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HomeMy WebLinkAbout12-3724 ND Cf" HEALTH SEARCH, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. to-3?a?1 ?ivil NORTH LAKELAND CHIROPRACTIC- DR. PAUL M. ROMINE, P.A. Defendants : CIVIL ACTION - LAW 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 no )U.S. n S -?)d a H?1 Ck? y57? ? ,OIL L4 HEALTH SEARCH, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. NORTH LAKELAND CHIROPRACTIC- DR. PAUL M. ROMINE, P.A. 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-associatesna,pa.net HEALTH SEARCH, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. NORTH LAKELAND CHIROPRACTIC- DR. PAUL M. ROMINE, P.A. Defendants : 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 247 York Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, NORTH LAKELAND CHIROPRACTIC-DR. PAUL M. ROMINE, P.A., is a Florida profit corporation with an address 5325 US Highway 98 North, Lakeland, Florida, 33809. 3. Plaintiff is, and at all relevant times was, a provider of health professionals to work on a temporary basis. 4. Defendant is, and at all relevant times was, a health professional conducting a chiropractic practice. 5. On or about September 2, 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.) 6. Between December 10, 2010, and September 2, 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 $17,463.00 including interest as of June 1, 2012. Invoices are not attached due to confidentiality, but will be supplied upon request. 7. 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. 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. 9. 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. 10. 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. 11. 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. 12. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 13. 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 North Lakeland Chiropractic-Dr. Paul M. Romine, P.A., in the amount of $17,463.00, plus interest at the rate of 1.5% per month from June 1, 2012, attorney's fees in the amount of $5,821.00, the costs of this action, and such other relief as the court deems just and proper. KUNDRAT & ASSOCIATES By Dated: June 12, 2012 . Kundrat, Esquire ev for Plaintiff Sep. 3. 2010 4:15PM NPOTH LAKELAND CHIROPRACTIC No. 6496 P. 5 q a3-1r (/ ) $Ep-02.2010 02:59PM FROM- T-209 P.001/004 F-301 r243York earch 1<nc. 1 [o Road PA 17013 - Tel. $00-650-1001 P' 1 u'? y Pain Physician LOCUM TENENS COVERAGE REQUEST THUS LEGAL AGREEMENT rs between Health Search, a Pennsylvania business corporation, and Client (you), detalled below, to provide the services of PHYSICIAN as an independent contractor to Client on a Locum Tenen basis. Specific Terms Client Name Dr. Paul M. Romine, PA Billing Address: 5325 US Highway 98 North, City, State Lakeland, FL 33809 Billing Contact Person: Paul Romine, D.C. Work Site Name for Requester! PHYSICIAN,'. -SAME AS A730V Address: _ City/State/Zip: Client Representative to Approve Timeshcou; to be determined This agreement shall have an initial term beginning August 31, 2010 and ending August 31, 2011 for all MUFUALLY agreed upon dates, and will automatically renew for consecutive I year terms unless terminated via formal notice io writing by either party, RATE: Cost of Physician As outlined in Assignment Confirmation Agency Cost i,'.,out per workday, 8 hours guaranteed per day (Special discount of /day for the each of the first 4 days worked) 0 VERTIIvl!?: Cost of Physician As outlined in Assignment Confirmation CALL (Weekend) As outlined In Assignment Confirmation Daily Meal Per diem As outlined in Assignment Confirmation Please Note, Each Coverage Period or Assignment subject to the terms of this Agreement shall be set forth in a separate document entitled Assignment Confirmation, which will be authorized by all parties, Malpractice insurance: x If provided by Health Seamh, Inc. an additional fee will be Charged to client based on current premium. * if provided by locum tenens Physician, Client must approve and verify coverage. ¦ May be provided by Client: (This will be outlined in the A4signment Confirmation) OcAlth Search Duties: To assist in obtAining high quality PHYSICIAN services, we will use our best efforts to: ¦ Provide locum tenens PHYSICIANs acceptable to you, ¦ Assist in obtaining PHYSICIAN lieensure, as necessary, and ¦ Allow you to retain all income generated by locum tenens PHYSICIAN, E E XHIBIT A Sep. 3. 