit Dr. Bikle from performing any anesthesia services throughout the remainder of 1994 and continuing through the calendar year of 1995. 4 COUNTI BREACH Or CONTRACT 13. The averments of fact alleged in items one (1) through twelve (12) are made a part hereof and are incorporated herein by reference as if set forth in their entirety. 14. On or about April 15, 1994, Plaintiff had reached a verbal agreement with David Lash, Vice President and Chief Operating Officer, Scidle Memorial Hospital, that his contract would be renewed for two (2) additional years beginning September I, 1994. Said Agreement was binding upon the defendants, Seidel Memorial, Capital Health and its successor, Pinnacle Health System. 15. Despite repeated requests, the Defendants failed without legal justification or cause to honor this verbal agreement. 16. While Plaintiff had the right to practice his profession on the staff at Seidle Memorial Hospital after September 1, 1994, by right of his continuing hospital privileges, the Defendants prohibited Plaintiff from practicing his profession at the Hospital after September 1, 1994, and continuing throughout 1995. On September I, 1994, hospital officials called security in order to physically escort Dr. Bikle from the operating room where he was ready to provide services to a patient. 5 17. As a result of Defendants' wrongful acts, Plaintiff suffered lost income as follows: a. From September I, 1994 to December 31, 1994: S 48,152.00 b. From January 1, 1995 to December 31, 1995: $144,458.00 Total Lost Income: $192,610.00 WHEREFORE, Plaintiff demands damages against the Defendants in the amount of One Hundred Ninety-Two Thousand Six Hundred Ten and no/100 (S 192,610.00) Dollars, with costs and interest as permitted by law, and such other and further relief as this Court shall deem fair, just and proper. COUNT II BREACH OF FIDUCIARY DUTY 18. The averments of fact alleged in items one (1) through seventeen (17) are made a part hereof and are incorporated herein by reference as if set forth in their entirety. 19. By virtue of his medical privileges with Defendant Hospital, Plaintiff Bikle occupied a position of trust and confidence, namely, to provide medical services as a physician anesthesiologist. 6 20. Defendants had a fiduciary relationship with Plaintiff, and a corresponding duty not to undermine the relationship Dr. Bikle had with his patients. 2L s in the practice of Nevertheless, Dr. Bikle has been prohibited from engaging anesthesiology by the Defendants. 22. I fendants have breached their fiduciary duty y engaging in the conduct described, the De 13y engaging in the conduct described, the De owed to Dr. Bikle. WHEREFORE, Plaintiff demands damages against the Defendants in the amount of One Hundred Ninety-Two Thousand Six Hundred Ten and no/100 ($192,610.00) Dollars, with costs and interest as permitted by law, and such other and further relief as this Court shall deem fair, just and proper. COUNT Ill x 23. The averments of fact alleged in items one (1) through twenty two (22) are made a part hereof and are incorporated herein by reference as if set forth in their entirety. 7 24. Defendant Hospital, improperly and without legal justification, has engaged in conduct which interfered with the right of Plaintiff Bikle to provide services to patients. 25. On September I, 1994, Plaintiff 13ikle had arranged with a surgeon and a patient to provide anesthesia medical services but by physical removal was prevented by Defendants from continuing to provide anesthesia medical services. 26. The foregoing conduct was intentional, and has caused serious damage to Plaintiff' with respect to his contractual and business relationships. WHEREFORE, Plaintiff demands damages against the Defendants in the amount of One Hundred Ninety-Two Thousand Six Hundred Ten and no/100 ($192,610.00) Dollars, with costs and interest as permitted by law, and such other and further relief as this Court shall deem fair, just and proper. Respectfully submitted, IRWIN, NcKNIGHTA HUGHES /"; V- I ?7? Date; December 21, 1998 1I WNIMAAI'I0lk1INXg11K11:-(OMMAINI Marcu JA. McKnight II, E`s Supreme court LD. N . 25476 60 West PomGct Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, 11. Dwight Dikle, M.D. 8 EXIi1BIT "A" I. . AGREEMENT AGREEMENT dated and effective this 1st day of September, and executed September 1, 1992, between Seidle Memorial Hospital, Inc., having its principal place of business in Mechanicsburg, Cumberland County, Pennsylvania hereinafter referred to as Seidle, and Harry Dwight Bikle, M.D. of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Physician"). W I T N E S S E T H: WHEREAS, Seidle as a part of its activities for the efficient operation of its facility and for the benefit of its patients manages an Operating Room ("OR") in which there is located equipment and services requiring the professional medical services of physicians trained in either primary care, family medicine; WHEREAS, the physician is duly licensed, is qualified as a physician in the practice of medicine, and is willing to become an employee of Seidle to provide physician services for Anesthesia. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and agreements herein contained and intending to be legally bound hereby, agree as follows: A. RESPONSIBILITIES AGREEMENTS AND LIMITATIONS OF SEIDLE 1. Employment. Seidle hereby employs the physician to provide physician services for the OR for a period commencing 9 192, and ending a 30 94 and the physician hereby accepts such employment. such services shall include all personal medical services rendered to patients as assigned. 2. Undertakings. Seidle shall, during the terms of this Agreement and at the Hospital's expense, make available adequate and appropriate space and support personnel as the parties determine necessary for the proper performance of the services to be performed by the physician " hereunder and for the operation of the OR. B. RESPONSIBILITIES AGREEMENTS AND LIMITATIONS OF THE PHYSICIAN 1. oualifications. The physician at all times shall be qualified, professionally competent and, duly licensed in the commonwealth of Pennsylvania and have a current narcotics (DEA) license. The physician must apply for, receive and maintain an active medical staff appointment and clinical privileges at Seidle Memorial Hospital (the "Hospital"), agree to abide by the By-laws, rules and regulations as approved and amended from time to time by the medical staff and the Board of Directors of the Hospital and participate in regular medical staff activities and responsibilities, including teaching and attendance at required meetings. 