HomeMy WebLinkAbout09-1162IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff No. 09_ u 2 ?'ti"` Tom`""
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff No.
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan rods adelante en las siguientes paginas, debe tomar accidn dentro de los
proximos veinte (20) dias despuds de a notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una com arecencia escrita y radicando en la Code por
escrito sus defensas de, y objecciones a, las demandaas presentadas aqua en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe antenormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Code sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS DUE
CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
2
IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. 0
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
COMPLAINT IN EQUITY
AND NOW, comes Plaintiff JFC Medical, Inc. ("JFC"), by and through its
attorneys Reager & Adler, P.C., and files the within Complaint and in support thereof avers the
following:
PARTIES
1. JFC is a corporation doing business under the laws of the Commonwealth of
Pennsylvania with its principal place of business being 1520 Market Street, Camp Hill, PA
17011. It maintains offices in Cumberland, Dauphin, Franklin, Lancaster and York counties in
Pennsylvania. JFC is a personnel staffing company that provides medical staffing needs on a
contract and direct hire basis.
2. Defendant Dannielle Trussell is an adult individual with a present address of
854 Furnace Hills Pike, Lititz, PA 17543.
3. Defendant MSN - Medical Staffing Network ("MSN") is a publicly traded
company with corporate offices at 901 Yamato Road, Suite 110, Boca Raton, Florida 33431. It
3
conducts business in Pennsylvania at various locations in Cumberland, Dauphin, York and
Lancaster counties. MSN provides medical staffing services for companies throughout the
United States including Cumberland, Dauphin, York and Lancaster counties in Pennsylvania.
VENUE
4. Pursuant Pa. R.C.P. 1006, venue in this Court is proper because the
employment agreement that is the subject matter of this action was executed by the parties in
Cumberland County, Pennsylvania.
CAUSE OF ACTION
Breach of Contract (Covenant Not to Compete)
JFC Medical, Inc. v. Dannielle Trussell and MSN - Medical Staffing Network
5. On August 29, 2007, Defendant Trussell entered into a valid written
employment agreement under whose terms JFC hired Defendant Trussell. A true and correct
copy of the aforesaid Agreement is attached hereto, made a part hereof and marked as Exhibit
«A„
6. In accordance with the Agreement, Defendant Trussell agreed, in
consideration of her employment, training and salary that, for 18 months from the termination of
her employment, she would not:
... directly or indirectly engage in any business for himself/herself
or act as an employee/agent or be in association in any capacity
with any other person or firm engaged in similar business to JFC's
or services currently engaged by JFC within a 100 mile radius of
any city in which a JFC office is located...
4
7. The agreement provides that JFC "shall be entitled, if it so elects, to institute
and prosecute proceeding in any court of competent jurisdiction either in law or equity to obtain
damages for any breach of the Employee or to enjoin Employee from performing service for any
other person, firm or corporation..."
8. Pursuant to the Agreement, Defendant Trussell further acknowledged that an
injunction shall be available to JFC in the event of a breach of the agreement.
9. JFC was notified on March 6, 2008 that Defendant Trussell voluntarily
terminated her employment with JFC.
10. By way of letter dated March 6, 2008, Karen Goth, Director of Human
Resources for JFC , advised Defendant Trussell of her obligations under the Agreement. A true
and correct copy of this correspondence is attached hereto as Exhibit "B".
11. In February, 2009, JFC learned that Defendant Trussell was working for
Defendant MSN, a direct competitor of JFC, at its office in Lancaster, Pennsylvania. The
Lancaster office is located at 1821 Oregon Pike, Suite F, Lancaster, Pennsylvania 17601.
12. By way of a letter dated February 6, 2009, the undersigned counsel for JFC
advised Defendant Trussell that she was in violation of the covenants contained in the
aforementioned Agreement and demanded that she terminate her employment with MSN. A true
and correct copy of this correspondence is attached hereto as Exhibit "C".
13. By way of a second letter dated February 6, 2009, the undersigned counsel for
JFC advised Defendant MSN of Defendant Trussell's obligations under the agreement and
requested that it confirm that Defendant Trussell had terminated her employment with MSN. A
true and correct copy of this correspondence is attached hereto as Exhibit "D".
14. Defendant Trussell continues to be employed by MSN.
15. The actions of Defendant Trussell, as set forth above, and her continuance of
these activities, have caused and will continue to cause irreparable harm in that:
a. JFC will continue to suffer a substantial loss of profits and fees now
and indefinitely in the future; and
b. JFC will continue to suffer irreparable harm to its reputation in the
eyes of its former and current customers and clients.
16. Defendant MSN is an indispensable party because it is believed and therefore
averred that it has received and retained fees and profit, which were obtained as a result of the
actions of Defendant Trussell that constitute violations of the covenant not to compete contained
in the agreement.
17. JFC has no adequate remedy at law to protect its business and property rights
and restraint by injunction is necessary to afford adequate relief.
WHEREFORE, Plaintiff JFC Medical Inc. respectfully requests this Honorable
Court to decree and enter an order directing as follows:
a. That an injunction issue, preliminarily and for a period to continue
until September 6, 2009, enjoining Defendant Trussell from
employment with MSN, or any other direct competitor of JFC
Medical Inc. as contained in the Agreement;
b. That Defendants Trussell and MSN account to JFC Medical Inc. for
profits and income earned on all medical staffing assignments in
which Defendant Trussell participated; and
6
C. That JFC Medical Inc. be granted such other relief as the Court may
deem just and appropriate.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: February 26, 2009
Theod e A. Adler, Esquire
Attorney I.D. No. 16267
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: TAdler@ReagerAdlerPC.com
Attorneys for Plaintiff
7
ExG„6;+ f?
AGREEMENit=L-
JFC This Agreement, made and entered into this day o 20 (77 , b
and between: y
Temps, Inc. / JFC Global /
JFC Medical, Inc.
and Staff Holdings, LLC
(Hereinafter referred to as "JFC")
and
(Hereinafter referred to as "Employee")
JFC Temps, Inc. operates temporary help services; JFC Global (Pro Temps, Inc.) operates
direct hire/contract placement; JFC Medical, Inc. operates direct hire/contract placement; Staff
Holdings, LLC operates temporary and direct hire placement.