2010 4:16PM NP.DTH LAKELAND CHIROPRACTIC No. 6446 P. 6 SEP-02-2010 MOM FRO)k- T-269 P-002/004 F-361 Heulth Search Inc. 243 York Road Carlisle, PA 17013 Tel: 800-650-1001 ? Your ]duties: To enable us to provide quality PHY8ICL6,Ns to your facility, you will: Nntify tnq of the acmrsTahility of any PHYSICIAN crownwd tv YQV within two working, daysi Provide the locum tenens PHYSICIAN(s), according to the required specialty, with a reasonable work schedules reasonably maintained usual and customary equipment, usual and customary supplies; a suitable practice environment complying with accepted clinical and procedural standards and, as necessary, appropriatoly ttaincd support staff to enable the PHYSICIAN(s) to porform their services; ¦ Provide payment to HEALTH SEARCH INC. directly for services within I days of invoice. Provide PHYSICIAN the cost of round-trip transportation for PHYSICIAN(S) to your community; Provide PHYSICL4N reasonable and acceptable living accommodations outside of your facility; and transportation within your community; ¦ Pay for aAy medical staff application, costs incurred to obtain medical staff privileges and medical staff membership fees for the Locum Tenus PHYSICIAN(S); ¦ Pay up to the IRS approved mileage re-Imbursement rate per mile if the PHYSICIAN personal vehicle is used; ¦ Facilitate obtaining hospital privileges for the Locum Tenens PHYSICIAN as necessary; • Comply with the AMA, 7CAHO, federal, state and local standards rclatingto patient care and related activities; ¦ and participate in Health Search's customer servioe/risk managemcat activities ¦ have authorized Client representative approve and sign the Locum Tenons PNYSICIAN's time sheet each week. Fees- YQU agree to pay the locum tenons fees as detailed above. We will bill you every week for all PHYSICIAN and AGENCY services fTom Client approved time sheets and any miscellaneous expenses for travel and housing as detailed above. You agree that payments are due within 7 days of the invoice, and that unpaid balances will bear interest at the rate of 1 h % per month. Clients Billings; Client agrees that It will be solely responsible for billing and collection and all applications and information related thereto with respect to the PHYSICIAN and that the payment to Mealth Search and PHYSICIAN of its bills submitted to Client shall be paid regardless of Client's billing procedures and collections- Subsequent Placemeui, Rrcculiiueul u, uthu, uaigr of A DMISICIAN f r[,acated by us to your We onoourags you to work our locum tcnens PHYSICIAN and to recruit our PHYSICIAN to your staff if you so choose. You agree to pay us a recruitment fee in the amoartt of $20,000 for any PHYSICIAN Introduced to you by Health Search pr who has provided services to you through Health Search who; ¦ accepts a permanent position with any facility, organi2ation or group owned, operated or affiliated with you, whether or not In your actual community, within two years of the termination of the last Coverage Request pursuant to which the PHYSICIAN was introduced or provided; or • accepts a permanent position in your community within two (2) years of termination of the last Coverage Request pursuant to which the PHYSICIAN was introduced or provided, If you assist in obtaining the position or receive any benefit as a result; • or engages in locum tenons coverage for your or your affiliate, except through Health Search, within two (2) years of the termination of the last Coverage Request pursuant to which the PHYSICIAN was introduced or provided to you, Sep. 1 7010 4:16PM NOITH LAKELAND CHIROPRACTIC No. 6496 P. 7 SEP-02-2010 03:00Pll FROM- T-269 P.0031004 f-361 Uealtlt Search Inc. 3 06 Y 243 York Road - Carlisle, PA 17013 Tel: 800-650-1001 The recruitment fee is due ort the first day the PHYSICIAN po&rms any of the Services just listed, Until the recruitment fee is paid in full, you will owe us our locum tenens fees stated in this agreement, The loonm tenens fees will NOT be credited against the separate recruitment fee. These raatrietions remain of ootlve regardless of the date or reason of termination or cancellation of a Coverage Request, and whether or not either of us Is in breach of any term of Client Agreement. Cancellation: We expend significant time and effort in recruiting a locum tenens PHYSICIAN to me¢t your otttffirig needs. The PHYSICIAN we place must arrange ihelr schedule as far in advance as possible, which may involve forgoing other opportunities. As a result, you agree that Client shall pay