HomeMy WebLinkAbout06-5746IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff, ?c, / C
s4uj
NO. C) ? -'IgL
v.
COMPLAINT
HEALTH SEARCH, INC.
Defendant. (Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
V.
NO.
HEALTH SEARCH, INC., (Jury Trial Demanded)
Defendant.
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 claim 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 S. Bedford Street
Carlisle, PA 17013
Telephone Number: 717-249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las pagina siguientes, usted tiene viente (20) dias do plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses
o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted
no se defiende, la corte tomara medidas y puded entar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes
para usted.
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
V.
CIVIL DIVISION
NO. 0(.
HEALTH SEARCH, INC.,
Defendant.
(Jury Trial Demanded)
COMPLAINT
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through its counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, and Kevin D. Rauch, Esquire, and files
the within Complaint, and in support thereof avers the following:
1. Plaintiff, Frank Hrestak, Jr. is an adult individual residing at 2857 Oakwood
Drive, Harrisburg, Pennsylvania 17112.
2. Defendant, Health Search, Inc. is a Pennsylvania corporation with its
principle place of business located at 243 York Road, Carlisle, Cumberland County,
Pennsylvania.
3. On August 27, 2004, the Plaintiff entered into an Employment Agreement
with Health Search, Inc. (hereinafter referred to as "contract"). This contract was signed
by the Plaintiff and Rodney Yentzer, II, Health Search Inc.'s Vice President. (A true and
correct copy of the Contract is attached hereto as Exhibit "A").
4. Pursuant to the terms of this contract, the Plaintiff was an employee of the
Defendant.
5. Under the terms of the contract, the Plaintiff was entitled to compensation
at the rate of thirty-percent (30%) of his commissions based on receipt for services
invoiced under his name.
6. On July 10, 2006, the Plaintiff provided Rodney Yentzer with a notice of
resignation effective July 24, 2006 (A true and correct copy of Plaintiff's notice of
resignation is attached hereto as Exhibit "B").
7. As of July 10, 2006, the Plaintiff had $23,820 in receipts for services under
his name with Health Search, Inc.
8. As of July 10, 2006, the Plaintiff was contractually owed commissions
totaling $7,146 based on 30% of his receipts for services.
COUNT I - BREACH OF CONTRACT
9. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 8 as if fully set forth at length herein.
10. Under the contract, the Plaintiff received consideration in the form of
salary and commissions.
11. Health Search, Inc. received consideration from the Plaintiff in the form of
his labor.
12. Because the Plaintiff resigned, and was not terminated, he is entitled to
the commissions set forth in the contract for receipts for services invoiced under his
name.
13. To date, Defendant failed to fully reimburse the Plaintiff pursuant to the
contract.
14. Because Defendant has not paid the Plaintiff his commissions owed under
the contract, the Defendant has breached the contract.
WHEREFORE, Plaintiff, Frank Hrestak, Jr. respectfully requests this Honorable
Court enter a judgment in his favor and against the Defendant with costs and prejudice
imposed.
COUNT II - UNJUST ENRICHMENT
15. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 14 as if fully set forth at length herein.
16. In the alternative, should this Honorable Court determine that no valid
contract existed between the parties, the Defendant was unjustly enriched through the
services of the Plaintiff.
17. As of July 10, 2006, the Plaintiff generated receipts for the Defendant
totaling $23,820.
18. The Plaintiff was not reimbursed for services rendered to the Defendant.
19. In failing to compensate the Plaintiff, the Defendant is unjustly enriched.
WHEREFORE, Plaintiff, Frank Hrestak, Jr. respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant with costs and prejudice
imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL.L.L.P/7
By:
Ranch, Esquire
for Plaintiff
VERIFICATION
I, Frank Hrestak, Jr. verify that the foregoing Complaint is based upon
information which I have furnished to counsel and information which was has been
gathered by counsel in preparation of this lawsuit. I have read the Complaint and to the
extent that the Complaint is based upon information which I have given to counsel, it is
true and correct to the best of my knowledge, information, and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
92-2o&
Date
#14871
V-18-'05 10:37 FROM-Dept. of State Press 717-772-4175 T-956 IHUZ/VY v-;icy
EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into as of this day of August 27, 2004 by and between HEALTH
SEARCH, INC., a corporation with its principal offices located at 243 York Road, Carlisle, Cumberland
County, Pennsylvania, 17013, (hereinafter "EMPLOYER" or "the Company") and Frank Hrestak JR, an
individual residing
At 2857 Oakwood Drive Harrisburg, PA 17112, (hereinafter 'EMPLOYEE").
WITNESSETH:
WHEREAS, Employer is a corporation engaged in the business of providing management and personnel
services for the medical field; and
WHEREAS, Prank Hrestak JR is employed by Health Search, Inc., as a Recruiter,
a position of great importance to the Company; and
L7apprEop REAS, the Company and the Employee wish to modify the terms of their employment relationship to
ria tely recognize certain rights, obligations and compensation to the Employee: and
WHEREAS, the Employee acknowledges the significant importance of this position to the Company. The
Company and the Employee acknowledge that the Employee will develop extremely valuable relationships by
virtue of employment with the Company and that the Employee will have access to extremely valuable
confidential and proprietary information and trade secrets belonging to the Company; and
AGREEMENT
NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and intending to be
legally bound hereby, the parties agree as follows:
1. TERM
Employment shall begin as of the date of this Agreement and continue for a period of one year. Upon expiration
of the initial one year term, the Agreement will automatically renew for additional successive one year terms,
unless written notice of non renewal is provided by either party at least 14 days in advance of the expiration of
the then current contract term. Upon termination or non renewal of this Agreement, the parties will be relieved
of their duties and obligations, except that the rights and obligations set forth in Paragraphs 5 through 7 below
shall remain in full force and effect and shall survive-the expiration or termination of this Agreement, regardless -
of the reason(s) for termination.
2POSITION AND DUTIES
:t
'1 C,ompafny hereby employs the employee as its Recruiter and Frank Hrestak JR
the Employee agrees to serve in such capacity for the Company on the terms and conditions hereafter set forth.
The Employee shall perform such other duties and have such other authority as may be delegated to the
Employee from time to time by the may at any time relieve the Employee of any
07-18-'05 143: 37 FPOII-Dept. of State Press 717-772-4175 T-466 PO-3/07 U-2-49
power or duty previously assigned to the Employee. The Employee shall report to the Company with respect to
the performance of these duties.