Terms:
1. JFC and EMPLOYEE shall be associated as employer and employee at a rate of
compensation to be agreed upon between the parties; however, all bonuses, profit-sharing plans,
insurance plans or other incentives and benefits will be and remain completely,at the discretion of
JFC. JFC is not obligated to pay a bonus to any Employee. It is agreed that any bonus is not
gratuity, without valued consideration, and legally unenforceable. From time to time JFC may have
contests in which it is possible for the Employee to be eligible for a bonus. No such bonus shall be
paid to an Employee who was eligible for a bonus if such Employee is not within the hire of JFC at
the time such bonus is paid.
2. EMPLOYEE acknowledges that JFC will extend considerable time, effort and expense in
training EMPLOYEE in the methods used by JFC and that EMPLOYEE will acquire confidential
knowledge and information as to JFC's accounts, customers, and business patrons, as well as
confidential knowledge and information concerning the methods, forms, and contracts used by JFC,
in its direct hire or temporary placement divisions or any similar business providing such services,
that JFC has expanded substantial sums of money for advertising, public relations, and otherwise to
solicit customers for business and to recruit and indoctrinate applicants for placement on permanent
and/or temporary positions, that EMPLOYEE will receive such experience that upon leaving JFC's
employment for any reason, his engaging directly or indirectly, either alone or on behalf of or in
conjunction with any other person, persons, partnerships or corporation, or to that of a duly
authorized licensee of JFC of Camp HiWHarrisburg/Carhsle/ Lancaster/York/Chambersburg/
Cockeysville, MD, Lakewood CO,or any other JFC office, such engagement will present irreparable
harm and financial loss to JFC, all of which harm is not capable of precise or exact proof or
calculation. Employee, while in the hire of JFC or within 18 months after leaving the hire of JFC
will not directly or indirectly induce or attempt to influence any Employee to terminate his or her
employment with JFC.
I EMPLOYEE, therefore, agrees that he/she will not while in JFC's employ nor within a
period of 18 months following termination of employment for any cause whatsoever, directly or
indirectly engage in any business for himself/herself or act as an employeelagent or be in association
in any capacity with any other person or firm engaged in a similar business to JFC's or services
currently engaged by JFC within a 100 mile radius of any city in which a JFC office is located;
EMPLOYEE acknowledges that doing so in any manner would interfere with, disturb, disrupt,
decrease or otherwise jeopardize the business of JFC and its employees; nor will EMPLOYEE do
anything which tends to take away or diminish the trade, business, or good will of JFC; nor will
EMPLOYEE give to any other person or firm the benefit or advantage of JFC's methods or forms, or
the knowledge, information, contact names, past or present customers, and experience acquired by
EMPLOYEE while employed by JFC.
4. EMPLOYEE agrees upon termination of his employment with JFC for any reason
whatsoever, to return to Mr. James Carchidi, Jr. or a designated representative of JFC all records,
manuals, copies of records and papers pertaining to transactions handled by EMPLOYEE while
associated with JFC; and in the event EMPLOYEE shall fail to do so, or in the event EMPLOYEE
shall violate this instant agreement, EMPLOYEE shall forfeit all claims to unpaid commissions,
bonuses and benefits without affecting the right of JFC to compel the return of said records, papers,
and manuals.
5. Remedy for Breach. Bath parties recognize that the services to be rendered under this
Agreement by the Employee are special, unique, and of extraordinary character, and that in the event
of the breach of JFC of terms and conditions of this Agreement to be performed by him or in the
event Employee shall without the written consent of JFC leave its employment and perform, in the
future, services for any person, firm or corporation engaged in a competing line of business with
JFC, JFC shall be entitled, if it so elects, to institute and prosecute proceeding in any court of
competent jurisdiction either in law or equity to obtain damages for any breach ofthe Employee or to
enjoin Employee from performing service for any other person, firm or corporation, during the
period herein contracted for, but nothing herein contained shall be construed to prevent such remedy
in the courts, in case of any breach of this agreement by Employee as JFC may elect to invoke.
In addition to JFC's right of action for sustained damages by a breach of said covenants, the
parties hereto agree that JFC will have the finther right to enforce these covenants by specific
remedies, which shall include, among other things, temporary restraining orders and temporary and
permanent injunctions. If JFC shall be required by applicable law to furnish a bond or other surety as
a condition to the entry of an injunction or restraining order against Employee for or on account of
the violation of these covenants, Employee hereby agrees that such bond or other surety may be in
the minimum amount allowable by law.
6. Indemni . Employee shall indemnify JFC against any damages, costs, and expenses,
including reasonable attorney's fees, incurred in defending or comprising any claim arising out of
Employee's wrongful behavior. This indemnity shall survive the termination of this Agreement.
7. Liability. JFC shall not be liable to Employee for any expenses incurred by him, nor shall
Employee be liable to JFC for office help or expense and the Employee shall have no authority to
bind JFC by any promise or representation, unless specifically authorized in writing to do so.
Business related expenses, such as mileage to and from a business related function, shall be
reimbursed to Employee on an expense account, according to limits set by management.
8. Waiver. Failure to insist upon strict compliance with any of the terms, covenants, or
conditions hereof shall not be deemed a waiver of such tern, covenant or condition, nor shall any
waiver or relinquishment of any right of power hereunder at any one time or more times be deemed a
waiver of relinquishment of such right of power at any one time or times.
9. Severability. The invalidity or unenforceability of any provision hereof shall in no way
affect the validity or enforceability of any other provision.
10. Modification. This Agreement cannot be changed, modified or discharged orally, but
only as consented to in writing by both parties.
It is further understood that, in the event of termination of employment for any reason or no
reason, no commissions, bonuses or benefits shall be payable to EMPLOYEE other than the
commissions or bonuses already paid and satisfied by draw amounts/guarantee periods or qualifying
criteria at the time of termination. In addition, the Employee will be paid any vacation pay earned
for vacation days, but not used, at the time of termination, providing the Employee has been in the
employ of JFC for a calendar year from Employee's date of hire and has met all criteria set forth in
the employee policies and procedures guidelines.