a cancellatlon,fee equal to the daily rate for each weekday plus travel/lodging fees incurred by Health Search (if applicable.) for each day contracted and schedule by Health Search, The cancellation fee will not apply for days canceled in writing thirty (90) days prior to each date under contract. Because the locum tenons PHYSICIANs are independent contractors, we cannot guarantee that we can provide a PHYSICIAN acceptable to you, although we will use our best rensonablo efforts to do so. If we are unable for any reason to provide a PHYSICIAN acceptable to you, or if you tail to pay the fees when due, of otherwise fail .to keep your commitment under this Contract Agreement, this Client Agreement may be terminated by us upon giving notice to you- Our right to terminate will not be waived because We do not enforce each tern at all times- Termination will be effective when we rnotify you. General: The relationship between Client and Health Search and between Health Search and PHYSICIAN is that of independent contractor. Health Search shall have no responsibility to exercise any supervision over the PHYSICIAN with respect to the performance ofntedical services, compliance with the Client's procedures, training, reports or any other matter. Health Search agrees to verify documentary qualifiemions, references and licenses but makes no warranty, expressed or implied, as to expertise or suitability of the PHY$ICIAN, all such deelslons being made and assumed by Client. To the fullest extent permitted by law, Client and 14calth Search hold each other and their respective officers, directors, erztployees, successors and asai$ns harmless from and against claims, damages, losses, liabilities, and expenses, including but not limited to attorney's fees, caused by the professional acts oe omissions of Client or Health Search's respective officers, directors, agents, anyone directly or indirectly employed by them, or ,anyoriC for whose professional acts they may be liable, This indernnifioation shall survive the termination of this Agreemenr_ We believe in equity under the law. We practice it acrd expect those associated with us to do likewise, and to refrain from discrimination because of color, sex, race, creed, religion, nationality or economlo status. kle filth Search will retain its records and provide government authorities access to them consistent witb Title 42 of the United States Code Annotated, Scrtion 1395x(v)(I). You will not disclose or discuss our fees with any PHYSICIAN we present to you, or any other third party. This Locum TenertS Coverage Request is our entire agreement, In the event of breach of this Agreement, Health Search shall bo untitled to recover its txpenses, lnaluding but not limited to, reasonable attorneys fees and court costs, from the other party for the enforcement of its rlghts hereunder arid, io addition to remedies. at taw, shall be entitled w injunction and specific performance, Agreement shall be binding upon and shall inure to the benefit of both parcieS and their respective successors and legal assigns. Any changes must be in writing and signed by both parties- If any provisions of this Client Agreement are found to bo invalid, the other provisions will remain effective. Sep. 1 2010 4:17PM NO°TH LAKELAND CHIROPRACTIC No. 6496 P. 8 SEP-02-Z010 WON FROV- T-269 P•004AOA F-361 Health Search Inc. 243 York Road P Carlisle, PA 17013 Tel: 800-650-1001 MM, I?I ACCESS TO RECO"S In the avant, and only in the event, that Section 1861(v) (1) (I) of the, Social Security Act, 42 U.S,C. & 1395x(v)(1)(1), is applicable to this Agreement, Contractor agrees as follows: (i)Until the expiration of four years after the furn ishing of any services pursuant to this contract, either party shall make available, upon written request by the Secretary of the United States Dapamuetnt of Health and Human Services, or upon request by the Comptroller General of the United States, or any of their duly Authorizod representatives, this Agreement, and books, documents, and records of either party that are necessary to certify the nature and extent of the cost of services provided pursuant to this Agreement; and (ii)lf either party carries our any of the duties of this Agreement through a subcontract, with a value or cost of $10,000 or more over a twelve (12) month period, such subcontract shall contain a clause to the effect that until the expiration Of four yearS after the furnishing of such services pursuant to such subcontract, the