2. Standards. Physician shall perform all services hereunder in' accordance with currently approved methods and practices. Physician shall cooperate in every way possible with the Department Chairman of Surgical Services in order to best facilitate the operation of Seidle in such manner that the Anesthesia provided therein; shall be compar- able or superior to such services available in other operating rooms and shall be in compliance with standards established from time to time for the accreditation of ambulatory care centers by National Association of Freestanding Ambulatory Care Centers, JCAHO, and the State Health Department of Pennsylvania. During the term of this Agreement, physician shall be organizationally responsible to the Department Chairman of Surgical Services for Seidle Memorial Hospital. Any disputes or controversies which may arise in connection with the performance of services hereunder and which cannot otherwise be resolved, shall be submitted to Management of Seidle and or to the management of Subsidiary organizations of the Capital Health System. 3. Professional Time. the physician agrees to devote his/her full time to the performance of his/her duties under this agreement consistent with practices and policies established from time to time by Seidle during the term of this agreement. During the term hereof, the physician agrees not to accept outside employment or retention for professional, personal services from any source without the prior written approval of Seidle. Approval will not be withheld if outside employment does not substantially conflict with the physician's working agreement. In the event Seidle shall approve any such outside employment or services, such approval shall be reviewed and evaluated annually by Seidle and the approval may be withdrawn upon sixty (60) days notice. Physician is entitled to income derived from outside employment engaged in with the consent of Seidle. . . .4. Disclosure of Information. The medical records of all patients seen professionally by the physician for the Center are the property of Seidle to which the physician assistant shall have access for purposes of treating such patients. 5. Records. The physician shall keep or complete any records, reports, claims, proofs of loss, forms, or other instruments which may be reasonably required by the Medical Records Committee or Seidle Memorial Hospital and or the State Health Department, or by Seidle in connection with the-services performed by the physician hereunder or in connection with the billing and collecting of fees for such services. Upon the termination of employment hereunder, the physician shall deliver to Seidle all correspondence, patient lists, letters, medical and other records any and all other documents pertaining to or containing information relative to the business of Seidle or the Center, as the case may be, and the physician shall not remove any of such records either during the course of employment or upon the termination thereof, except pursuant to a written agreement with Seidle in connection with any litigation pending or threatened against physician. Patients shall have access to such records as provided by law. 6. Confidential Information. During the term of his/her employment, and at any time thereafter, the physician shall not without the consent of Seidle, disclose to any person, firm or corporation any confidential information, relating to the business of the Center, of Seidle or any affiliate of the Capital Area Health Foundation. 7. Scheduling. The physician shall submit to Seidle a written request specifying the dates of any vacation periods or any additional leave. These requests shall be submitted sixty (60) days in advance of the first day of the month in which vacation or leave is requested, but in no event fewer than thirty (30) calendar days before the first day on which such vacation is requested to begin. Such request shall be given favorable consideration to the extent permitted under the circumstances. - 8. Fees for Services; Billing. It is understood that Seidle will establish a schedule of fees or charges to be paid for the services provided by physician and that all billing and collecting for any such services will be done only by Saddle, at its expense, and that Seidle will retain all fees or charges which it collects for these services. The physician shall be responsible for the completion of any reports, forms or other instruments and for the performance of any other acts which may be reasonably necessary to enable Seidle to obtain payment for any service provided from any person or organization responsible for such payment. The physician shall take any action reasonably necessary to insure that all monies payable to Seidle for such services are received. C. SALARIES AND BENEFITS 1. Salary. The physician shall receive as remuneration for the services performed by him/her hereunder, $138,902 per annum which shall be paid to him/her by Seidle in accordance with the normal Seidle payroll system. Remuneration is based on an average of 40 hours per wee}. Physician will be compensated for additional hours in excess of 45 hours per week at a rate of ;66.78/hour. The physician's salary shall be reviewed on each anniversary date of this agreement by Seidle and may be adjusted without termination of this agreement. Such salary revisions shall always have a direct relationship to the medical and professional services performed by the physician, on Seidle's behalf, while reflecting the financial operating conditions and the rights of and representations to their physicians at the Center. 2. Benefits. The appropriate policies and procedures, as set forth from time to time in Seidle's operations and employee manuals, when issued, shall be applicable to the physician as an employee of Seidle. A detailed list of benefits to which the physician is entitled on the date hereof is attached hereto as Exhibit "B'. . ,3. insurance. Seidle shall provide the'physician with malpractice insurance coverage insuring against liability for professional medical activities conducted hereunder in the following amounts: Two Hundred Thousand Dollars (;200,000) each claim and Six Hundred Thousand Dollars ($600,000) in the aggregate; coverage under the catastrophic Loss Fund, in accordance with Act Iof the Commonwealth of Pennsylvania. The foregoing coverage will change as and when changes in such coverage are made. Although this Agreement contemplates the possibility that the physician may be permitted to contract to provide professional medical services outside of this Agreement, Seidle shall have no obligation to provide insurance against liability for such activities; accordingly, the physician may maintain additional malpractice insurance at his/her own expense. D. TERMINATION AND CONTINUING RELATIONSHIP 1. Termination. This Agreement may be terminated by Seidle immediately, without notice, in the event Seidle, in good faith, determines that the physician is not providing adequate patient care, that the safety of any patient is jeopardized by continuing the employment of the physician or that the physician has failed to perform in accordance with the terms hereof. This Agreement shall terminate automatically upon the physician's death, adjudicated disability or disqualification to practice medicine in Pennsylvania. In addition, this Agreement shall terminate automatically upon loss of medical staff privileges by Physician. Termination of this Agreement by Seidle does not by itself amount to discharge from the Hospital's medical staff. The physician shall have the right to exercise the option to terminate this Agreement by providing ninety (90) days notice in writing to Seidle. 