That the invalidity of any portion of this agreement shall not affect enforceability of the
remainder. If any of these restrictions shall be unenforceable because they are for too long a period
or too broad a geographical area, or for any reason whatsoever, employee agrees that the restrictions
shall be effective for such period of time and such area and to such extent as they may be
enforceable.
L
mployee
Witness
President/Owner
Starting Salary:
Effective Date:
R:Forms:NON COMPETE AGREE ALL DFV1STONS 2/14
?xl.i 6;+ g
J JFCORPORATE HEADQUARTERS:
1520 Market Street, Camp Hill, PA 17011
Staffing Associates T(717) 761-8095 F (717) 761-5470
JFC TEMPS JFC GLOBAL JFC MEDICAL WWW.JFCSTAFFING.COM
March 6, 2008
Via Certified Mail and First Class Mail
Dannielle Trussell
854 Furnace Hills Pike
Lititz, PA 17543
Dear Dannielle,
Today I was informed that you have ended your employment with JFC Medical, Inc. I
want to remind you of the executed Employment Agreement with JFC Temps, Inc., JFC
Global, JFC Medical Inc., and Staff Holdings, LLC., referred to collectively herein as
JFC, that you signed on August 29, 2007. The agreement contains all the appropriate
restrictive covenants concerning trade secrets, customer lists, working directly and/or
indirectly in competition with JFC within a 100-mile radius of any office of JFC. These
restrictions are for a period of eighteen months from your termination date regardless of
the reason.
Specifically we want to remind you to refrain from engaging directly or indirectly with
JFC's client base, as this may tend to take away or diminish the trade, business or good
will of JFC. If you contact JFC's clients directly or indirectly we will institute the
necessary litigation to pursue all available remedies.
We trust that you will comply with all the terms of the agreement and that further action
will not be necessary. I am enclosing herein a copy of the agreement dated August 29,
2007, for your convenience.
Sincerely,
aren L. Goth
Director of Human Resources
cc: James F. Carchidi, Jr., President '.I'
ff
American Staffing Association
CAMP HILL, PA CARLISLE, PA CHAMBERSBURG. PA HARRISBURG, PA LANCASTER, PA YORK,` PA COCKEYSVILLE, Mb
(717) 761-8095 (717) 243-4475 (717) 709-9675 (717) 657-4923 (717) 399-6474 (717) 755-3100 (410) 561-1599
Ex
ATTORNEYS AND COUNSELORS AT LAW
February 6, 2009
Dannielle Trussell
854 Furnace Hills Pike
Lititz, PA 17543
Theodore A. Adler*
30 David W. Reager
Linus E. Fenicle
YEARS Thomas O. Williams
Peter R. Wilson
Certified Civil Trial Specialist
**Of Counsel
Re: Employment with MSN - Medical Staffing Network
Dear Ms. Trussell:
Susan H. Confair
John H. Pietrzak
Wayne S. Martin, P. E.
Neely E. Meals
Richard J. Joyce**
It is our understanding that you have taken a position with MSN - Medical Staffing
Network in Lancaster, Pennsylvania. As you know, you signed an Employment Agreement
when you went to work for JFC in which you agreed that you would not go to work for another
company that provides the same types of services as JFC for a period of 18 months following
your termination. A copy of the agreement you signed is attached. The non-compete provision
of the Employment Agreement provides a geographical range of 100 miles. MSN is located
within that 100-mile geographical area.
By this letter, JFC is demanding that you terminate your employment with MSN
immediately. If you fail to do so, JFC reserves the right to take legal action as provided for in
the agreement.
Please advise us immediately that you have terminated your employment with MSN. If
we do not receive such notification within 10 days of the date of this letter, further legal action
will be taken without any additional notice to you.
Very
TAA/als
Enclosure
cc: Karen L. Goth, Director of Human Resources
A. Adler
A N E N D U R I N G P A R T N E R S H I P
2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradlerpc.com
?xti,b;t D
ATTORNEYS AND COUNSELORS AT LAW
February 6, 2009
MSN - Medical Staffing Network
1821 Oregon Pike, Suite F
Lancaster, PA 17601
Re: Dannielle Trussell
Our Client: JFC Staffing Associates
Dear Sir or Madam:
We represent JFC Staffing Associates.
1
Theodore A. Adler*
30 David W. Reager
Linus E. Fenicle
YEARS Thomas O. Williams
Peter R. Wilson
*Ceditd Civil Trial specialist
**of Counsel
Susan H. Conta.
John H. Pietrzak
Wayne S. Martin, P.E.
Neely E. Meals
Richard J. Joyce**
Dannielle Trussell was an employee of JFC until March 6, 2008. As part of her
employment, she signed an Employment Agreement with JFC. The Agreement contained a non-
compete provision. The non-compete provision provides that for a period of 18 months
following Ms. Trussell's employment with JFC she may not "directly or indirectly engage in any
business for herself or act as an employee/agent or be in association in any capacity with any
other person or firm engaged in a similar business to JFC's ... within a 100-mile radius of any
city in which a JFC office is located." A copy of the Employment Agreement is attached hereto
for your reference.
It has come to our attention that Ms. Trussell is employed by your company. Your
company provides the same types of services as JFC. By separate letter we have advised Ms.
Trussell of her obligations under the Employment Agreement and have advised her that she must
resign her employment from MSN. Otherwise, JFC reserves the right to take appropriate legal
action as provided for in the Employment Agreement. Please confirm that Ms. Trussell has
terminated her employment with MSN. If we do not receive this notification from your office
within 10 days of the date of this letter, JFC may take appropriate legal action without further
notice to Ms. Trussell or to your company.
Very tru ? y urs,
TAA/als
Enclosure
cc: Ms. Dannielle Trussell
Karen L. Goth, Director of Human Resources
A. Adler
A N E N D U R I N G P A R T N E R S H I P
2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradlerpc.com
VERIFICATION
I, Karen Goth, hereby verify that I am the Director of Human Resources of JFC Temps,
Inc., and, as such, I am authorized to verify that the averments of the foregoing Complaint in
Equity are true and correct to the best of my personal knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Jl
Dated: a Jac /09 B
A "'*.,t --tea
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IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs No. 01 -
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
MOTION FOR PRELIMINARY INJUNCTION
AND NOW, comes Plaintiff JFC Medical, Inc. ("JFC"), by and through its
attorneys Reager & Adler, P.C. and respectfully moves this Court for a Preliminary Injunction
pursuant to Pa. R.C.P. 1531, and in support thereof avers as follows:
1. Plaintiff JFC's Complaint in Equity is incorporated herein by reference in its
entirety as if fully set forth herein at length. A true and correct copy of Plaintiff's Complaint is
attached hereto and made a part hereof as Exhibit "1".
