IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION NO. 02-CV-7209
FEDERAL CREDIT UNION
MEMORANDUM AND ORDER
May 2, 2005
Presently before this Court is Defendant American Heritage Federal Credit Union’s
Motion for Summary Judgment (Doc. 18). For the reasons set forth below, upon consideration of
Defendant’s Motion, Plaintiff’s Response (Doc. 22) and Defendant’s Reply (Doc. 26), this Court
will deny the Defendant’s Motion for Summary Judgment.
From the evidence of record, taken in a light most favorable to the Plaintiff, the pertinent
facts are as follows. In June 2000, Plaintiff, Dennis Heron, was employed by Defendant,
American Heritage Federal Credit Union (“American Heritage”). Defendant is a federally
chartered credit union headquartered in Philadelphia, Pennsylvania.
Plaintiff served as the Vice President of Marketing at American Heritage, earning a yearly
salary of $78,000. Plaintiff was hired and supervised by Bruce Foulke, who is and was at all
relevant times, the President and CEO of American Heritage. Plaintiff’s duties as the Vice
President of Marketing included managing the marketing, advertising and promotions programs.
Plaintiff asserts that during his tenure, his duties increased in the area of business development,
including developing business for the credit union as well as supervising the manager of the
1 According to Defendant, Plaintiff’s responsibilities included supervising employees in
the business development department.
2Although the reason that Plaintiff took medical leave is unclear from the Complaint,
Plaintiff explains in his Response to Defendant’s Motion for Summary Judgment that he suffered
from depression, anxiety, headaches, dizziness and loss of appetite. It has been suggested by
Defendant that this was due to “work-related stress.”
3Defendant contends that Plaintiff’s responsibilities were significantly reduced as he