HomeMy WebLinkAbout12-0626HEALTH SEARCH, INC.
Plaintiff
V.
DOUGLAS T. WEAVER, Individually,
and t/d/b/a THE ATLANTIC
CHIROPRACTIC CENTER
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. /01- W(,o
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CIVIL ACTION - LAW 3
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
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 or any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
717-249-3166
1-800-990-9108
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HEALTH SEARCH, INC. : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO.
DOUGLAS T. WEAVER, Individually,
and t/d/b/a THE ATLANTIC
CHIROPRACTIC CENTER
Defendants : CIVIL ACTION - LAW
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas enlas paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o
por cualquier otra queja o compensacion reclamados por el Demandante.
USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS
IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O
LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR
DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
717-249-3166
1-800-990-9108
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associates a.net
HEALTH SEARCH, INC.
Plaintiff
V.
DOUGLAS T. WEAVER, Individually,
and t/d/b/a THE ATLANTIC
CHIROPRACTIC CENTER
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, HEALTH SEARCH, INC., by its attorneys, KUNDRAT &
ASSOCIATES, and states the following cause of action:
1. Plaintiff, HEALTH SEARCH, INC., is a Pennsylvania corporation authorized to
do business in Pennsylvania with offices and/or a place of business situate at 243 York Road,
Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant, Douglas T. Weaver, is an adult individual with an address of 12136
Central Avenue, Mitchellville, Maryland, 20721.
3. During all relevant times hereto, Defendant conducted business using the
fictitious name The Atlantic Chiropractic Center.
4. Plaintiff is, and at all relevant times was, a provider of health professionals to
work on a temporary basis.
5. Defendant is, and at all relevant times was, a health professional conducting a
chiropractic practice.
6. On or about September 17, 2010, Defendant entered into an agreement with
Plaintiff titled "Pain Physician Locum Tenens Coverage Request" (Agreement). A true and
correct copy of the agreement is attached hereto and made a part hereof and marked Exhibit "A".
(Fees have been redacted due to confidentiality.)
7. Between March 23, 2011, and September 1, 2011, Plaintiff provided health
professionals to Defendant pursuant to the above-referenced agreement. Plaintiff provided the
health professionals requested by Defendant, the billings for which are represented by invoices
which total $14,170.11 as of September 1, 2011. Invoices are not attached due to confidentiality,
but will be supplied upon request.
8. The prices charged for the health professionals provided to Defendant were the
fair, reasonable, and market prices for the service of providing health professionals, and the
prices that Defendant agreed to pay.
9. Defendant has not objected to any of these invoices and has accepted the services
provided by the health professionals, but has failed to pay Plaintiff despite demand, all to the
damage of Plaintiff.
10. Pursuant to the terms and conditions set forth in the Agreement, which terms and
conditions were agreed to by Plaintiff and Defendant, Plaintiff is entitled to receive a finance
charge of 1.5% per month on past due amounts.
11. Pursuant to the terms and conditions set forth in the Agreement, Defendant agreed
to pay reasonable attorney's fees and all court and collection costs.
12. Plaintiff has retained the services of the law firm of KUNDRAT &
ASSOCIATES at a contingency rate of one-third (1/3) in the collection of the amounts due from
Defendant.
13. Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
14. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, Plaintiff, HEALTH SEARCH, INC. respectfully requests this
Honorable Court to enter judgment in favor of Plaintiff and against Defendant Douglas T.
Weaver individually and t/d/b/a The Atlantic Chiropractic Center in the amount of $14,170.11,
plus interest at the rate of 1.5% per month from June 1, 2011, attorney's fees in the amount of
$4,723.37, the costs of this action, and such other relief as the court deems just and proper.
KUNDRAT & ASSOCIATES
By
Kundrat, Esquire
Y for Plaintiff
Dated: /- a 7,
SEP•?17-2010 08:47AM FROW T-422 P.001/004 F-485
lleall h Search Inc.
243 Vork Road
CnrJ We. PA 17013 r Tel. 500.650-1001
Pain Physician
LOCUM TENENS COVERAGE REQUEST
THIS LEGAL AGREEMEN'r is betweelt Health S=ch, a Pennsylvania business corporation, and Client (you). detailed
ltvloi?, w provide the lervic+!. of PHYSICIAN as an independent contractor to Client on a Locum Tenen basis.
Specific Terms
Client Name The At antic Chiropractic Center
Billing Addrews: 12136 Cenral Avenue,
City, State Mitehellvllle, MD 20721
Billing Contacl I't 1'?cn: Douglas Weaver, D.C.