2. Defendant Trussell has refused and continues to refuse to cease her
employment with MSN, which employment is in direct violation of the restrictive covenants
contained in the Employment Agreement of August 29, 2007, between JFC and Defendant
Trussell. (See Exhibit "A" to Plaintiff's Complaint in Equity.)
3. Unless such improper conduct of Defendant Trussell is immediately enjoined
and JFC is granted relief as requested, JFC will be irreparably injured in that:
a. JFC will continue to suffer a substantial loss of profits and fees now
and indefinitely in the future; and
b. JFC will continue to suffer irreparable harm to its reputation in the
eyes of its former and current customers and clients.
1
WHEREFORE, Plaintiff requests that this Honorable Court enter an Order
pursuant to Pa. R.C.P. 1531 as follows:
a. That all Defendants be ordered to appear, following due notice, and
show cause why a preliminary injunction should not be issued during
the pendency of this action according to the relief requested in the
Complaint of JFC and the requested injunctive relief;
b. That an injunction shall issue, preliminarily and until final hearing,
and for a period to extend to September 6, 2009, enjoining Defendant
Trussell from employment with MSN and/or any other person or firm
engaged in a similar business to JFC or from engaging in any services
currently engaged by JFC within a 100-mile radius of any city in
which a JFC office is located.
c. That the Court's Order shall remain in full force and effect until such
time as this Court specifically orders otherwise.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: February 26, 2009 A2 I/ W??:
Theodore A. Adler, Esquire
Attorney I.D. No. 16267
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: TAdler@ReagerAdlerPC.com
Attorneys for Plaintiff
2
I--,"
IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff No.
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint. and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff No.
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los
proximos veinte (20) dias despues de a notificacion de esta Demanda y Aviso radicando
personalmente o por medio de_un abogado una comparecencia escrita y radicando en la Code por
escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le
advierte de que si usted falla de tomar accibn como se describe antenormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier
otra reclamacibn o remedio solicrtado por el demandante puede ser dictado en contra suya por la
Code sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS DUE
CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
2
t
IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. No.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
COMPLAINT IN EQUITY
AND NOW, comes Plaintiff JFC Medical, Inc. ("JFC"), by and through its
attorneys Reager & Adler, P.C., and files the within Complaint and in support thereof avers the
following:
PARTIES
1. JFC is a corporation doing business under the laws of the Commonwealth of
Pennsylvania with its principal place of business being 1520 Market Street, Camp Hill, PA
17011. It maintains offices in Cumberland, Dauphin, Franklin, Lancaster and York counties in
Pennsylvania. JFC is a personnel staffing company that provides medical staffing needs on a
contract and direct hire basis.
2. Defendant Dannielle Trussell is an adult individual with a present address of
854 Furnace Hills Pike, Lititz, PA 17543.
3. Defendant MSN - Medical Staffing Network ("MSN") is a publicly traded
company with corporate offices at 901 Yamato Road, Suite 110, Boca Raton, Florida 33431. It
3
conducts business in Pennsylvania at various locations in Cumberland, Dauphin, York and
Lancaster counties. MSN provides medical staffing services for companies throughout the
United States including Cumberland, Dauphin, York and Lancaster counties in Pennsylvania.
VENUE
4. Pursuant Pa. R.C.P. 1006, venue in this Court is proper because the
employment agreement that is the subject matter of this action was executed by the parties in
Cumberland County, Pennsylvania.
CAUSE OF ACTION
Breach of Contract (Covenant Not to Compete)
JFC Medical, Inc. v. Dannielle Trussell and MSN - Medical Staffing Network
5. On August 29, 2007, Defendant Trussell entered into a valid written
employment agreement under whose terms JFC hired Defendant Trussell. A true and correct
copy of the aforesaid Agreement is attached hereto, made a part hereof and marked as Exhibit
«A„
6. In accordance with the Agreement, Defendant Trussell agreed, in
consideration of her employment, training and salary that, for 18 months from the termination of
her employment, she would not:
... directly or indirectly engage in any business for himself/herself
or act as an employee/agent or be in association in any capacity
with any other person or firm engaged in similar business to JFC's
or services currently engaged by JFC within a 100 mile radius of
any city in which a JFC office is located...
4
7. The agreement provides that JFC "shall be entitled, if it so elects, to institute
and prosecute proceeding in any court of competent jurisdiction either in law or equity to obtain
damages for any breach of the Employee or to enjoin Employee from performing service for any
other person, firm or corporation..."
8. Pursuant to the Agreement, Defendant Trussell further acknowledged that an
injunction shall be available to JFC in the event of a breach of the agreement.
9. JFC was notified on March 6, 2008 that Defendant Trussell voluntarily
terminated her employment with JFC.
10. By way of letter dated March 6, 2008, Karen Goth, Director of Human
Resources for JFC , advised Defendant Trussell of her obligations under the Agreement. A true
and correct copy of this correspondence is attached hereto as Exhibit "B".
11. In February, 2009, JFC learned that Defendant Trussell was working for
Defendant MSN, a direct competitor of JFC, at its office in Lancaster, Pennsylvania. The
Lancaster office is located at 1821 Oregon Pike, Suite F, Lancaster, Pennsylvania 17601.
12. By way of a letter dated February 6, 2009, the undersigned counsel for JFC
advised Defendant Trussell that she was in violation of the covenants contained in the
aforementioned Agreement and demanded that she terminate her employment with MSN. A true
and correct copy of this correspondence is attached hereto as Exhibit "C".
13. By way of a second letter dated February 6, 2009, the undersigned counsel for
JFC advised Defendant MSN of Defendant Trussell's obligations under the agreement and
requested that it confirm that Defendant Trussell had terminated her employment with MSN. A
true and correct copy of this correspondence is attached hereto as Exhibit "D".