related organization shall make available, upon written request by the Secretary oftho United States ofHealth and Human Services or upon request by the Comptroller General of the United States, or any of their duly authorized mpTewntatives, the subcontract, and the books, documents and records of such organization that are necessary io verify the nature and extent of the cost of Services provided pursuant to such gubeonttaet. MEDICARE EXCLUDED PROVIDER Contractor hereby represents and warrants that it or its Staff are not and at no time have been excluded from participation from any federally funded health care program, including Medicare and Medicaid. Contractor agrees to notify the Medical Center of any threatened, proposed or actual exclusion from any federally funded hoalth care program, including Medicare or Medicaid. In the event that Contractor or its Staff is excluded from any federally funded health care program during the Term of this Agreement, or if at any time after the effective dame of this Agreement It is determi,ted that Contractor or any Staff is breach of this Section, this Agreement shall, as of the effective date of such exclusions or breach, automatically terminate. Contractor shall indemnify and hold harmless the Medical Center against all actions, claims, demands and liabilities, and against all loss, darnage, cosrs and exponses, including reasonable attorneys fees, arising directly or indirectly, out oFany violation of this Section X TV, by Contractor or any of its Staff, or due to the exclusion of Contractor or any of its staff from a federally funded health care program, including Medicare and Medicaid.. In witnw whereof, the parties hereto hftve aff rmt d their respective hands and seals on the date set below each respective party's authorized signature, Client By: Health Searc[t''/ By: _ PSgLi- Print: Paul Romine. D.C. As Its: ner Date: September 2, 2010 Print: Keith Swartz As Its, Staffing eacler Date: September 2,_2010 After Authorizing, Undly fax to 866-669-6242 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEALTH SEARCH, INC. Plaintiff, V. NORTH CUMBERLAND CHIROPRACTIC-DR. PAUL M. ROMINE, P.A. Defendant. Case No: 12-3724 CIVIL ACTION - LAW Praecipe for Entry of Appearance To the Prothonotary: f"E Pf H'dN©TAf 'i 2012 JUL 16 PM 3: 14 CUMBERLAND COUNTY P1 YANIA Please enter my appearance on behalf of Defendant North Cumberland Chiropractic- Dr. Paul M. Romine, P.A. Papers may be served at the address set forth below. Monica Lawrence, Esq. Attorney ID 89718 1301 Wendover Road Bryn Mawr, PA 19010 610.608.3 327 Si Date: -7 //;' /Z COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEALTH SEARCH, INC. Plaintiff, V. NORTH CUMBERLAND CHIROPRACTIC-DR. PAUL M. ROMINE, P.A. Defendant. Case No: 12-3724 CIVIL ACTION - LAW ANSWER AND NEW MATTER :.; ?. r ROTHONOTAf; 2,012 JUL 16 PM 3: 14 1.3UMBERLAN COUNTY PENNSYNVANIA The Defendant, North Cumberland Chiropractic-Dr. Paul M. Romine ("Defendant"), by and through its undersigned counsel, hereby files its Answers and Affirmative Defenses to Plaintiff Complaint and states as follows: COUNT 1 1. Defendant lacks knowledge and information sufficient to form an opinion on the truth of the factual allegation in Paragraph 1 of the Complaint, and therefore denies the same. 2. Defendant admits the factual allegations in Paragraph 2 of the Complaint. 3. Defendant lacks knowledge and information sufficient to form an opinion on the truth of the factual allegation in Paragraph 3 of the Complaint, and therefore denies the same. 4. Defendant admits the factual allegations in Paragraph 4 of the Complaint. 5. The document speaks for itself; however, to the extent an answer is required, Defendant admits the factual allegations in Paragraph 5 of the Complaint. 6. Defendant denies the factual allegations in Paragraph 6 of the Complaint. 7. Defendant denies the factual allegations in Paragraph 7 of the Complaint. 8. Defendant admits the factual allegations in Paragraph 8 of the Complaint. 9. Defendant admits the factual allegations in Paragraph 9 of the Complaint. 10. Defendant admits the factual allegations in Paragraph 10 of the Complaint. 