In the performance of these duties, the Employee shall devote its knowledge, skill, attention, energies and all of
its business time, and shall comply with all of the Company's policies, rules and regulations from time to time
adopted, and all specific directions of the Company.
The Employee shall not engage in any endeavor which would conflict with the rendition of its services to the
Company, either directly or indirectly, without the prior written consent of the Company. The Employee shall
not be prevented from investing its assets in such form or manner as shall not require any services on its part in
the operation of the affairs of any firm, corporation, association or other entity, but shall not invest in any other
firm, corporation or other entity which competes with the Company.
3. COMPENSATION
The Company shall pay the Employee for its services the base salary and other Compensation described in this
paragraph as follows:
a. Base Salary. The Employee shall be paid a minimum annual base salary of $ 15,000.00in bi weekly
installments subject to the customary payroll deductions,
b. Compensation! Commission. The Company and Employee agree that the rate of compensation is
(30% ) commission based on receipts for services invoiced under Employee name. Fifteen ( 15 % ) percent for
job order: fifteen ( 15% ) percent forpotentail prospect for a possible total of thirty ( 30% ) per billing
It is further understood that, in the event of termination of employment within one (1) year from the date hereof,
no commissions shall be payable to Employee other than the commissions already paid. In the event of
termination after one (1) year from the date hereof, Employee shall receive One-half of the unpaid commissions
earned , after they have been collected by the Company and the permanency of the placement has been
established. In the event the employee does not give a two week notice the employee gives up their right to any
compensation at that point. No commission or salery will be paid to the employee.
c. Benefits. The Employee shall be entitled to participate in all benefit plans, programs, and
arrangements as may be authorized and adopted from time to time by the Company, Nothing herein shall
prevent the company from discontinuing or modifying any existing benefit plan.
d. Expenses. The Employee shall be reimbursed by the Company for all reasonable and necessary
expenses incurred by the Employee in performing his obligations under this Agreement upon presentation of
itemized accounts of such expenses supported by proper documentation.
4. TFR?4MATION n
_a. The Company may terminate this Agreement for cause upon at least thirty (30) days written nodos to
the Employee, which cause shall be determined in good faith within the sole discretion of the Company,
"Cause" for termination may include, but shall not be limited to the following conduct of the employee:
aa. Material breach of any provision of this Agreement or any other agreements with the Company;
"St f T
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bb. Misconduct as an employee of the Company. Examples of misconduct include, but are not limited to:
(1) The willful failure by the Employee to substantially perform its duties hereunder;
(2) The gross negligence, incompetence, willful misconduct or disloyalty of the
Employee in the performance of its duties;
(3) The commission of any criminal, fraudulent or dishonest conduct.
pertaining to the business or affairs of the Company;
(4) Commission of any act or omission the intended or the likely consequence
of which is material injury to the Company's business, property or
reputation; or
(5) Conviction, or arrest, based upon substantial evidence, of a criminal offense
involving moral turpitude;
(6) Unreasonable neglect of the duties assigned to the Employee under or
pursuant to this Agreement;
b. This Agreement shall be terminated upon the death of the Employee or the inability of the Employee
to perform its duties by reason of sickness or accident for a period in excess of (6) months (as determined in the
sole discretion and within the reasonable judgment of the Company based upon the opinion of a medical
professional).
5. CONFIDENTIAL INFORMATION
The Employee recognizes that it occupies a position of trust and confidence with respect to the affairs of the
Company. By virtue of its employment, the Employee will have access to highly valuable intellectual property
belonging to the company including, but not limited to, marketing information (including price lists, customer
information, quotations and purchasing methods), operating procedures and business strategies. The Employee
acknowledges and agrees that such intellectual property and information is "Confidential Information" and
constitutes trade secrets belonging to the Company. The Employee also recognizes that in the course of its
employment it will have access to other important information regarding the Company and its affairs that it
would not be privileged to know but for its association with the Company.
7.1he Employee acknowledges that all of the above information shall be the sole property of the Company. The
Employee agrees that it will not ever, at any time, disclose any Confidential Information to any person for any
reason or purpose whatsoever or make use of any Confidential Information for his own purposes or for the
benefit of any person or other company, without the express prior written consent of the Company and except as
may be reasonably necessary in the proper performance of the Employee's duties on behalf of the Company
under this Agreement. The Employee will return any and all materials containing Confidential Information to
the Company immediately upon termination of the Employee's employment.
11?ortfVCr,
the Employee agrees that it shall immediately return to the Company any and
all'information regarding the Company and its affairs within its possession upon termination of employment,
including, but not limited to, all correspondence, manuals, letters, notes, notebooks, reports and any other `
documents or tangible items constituting information belonging to the Company or any information regarding
07718-'05 1:33 FFOM-Dept,of State Frey, ?1?-??'-41?5 T-966 P05/07 U-349
any of the Company's customers or potential customers, whether maintained at its office or elsewhere.
Employee will also return to the Company any other Company property within its possession upon termination
of his employment.
6. RESTRICTIVE COVENANTS
a. Non-Competition. The Employee shall not, directly or indirectly, either during its employment with
the Company or for a period of twenty four (24) months following the termination of the Employee's
employment for any reason, render any services to, become employed by, or act in any capacity with any
individual, business, corporation, partnership or other business entity which competes either directly or
indirectly with the Company.
b: Non-Solicitation of Customers. The Employee shall not contact, entice, solicit or accept business
from, either directly or indirectly, any client or customer of the Company or otherwise divert any
business away from the Company either during its employment with the Company or for a period of
twenty four (24) months following the termination of the Employee's employment with the Company for
any reason.
c. Non-Solicitation of Employees. The Employee shall not contact, entice, solicit or have any
communication with any other employees of the Company in an attempt to influence or persuade any
other employees of the Company to leave their employment with the Company and/or accept
employment with any other person or company either during its employment with the Company or for a
period of twenty four (24) months following the termination of the Employee's employment with the
Company for any reason.
d. Enforcement and Remedies. The Employee expressly acknowledges and agrees that the restrictive
covenants set forth in subparagraphs (a) through (c) above are absolutely necessary to protect the
legitimate business interests of the Company and that enforcement of these covenants will not prevent it
from earning a livelihood. The Employee further agrees and acknowledges that these restrictive
covenants are reasonable and are intended by the parties to be enforceable following termination of
employment for any reason, even if the Employee is terminated for cause or poor performance.