14. Defendant Trussell continues to be employed by MSN.
5
15. The actions of Defendant Trussell, as set forth above, and her continuance of
these activities, have caused and will continue to cause irreparable harm in that:
a. JFC will continue to suffer a substantial loss of profits and fees now
and indefinitely in the future; and
b. JFC will continue to suffer irreparable harm to its reputation in the
eyes of its former and current customers and clients.
16. Defendant MSN is an indispensable party because it is believed and therefore
averred that it has received and retained fees and profit, which were obtained as a result of the
actions of Defendant Trussell that constitute violations of the covenant not to compete contained
in the agreement.
17. JFC has no adequate remedy at law to protect its business and property rights
and restraint by injunction is necessary to afford adequate relief.
WHEREFORE, Plaintiff JFC Medical Inc. respectfully requests this Honorable
Court to decree and enter an order directing as follows:
a. That an injunction issue, preliminarily and for a period to continue
until September 6, 2009, enjoining Defendant Trussell from
employment with MSN, or any other direct competitor of JFC
Medical Inc. as contained in the Agreement;
b. That Defendants Trussell and MSN account to JFC Medical Inc. for
profits and income earned on all medical staffing assignments in
which Defendant Trussell participated; and
6
C. That JFC Medical Inc. be granted such other relief as the Court may
deem just and appropriate.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: February 26, 2009 lllkf--
Theodofe A. Adler, Esquire
Attorney I.D. No. 16267
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: TAdler@ReagerAdlerPC.com
Attorneys for Plaintiff
7
it
AGREEMENT
This Agreement, made and entered into this day o , 20 07 , by
and between:
JFC Temps, Inc. / JFC Global /
JFC Medical, Inc.
and Staff Holdings, LLC
(Hereinafter referred to as "JFC")
and
7-? d
(Hereinafter referred to as "Employee")
JFC Temps, Inc. operates temporary help services; JFC Global (Pro Temps, Inc.) operates
direct hire/contract placement; JFC Medical, Inc. operates direct hire/contract placement; Staff
Holdings, LLC operates temporary and direct hire placement.
Terms:
1. JFC and EMPLOYEE shall be associated as employer and employee at a rate of
compensation to be agreed upon between the parties; however, all bonuses, profit-sharing plans,
insurance plans or other incentives and benefits will be and remain completely.at the discretion of
JFC. JFC is not obligated to pay a bonus to any Employee. It is agreed that any bonus is not
gratuity, without valued consideration, and legally unenforceable. From time to time JFC may have
contests in which it is possible for the Employee to be eligible for a bonus. No such bonus shall be
paid to an Employee who was eligible for a bonus if such Employee is not within the hire of JFC at
the time such bonus is paid.
2. EMPLOYEE acknowledges that JFC will extend considerable time, effort and expense in
training EMPLOYEE in the methods used -by JFC and that EMPLOYEE will acquire confidential
e ,
knowledge and information as to JFC's accounts, customers, and business patrons, as well as
confidential knowledge and information concerning the methods, forms, and contracts used by JFC,
in its direct hire or temporary placement divisions or any similar business providing such services,
that JFC has expanded substantial sums of money for advertising, public relations, and otherwise to
solicit customers for business and to recruit and indoctrinate applicants for placement on permanent
and/or temporary positions, that EMPLOYEE will receive such experience that upon leaving JFC's
employment for any reason, his engaging directly or indirectly, either alone or on behalf of or in
conjunction with any other person, persons, partnerships or corporation, or to that of a duly
authorized licensee of JFC of Camp Hill/Harrisburg/Carlisle/ Lancaster/York/Chambersburg/
Cockeysville, MD, Lakewood CO,or any other JFC office, such engagement will present irreparable
harm and financial loss to JFC, all of which harm is not capable of precise or exact proof or
calculation. Employee, while in the hire of JFC or within 18 months after leaving the hire of JFC
will not directly or indirectly induce or attempt to influence any Employee to terminate his or. her
employment with JFC.
3. EMPLOYEE, therefore, agrees that he/she will not while in JFC's employ nor within a
period of 18 months following termination of employment for any cause whatsoever, directly or
indirectly engage in any business for himself/herself or act as an employee/agent or be in association
in any capacity with any other person or firm engaged in a similar business to JFC's or services
currently engaged by JFC within a 100 mile radius of any city in which a JFC office is located;
EMPLOYEE acknowledges that doing so in any manner would interfere with, disturb, disrupt,
decrease or otherwise jeopardize the business of JFC and its employees; nor will EMPLOYEE do
anything which tends to take away or diminish the trade, business, or good will of JFC; nor will
EMPLOYEE give to any other person or firm the benefit or advantage of JFC's methods or forms, or
the knowledge, information, contact names, past or present customers, and experience acquired by
EMPLOYEE while employed by JFC.
4. EMPLOYEE agrees upon termination of his employment with JFC for any reason
whatsoever, to return to Mr. James Carchidi, Jr. or a designated representative of JFC all records,
manuals, copies of records and papers pertaining to transactions handled by EMPLOYEE while
associated with JFC; and in the event EMPLOYEE shall fail to do so, or in the event EMPLOYEE
shall violate this instant agreement, EMPLOYEE shall forfeit all claims to unpaid commissions,
bonuses and benefits without affecting the right of JFC to compel the return of said records, papers,
and manuals.
5. Remedy for Breach. Both parties recognize that the services to be rendered under this
Agreement by the Employee are special, unique, and of extraordinary character, and that in the event
of the breach of JFC of terms and conditions of this Agreement to be performed by him or in the
event Employee shall without the written consent of JFC leave its employment and perform, in the
future, services for any person, firm or corporation engaged in a competing line of business with
JFC, JFC shall be entitled, if it so elects, to institute and prosecute proceeding in any court of
competent jurisdiction either in law or equity to obtain damages for any breach of the Employee or to
enjoin Employee from performing service for any other person, firm or corporation, during the
period herein contracted for, but nothing herein contained shall be construed to prevent such remedy
in the courts, in case of any breach of this agreement by Employee as JFC may elect to invoke.