Work Site ]Name for Requested PHYSICIAN: ---,SAME A.S ABOVE
Address:
City/State!Z.ip:
Client RGrresentalive to Approve Timashmts: Vp be ddolliund,-?___?__
This agrees unt shall have an initial term beginning September 17, 2010 and ending September 17,
2011 for al] MUTUALLY agreed upon dates, and will automatically renew for cons, Cu6vv 1 ysty
tvrm.s unless terminated via formd.l notice in writing by either party.
FATE:
Cost of Physician ? PER: Weekday (Monday through Priday, 5 days gutavoteed
per week, 8 how-,j guaranteed per day, including holidays) or other
agreed upon amount
Agency Cost xr 8 hour day and / or 4tour
OVERTIME:
Cost of Physician Aw outlined in Assignment Confirmation
CALL Meekend) As outlined in Assignment Confirmation
Per diem of up tc ' will be charged for all mzais and Incidental expenses.
11* if any hours ara worked by the locum tenen PHYSICIAN per weekend day at The request of the
Client, the Client will be billtid the hourly overtime rate per hour, including congultatiuns and rounds.
""° If the; physician works any hours per weekend call, Health Search shall bill the overtime rate for the
total hour; worked.
1'Irascz Note, Each Coverage, Period or Assignment subject to the wrms of this Agreement shall be sut 1'cath in a
separate document entitled Assignment Confirmation, which will be authorized by all panics.
EXHIBIT
A
SEP-I T-2010 08:47AM FROII-
iralc:7 Search Inc.
.43 Vark Road
?.1'0 114c, PA 17013
T-422 P-002/004 F-485
l:,Ip •actice insurance:
lfprovided by K-talth Search, Inc, an additional fee will be charged to client based on current prem:um-
• It- provided by locum tenens Physician, Client must approve and verify coverage.
• May be provided by Client. (This will be outlined in the Assignment Confirmation)
I1•:clt•t Search Antles: To uysiKt in obtaining high quality PHYSICIAN services, we will use our best efforts tti:
• Provide locum tener1S PHYSICIANS acceptable to you;
• Assist In obtaining PHYSICIAN licuniure, as necessary, and
• Allow you to retain all income generated by locum tenens PHYSICIAN.
jor Duties. To enable us to provide quality PliYSiCIANS to your facility. you wilt:
• Notify us of the 4VCE;ptnbiliry of any PHYSICIAN presented to you within two working days;
Provide the locum tenens PHYSICIAN(S), according to the required specialty, wirb a reasonable work
schedule, reasonably maintained usual and customary equipment, usual and customary. supplies, a suitable
practice environmont complying with accepted clinical and procedural standards and, as necessary,
appropriately trained support staff to enable the PHYSICIAN(s) to perform their services:
Provide payment to HEA1: TH SEARCH INC. directly for services within 7 days of invoice.
Provide PHYSICIAN the cost of round-trip transportation for PHYSICIAK(a) to your cotnmunity;
fie-Fag-eee?ntaatiens c?cctsit?sfybnr faei}i3y;?zr3d
11"y?as}]irt•?ti??,,,?d}it??y?c?imtfyt?n}!y:
® Pay for any medical staff application, costs incurred to obtain medical staff privileges and mCdic:al r4atf
membership fees for the Locum T'enanq PHYSICIAN(-);
• Pay up to the IRS approved milcage, re-imbumement rate per mile if the PHYSICIAN personal vehicle Is
u:;ed;
• Facilitate obtaining hospital privileges for the Locum Tenens PHYSICIAN as necessary;
¦ Comply with the AMA, JCAH0, federal, state and local standards relating to patient card and related
activities;
• and participate in. Health Search's customer service/risk managernent activities
• have authorized 01ieru representative npprovc and aign the Locum Tenens PHYSICIAN'S time sheot each
week.
You agree to pay the locum tenens fees as detailed above. We will bill you every weak f(?r all PHYSICIAN and
It +! CYservices from Client approved time sheets and any miscellaneous expenses for travel and housing aS detailed
You agme that pitynlents are due within 7 days of the invoice, .tad that unpaid balances will bear inrerest at the
' i % per month.
I:4•1111 (fillings: Clicnt agrees that it will be solely responsible for billing and collection and all applications and
f'r,;ltion related thertno with respect to the PHYSICIAN and that the payment to Health Searob and PHYSICIAN of
7111 ,ubmilted to Client ;shall be paid regardless of Client's billing procedures and coLlections.
"- fl) lucnt Ylacemunt, Recruitment or other usage of a PHYSICIAN presented by its to you: We eneourage you
,. •(Our locum tenens PHYSICIAN and to recruit our PHYSICIAN to your staff if you so choose. You agrom tc) pay
,rulimcrn fee in the amount of $20,000 for any PHYSICIAN introduced to you by Health Search or who has
0 services to you through Health Search who:
¦ accOPU a pennhnent pokition with any facility, organization ar Eroup owned, operated or uMliaLed with you,
wht:thcr or not in your actual community, within two ycar,; of the termination of the last Coverage Request
pur:;unttt to which the PHYSICIAN was introduced or provided: or
SEP-17-2010 08:48A1i FR0M-
Walt:h Search Inc.