The Employee farther acknowledges and agrees that any breach of the restrictions set forth in subparagraphs (a)
through (c) above will result in irreparable injury to the Company for which it shall have no adequate remedy at
law. The Employee agrees that in the event of its breach of any one or more of the restrictive covenants set forth,
in subparagraphs (a) through (c) above, the Company, in addition to any other remedies and damages available
at law, shall be entitled to equitable remedies, including temporary and permanent injunctive relief to enforce
the provisions thereof.-In the event-that-any of _these -restrictions -shall be 4etermined_by_any court of competent
jurisdiction to be unenforceable in part based upon a determination that they are not reasonably limited in
geographic scope or time, the provisions shall remain in full force and effect as to that period of time or
geographic area determined to be reasonable by the court. In the event that the Company seeks injunctive relief
in order to enforce any one or more of the restrictive covenants set forth in subparagraphs (a) through (c) above,
upon finding such a breach, the restrictions are intended to be enforced for the full twenty fora' (24) month
period from the date that the court issues such injunction.
7.:?11-' DISPUTE RESOLUTION
Any controversy or claim arising out of or related to the Employee's employment with the Company,
including but not limited to any claims arising out of or related to this Agreement or any claimed breach thereof,
or any claims by the Employee to the effect that the Company violated any state or federal law with respect to
the terms and conditions of the Employee's employment, including but not limited to any claims under the Age
Discrimination in Employment Act, the Americans With Disabilities Act, the Family and Medical Leave Act,
the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the Pennsylvania
Human Relations Act or any other federal or state fair employment practices law, breach of contract, defamation
or any'other federal or state statute or common law doctrine whatsoever, shall first be submitted pursuant to the
Company's internal dispute resolution procedures.
In the event that the Company's internal dispute resolution procedures do not adequately resolve the dispute, all
such claims and issues shall be submitted to binding arbitration before the American Arbitration Association in
the City of Harrisburg, Pennsylvania, pursuant to the National Rules for the Resolution of Employment Disputes
then in effect. Any such arbitration award entered shall be final and binding upon the parties hereto, and
judgment upon the award may be entered in any court having jurisdiction thereof. The arbitrator shall have no
authority to modify any provision of this Agreement when rendering the award.
If the Employee prevails on any material issue which is the subject of such arbitration, the Company shall be
responsible for all fees of the American Arbitration Association and the arbitrator and any expenses relating to
the conduct of the arbitration (excluding attorneys fees). Otherwise, each party shall be responsible for its own
expenses relating to the conduct of the arbitration and shall share the fees of the American Arbitration
Association.
While all other disputes that may arise between the parties concerning the Employee's employment with the
Company or the term of this Agreement must be resolved according to the dispute resolution procedures
outlined above, the Company shall be entitled to file a lawsuit in any court of competent jurisdiction in order to
remedy any breach of or seek enforcement of the provisions set forth in Paragraphs 6 and 7 above. The arbitrator
shall have no jurisdiction over enforcement of these provisions.
8. GOVERNING LAS'
The terms of this Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania.
9. NON-WAIVER
A waiver of any provision of this Agreement by either party shall not prevent either party from enforcing that ''
provision or any other provision hereof.
10.. ASSIIGNMNT+`
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'mats"'Agreement is personal and may not be assigned by the Employee. This Agreement shall inure to the benefit N
of and be binding upon any successor to the Company.
V +'RABIL M Y s
??9i r+' aw L 6.
Each>provision of this Agreement is severable and distinct from, and independent of, every other provision's
hctetrf.- If one provision hereof is declared void, the remaining provisions shall remain in effect.
4
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0.7719,-'@5 10:38 FROM-Dept, of State Press
12. ENTIRE AGREEMENT"
717-772-4175 T-966 P07/07 U-349
This instrument contains the entire agreement of the parties concerning the employment relationship and
supersedes any prior understandings between the parties concerning the terms and conditions of the Employee's
employment, whether oral or written. The parties acknowledge, in entering into this Agreement, that they have
not relied upon any promise or inducement not specifically set forth herein. Any changes to this Agreement
must be in writing and signed by both parties.
13. NOTICE
Any notices required to be given by this Agreement shall be made in writing and delivered by certified mail,
return receipt requested, with adequate postage prepaid. If the notice is to be given to the Employee, the notice
shall be mailed to the Employee's address as set forth above or to any later given address that the Employee has
provided in writing to the Company for such purpose. If the notice is to be given to the Company, the notice
shall be mailed to its principal ofee addressed. Any notice given in the manner required above shall be deemed
given when so mailed.
IN WITNESS WHEREOF, and wishing to be legally bound, the parties have executed this Agreement as of
the date first above written.
WITNESS:
HEALTH SEARCH, INC.:
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July 10, 2006
Rodney L. Yentzer, President
Health Search, Inc.
243 York Road
Carlisle, PA 17013
Dear Mr. Yentzer:
Please allow this letter to serve as my notice of resignation from Health Search,
Inc., effective July 24, 2006.
Certified Mail No. 7004 0750 0002 7286 6888
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FRANK HRESTAK, JR : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO 2006-5746 CIVIL
HEALTH SEARCH, INC.
Defendant
NEW MATTER
TO: Frank Hrestack, Jr.
c/o Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock,
Guthrie and Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you.
William A. Duncan, Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
717.249-7800 FAX
Attorney ID 22080
Dated: f ?p ?_
FRANK HRESTAK, JR : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO 2006-5746 CIVIL
HEALTH SEARCH, INC.
Defendant
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied in that Plaintiff did not have receipts for services. Any receipts for services
would have been payable to Defendant.
8. Denied in that Paragraph 8 states a legal conclusion. Admitted that the $7,146.00
figure is a computation representing 30% of $23,820.00
COUNT I - BREACH OF CONTRACT
9. The Defendant incorporates herein the answers to Paragraphs 1 through 8 as if set
forth in full.
10. Admitted.
11. Admitted.
12. Denied in that Paragraph 12 states a legal conclusion which requires no response.
Defendant provides further information pertaining to this allegation in New Matter.
13. Denied in that Defendant has been fully compensated in accord with his contract with
Defendant.
14. Denied in that Paragraph 14 states a legal conclusion which requires no response.
WHEREFORE, Defendant, Health Search, Inc. respectfully requests this Honorable
Court dismiss the Plaintiff's action with prejudice.