In addition to JFC's right of action for sustained damages by a breach of said covenants, the
parties hereto agree that JFC will have the further right to enforce these covenants by specific
remedies, which shall include, among other things, temporary restraining orders and temporary and
permanent injunctions. If JFC shall be required by applicable law to furnish abond or other surety as
a condition to the entry of an injunction or restraining order against Employee for or on account of
the violation of these covenants, Employee hereby agrees that such bond or other surety may be in
the minimum amount allowable by law.
6. Indemni Employee shall indemnify JFC against any damages, costs, and expenses,
including reasonable attorney's fees, incurred in defending or comprising any claim arising out of
Employee's wrongful behavior. This indemnity shall survive the termination of this Agreement.
7. Liabili . JFC shall not be liable to Employee for any expenses incurred by him, nor shall
Employee be liable to JFC for office help or expense and the Employee shall have no authority to
bind JFC by any promise -or representation, unless specifically authorized in writing to do so.
Business related expenses, such as mileage to and from a business related function, shall be
reimbursed to Employee on an expense account, according to limits set by management.
8. Waiver. Failure to insist upon strict compliance with any of the terms, covenants, or
conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any
waiver or relinquishment of any right of power hereunder at any one time or more times be deemed a
waiver of relinquishment of such right of power at any one time or times.
9. Severabilitv. The invalidity or unenforceability of any provision hereof shall in no way
affect the validity or enforceability of any other provision.
10. Modification. This Agreement cannot be changed, modified or discharged orally, but
only as consented to in writing by both parties.
It is further understood that, in the event of termination of employment for any reason or no
reason, no commissions, bonuses or benefits shall be payable to EMPLOYEE other than the
commissions or bonuses already paid and satisfied by draw amounts/guarantee periods or qualifying
criteria at the time of termination. In addition, the Employee will be paid any vacation pay earned
for vacation days, but not used, at the time of termination, providing the Employee has been in the
employ of JFC for a calendar year from Employee's date of hire and has met all criteria set forth in
the employee policies and procedures guidelines.
That the invalidity of any portion of this agreement shall not affect enforceability of the
remainder. If any of these restrictions shall be unenforceable because they are for too long a period
or too broad a geographical area, or for any reason whatsoever, employee agrees that the restrictions
shall be effective for such period of time and such area and to such extent as they may be
enforceable.
1?4
i Gam,--?L?
mployee
J
Witness
President/Owner
Starting Salary:
Effective Date:
R:Fonns:NON COMPETE AGUE ALL DFV1STONS M4
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JFC CORPORATE HEADQUARTERS:
1520 Market Street, Camp Hill, PA 17011
` Staffing Associates T(717) 761-8095 F(717)761-5470
JFC TEMPS JFC GLOBAL JFC MEDICAL WWW.JFCSTAFFING.COM
March 6, 2008
Via Certified Mail and First Class Mail
Dannielle Trussell
854 Furnace Hills Pike
Lititz, PA 17543
Dear Dannielle,
Today I was informed that you have ended your employment with JFGMedical, Inc. I
want to remind you of the executed Employment Agreement with JFC Temps, Inc., JFC
Global, JFC Medical Inc., and Staff Holdings, LLC., referred to collectively herein as
JFC, that you signed on August 29, 2007. The agreement contains all the appropriate
restrictive covenants concerning trade secrets, customer lists, working directly and/or
indirectly in competition with JFC within a 100-mile radius of any office of JFC. These
restrictions are for a period of eighteen months from your termination date regardless of
the reason.
Specifically we want to remind you to refrain from engaging directly or indirectly with
JFC's client base, as this may tend to take away or diminish the trade, business or good
will of JFC. If you contact JFC's clients directly or indirectly we will institute the
necessary litigation to pursue all available remedies.
We trust that you will comply with all the terms of the agreement and that further action
will not be necessary. I am enclosing herein a copy of the agreement dated August 29,
2007, for your convenience.
Sincerely,
r
en L. Goth
Director of Human Resources
cc: James F. Carchidi, Jr., President s
F0 KMIF
r incriam Staff A-gsod?ition
CAMP HILL, PA CARLISLE, PA CHAMBERSBURG, PA HARRISBURG, PA LANCASTER, PA YORK, PA COCKEYSVILLE, MD
(717) 761-8095 (717) 243-4475 (717) 709-9675 (717) 657-4923 (717) 399-6474 (717) 755-3100 (410) 561-1599
?xtij b ? C
ATTORNEYS AND COUNSELORS AT LAW
Theodore A. Adler*
30 David W. Reager
Linus E. Fenicle
YEARS Thomas 0. Williams
Peter R. Wilson
'Certified CMII TrW Speclellst
**Of Counsel
February 6, 2009
Dannielle Trussell
854 Furnace Hills Pike
Lititz, PA 17543
Re: Employment with MSN - Medical Staffing Network
Dear Ms. Trussell:
Susan H. Confair
John H. Pletrzak
Wayne S. Martin, P.E.
Neely E. Meals
Richard J. Joyce-
It is our understanding that you have taken a position with MSN - Medical Staffing
Network in Lancaster, Pennsylvania. As you know, you signed an Employment Agreement
when you went to work for JFC in which you agreed that you would not go to work for another
company that provides the same types of services as JFC for a period of 18 months following
your termination. A copy of the agreement you signed is attached. The non-compete provision
of the Employment Agreement provides a geographical range of 100 miles. MSN is located
within that 100-mile geographical area.
By this letter, JFC is demanding that you terminate your employment with M8N
immediately. If you fail to do so, JFC reserves the right to take legal action as provided for in
the agreement.
Please, advise us immediately that you have terminated your employment with MSN. If
we do not receive such notification within 10 days of the date of this letter, further legal action
will be taken without any additional notice to you.
Very truly Yours,
TAA/als
Enclosure
cc: Karen L. Goth, Director of Human Resources
A. Adler
A N E N D U R I N G P A R T N E R S H I P
2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradlerpc.com
1 '
A
ATTORNEYS AND COUNSELORS AT LAW
February 6, 2009
MSN - Medical Staffing Network
1821 Oregon Pike, Suite F
Lancaster, PA 17601
Re: Dannielle Trussell
Our Client: JFC Staffing Associates
Dear Sir or Madam:
1
Theodore A. Adler
3 /'? !?avid W. Reager
1V1 Linus E. Fenicle
YEARS Thomas 0. Williams
Peter R. Wilson
•C Uftd Civil Trial specialist
**Of Counsel
Susan H: Conte.