2. Renewal. This Agreement, including amending statements, shall be reviewed after the two year period, unless either party hereto gives sixty (60) days notice in writing to the other party of an intention to terminate the relationship. 3. competition by Physician. The physician agrees that, during the term of this Agreement or any extension thereof, and for a period of one (1) year following termination of this Agreement by Physician, he/she will not practice and will not incorporate or form a proprietorship or partnership or act as an employee for the practice of medicine on a basis substantially similar to that which he/she performed with Seidle within twenty-five (25) miles of practice site without the express written consent of an officer of Seidle. The services contemplated by this Agreement are strictly personal. The Agreement has been entered into because of the physician's special qualifications which enable him/her to perform such services. The physician recognizes that a violation on his/her part of the covenant contained in the Section D-3 will cause irreparable damage to Seidle and for this reason the parties further agree that Seidle shall be entitled, as a matter of course to an Injunction in Equity from any court of competent jurisdiction restraining any violation of this covenant by the physician, partners, employer or agents, such injunction to be cumulative and in addition to whatsoever other rights and remedies Seidle may have. If any provision of this section are ever deemed to exceed limitations permitted by law, then such provisions shall be automatically reformed to set forth the maximum limitations permitted. E. OTHER PROVISIONS 1. Amendments. This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein and supersedes all prior understanding and agreements which, upon execution of this Agreement, shall no longer be effective. It may not be modified or amended except in writing signed by both parties. In the event the physician shall become an officer, shareholder, employee.or agent of a professional corporation, the physician will propose such amendments to this Agreement as may be necessary to reflect such affiliation. 2. No Discrimination. All parties to this contract agree that there are no eligibility restrictions on patients treated because of race, religion, age, sex, national origin, or handicap, in full compliance of federal and state laws. 3. Assignment of Agreement. This agreement is for the provision of personal, professional services and, except as expressly provided herein, may not be assigned or transferred by either party without the written consent of the other provided, however, Seidlo may assign its rights and obligations under this Agreement to a subsidiary or its parent company or any subsidiary of its parent company. b.' Physician Work Products. The physician agrees that seidle policy, ' from time to time in effect, regarding employee work products which may be patentable, copyrightable or licensable shall govern the proprietary and procedural rights of the parties. 5. Bindin?fe=t• This Agreement shall be binding upon and inure to the benefit of Seidle and the physician and their respective heirs, legal representatives, successors, assigns, administrators and executors. 6. Governing Law. This Agreement and the covenants, promises and agreements contained herein have been made in and shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 7. Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute or be construed as a waiver of any subsequent breach or violation of any other provision. e. Notice. Any and all notices, requests or demands permitted under this Agreement shall be deemed' given when delivered in person or deposited in the United States registered mails, postage prepaid, return receipt requested or when sent by telegraph or telex. All notices shall be directed to Seidle or the physician at their respective addresses as set forth below or to such other address as one party may, from time to time, designate by notice to the other party. S. Notice. Any and all notices, requests or demands permitted under this Agreement shall be deemed given when delivered in person or deposited in the United States registered mails, postage prepaid, return receipt requested or when sent by telegraph or telex. All notices shall be directed to Seidle or the physician at their respective addresses as set forth below or to such other address as one party may, from time to time, designate by notice to the other party. Seidle Memorial Hospital 120 S. Filbert Street Mechanicsburg, PA 17055 (717) 795-6761 NAME Harry Dwight Bikle, M.D. ADDRESS 50 Longview Drive Mechanicsburg, PA 17055 9. Severability. If any provision of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforcement of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision hold to be invalid or unenforceable. 10. Disputes. All disputes as to which services and other support are necessary for the proper performance of services to be performed hereunder and for the operation of the OR shall be resolved by Seidle and shall not be subject to further appeal or procedure unless specified by the Hoard of Directors of Seidle. In the event such dispute involves service and support required in the delivery of professional medical services, Seidle shall consult with staff physicians of the Hospital. In the event any other dispute should arise between Seidle and the physician with respect to their obligations under, or the interpretation of this agreement, either Seidle or the physician may demand that the dispute be settled by an arbitration in accordance with the rules of the American Arbitration Association. The aware of the Arbitrator shall be final and binding in the absence of fraud. This procedure shall be the exclusive means of settling any disputes that may arise under this Agreement. 11. Section Headings. The section headings appearing in this Agreement have been inserted for the purpose of convenience only and shall not affect any construction or interpretations hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of T . 1992. ATTEST: Seidle Memorial Hospital , 1 6?0 c David B. Lash, V.P.