243 Vork Road
Carlisle. PA 17013
T-422 PA03/004 F-485
¦ ilccepts a perrnunent posiridn in your community within two (2) yecu•s of termination of the last Coverage
Request pursuant to which the PHYSICIAN was introduced or provided, if You assist in obtaining ih4
position or receive anv benerit as a result:
¦ or engages in locum ttmeny coverage for your or your affiliate, except through Health Search. within two (2)
)'Cars of the tenninution of the last Coverage Request pursuant to which the PHYSICIAN was introduced or
provided to you.
The n <ruitment fee is due an the first day the PHYSICIAN performs any of the service, just listed. !Until this
roc rui.meot fqe is paid in full, you will owe M our locum tenens fees stated in this xagrct?rnent. The locum tenens fees
will k-OT tee credited against the k.pamtG recruitment fee.
re,triedons renisin effective regardless of the date or reason of termination or cancellation of a Coverage Request,
atnl » hether or not either of us iii in breach of any term of Client Agreement-
C:areee-lfattion: Wa; expend i;ignifit:ant time and effort in recnt ting a locum tenens PHYSICIAN to meet your siaffing
aced., The PHYSICIAN we place must arrange their schedule as far in advance as possible. which may involv?-
I'orgol rig other oppotwpnitie!?. As a result, you agree that Client 0 411 pay a cancellation fec cqual to the daily rate fur
each ?.eekduy plus trtvel/l4dging fees incurred by Health Search (if applicable) for each day contra(ned and scledule by
f legEtlL Search. 'rhe cancellation fee will not apply for days canceled in writing thirty (30) days prior to each data under
eLV11t ICE. Because the locum tenens PHYSICLANs are independent contractors, we cannot guarantee that we can provide
PHYSICIAN acceptabis to you, although we, will use our best reasonable efforts to da so. if we are unable for any
reu.oa, co provide a PHYSICIAN acceptable to you, or if you fail to pay the fees when flue, or otherwise fail to kep
your t tsmmiuttcnt under this Contract Agreement, this Client Agreement may be terminatod by us upon giving notice to
you. r ?ur right to terminate will not be waived because we do not enforce each term at all times. Termination will be
clfect!vc when we notify you.
Geneval: 'rhe relationship between Client and Health Search and between Health ,Search and PHYSICIAN is t'+att of
indelk-ndcrit contractor. Health Searrwh shall have no responsibility to exercise any supervision over the Pl-IYSI IAN
with r•-spc:Gt to rhe perform&nce of medical Services, compliance with the Client's procedures, training, reports tar any
other batter, Health Search agrees to verify documentary qualiftc4lionS. references and licenses but makes no watrataty,
e5.pre.-.ied or implied, as to experti.w or sultability of the PHYSICIAN, all such decisions being made and assumed by
C'licni.
To tha: Fullest extent pe'.rrnitted by law, Client and Health Search hold each other and their respective officers, dincerws,
cmpirvices, successors and assigns harmless from and against claims, damages, losses, liabilities, and cxpensos,
including but not limited to attorney's Pees, caused by the professional acts or omissions of Client or. Health Seirch's
respe.c five off[cers, direcenrs, agents, anyone directly or indirectly employed by them. or anyone for whose professional
ac•t,s tltiy may be liable. This ;ndemnification shall survive the termination of this Agrcement.
I'Vc hriicve in oquity under the law, We praotice It and expect those associated with us to do likewise:, and to refrain
from ? liscrimination hecaust: of color, RM race, oreed, religion, nationality or economic status. Health Search will retain
it. record; and provide government authorities access to them consistent with Title 42 of the United Stairs Code
Annrnated. Section 1395x(v)(1),
You will not disclose or discuss our foes with any PHYSICIAN we present to you, or any other third party,
'1'ni s kw urn Tenens Coverage Request is our entire agreement. In the event of breach of this Agreement, Health Soamh
Nhall Iw entitled to recover ikw capcnrie s, including but not limited to, rctumnAbIc attorneys fns and court GU9ts. Awn the
ofhc. Luny inr the enforcement of its rights hereunder and, in addition to remedies at law, shall be entitled to intunction
_ ? _._. _: r. ._ ___S___.___? • _..._... J..??• .L.,, L L!_J!_- ..-?.. ....J ..L?11 !___- •_ at__ L.-?(•:• -/.,..`. r. r......... ....:! .,...:-
SEF-17-2010 08:48AM FROW
IIvaIt h Search Inc,
4
3 `:: ork Road
t arl sle, PA 17013
T-422 P-004/004 F-485
succeshon and legal v,slgns. Any changes must be in writing and signori by both parties. If any provisions or
Bent Agreement are found to be invalid, the ot:hcr provisions will remain effective.