John H. Pietrzak
Wayne S. Martin, P. E.
Neely E. Meals
Richard J. Joyce"
We represent JFC Staffing Associates.
Dannielle Trussell was an employee of JFC until March 6, 2008. As part of her
employment, she signed an Employment Agreement with JFC. The Agreement contained a non-
compete provision. The non-compete provision provides that for a period of 18 months
following Ms. Trussell's employment with JFC she may not "directly or indirectly engage in any
business for herself or act as an employee/agent or be in association in any capacity with any
other person or firm engaged in a similar business to JFC's ... within a 100-mile radius of any
city in which a JFC office is located." A copy of the Employment Agreement is attached hereto
for your reference.
It has come to our attention that Ms. Trussell is employed by your company. Your
company provides the same types of services as JFC. By separate letter we have advised Ms.
Trussell of her obligations under the Employment Agreement and have advised her that she must
resign her employment from MSN. Otherwise, JFC reserves the right to take appropriate legal
action as provided for in the Employment Agreement. Please confirm that Ms. Trussell has
terminated her employment with MSN. If we do not receive this notification from your office
within 10 days of the date of this letter,. JFC may take appropriate legal action without further
notice to Ms. Trussell or to your company.
Very to y urs, 1117,1,
TAA/als
Enclosure
cc: Ms: Dannielle Trussell
Karen L. Goth, Director of Human Resources
A. Adler
A N E N D U R I N G P A R T N E R S H I P
2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradlerpc.com
VERIFICATION
I, Karen Goth, hereby verify that I am the Director of Human Resources of JFC Temps,
Inc., and, as such, I am authorized to verify that the averments of the foregoing Complaint in
Equity are.true and correct to the best of my personal knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Dated: ?, °?? log
CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Theodore A. Adler, Esquire, hereby certify that a
true and correct copy of the foregoing Motion for Preliminary Injunction will be served upon the
following parties of record with original process, as follows:
Dannielle Trussell
854 Furnace Hills Pike
Lititz, PA 17543
via Sheriff's Service
MSN - Medical Staffing Network
901 Yamato Road
Suite 110
Boca Raton, Florida 33431
via Certified Mail - RRR
Date: February 26, 2009 (3-QaA
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FF? 2 7 2009 ( 4
JFC Medical, Inc.
Plaintiff
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. -0
RULE
, 2009, inconsideration of the within
AND NOW, this day of 2qdje
Motion for Preliminary Injunction, a Rule is hereby entered upon the Defendants to show cause
why the Preliminary Injunction should not be granted as prayed for in the within motion. Rule
returnable thev?yqday of , 2009, at /% 0 a.m. in court room
Cumberland County Courthouse, Carlisle, Pennsylvania.
Service List:
,/'Theodore Adler, Esquire
Wayne S. Martin, Esquire
Reager & Adler, P.C.
2331 Market Street
/Camp Hill, PA 17011
v Dannielle Trussell
854 Furnace Hills Pike
Lititz, PA 17543
V'M//SN - Medical Staffing Network
901 Yamato Road
Suite 110
Boca Raton, Florida 33431
/ tt
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-
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JFC Medical, Inc.
Plaintiff
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-1162 Civil Term
PRAECIPE TO FILE AFFIDAVIT OF SERVICE
To The Prothonotary:
Kindly file of record the attached Affidavit of Service.
Date: March 6, 2009
Respectfully submitted,
REAGER & ADLER, P.C.
/G G
Theodore A. Adler, Esquire
Attorney I.D. No. 16267
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: TAdler@ReagerAdlerPC.com
Attorneys for Plaintiff
JFC Medical, Inc.
Plaintiff
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-1162 Civil Term
AFFIDAVIT OF SERVICE BY MAIL
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
Wayne S. Martin, Esquire, being duly sworn, upon oath, deposes and says as follows:
1. I am the attorney for JFC Medical, Inc. in the above-entitled case. On February 26,
2009, I caused to be transmitted, by a form of mail requiring a signed receipt, a copy of the
complaint filed in this action to MSN - Medical Staffing Network. A copy of the transmittal
letter is attached hereto as Exhibit "A".
2. I further depose and say that our office thereafter received from the Postmaster of
Camp Hill, Pennsylvania, a return receipt bearing the notation "Date of delivery: March 2, 2009."
A copy of the official return receipt is attached hereto as Exhibit "B".
Respectfully submitted,
REAGER & ADLER, P.C.
Wayn . Martin, Esquire
Attorney I.D. No. 208078
Sworn to and subscribed
before me this day of
2009.
otary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
LINDA H MILLER
Notary Public
Fcm,nv OF HARRISBURG, DAUPHIN COUNTY
Commission Expires May 9, 2009
r
ATTORNEYS AND COUNSELORS AT LAW
February 26, 2009
VIA CERTIFIED U.S. MAIL - RRR
AND REGULAR MAIL
MSN - Medical Staffing Network
901 Yamato Road
Suite 110
Boca Raton, FL 33431
Theodore A. Adler*
30 David W. Reager
Linus E. Fenicle
YEARS Thomas O. Williams
Peter R. Wilson
*CsrtiffW Civil Trial specialist
**Of Counsel
Susan H. Confair
John H. Pietrzak
Wayne S. Martin, P.E
Neely E. Meals
Richard J. Joyce**
Writer's Email Address:
ASouders@ReagerAdierPC.com
Re: JFC Medical, Inc. v. Dannielle Trussell and MSN - Medical Staffing Network
Docket No. 09-1162
To Whom It May Concern:
Enclosed please find a Complaint and Motion for Preliminary Injunction which have been filed
in the Court of Common Pleas of Cumberland County, Pennsylvania this date. Please be guided
accordingly. Thank you.