& COO WITNESS: Exhibit A PHYSICIAN POSITION DESCRIPTION I. OVERVIEW A. Maintain a high quality of medical care for the patient. B. Promote the goals and objectives of the Surgical Services and Hospital. C. Provide medical supervision of all CRNA'a in the OR while on duty. II. PRIMARY RESPONSIBILITIES A. Provide for the examination and initial care of patients seeking treatment in the OR. B. Supervise the medical activities of all CRNA's or RN's as applicable. C. Provide for the keeping of full, adequate and complete records of all services performed by him/her or under his/ her supervision for patients seen in the OR in accordance with the standards established by the Hospital. D. Promote the goals and objectives of the Hospital. E. Work cooperatively with the Medical Director of the Department of Surgery. F. Participate in the auditing of the charts and in the quality assurance program as designated by the Hospital and the Medical Director. G. Participate in a quality assurance program. III. HUNAN RELATIONS A. Considerable tact and diplomacy and the ability to foster same in all employees. B. Helpful, courteous attitude that fosters good patient relations, positive corporate imago and ensures marketability of Hospital. v y j ...... ... t;^d PHYSICIAN POSITION DESCRIPTION PAGE 2 IV. QUALIFICATIONS A. Graduate of an accredited medical school with currant licensure under the laws of the Commonwealth of Pennsylvania. B. Board certification or board eligibility in Anesthesia is preferred. C. One or more years anesthesia experience is desirable. D. Within three months of hire, become a member of the seidle Memorial Hospital Medical Staff. Exhibit B SEIDLE MEMORIAL HOSPITAL PHYSICIAN FRINGE BENEFIT SUMMARY (For Full Time Employment) 1. Malpractice Insurance - $200,000 - $600,000 - CAT Fund - $1,000,000 - $3,000,000 2. FICA Taxes - Employer's Share 3. Worker's Compensation 4. Professional Education - Days: 10 5. Professional Dues - $1,000 6. Health Insurance 7. HIV Insurance - $500 8. Life Insurance - $50,000 9. Vacation -. 160 hours per annum Carry over vacation not to exceed maximum accrual of 1503 of annual contract. 10. Holidays - New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. Policy on holiday time is outlined in the Employee Manual. 11. Personal Days - Four (4) per year (includes 1 Birthday) 12. Sick Time - Eight (8) hours per month accruable. = Physician is eligible to carry over unused time from residency program. 13. Leaves of Absence - Jury, Death in family, Work related Subpoena, Military 14. Yearly Physical 15. Annual Review and Salary Adjustment 16. Long Term Disability insurance FRINGE BENEFIT SUMMARY PAGE 2 16. Retirement/Pension Program - Participation in the Capital Health System's Standard Retirement plan (non-contributory). Previous time in Family Practice residency program will be credited toward retirement time. 17. TSAT - Hay participate in Capital Health System program immediately. After one (1) year of employment, may participate in the program with 50% Hospital matching contribution up to the prescribed 4% of salary according to Hospital policy up to legal maximum of $7,000. 18. Credit Union - Payroll deductions for savings plans, Christmas Club and vacation club. sjg ADDENDUM to Section C. SALARIES AND BENEFITS 1. Salary. The physician shall receive as remuneration for the services performed by him hereunder, $144,458 per annum which shall be paid to him by Seidle in accordance with the normal Seidle payroll system. Remuneration is based on an average of 40 hours per week. Physician will be compensated for additional hours in excess of 45 hours per week at a rate of 369.45/hour. The physician's salary shall be reviewed on each anniversary date of this agreement by Seidle and may be adjusted without termination of this agreement. Such salary revisions shall always have a direct relationship to the medical and professional services performed by the physician, on Seidle's behalf, while reflecting the financial operating conditions and the rights of and representations to their physicians at the Center. This adjustment to salary corresponds with the annual evaluation of Dr. Bikle's performance and shall supersede all other salary agreements that may have been mentioned prior in earlier contract agreements. The effective date of this revision shall be September 1, 1993. All other benefits and stipulations of the contract as negotiated September 1, 1992 between Seidle Memorial Hospital and Harry Dwight Bikle, M.D. shall be enforced and retained as previously negotiated. Harry Dwight Bikle,, M.D. David B. Lash, Vice President 6 C00 09-16-93 11:04 AI[ Y'O9 CAPITAL DEALT' SYS' 3 ,? ,2•z,rwo co MRISDMLG Haylvan Harrisburg. . r ennaylvaaia 19eeiciaa fringe Benefit awne rL (Pull Time) 1/k /y3 x02/11 1. Vacation - 160 hours (4 weals) per year. Vacation accrcal recorded cannot exceed 240 boure (6 weeks) at any point in time. 2. Salary Continuation mix loot of base salary for months for wab incident of disability. 4 3. Personal Dare 32 hours 4. Paid Holida;gs / 0 hours. d4L 5. Individual Long-Term 66 2/3 of current salary. There may be now variations based on ago, income Dieabilitr and professionaL duties. optional coverage available up to appromimetely 74• of your current salary. 6. &eeath Insurance 6 Standard system Group Plan coverage (See attached) e d Major Medical . expens at share 7. Dental Insurance Participation at shared expense in the Basic or upgrade Byatem CL= ?1an. a, supplemental Survivor Specifically selected variable universal/ By ce i Insurance . nsuran split life dollar contributing 3% of your banic salary e either on a pre or Not tax basis, Ctl9 will match your contributions andpaichase a Permanent insurance policy by dp premiums on your babali. Term Life Insurance 9 Inaured in the amount equal to the annual . salary rotinded to the nearest #1,000 up to a maximum of 450,000. Accidental' death and diamembesment is equal to the aeaunt of retilar groaP LUG. Additional supplemental life ix offered at esployea'a own expanse, up to a maximum of $150,000. ,,:.. 09-16-93 11:Od AM PROM ChPITAL 88ALTR SYS. . P03/11 physician rrimp Benefit Susu+ary (Tun-Time) page 2 of 3 vision Care Insurance at group rates. N0 10. Vision Core Standard System policy coverage when ND 11. Travel Insurance traveling as a representative of the Hospital/System in continental U-8- 12. Parking rroo parking for one car is provided. -.13. ProPeasioaal physician will be reimbursed for caq,ensas in conjunction with professional edncation Education and for the puipoe0 of continuing education, HembershiPs and pro Pawional ma®bershiPs. not to exceed a total of $2,500 Per years .capital will provide Liability insurance 14. professional in limits required by statuteaj anrrently, Liability and claim and X600,000 aggr'egste. Malpractice Insurance $200,000 ipa CAT fund surchnrga premium will also be provided for assess liability limits for 1,000aooo0 per cplaim and 'provide 3,000,000 ag r The Hospital to coverage automatie+?U y also provides access levels ot,cowrage over and above the CAT ruu 15, workers' Compensation jr,. £icxible Spending Accounts 17. ,stiramat/ponsion program 1S. Tax Sheltered Annuity program rand under System Physician Will be covered worksra compensation related injury. pre-tax Payroll deduction,, for annt Cara. n medical osperaes and/or dope Pa-'-ticipatLon in the $ysta°'e Standard Retirenwat plan (non-coatributory)- Ability to dsvelap greater economic security by anvil money without immediate ineoma tax and earn sheltered interest at favorable rates. 