COUNT II - UNJUST ENRICHMENT
15. The Defendant incorporates herein the answers to Paragraphs 1 through 14 as if set
forth in full.
16. Denied in that Defendant has paid over to Plaintiff all sums of money due Plaintiff.
17. Denied in that as of July 10, 2006, Plaintiff had not collected all said sums of money.
18. Denied in that any reimbursement due to Plaintiff and all commissions due to
Plaintiff have been paid by Defendant.
19. Denied in that Paragraph 19 states a legal conclusion which requires no response.
WHEREFORE, Defendant Health Search, Inc. respectfully requests this Honorable Court
dismiss the Plaintiff's action with prejudice.
NEW MATTER
20. The responses to the allegations of Plaintiff's complaint contained in Paragraphs 1
through 19 above are incorporated herein.
21. Paragraph 3(b) of Plaintiff's employment agreement which is attached to Plaintiff's
Complaint as Exhibit "A", clearly states that in the event employment is terminated after one (1)
year of employment, an Employee shall receive one-half of the unpaid commissions earned after
they have been colleted by the Company and the permanency of the placement has been
established.
22. On July 10, 2004, Plaintiff had generated unpaid commissions in the amount of
$3,573.00 based upon 15% of $23,820.00.
23. Plaintiff did not generate any further commissions after July 10, 2004.
24. Plaintiff was paid $3,573.00 in commissions by Defendant after July 10, 2004.
WHEREFORE, Defendant respectfully requests this Honorable Court dismiss with
prejudice all counts of the Plaintiffs action.
RESPECTFULLY SUBMITTED
DUNCAN & HARTMAN, P.C.
William A. Duncan, Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
717.249-7800 FAX
Attorney ID 22080
Dated: ?? (o
VERIFICATION
I verify that the statements made in the foregoing Answer and New Matter are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: f? D
Rodney Yentzer, President
Health Search, Inc.
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Answer and New
Matter by depositing same in the United States Mail, first class, postage pre-paid on the 25' day
of October, 2006 from Carlisle, Pennsylvania, addressed as follows:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock,
Guthrie and Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
Wi iam A. Duncan, Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
717.249-7800 FAX
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
NO. 06-5746 Civil Term
V.
REPLY TO NEW MATTER
HEALTH SEARCH, INC.
Defendant. (Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
V. NO. 06-5746 Civil Term
HEALTH SEARCH, INC., (Jury Trial Demanded)
Defendant.
REPLY TO NEW MATTER
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through his counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire,
and sets forth the following Reply to New Matter, and in support thereof avers as
follows:
20. Paragraph 20 is an incorporation paragraph to which no response is
required.
21. Paragraph 21 references a document which speaks for itself. To the
extent, however, that a response is deemed necessary, Paragraph 21 states a legal
conclusion to which no response is required. By way of further answer, it is specifically
denied that the portion of the contract quoted by the Defendant is applicable to this
matter. Strict proof thereof is demanded at the time of trial.
22. Paragraph 22 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, it is admitted in part,
specifically denied in part. It is admitted that the Plaintiff is owed commissions by the
Defendant based on receipts for services invoiced under Plaintiffs name in the amount
of $23,820.00. It is specifically denied that the date of July 10, 2004 has any relevance
to this lawsuit. To the extent that Defendant intended to refer to the date of July 10,
2006, it is admitted that, as of July 10, 2006, Plaintiff had receipts for services invoiced
under Plaintiff's name in the amount of $23,820.00. It is specifically denied that the
unpaid commissions owed pursuant to the contract is $3,573.00, based upon 15% of
$23,820.00. Strict proof thereof is demanded at the time of trial.
23. Paragraph 23 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, it is specifically denied
that the date of July 10, 2004 has any relevance to this lawsuit. To the extent that
Defendant intended to refer to the date of July 10, 2006, it is admitted that, as of July
10, 2006, the Plaintiff had receipts invoiced under his name totaling $23,820.00, and
was not fully reimbursed the commission owed on this amount.
24. Paragraph 24 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, it is specifically denied
that the date of July 10, 2004 has any relevance to this lawsuit. To the extent that
Defendant intended to refer to the date of July 10, 2006, it is also specifically denied
that Plaintiff was paid $3,573.00 after July 10, 2006. Strict proof thereof is demanded at
the time of trial.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant with costs and prejudice
imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
i
By:
evin D. Rauch, Esquire
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Reply to New
Matter has been m piled by U.S. Mail counsel of record via first class mail, postage
pre-paid, this day of 2006.
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P. t*', J)AJ, 1'1AJ
By:
Kevin D. Rauch, Esquire
Counsel for Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05746 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HRESTAK FRANK JR
VS
HEALTH SEARCH INC
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HEALTH SEARCH INC the
DEFENDANT , at 1454:00 HOURS, on the 4th day of October , 2006
at 243 YORK ROAD
CARLISLE, PA 17013 by handing to
ROD YENTZER, VICE PRESIDENT, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 4.40
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
32.79,? 10/06/2006
SUMMERS MCDONNELL HUDOCK
Sworn and Subscibed to z
By:
F
before me this day Deputy Sheriff
of A.D.
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
NO. 06-5746 Civil Term
V.
MOTION FOR LEAVE OF COURT TO
HEALTH SEARCH, INC. FILE AMENDED COMPLAINT
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
CIVIL DIVISION
V.
HEALTH SEARCH, INC.,
Defendant.
NO. 06-5746 Civil Term
(Jury Trial Demanded)
MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through his counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire,
and files the following Motion for Leave of Court to File Amended Complaint and in
support thereof avers as follows:
1. On September 29, 2006, the Plaintiff initiated this action by filing a
Complaint. (A true and correct copy of the Complaint is attached hereto as Exhibit "A").
2. The Complaint sets forth counts of breach of contract and unjust
enrichment.
3. The aforementioned counts arose out of the parties' employment contract,
which was entered into on August 27, 2004 and ended by resignation of the Plaintiff on
July 24, 2006.
4. The Plaintiff seeks leave of court to amend his Complaint to include a
count of invasion of privacy, which arose from the Defendant's actions subsequent to
the Plaintiff's resignation. (A copy of the Plaintiff's proposed Amended Complaint is
attached hereto as Exhibit "B").
r
5. On August 22, 2007, the Plaintiff sought the Defendant's consent to file an
Amended Complaint.