Sincerely,
Alana L. S ers
Paralegal
ALS/st
Enclosures
A N E N D U R 1 N G P A R T N E R S I
2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 v EXHIBIT "All
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¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
! so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front ff space permits.
1. Article Addressed to:
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D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
.AzL,t;eMtlea mail U txpress naafi
? Registered ? Return Receipt for Merchandise
? Insured Mail ? G.O.D.
J 3 1 14. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rmnsfer from service label 71102 41 0004 1003 1308
i PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424
EXHIBIT "B"
CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Wayne S. Martin, Esquire, hereby certify that a
true and correct copy of the foregoing Praecipe to File Affidavit of Service will be served upon
the following parties of record via First Class U.S. Mail, addressed as follows:
Dannielle Trussell
854 Furnace Hills Pike
Lititz, PA 17543
MSN - Medical Staffing Network
901 Yamato Road
Suite 110
Boca Raton, Florida 33431
Date: March 6, 2009
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Dan M. Brookhart, Esquire
ATLEE, HALL & BROOKHART, LLP
8 North Queen Street
Lancaster, PA 17608-0449
Attorney for Plaintiff
(717) 393-9596
Sup. Ct. I.D. No. 46552
JFC MEDICAL, INC.
Plaintiff(s)
vs.
DANNIELLE TRUSSELL
and
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 09-1162
MSN - MEDICAL STAFFING NETWORK
Defendant(s)
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of Defendant, Dannielle Trussell, in the above
referenced matter.
Respectfully submitted:
Dated: .? Ie La
ATLEE, HALL & BROOKHART, LLP
By:
Dan M. Brookhart, Esquire
Attorney for Defendant
8 North Queen Street
P.O. Box 449
Lancaster, PA 17608-0449
(717) 393-9596
I.D. No. 46552
v
CERTIFICATE OF SERVICE
I hereby certify that I have this day caused a true and correct copy of the foregoing
document, to be served upon the following persons by placing a copy of the said document in
the United States mail, first class mail, directed to their office addresses as follows:
Theodore A. Adler, Esquire
Reager & Adler, P.C.
2331Market Street
Camp Hill, PA 17011
Charles M. Poplstein, Esquire
Thompson Coburn LLP
One US Bank Plaza
St. Louis, MO 63101
Dated: 10 9 ATLEE, HALL & BROOKHART, LLP
By: - A,,;?
Dan M. Brookhart, Esquire
Attorney for Defendant(s)
8 North Queen Street
P.O. Box 449
Lancaster, PA 17608-0449
(717) 393-9596
I.D. No.46552
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CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Theodore A. Adler, Esquire, hereby certify that a
true and correct copy of the foregoing Praecipe to File a Stipulated Order will be served upon
the following parties of record, as follows:
Via Hand Delivery
Honorable Kevin A. Hess, Judge
Cumberland County Court of Common Pleas
1 Courthouse Sq., Suite 100
Carlisle, PA 17013
Via Electronic and First Class Mail
Dan M. Brookhart, Esquire
Atlee, Hall & Brookhart
8 North Queen Street
Lancaster, PA 17608
Counsel to Dannielle Trussell
Mary K. Carr, Esquire
MSN - Medical Staffing Network
One Lincoln Centre
18W140 Butterfield Road
Suite 500
Oakbrook Terrace, IL 60181
Date: I?
IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. No. 09-1162 Civil Term
Dannielle Trussell and MSN - Medical
Staffing Network :
Defendants
PRAECIPE FOR ENTRY OF STIPULATED ORDER
TO THE PROTHONOTARY:
Pursuant to agreement of the parties, please have the Honorable Kevin A. Hess sign and
enter the attached Stipulated Order.
Respectfully submitted,
REAGERX yR, P.C.
Date: March 24, 2009
The6dore A. Adler, Esquire
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: TAdler@ReagerAdlerPC.com
Attorneys for Plaintiff
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MAR 2 6 2009
IN THE COURT OF COMMON PLEAS
JFC Medical, Inc. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. 09-1162 Civil Term .
V.
Dannielle Trussell and MSN - Medical
Staffing Network
Defendants
ORDER
AND NOW this 17. day of March, 2009, upon agreement of the parties hereto,
by their respective counsel, it is hereby ORDERED and DECREED as follows:
1. Defendant Dannielle Trussell is hereby enjoined from being hereafter
employed by Defendant MSN - Medical Staffing Network or any other company or entity that
competes with JFC Medical, Inc. and has an office within 100 miles of JFC Medical, Inc.'s
offices in Lancaster, York, Cumberland, Dauphin and Franklin counties until September 6, 2009.
2. All claims for injunctive relief are hereby subsumed into this ORDER, and
all other claims remaining between the parties, including any claim for damages, are hereby
DISMISSED, each party to bear its own costs and counsel fees.
3. Assuming satisfaction of the conditions set forth in paragraph one (1) of
this ORDER, Plaintiff will take no further legal action or make any further claims in law or
equity against Defendants.
4. In the event this Court finds that a Defendant has violated this Order;
Plaintiff shall be entitled to the imposition of appropriate sanctions against that Defendant.
FILED-0-TI :F
F THE PROTPOI.ICTARY
2009 MAR 2 7 AM 10:3 6
This Court shall maintain jurisdiction over Defendants for the purpose of
enforcing this Order.
Service List
Van M. Brookhart, Esquire
V
Atlee, Hall & Brookhart
8 North Queen Street
Lancaster, PA 17608
ary K. Carr, Esquire
MSN - Medical Staffing Network
One Lincoln Centre
18W140 Butterfield Road
Suite 500
Oakbrook Terrace, IL 60181
Xeodore A. Adler, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
4C ,
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2009-01162 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JFC MEDICAL INC
VS
TRUSSELL DANNIELLE ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
TRUSSELL DANNIELLE
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of LANCASTER County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 13th , 2009 , this office was in receipt of the
attached return from LANCASTER
Sheriff's
Docketing
Out of Co
Surcharge
Lancaster
Postage
Costs:
18.00
.inty 9.00
10.00
Co. 51.30
.20
So answer >-_---,'
Thomas Kline
Sheriff of Cumberland County
U U . J V
04/13/2009
REAGER & ADLER
Sworn and subscribe to before me
this day of
A. D.
C._ ,?„