t t j D I UAR ACCIl' SS T(? 1?1?CO1rI],
h "n't:nt, and only in the event, that Section I13t51(v) (1) (1) of the Social Security Act. 42 U.S.C. & 1395x(v)(I )(1). it;
dblc to this-Agreer?tent, Contractor 28nes as follows:
. -JOW the cxpirztion of four years after the furnishing of any serviceN pureuttnt to this contract, either part;, shall
Ae available, upon writtet) raqueat by the Seemtbry of the United Staton Department of Health and Human
.,h; -+ icw+, ur upon reque.t by the Comptroller General of the United States, or any of their duly authorized
i t t resentatives, this Agreement, and books, documents, and records of cirber party that are necessary to certify the
i., •wre and extent of the ")St of services provided pursuant to this Agreements and
If ci thcr party carries our any of tho duties of this Agreement through a subcontract, with a value or cost of
1.000 or more Qver a twelve (12) month period, such subcontract shall contain a clause to the effect that until the
))ir flon of four year" after the furnishing of such services pursuant to such subcontract, the related orgniz<ation
I ,111 strike available, upon written reque-sl by the Secretary of the United States of 1-Iculth and Human Services Or
•I in mLlue tt by the Comptroller Oem oral of the United States, or any of their duly authorized representatives, the
-1 6c;ontract, and the books, documents and records of such organisation that are necessary to verify the nature and
•- , Lorli of the cost of ncrviers provided pursuant to such SubContract.
?t t ij; (:ARE E CLUDEID PROVITHO ;
,r,i-A,2ior hereby represents and warrants that it writs Stttt'f are not and at no time have been exQludcd from
:ic- Iralon from any federally funded health ears program, including Medicare and Medicaid. Contractor agr-:os to
i:1 : the Medical Center of any threatened, proposod or actual exclusion from any federally funded thcalth care
including Medicare or Medicaid. In the event that Contractor or its Staff is excluded from any federally
ht?nltb care program during the Term of this Agreement, or if at anytime after the effective date of this
tent it it (Wernuned that Contractor or any Staff is breach of this Section, this Agreement shall, as of the effective
:udi exclusions or butch, automatically terminate.
Shull inde?nnify and hold harmless the Medical Center against all action::, claims, demands and liabilities. and
io i u11 lvss, darnage, costs and expenses, including rearmnable attorneys fees, arising directly or indiredtly, out of any
;ujon ol'this Section XIV. by Contractor or any of its Staff, or due to the exclusion of Contractor or any of its staff:
: federally funded health care Prqgrom, including Medicare and Medicaid.
r: 14sti whereof, the parties hcruto have. affirmed their respective hands and suls on the date set below each
iw lxcrty's authori=l signature,
,ttr Iii
Health Search
By: - .'my
!]ctu fbias,l x Wgaver,D.C-
•? ' _.._ .....1,September l'?•..?.?,._.,?,.-___
Print: Kthwayrlr
A5 Its,
_. Sg Team Leader „_,-
Date: __4g2jg kr_ 17, 20.10
VERIFICATION
T-463 P OU/M P-016
T, ROD yF_N TZER, authorized agent of HEALTH SEARCH, INC„ do hereby verify that the
facts stated is the for egoinginstrument are true acrd coirectto thehest ofmy_k_nowledge, information
and belief. I understand that f ttse statements herein are rntrdc subject to tt?e penalties of 18 Pa.C.S.
-§4944 relating to unworn falsification to authorities.
Bette: I- a 3- 0,
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg; PA 17102
Attorney ID No. 24958
Telephone, 717-232-3755
Fax: 717-232-9608
kundrat-as§ociates@pa.net
HEALTH SEARCH, INC.
Plaintiff
V.
DOUGLAS T. WEAVER, Individually,
and t/d/b/a THE ATLANTIC
CHIROPRACTIC CENTER
Defendants
29`
c
ERLAND COIIt4,
"-P•1NSY! VAM11r";
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-626 Civil Term
CIVIL ACTION - LAW
PRAECIPE TO REINSTATE COMPLAINT
TO:
Prothonotary of Cumberland County
Please reinstate the Complaint in the above captioned matter.
KUNDRAT & ASSOCIATES
Att&fiey for Plaintiff
PA ID 24958
107 Boas Street
Harrisburg, PA 17102
(717) 232-3755
Date: May 73, 2012
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