6. To date, the Plaintiff has not received a response.
7. The Plaintiff certifies that a Judge has not ruled upon any other issue on
this or a related matter.
WHEREFORE, the Plaintiff respectfully requests this court to enter the attached
Order granting the Plaintiff, Frank Hrestak, Jr.'s Motion for Leave to Amended
Complaint.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
ti
By: -u
Kevin D. Rauch, Esquire
Counsel for Plaintiff
A
t. 2.....
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff, ?--7-'
NO. 0 L -- S'1 , 6
?lc?cC,
V.
COMPLAINT
HEALTH SEARCH, INC.
Defendant. (Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
` 0
c _ =
CXN
-n
' y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK H RESTAK, J R.
Plaintiff,
V.
HEALTH SEARCH, INC.,
Defendant.
CIVIL DIVISION
NO.
(Jury Trial Demanded)
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 claim 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 S. Bedford Street
Carlisle, PA 17013
Telephone Number: 717-249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paging siguientes, usted tiene viente (20) dias do plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses
o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted
no se defiende, la corte tomara medidas y puded entar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes
pars usted.
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
CIVIL DIVISION
V.
HEALTH SEARCH, INC.,
Defendant.
NO.
(Jury Trial Demanded)
COMPLAINT
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through its counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, and Kevin D. Rauch, Esquire, and files
the within Complaint, and in support thereof avers the following:
1. Plaintiff, Frank Hrestak, Jr. is an adult individual residing at 2857 Oakwood
Drive, Harrisburg, Pennsylvania 17112.
2. Defendant, Health Search, Inc. is a Pennsylvania corporation with its
principle place of business located at 243 York Road, Carlisle, Cumberland County,
Pennsylvania.
3. On August 27, 2004, the Plaintiff entered into an Employment Agreement
with Health Search, Inc. (hereinafter referred to as "contract"). This contract was signed
by the Plaintiff and Rodney Yentzer, II, Health Search Inc.'s Vice President. (A true and
correct copy of the Contract is attached hereto as Exhibit "A").
4. Pursuant to the terms of this contract, the Plaintiff was an employee of the
Defendant.
5. Under the terms of the contract, the Plaintiff was entitled to compensation
at the rate of thirty-percent (30%) of his commissions based on receipt for services
invoiced under his name.
6. On July 10, 2006, the Plaintiff provided Rodney Yentzer with a notice of
resignation effective July 24, 2006 (A true and correct copy of Plaintiff's notice of
resignation is attached hereto as Exhibit "B").
7. As of July 10, 2006, the Plaintiff had $23,820 in receipts for services under
his name with Health Search, Inc.
8. As of July 10, 2006, the Plaintiff was contractually owed commissions
totaling $7,146 based on 30% of his receipts for services.
COUNT I - BREACH OF CONTRACT
9. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 8 as if fully set forth at length herein.
10. Under the contract, the Plaintiff received consideration in the form of
salary and commissions.
11. Health Search, Inc. received consideration from the Plaintiff in the form of
his labor.
12. Because the Plaintiff resigned, and was not terminated, he is entitled to
the commissions set forth in the contract for receipts for services invoiced under his
name.
13. To date, Defendant failed to fully reimburse the Plaintiff pursuant to the
contract.
14. Because Defendant has not paid the Plaintiff his commissions owed under
the contract, the Defendant has breached the contract.
WHEREFORE, Plaintiff, Frank Hrestak, Jr. respectfully requests this Honorable
Court enter a judgment in his favor and against the Defendant with costs and prejudice
imposed.
COUNT II - UNJUST ENRICHMENT
15. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 14 as if fully set forth at length herein.
16. In the alternative, should this Honorable Court determine that no valid
contract existed between the parties, the Defendant was unjustly enriched through the
services of the Plaintiff.
17. As of July 10, 2006, the Plaintiff generated receipts for the Defendant
totaling $23,820.
18. The Plaintiff was not reimbursed for services rendered to the Defendant.
19. In failing to compensate the Plaintiff, the Defendant is unjustly enriched.
WHEREFORE, Plaintiff, Frank Hrestak, Jr. respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant with costs and prejudice
imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & WEELrL.L.P/7
By:
in U. Ranch, Esquire
nsel for Plaintiff
VERIFICATION
I, Frank Hrestak, Jr. verify that the foregoing Complaint is based upon
information which I have furnished to counsel and information which was has been
gathered by counsel in preparation of this lawsuit. I have read the Complaint and to the
extent that the Complaint is based upon information which I have given to counsel, it is
true and correct to the best of my knowledge, information, and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
Date
#14871
I(.If?-1U 10j 1Vi .•?f 1'15VL1 1.1 GjJl•Vl JLQLC IIr--3 f1f it 1fJ 1 JVV IK.,t?JVr V
EMPLOYMENT AGREEMENT
THfS AGREEMENT made and entered into as of this day of August Z7,2004 by and between HEALTH
SEARCH, INC., a corporation with its principal offices located at 243 York Road., Carlisle, Cumberland
County, Pennsylvania, 17013, (hereinafter "EMPLOYER" or "the Company") and Frank Hrestak JR, an
individual residing
At 2857 Oakwood Drive Harrisburg, PA 17112, (hereinafter 'EMPLOYEE").
MgTNESSETH:
WHEREAS, Employer is a corporation engaged in the business of providing management and personnel
services for the medical field; and
WHEREAS, Frank Hrestak JR is employed by Health Search, Inc., as a Recruiter,
a position of great importance to the Company; and
BrEREAS, the Company and the Employee wish to modify the terms of their employment relationship to
app?prlateIy recognize certain rights, obligations and compensation to the Employee: and
NVUEREA S, the Employee acknowledges the significant importance of this position to the Company. The
Company and the Employee acknowledge that the FrapIoyee will develop extremely valuable relationships by
virtue of employment with the Company and that the Employee will have access to extremely valuable
confidential and proprietary information and trade secrets belonging to the Company; and
AGREEMENT
NOW, THEREFORE, in consideration'of the promises and covenants set forth herein, and intending to be
legally bound hereby, the parties agree as follows:
1. TERM
Employment shall begin as of the date of this Agreement and continue for a period of one year. Upon expiration
of the initial one year term, the Agreement will automatically renew for additional successive one year teSn;IB,
unless written notice of non renewal is provided by either party at least. 14 days in advance of the expiration of
the then current contract term. Upon-termination or-non .renewal--of-this--.Agreementthe-pies-will be relieved- -ArP
of their duties and obligations, except that the rights and obligations set forth in Paragraphs 5 through 7 below
shall remain in full force and effect and shall survive-the expiration or termination of this Agreemerit, regaa le '.h
of the reason(s) for termination.
i ,.?*'i
Via.