19. Tax sheltered may participate in Hospital '260 program immediately. After one (1) year. of employ=unt• Annuity shrift may participate in the Program With 50% Program Hospital tmtahiag coa}sii'uticn up tc 3? annual aaLary- Nazimum MOVPital cca r+w-vea=. is 3% of annual eavniags• Thera is a ,l.- ya vasting schedule for hospital matcbirg• contributions. `/A/y? •09-16-93 11:04 AX Mg CAPITAL HEALTH STS. P04/II Physician Fringe Benefit Bwmarr IFall-Time) Page 3 of 3 20. Csdit union Payroll deductions for savings plans, Christmas Club and Vacation clubs 21. Pharmacy pharmacy prescriptions may he filled at Hospital Cost. 22. Baployve Oouneeliag Profeeeioael and ooafidantial counseling on program personal, marital and family problems for mploy"s and their families. 23. Parforwance O=pensatlon incransea at contract renewal Caapausation are deta=W4 by leveL of parformance.' The intent of this statement is to uwmerize the fringe benefit package or the physician. Details as to the specifics of each benefit are available in the Hospital BXpjOy6e Handbook or fzam the Hospital's Employee Relations Department. Bi 06/8/99=.DOC Revised 09-16-97 11:01 Al( 1109 CAPITAL 9EALTE SYS, P05/l l goalth Ineu anco gouthLy &atoo ALFA OUNDW YM TM P?&1' TM B8 $12.00 $40.00 HE + 1 33.00 62.00 1[6 + 2 47.00 80.00 AIM H118Ia FULL Tnm PM VAN C6 (410.00) $14.00 RE + 1 ($ 5.00) 28.90 33 + 2 5.00 34.00 gDAT ICA rum T= PM TMI ES $ 8.00 $27.00 88 + 1 29.00 53.00 EE + 2 38.00 75.00 DUAL XNCMM FULL T33M PII&T Tw EE ($25.00) $ 0.00 BE + 1 ($15.00) 10.00 EE + 2 ($10.50) 15.00 OPT OUT FULL Tm n= TUB EE (;50.00) $ 0.00 HE + 1 ($50.Oo) , 0.00 EE + 2 (;50.00) o.oo 09-16-9? 11:01 AY FROM CAPITAL HEALTH SYS. Ductal. Iaauranoe monthly Rates 1993 s D== RWC COV1D= POLL TM PLAT 7D11E Ett?loy°° $ 1.40 $ 1.74 Employee 6 Child 6.18 7.70 Evplayee I Children 6.72 8.40 Ettployeo 6 spouse 6.18 7.70 Bvicyae I Family 6.72 40 0 Employee 6 Family •"w 6.10 . 7.60 DEliTJ1I, 888IC 11119 F= TDM PM TM Emloyee { 6.90 8 38 Employee 6 Child 18.44 21.68 Dplayee 6 Children 20.38 24.84 Employee a 9pouee 18.44 22,68 Employee I Family 20.38 24.84 Employee I Family 19.42 24.30 PO6/l I *`* Aate where both husband i Mice are employed through the Capital Health System on a full-time status. EXHIBIT "B" HARRISBURG HOSPITAL OA CAPITAL HEALTH SYSTEM HOSPITAL' 111 SOUTH FRONT STREET HARRISBURG, PA 17101.2099 August 30, 1994 Harry D. Bikle, M.D. 50 Longview Drive Mechanicsburg, PA 17055 Dear Dr. Bikle: I am writing at your request to 'follow-up the conversation that you and I had earlier today regarding anesthesia coverage at Seidle. As you have been notified, your employment at Seidle was not renewed beyond August 31, 1994. As I indicated to you earlier today, Seidle has determined that it is in the best interest of the hospital to enter into an exclusive anesthesia provider agreement with the Glamm group and Dr. Forsythe. We believe that such a contract will increase efficiency, coverage and managed care responsiveness. Since Glamm is the exclusive provider at Harrisburg Hospital, we will now have a system wide approach to anesthesia coverage. Such an approach will increase quality and lower cost. In light of the exclusive contract agreement at Seidle, we will not be in a position to permit you to provide anesthesia services after expiration of your employment agreement August 31, 1994. Please contact me if you have any questions. Sinn rely, Colleen M. Schw r R.N. Director Surgica Services lsh c: Susan Edwards, Senior Vice President s Coo Sue Egenrieder, R.N., Surgical Services Nurse Manager Keith Maliniak, M.D., Chairman Department of Anesthesia Dr. Won, Chairman Seidle OR Committee VHFA.mfm ,d,a 'yHouo -&dmw"he. VERIFICATION The Amended Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. H. IK , M.D. Date: December 21. 1998 If. DWIGHT BIKLE, M.D., Plaintiff V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, Defendants CIVIL, ACTION - LAW No. 95 - 4702 CIVIL TERM JURY TRIAL DEMANDED i CERTIFICATE OF SERVICE 1, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct. copy of the Amended Complaint served by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following: Richard C. Seneca Director of Legal Services P. O. Box 8700 Harrisburg, PA 17105-8700 Attorney for Defendants Pinnacle Health System Capital Health Services and Seidel Memorial Hospital : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA IRWIN, McKNIGHT & HUGHES By: • Marva A. M n ht, III, 60 Wes Pomfre trect Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 21, 1998 1 {S I ? f ? ' ? ?f f! , 1 ) ? 1 i J - 1 t? ' r. ? 1 r i 1 U1 l 'I , ' 1;11 t 11 i ? ?j?f L t tr f ? ? 'k • T r ! ' l?. 3? • iY It . r / 1. "' _ - r/ t y (w rr ??}r y CL . ' -J L? • 1 ?1 c r t- h`1 111 ,?" F t s, . cn A c R: - Fk - H. DWIGHT BIKLE, M,D., ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff, : PENNSYLVANIA v : CIVIL ACTION - LAW CAPITAL HEALTH SYSTEM SERVICES, : NO. 954702 CIVIL TERM t/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, : JURY TRIAL DEMANDED Defendants. NOTICE TO PLEAD TO: H. Dwight Bikle, M.D. C/O Marcus A. McKnight, III, Esquire Irwin, McKnight and Hughes 80 West Pomfret Street Carlisle, PA 17013 Counsel for the Plaintiff You are hereby notified to plead to the enclosed Defendants' Answer with New Matter to Amended Complaint within (20) days from service hereof or a default judgment may be entered against you. Richard C. Seneca, Esquire Supreme Court ID #49807 Pinnacle Health System P.O, Box 8700 Harrisburg, PA 17105.8700 (717) 857-7503 Attorney for Defendants. Dated: January 11, 1999 H. DWIGHT BIKLE, M.D., Plaintiff, V CAPITAL HEALTH SYSTEM SERVICES, Ud/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95-4702 CIVIL TERM JURY TRIAL DEMANDED DEE,Fo??neNre? eNSyy RE WITH NEW MATTER TO AMENDED COMPLAINT AND NOW, come the Defendants, by and through their counsel, to answer the Plaintiffs Amended Complaint and to assert New Matter as follows: 1. Admitted in Part and Denied in Part. It is admitted only that the Plaintiff Is Dwight H. Bikie, M.D. After reasonable Investigation, the defendants are without knowledge or Information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are deemed denied and proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Denied as staled. On or about December 31, 1995, Defendant Capital Health merged with Harrisburg Polyclinic Health System, a Pennsylvania non-profit corporation having Its principal place of business at 17 South Market Square, P,O. Box 8700, Harrisburg, Pennsylvania 17105.8700. 5. Denied as stated. On or about December 31, 1995, Harrisburg Polyclinic Health System changed its name to Pinnacle Health System. 8. Denied as stated. Defendant, Seldle Memorial Hospital ("Hospital") was a hospital operating in Mechanicsburg, Cumberland County, Pennsylvania as a division of Capital Health System, and is currently a hospital operating as a component of the Pinnacle Health System having been named and known as Pinnacle Health Hospitals d/b/a Pinnacle Health at Seidle Memorial Hospital and is located at 120 South Filbert Street, Mechanicsburg, Pennsylvania 17055. 