11. Defendant lacks knowledge and information sufficient to form an opinion on the truth the factual allegation in Paragraph 11 of the Complaint, and therefore denies the same. 12. Defendant lacks knowledge and information sufficient to form an opinion on the truth the factual allegation in Paragraph 12 of the Complaint, and therefore denies the same. 13. Paragraph 13 of the Complaint states a conclusion of law and therefore no reply is needed. To the extent there are any factual allegations contained in non-numbered paragraphs in the Complaint, Defendant denies the same. NEW MATTER - AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff's Complaint fails to state a claim or cause of action upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff's claims, or parts thereof, are barred by the doctrine of waiver and estoppel. THIRD AFFIRMATIVE DEFENSE Plaintiff's claims, or parts thereof, are barred by the doctrine of accord and satisfaction. FOURTH AFFIRMATIVE DEFENSE Plaintiff's claims, or parts thereof, are barred by the statute of frauds. FIFTH AFFIRMATIVE DEFENSE The Court has no personal jurisdiction over the Defendant. SIXTH AFFIRMATIVE DEFENSE The current venue is improper. WHEREFORE, the Defendants :respectfully request that the Court dismiss the Com with prejudice. Date: 711 ---- Monica nce, Esq. Attorney ID 89718 1301 Wendover Road Bryn Mawr, PA 19010 610.608.3327 Attorney for Defendant VERIFICATION The averments contained herein are true upon the signer's personal knowledge or information and belief and are verified as required by Pa. R. Civ. Pro. 1024. I understand that false statemenks made herein are subject to the penalties of 18 PA C.S. Subsection 4904 relating to unsworn falsifications to authorities. Monica Lawrence, Esq. l RROTHONOTAf; `r COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2x12 ,JUL 16 PH 3: t 4 "UMBERLAIY ?QUNTY °ENNSYLV?NIA HEALTH SEARCH, INC. Plaintiff, Case No: 12-3724 V. NORTH CUMBERLAND CHIROPRACTIC-DR. PAUL M. ROMINE, P.A. Defendant. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Monica Lawrence, hereby certify I served the below party with a copy of Answer and New Matter on July 13, 2012 via email and first class mail. John S. Kundrat Kundrat & Associates 107 Boas Street, Harrisburg PA 17102 r Date: 3 Signature: ??? ?? 1 > RESPONSE TO NEW MATTER AND NOW, comes Plaintiff, HEALTH SEARCH, INC., by its attorneys, Kundrat & 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(apa.net r i -OFFICE U THE PROTHONOTARY 2012 JUL 18 AM 11: 09 CUMBERLAND COUNTY PENNSYLVANIA HEALTH SEARCH, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT Plaintiff : V. : NO. 12-3724 Civil NORTH LAKELAND CHIROPRACTIC- DR. PAUL M. ROMINE, P.A. Defendants : CIVIL ACTION - LAW Associates, and states the following in answer to Defendants' New Matter: FIRST AFFIRMATIVE DEFENSE This is a conclusion of law to which no response is required. SECOND AFFIRMATIVE DEFENSE This is a conclusion of law to which no response is required. THIRD AFFIRMATIVE DEFENSE This is a conclusion of law to which no response is required. FOURTH AFFIRMATIVE DEFENSE This is a conclusion of law to which no response is required. FIFTH AFFIRMATIVE DEFENSE This is a conclusion of law to which no response is required. SIXTH AFFIRMATIVE DEFENSE This is a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that Defendant's New Matter be di KUNDRAT & ASSOCIATES By _,,? 01.1 Jo rat, quire.. Attorney for Plaintiff Dated: ?? / '7- /a IJEG28-2D;; ;D:L?At! PAtf- NU P.DU/M f4A VERVICALION I, ROD'YENTZM authorized agent of HEALTH SEARCH, INC.. do hereby verify that the facts stated its the foregoing inst ent are true and rorzect'to the best ofmyjowledge, information and belief. i understand tW false statements herein are made subject to the penalties of IS Pa.C.S. §4944 relating to Uwwom falsification to authorities. Date: I- / 7- /a CERTIFICATE OF SERVICE A- AND NOW, this Iq day of 2012, I, Anna M. Hause, a V secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a true and correct copy of the foregoing Response to New Matter was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Monica Lawrence, Esquire 1301 Wendover Road Bryn Mawr, PA 19010 Attorney for Defendant KUNDRAT & ASSOCIATES ", 9?4' ---WM4? Anna M. Hause 107 Boas Streets Harrisburg, PA 17102 717-232-3755 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@pa.net HEALTH SEARCH, INC. Plaintiff v. P1; 10 p11 f RL AND ou; : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12 -3724 Civil NORTH LAKELAND CHIROPRACTIC- : DR. PAUL M. ROMINE, P.A. Defendants : CIVIL ACTION - LAW PRAECIPE TO WITHDRAW COMPLAINT TO: Prothonotary, Cumberland County Kindly mark the Complaint in the above matter withdrawn. Respectfully submitted, KUNDRAT & ASSOCIATES By Dated: April 8, 2014 Jost S. Kundrat orney for Plaintiff