2 ` 'POSMON AND DIRTIES
' .: • ' .' . .}4;vy.:: : iii'
` aYFFd the employee hereby employs as its Recruiter and Frank Hrestak JR
the Einpbbyee agrees to serve in such capacity for the Company on the terms and conditions hereafter set forth.
The Employee shall perform such other dirties and have such other authority as may be delegated to the r
Employee from time to time by the C may at any time relieve the Employee of any
.. U
?iF rNUi'1-L?epr_.er !Dtate 1-ress F1F-ttL- 1t? 1-J00 r06/Ur a-6 ,J
14
power or duty previously assigned to the Employee. The Employee shall report to the Company with respect to
the performance of these duties.
In the pearfornance of these duties, the'Employee shall devote its knowledge, skill, attention, energies and all of
its business time, and shall comply with all of the Company's policies, rules and regulations from time to time
adopted, and all specific directions of the Company.
The Employee shall not engage in any endeavor which would conflict with the rendition of its services to the'
Company, either directly or indirectly, without the prior written consent of the Company. The Employee shall
not be prevented from, investing its assets in such form or manner as shall not require any services on its part in
the operation of the affairs of any firm, corporation, association or other entity, but shall not invest in any other
fum, corporation or other entity which competes with the Company.
3. COMPENSATION
The Company shall pay the Employee for its services the base salary and other Compensation described in this
paragraph as follows:
a. Ease Salary. The Employee shall be paid a ,minimum annual base salary of $ 15,000.00in bi weedy
installments subject to the customary payroll deductions.
b. Compensation/ Commission. The Company and Employee agree that the rate of compensation is
(30/0 ) commission based on receipts for services invoiced under Employee name. Fifteen (15 % ) percent for
job order: fifteen. ( 15% ) percent forpotentail prospect for a possible total of thirty ( 30% ) per billing
It is farther understood that, in the event of termination of employment within one (1) year from the date hereof,
no commissions shall be payable to Employee other than the commissions already paid. rn the event of
termination after one (1) year from the date hereof, Employee shall receive One-half of the unpaid commissions
earned , after they have been collected by the Company and the permanency of the placement has been
established. In the event the employee does not give a two week notice the employee gives up their right to any
compinsation at that point. No commmission or salary will be paid to the employee,
c. Benefits. The Employee shall be entitled to participate in all benefit plans, programs, and
arrangements as may be authorized and adopted from time to time by the Company. Nothing herein shall
prevent the Company from discontinuing or modifying any existing benefit plan.
d. Expenses. The Employee shall be reimbursed by the Company for all reasonable and necessary
openses incurred by the Employee in performing his obligations under this Agreement upon presentation of
itemized mounts of such expenses supported by proper documentation.
4. TERAMLAT
: a. The Coalpan
y may terminate this Agreement ?? for cause upon at least thirty (30) days written-no
tice'to ,
the Employee, which cause shall be determined in good faith within the sole discretion of the Company.
"Caine" for te=ination may include, but shall not be limited to the following conduct of the employee:
aa. Material breach of any provision of this Agreement or any other agreements with the Compan
Y?
?f 1 - U7 _L4?:`til Vn1JL'1-1)tIJ_.Ul JLdLC F1 t. f.Lr rrc -slrJ
bb. Misconduct as an employee of the Company. Examples of misconduct include, but are not limited to:
(1) The willful failure by the Employee to substantially perform its duties hereunder;
(2) The gross negligence, incompetence, willful misconduct or disloyalty of the
Employee in the performance of its duties;
(3) The commission of any criminal, fraudulent or dishonest conduct.
pertaining to the business or affairs of the Company,
(4) Commission of any act or omission the intended or the likely consequence
of which is material injury to the Company's business, property or
reputation; or
(5) Conviction, or arrest, based upon substantial evidence, of a criminal offense
involving moral turpitude;
(6) Unreasonable neglect of the duties assigned to the Employee under or
pursuant to this Agreement;
b. This Agreement shall be terminated upon the death of the Employee or the inability of the Employee
to perform its duties by reason of sickness or accident for a period in excess of (6) months (as detemined in the
sole discretion and within the reasonable judgment of the Company based upon the opinion of a medical
professional).
5. CONFIDENTIAL INFORMATION
The Employee recognizes that it occupies a position of trust and confidence with respect to the affairs of the
-Company. By virtue of its employment, the Employee will have access to highly valuable intellectual property
belonging to the company including, but not limited to, marketing information (itcluding price lists, customer
information, quotations and purchasing methods), operating procedures and business strategies. The Employee
acknowledges and agrees that such intellectual property and information is "Confidential Information" and
constitutes ode secrets belonging to the Company. The Employee also recognizes that in the course of its
employment it will have access to other important information regarding the Company and its affairs that it
would not be privileged to know but for its association with the Company.
Ile Employee acknowledges that all of the above information shall be the sole property of the Company. Tte ,
Employee agrees that it will not ever, at any time, disclose any Confidential Information to any person for any
reason or purpose whatsoever or make use of any Confidential Information for his own purposes or for the
benefit of any person or other company, without the express prior written, consent of the Company and except as
may be reasonably necessary in the proper performance of the Employee's duties on behalf of the Company
under Us Agreement, The Employee will return any and all materials containing Confidential Information to
the Company irninediately upon termination of the Employee's employment.
p, :yer, the Employee agrees that it shall finmediately return to the Company any and
4H information regarding the Company and its affairs within its possession upon termination of errploynwnt,
including, but not limited fo, all correspondence, manuals, letters, notes, notebooks, reports arid any other `
doci ments or tangible items constituting information belonging to the Company or any information regarding
airy :???••.
07-IS- ' 25 192 , 38' FF01M-Dept . of 'state Fres",I -)UU
any of the Company's customers or potential customers, whether maintained at its office or elsewhere.
Eraployee will- also return to the Company any other Company property within its possession upon termination
of his employment.