7. Admitted in Part and Denied in Part. It Is admitted that Plaintiff, H. Dwight Bikle, M.D, has attached to the Amended Complaint a copy of his purported employment agreement with the Hospital. After reasonable Investigation, the defendants are without knowledge or Information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are deemed denied and proof thereof Is demanded. 8. Denied. It is denied that Dr. Bikle was a member of the Hospital staff with all privileges to practices anesthesia in said Hospital and until August 1994, was also head of the anesthesia department at Seidle Memorial Hospital. To the contrary, In August 1994, Dr. Bikle was a member of the Medical Staff at Seldle Memorial Hospital and had privileges to practice anesthesiology. 9. Denied in Part and Admitted In Part. It is denied that on or about August 31, 1994, the Plaintiff was notified that his contract to provide anesthesia services at Seldle Memorial Hospital would not be renewed effective September 1, 1994, and it is further denied that the Plaintiff was thereby effectively removed as acting head of the anesthesia department at the Hospital. To the contrary, on or about August 31, 1994, the Plaintiff received written confirmation of an earlier notice that his employment with Seidle Memorial Hospital would be terminated on September 1, 1994. It Is admitted only that a copy of the confirmation letter regarding the termination of the Plaintiffs employ Is attached to the Complaint as Exhibit "B." 10. Denied. After reasonable investigation the defendants are without knowledge or Information sufficient to form a belief as to the truth of the averment of this paragraph and the same Is deemed denied and proof thereof Is demanded. 11. Denied as stated. On September 1, 1994, when Dr. Bikle appeared at Seldle Memorial Hospital's Department of Surgery he was asked to leave the premises by security personnel. It is denied that Dr. Bikle attempted to provide anesthesia services as other anesthesiologists were providing the same and there were no services for Dr. Bikie to provide as his employment had ended. 12. Denied. It is denied that the defendants conspired and prohibited Dr. Bikle from performing any anesthesia services throughout the remainder of 1994 and continuing through the calendar year of 1995. To the contrary, Dr. Bikle's employment with Seidle Memorial Hospital ended on August 31, 1994, and the provision of anesthesia services at Seldle Memorial Hospital was accomplished by other anesthesiologists. COUNTI BREACH OL ONT ACT 13. The averments of Paragraphs 1 through 12 of this Answer with New Matter are Incorporated herein as if set forth at length. 14. Denied. It is denied that on or about April 15, 1994, the Plaintiff reached a verbal agreement with David Lash, Vice President and Chief operating officer. Seidle Memorial Hospital, that his contract would be renewed for two (2) additional years beginning September 1, 1994. It is further denied that any verbal agreement was binding upon the defendants, Seidle Memorial, Capital Health and its successor, Pinnacle Health System. To the contrary, the written agreement between the Plaintiff and Seidle Memorial Hospital specifically provides that modifications or amendments must be put Into writing. 15. Denied. It is denied that despite repeated requests, the defendants failed without legal Justification or cause to honor a verbal agreement. To the contrary, no such verbal agreement existed or, in any event, would have been valid. 18. Denied. It Is denied that while Plaintiff had the right to practice his profession on the staff at Seidle Memorial Hospital after September 1, 1994, by right of his continuing hospital privileges, the Defendants prohibited the Plaintiff from practicing his profession at the Hospital after September 1, 1994, and continuing throughout 1995. It is further denied that on September 1, 1994, hospital officials called security in order to physically escort Dr. Bikle from the operating room where he was ready to provide services to a patient. To the contrary, arrangements with other anesthesiologists, effective as of September 1, 1994, prohibited Dr. Bikle from providing anesthesia services at Seidle Memorial Hospital. It is denied that Dr. Bikie attempted to provide anesthesia services as other anesthesiologists were providing the some and there were no services for Dr. Bikle to provide as his employment had ended. 17. Denied, It is denied that the defendants committed any wrongful acts and it Is further denied that the Plaintiff suffered any lost Income as a result of any wrongful acts of the Defendants. To the contrary, the Plaintiff's employment was properly terminated. WHEREFORE, the Defendants demand that judgment be entered in favor of the Defendants and against the Plaintiff together with costs of suit and attorneys fees. COUNT II 18. The averments of Paragraphs 1 through 17 of this Answer with New Matter are Incorporated herein as if set forth at length. 19, Denied. After reasonable investigation the defendants are without knowledge or Information sufficient to form a belief as to the truth of the averment of this paragraph, since the Plaintiff has failed to aver with whom he occupied a position of trust and confidence, and the same is deemed denied and proof thereof is demanded. 20. Denied. It is denied that the Defendants had a fiduciary relationship with the Plaintiff and a corresponding duty hot to undermine the relationship Dr. Bikle had with his patients. To the contrary, no such duty existed. By way of further answer, on and after September 1,1994, Dr. Bikle did not have any patients at Seidle Memorial Hospital 21. Denied. It Is denied that Dr. Bikle has been prohibited from engaging in the practice of anesthesiology by the Defendants. To the contrary, Dr. Bikle was free to engage in the practice of anesthesiology in private practice or with any employer other than Seidle Memorial Hospital with whom his employment had been terminated. 22, Denied, It is denied that the Defendants have breached a fiduciary duty owed to Dr. 5 Bikle, To the contrary, the Defendants did not owe a fiduciary duty to Dr. Bikle. WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiff together with costs of suit and attorneys fees, COUNT III THIRD PARTY TORTIOUS INTERFERENCE WITH CONTRACT 23. The averments of Paragraphs 1 through 22 of this Answer with New Matter are Incorporated herein as If set forth at length. 