6, RESTRICTIVE COVENANTS
a. Non-Competition. The Employee shall not, directly or indirectly, either during its employment with
the Company or for a period of twenty four (24) months followingthe termination.of the Employees
employment for any reason, render any services to, become employed by, or act in any capacity with any
individual, business, corporation, partnership or other business entity which competes either directly or
indirectly with the Company.
b: Non-Solicitation of Customers. The Employee shall not contact, entice, solicit or accept business
from, either directly or indirectly, any client or customer of the Company or otherwise divert any
business away from the Company either during its employment with the Company or for a period of
twenty four (24) months following the termination of the Employee's employment with the Company for
any reason.
c. Non-Solicitation of Employees. The Employee shall not contact, entice, solicit or have any
communication with any other employees of the Company in an attempt to influence or persuade any
other employees of the Company to leave their employment with the Company and/or accept
employment with any other person or company either during its employment with the Company or for a
period of twenty four (24) months following the termination, of the Employee's employment with the
Company for any reason.
d_ Enforcement and remedies, The Employee expressly acknowledges and agrees that the restrictive
covenants set forth in subparagraphs (a) through (c) above are absolutely necessary to protect the
legitimate business interests of the Company and that enforcement of these covenants will not prevent it
from earning a livelihood. The Employee further agrees and acknowledges that these restrictive
covenants are reasonable and are intended by the parties to be enforceable following termination of
employment for any reason, even if the Employee is terminated for cause or poor performance.
The Employee farther acknowledges and agrees that any breach of the restrictions set forth in subparagraphs (a)
though (c) above will result in irreparable injury to the Company for which it shall have no adequate remedy at
law. The Employee agrees that in the event of its breach of any one or more of the restrictive covenants set forth
in subparagraphs (a) through (c) above, the Company, in addition to any other remedies and damages available
at law, sh-a.11 be entitled to equitable remedies, including temporary and permanent injunctive relief to enforce-
'the provisions thereof. In-the`-event-that-any_of-thesezestrictions shall-b-esfeterrn.ined bye court o f -pompgt t
jurisdiction to be unenforceable in part based upon a determination that they are not reasonably limited in
geographic scope or time, the provisions shall remain in full force and effect as to that period of time or
geographic area determined to be reasonable by the court. In the event that the Company seeks injunctive relief
in order to eworce any one or more of the restrictive covenants set forth in subparagraphs (a) through (c) above,
upon finding such a breach, the restrictions are intended to be enforced for the full twenty four (24) month
period from the date that the court issues such injunction.
` .
: • ; DISPUTE RESOLUTION
,
1.1f1 rn1111 Ur :I 1 - -- -
E
1-L 1 , I L. -_I -L 1 v
Any controversy or claim arising out of or related to the Employee's employment with the Company,
including but not limited to any claims arising out of or related to this Agreement or any claimed breach thereof,
or any claims by the Employee to the effect that the Company violated any state or federal law with respect to
the terms and conditions of the Employee's employment, including but not limited to any claims under the Age
Discrimination in Employment Act, the Americans With Disabilities Act, the Family and Medical Leave Act,
the Employee Retirement Income Security Act, Title V.Q of the Civil Rights Act of 1964, the Pennsylvania
Human Relations Act or any other federal or state fair employment practices law, breach of contract, defamation
or any'other federal or state statute or common law doctrine whatsoever, shall first be submitted pursuant to the
Company's internal dispute resolution procedures.
In the event that the Company's internal dispute resolution procedures do not adequately resolve the dispute, all
such claims and issues shall be submitted to binding arbitration before the American. Arbitration Association in
the City of Han isburg, Pennsylvania, pursuant to the National Rules for the Resolution of Employment Disputes
then in effect. Any such arbitration award entered shall be final and binding upon the parties hereto, and
judgment upon the award may be entered in any court having jurisdiction thereof. The arbitrator shall have no
authority to modify any provision of this Agreement when rendering the award.
If the Employee prevails on any material issue which is the subject of such arbitration, the Company shall be
responsible for all fees of the American Arbitration Association and the arbitrator and any expenses relating to
the conduct of the arbitration (excluding attorneys fees). Otherwise, each party shall be responsible for its own
expenses relating to the conduct of the arbitration and shall share the fees of the American, Arbitration
Association.
Wbile all other disputes that may arise between the parties concerning; the Employee's employment with the
Company or the term of this Agreement must be resolved according to the dispute resolution procedures
outlined above, the Company shall be entitled to file a lawsuit in any court of competent jurisdiction in order to
remedy any breach of or seek enforcement of the previsions set forth in Paragraphs 6 and 7 above. The arbitrator
shall have no jurisdiction over enforcement of these provisions.
g. GOVERNING LAW
The terms of this Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania.
I! i1OIil- i?Aj, ER
A waiver of any provision of this Agreement by either party shall not prevent either party from enforcing that _;Y r3-. .
provision or any other provision hereof.
ASSIGNNMNT
?-:?greer?aent is personal and may not be assigned by the Employee. This Agreement shall inure to the'-be$t'
of and be binding upon any successor to the Company.
VERAB?CL
-ITY
provision of this Agreement is severable and distinc Qvi , . ;
t from, and independent of, every other pn?visi W. :; •: ?T., ?.
h f- If one provision hereof is declared void, the remaining provisions shall remain in effect.
1
41 p. ?J
y
;.. fit.
07-13`05 10,:338 FROM-Dept, of State Press 717 - 72-"-41Yb 1-ybo ru r ! ?? r u-???
12. ENTIRE AGREEMENT
This instrument contains the entire agreement of the parties concerning the employment relationship and
supersedes any prior understandings between the parties concerning the terms and conditions of the Employee's
employment, whether oral or written. The parties acknowledge, in entering into this Agreement, that they have
not relied upon any promise or inducement not specifically set forth herein. Any changes to this Agreement
must be in wtiiting and signed by both parties.
13. NOTICE
Any notices required to be given by this Agreement shall be made in writing and delivered by certified mail,
return receipt requested, with adequate postage prepaid. If the notice is to be given to the Employee, the notice
shall be mailed to the Employee's address as set forth above or to any later given address that the Employee has
provided in writing to the Company for such purpose. If the notice is to be given to the Company, the notice
shall be mailed to its principal ofee addressed. Any notice given in the manner required above shall be deemed
given when so mailed.
IN VVrr SS WHEREOF, and wishing to be legally bound, the parties have executed this Agreement as of
the date first above written.