24. Denied. It is denied that Defendant Hospital improperly, and without legal justification, has engaged In conduct which Interfered with the right of Plaintiff Bikle to provide services to patients. To the contrary, the Hospital terminated Dr. Bikle's employment and engaged the services of other anesthesiologists to provide services which, at all times, was proper and In accordance with applicable law. 25. Denied. After reasonable Investigation the defendants are without knowledge or Information sufficient to form a belief as to the truth of the averment of this paragraph, that on September 1,1994, the Plaintiff had arranged with a surgeon and a patient or provide anesthesia medical services, and the same is deemed denied and proof thereof Is demanded. By way of further answer, it is denied that by physical removal the Plaintiff was prevented by the Defendants from continuing to provide anesthesia medical services. To the contrary, on September 1, 1994, when Dr. Bikie appeared at Seidle Memorial Hospital's Department of Surgery he was asked to leave the premises by security personnel and he left. 28. Denied, It is denied that the Defendants engaged in any conduct Intended to cause serious damage to the Plaintiff regarding his contractual and business relationships. To the contrary, at all times material hereto, the Plaintiffs acted properly and did not intentionally cause any damage to the Plaintiff's contractual and business relationship. WHEREFORE, the Defendants damaged judgment in their favor and against the Plaintiff together with costs of suit and attorneys fees. NEW MATTER 27. The Plaintiff has failed to state a legal claim for breach of contract upon which any relief may be granted or damages obtained. 28. The Plaintiff has failed to state a legal claim for breach of fiduciary duty upon which any relief may be granted or damages obtained. 29. The Plaintiff has failed to state a legal claim for third party tortious Interference with contract upon which any relief may be granted or damages obtained. 30. The agreement upon which the Plaintiff bases his claim and which is attached to his Amended Complaint provides that disputes regarding the same shall be addressed by arbitration. 31. The Plaintiff has failed to submit this matter to arbitration. 32. This Court is therefore without jurisdiction to hear this matter as the agreement provides that arbitration shall be the exclusive means of settling disputes under the said agreement Respectfully submitted, Richard C. Seneca, Esquire Supreme Court ID No. 49807 Pinnacle Health System P.O. Box 8700 Harrisburg, PA 17105-8700 (717) 857-7503 Attorney for Defendants VERIFICATION I verify that the facts set forth in the foregoing Defendants' Answer with New Matter to Amended 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.A. 4904 relating to unswom falsification to authorities. "i-ee 1. Robert Gabler, DI for Risk Management and Insurance Pinnacle Health System //? 9 f Date: I, Richard C. Seneca, Esquire, hereby certify that a copy of the foregoing Defendants' Answer with New Matter to Amended Complaint was served upon the following by depositing a true and correct copy of the same In the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania on the flu' day of January, 1999, addressed as follows: Marcus A. McKnight, ill, Esquire Irwin, McKnight and Hughes 60 West Pomfret Street Carlisle, PA 17013 Counsel for the Plaintiff Richard o Seneca, Esquire Supreme Court ID #49807 H. DWIGHT BIKLE, M.D., Plaintiff V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Divison of CAPITAL HEALTH SYSTEM, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.,W4702 CIVIL TERM JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, this 29th day of January, 1999, comes the plaintiff, H. Dwight Biklc, M.D., by his attorneys, Irwin, McKnight & Hughes, and makes the following Answer to New Matter of the Defendants: 27. The averments of fact contained in Paragraph Twenty-Seven (27) of the New Matter arc conclusions of law to which an answer is not required. They are therefore denied. 28. Thu averments of fact contained in Paragraph Twenty-Eight (28) of the New Matter are conclusion of law to which an answer is not required. They arc therefore denied. 29. The averments of fact contained in Paragraph Twenty-Nine (29) of the New Matter arc conclusions of law to which an answer is not required. They are therefore denied. 30. The averments of fact contained in Paragraph Thirty (30) of the New Matter are specifically denied. On the contrary, the arbitration clause specifically refers to a dispute between "Seidle and the physician with respect to their obligations under, or the interpretation of this agreement, either Seidle or the physician may demand that the dispute be settled by an arbitration in accordance with the rules of the American Arbitration Association." This language limits arbitration to specific contract disagreements not covered in this Complaint and is permissive in nature and not mandatory. 31. It is admitted that neither party has submitted any demand for arbitration of the issues i raised by the Complaint of the plaintiff, H. Dwight Biklc, M.D. 32. The averments of fact of Paragraph Thirty-Two (32) are conclusions of law to which an answer is not required. The language cited does not provide that arbitration of the issues raised by the Complaint must be settled by arbitration. They are therefore denied. Respectfully submitted, IRWIN, McIfNIGHT§e HUGHES By: Marc s A. McKni t, 111, Esquire Attorney for Plaintiff, H. Dwight Bilde, M.D. West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 29,1999 VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Answer and they arc true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein made are subject to the penalties of IS Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. J IGH BI LE, M.D. Date: January 29th 1999 CERTIFICATE OF SERVICE 1, Marcus A. McKnight, 111, Esquire, do hereby certify that I have served a true and correct copy of the Answer to New Matter upon counsel for the defendant, Richard C. Seneca, Esquire, by First Class United States Mail, postage prepaid in Carlisle, Pennsylvania, the date set forth below, to the following: Richard C. Seneca, Esquire Director Legal Services P. O. Box 8700 Harrisburg, Pennsylvania 17105-8700 By: IRWIN, McKNIGIJ,T & HUGHES Marcus A. McKnight, III, Esquire Attorney for Plaintiff, If. Dwight Bikle, M.D. West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No. 65476 Date: January 29,1999 CERTIFICATE OF SERVICE 1, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the Answer to New Matter upon counsel for the defendant, Richard C. Seneca, Esquire, by First Class United States Mail, postage prepaid in Carlisle, Pennsylvania, the date set forth below, to the following: Richard C. Seneca, Esquire Director Legal Services P. O. Box 8700 Harrisburg, Pennsylvania 17105-8700 By: IRWIN, McKNIGkjT & HUGHES Marcus A. McKnight, III, Esquire Attorney for Plaintiff, H. Dwight Bide, M.D. West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No. 65476 Date: January 29, 1999 -1 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicale) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X) for JURY trial at the next term of civil court. ( ) for trial without a Jury. ..._. ..............•................ ........... ._............................................... CAPTION OF CASE (entire caption must be stated in full) 0. DWIGHT BIKLE, M.D.. (Plaintiff) vs. CAPITAL HEALTH SYSTEMS, et al. (Defendant) (check one) ( X) Assumpsit ( X) Trespass ( ) Trespass (Motor Vehicle) (other) The trial list will be called on and Trials commence on 2 7ajs3f ? - Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 95-4702 Indicate the attorney who will try case for the party who files this praecipe: MARCUS A. MCKNIGHT, III, ESQ. Indicate trial counsel for other parties it known: RICHARD C. SENECA, ESQ. This case is ready for trial. /I;w ?' - Signad: _ Print Name: MARCUS A. MCKNIGHT, III Dale: nrrnnER 22.2002 Attorney for: PLAINTIFI+___, ?t N ? 5 wr . CV %- V O Ci ` Q V H. DWIGHT BIKLE, M.D., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CAPITAL HEALTH SYSTEM NO.9SA702 CIVIL TERM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as : PINNACLE HEALTH SYSTEM and : SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, JURY TRIAL DEMANDED DEFENDANTS PRAECIPE TO WITHDRAW TO CUR TIS R. LONG, PROTHONOTARY.• Please withdraw the Praecipe for Listing Case for Trial in the above-referenced case. Respectfully, submitted IRWIN, McKNIGUP HUCagS By: Z' Marcus A cKnigh M9 Esquire 60 West P mfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Date: December 12, 2002 H. PLAINTIFF V. CAPITAL HEALTH SYSTEM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE. HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYSTEM, DEFENDANTS IN THL LUUKI yr a vnu.,.....-. •-- -- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 954702 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, 111, Esq., hereby certify that on this date a true and correct copy of the foregoing document was served upon the attorney name below by first-class United States Mail, postage prepaid in Carlisle, Pennsylvania 17013, as follows: Richard C. Seneca, Esquire Pinnacle Health System P. O. Box 8700 Harrisburg, PA 17105-8700 IRWIN, McKNM)fT & By: Marcus X Me n•, ••, °ti 60 West Pomfret Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Dated: December 12, 2002 „r - r 1 . C : ! y fi , C%, ' ice: LU +flll] U H. DWIGHT BIKLE, M.D., Plaintiff V. CAPITAL HEALTH SYSTEMS SERVICES, PINNACLE HEALTH: SYSTEM, SEIDLE MEMORIAL HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 95-4702 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, upon consideration of a letter submitted by Plaintiff's counsel, Marcus A. McKnight, III, Esquire, indicating that activity has occurred in this case prior to today, and that such activity is recent, and there being no objection to striking the case from the purge list, the case is stricken from the purge list, and shall remain active. By the Court, /Marcus A. McKnight, III, For the Plaintiff 1 J Wesley 91 r, fir., J. Esquire Richard C. Seneca, Esquire For the Defendants Court Administrator wcy >C X - 11 -Ig-O'a ,?z ?J nurrul' BIKLE M PLAINTIFF Case No. 1995-4702 vs CAPITAL HEALTH SYSTEMS SERVICES, t/_a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIOLE MEMORIAL HOSPITAL, a Divison of CAPITAL HStalem DEFENDANTS e >< of Intention to Proceed ,ro the court: H. DWIGHT BIKLE, M.D. intends to proceed with the ab ve captioned nutter Print Name MARCUS A. MCKNIGHT, III Sign Name ' Date: SEPTEMBER 23, 2005 Attorney for PLAINTIFF Explanatory Comment The Supreme court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment, 1.8ute ojeh it Procedure New Rule of civil Procedure 230.2 has been promulgated to govern the tese rminas s of inactive cases within the for inactivity iously governed by Rule of Judi al Administration a1901rnd local ruI sapromulgated pursuant to it. NewsRule r230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the supreme Court in Shop v. Eagle, ros Pa. 360.710 is s required 3n 1104 (1998) in which the court held that ,prejudice to the defendant as a result of delay in prosbefore a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901:' Rule or Judicial general policy of the prompt disposition lof)nahas been ncts set funh amended in subdivisi n O t of that rule co Wino sltolberappl cable.rne 11 Inactim Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate on action for inactivity, the course of the procedure is with the parties. coo se terminating the mn tter with prejudice for c failure to prosecute" If a party wishes to pursue the nutter tic or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when u party believes that it should not have been terminated, that party may proceed under Rude230(d) for relief from the order of temhination. An example of such all occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent it) terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the ducker, subdivision (d)(2) provides that the court must grant the petition and subdiv od, requires must make a show inf to the lpetition the petition wastl)ra 111oly filed and thatmthsion ere ('s a reasonable eat the pl xplanati aintiff reinstate t action. legitimate excuse both for the failure to file the notice of intention to proceed prior it) undthe er entr of lice order of termination o» time docket and for the failure to file the petition within the thinyday period 13, 11'hot. the action has not been ternibwted An action which has not been terminated but which continues upon the filing urn notice at' intention o proceed may have been the subject of inordinate delay. In such an fnstance, the aggrieved party may pursue the remedy of a cununon law non pros which exits independently ofirun ation under Rule 230.2. ? I11^ CV 'j ? ? f CD D ' ? cv C l 1 r r H. DWIGHT BIKLE, MD, Plaintiff vs Case No. 1995-4702 CIVIL TERM CAPITAL HEALTH SYSTEMS SERVICES, PINNACLE HEALTH SYSTEM AND SEIDLE MEMORIAL HOSPITAL, Defendants Statement of Intention to Proceed To the Court: H. DWIGHT BIKLE intends to proceed with the above captioned matter. Print ?Name Si Name MARCUS A. McKNIGHT, III gn Date: OCTOBER 27, 2008 Attorney for PLAINTIFF Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. Ncw Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to focal rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. t ? °"? ?: ? ?:° rx-? ? -r? i7' sa a .mss '+.i `?w"T ?«S ? Y: H. DWIGHT BIKLE, M.D., : IN THE COURT OF COMMON PLEAS OF , PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA ! v. . CIVIL ACTION - LAW CAPITAL HEALTH SYSTEM . NO. 954702 CIVIL TERM SERVICES, t/a/d/b/a CAPITAL HEALTH SYSTEM, now known as PINNACLE HEALTH SYSTEM and SEIDLE MEMORIAL HOSPITAL, a Division of CAPITAL HEALTH SYS. - ~ DEFENDANTS , . ~ - _ STATEMENT OF INTENTION TO PROCEED TO THE COURT: H. Dwight Bikle, M.D., Plaintiff, intends to proceed with the above-captioned matter. Respectfully Submitted: IRWIN & McKNIGHT, P.C. r Maz s A. c t, III, Esq. Supreme o ID#25476 60 West mfret Street Carlisle, PA 17013 Date: October 21, 2011 Dwight H. Bikle MD vs Capital Health System Services To the Court: The Plaintiff Case No. 1995-4702 Statement of Intention to Proceed c1 CI • C.r — --4 CD rfl- tirn cn� r`•-) a� d cs intends to proceed with the above captioned matte: Print Name Marcus A. McKnight, IIJSign Name Date: October 21, 2014 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. - I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty -day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty -day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.