WrINESS:
rAWAe 149 666S'acly
HEALTH SEARCH, INC.:
1-T `??l pT
tynFF
lti •?( i
it
' :h
July 10, 2006
Rodney L. Yentzer, President
Health Search, Inc.
243 York Road
Carlisle, PA 17013
Dear Mr. Yentzer;
Please allow this letter to serve as my notice of resignation from Health Search,
Inc., effective July 24, 2006.
Sincerelv.
rank M. Hu6stdk, Jr. k
Certified Mail No. 7004 0750 0002 7286 6888
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
V.
NO. 06-5746 Civil Term
AMENDED COMPLAINT
HEALTH SEARCH, INC.
Defendant. (Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
V.
NO. 06-5746 Civil Term
HEALTH SEARCH, INC., (Jury Trial Demanded)
Defendant.
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 claim 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 S. Bedford Street
Carlisle, PA 17013
Telephone Number: 717-249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las pagina siguientes, usted tiene viente (20) dias do plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
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demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes
para usted.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
CIVIL DIVISION
V.
HEALTH SEARCH, INC.,
Defendant.
NO.
(Jury Trial Demanded)
AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through its counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, and Kevin D. Rauch, Esquire, and files
the within Amended Complaint, and in support thereof avers the following:
1. Plaintiff, Frank Hrestak, Jr. is an adult individual residing at 2857 Oakwood
Drive, Harrisburg, Pennsylvania 17112.
2. Defendant, Health Search, Inc. is a Pennsylvania corporation with its
principle place of business located at 243 York Road, Carlisle, Cumberland County,
Pennsylvania.
3. On August 27, 2004, the Plaintiff entered into a written Employment
Agreement with Health Search, Inc. (hereinafter referred to as "contract"). This contract
was signed by the Plaintiff and Rodney Yentzer, II, Health Search Inc.'s Vice President.
(A true and correct copy of the Contract is attached hereto as Exhibit "A").
4. Pursuant to the terms of this contract, the Plaintiff was an employee of the
Defendant.
5. Under the terms of the contract, the Plaintiff was entitled to compensation
at the rate of thirty-percent (30%) of his commissions based on receipt for services
invoiced under his name.
6. On July 10, 2006, the Plaintiff provided Rodney Yentzer with a notice of
resignation effective July 24, 2006. (A true and correct copy of Plaintiffs notice of
resignation is attached hereto as Exhibit "B").
7. As of July 10, 2006, the Plaintiff had $23,820 in receipts for services under
his name with Health Search, Inc.
8. As of July 10, 2006, the Plaintiff was contractually owed commissions
totaling $7,146 based on 30% of his receipts for services.
COUNT I - BREACH OF CONTRACT
9. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 8 as if fully set forth at length herein.
10. Under the contract, the Plaintiff received consideration in the form of
salary and commissions.
11. Health Search, Inc. received consideration from the Plaintiff in the form of
his labor.
12. Because the Plaintiff resigned, and was not terminated, he is entitled to
the commissions set forth in the contract for receipts for services invoiced under his
name.
13. To date, Defendant failed to fully reimburse the Plaintiff pursuant to the
contract.
14. Because Defendant has not paid the Plaintiff his commissions owed under
the contract, the Defendant has breached the contract.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant, with costs and prejudice
imposed.
COUNT II - UNJUST ENRICHMENT
15. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 14 as if fully set forth at length herein.
16. In the alternative, should this Honorable Court determine that no valid
contract existed between the parties, the Defendant was unjustly enriched through the
services of the Plaintiff.
17. As of July 10, 2006, the Plaintiff generated receipts for the Defendant
totaling $23,820.
18. The Plaintiff was not reimbursed for services rendered to the Defendant.
19. In failing to compensate the Plaintiff, the Defendant is unjustly enriched.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant, with costs and prejudice
imposed.
COUNT III - INVASION OF PRIVACY APPROPRIATION OF NAME OR LIKENESS
20. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 19, as if fully set forth at length herein.
21. On August 27, 2004, the Plaintiff entered into a written employment
agreement with Health Search, Inc.
22. As part of his employment, the Plaintiff permitted Health Search, Inc. to
use the Plaintiffs name and/or likeness on websites such as Health Searchrf.net and
GasWorks.com.
23. On July 10, 2006, the Plaintiff provided Rodney Yentzer, II, Health Search
Inc.'s Vice President with a notice of resignation effective July 24, 2006.
24. After the effective date of the Plaintiffs resignation, the Defendant
continued to appropriate the Plaintiffs name and/or likeness on Health Search's website
and other recruiting websites such as GasWork.com, by listing the Plaintiff as a main
contact. (A true and correct copy of the Health Search and GasWorks.com's websites
as of December 29, 2006, are attached hereto as Exhibit "C").
25. The Defendant continued to appropriate the Plaintiffs name and/or
likeness after two letters dated September 1, 2006 and December 29, 2006,
respectively, requested the Defendant to cease and desist.
26. The Defendant appropriated the Plaintiffs name and/or likeness without
permission for its own pecuniary gain.
27. As a result of the Defendant's continued use of the Plaintiffs name and/or
likeness, the Plaintiff suffered injuries due to this invasion of privacy.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant, with costs and prejudice
imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Counsel for Plaintiff
e? r
EMPLOYMENT AGREEMENT
TMS AGREEMENT made and entered into as of this day of August 27, 2004 by and between HEALTH
SEARCH, INC., a corporation with its principal offices located at 243 York Road, Carlisle, Cumberland
County, Pennsylvania, 17413, (hereinafter "EMPLOYER" or "the Company") and Frank Hrestak JR, an
individual residing
At 2857 Oakwood Drive Harrisburg, PA 17112, (hereinafter 'EMPLOYEE" ).
WITNESSETH:
WHEREAS, Employer is a corporation engaged in the business of providing management and personnel
services for the medical field; and
WHEREAS, Frank Hrestak JR. is employed by Health Search, inc., as a Recruiter,
a position of great importance to the Company; and
WHEREAS, the Company and the Employee wish to modify the terms of their employment relationship to
appropriately recognize certain rights, obligations and compensation to the Employee: and
VVWEREAS, the Employee acknowledges the significant importance of this position to the Company. The
Company and the Employee acknowledge that the Employee will develop extremely valuable relationships by
virtue of employment with the Company and that the Employee will have access to extremely valuable
confidential and proprietary information and trade secrets belonging to the Company; and
AGREEMENT
NOW, THEREFORE, in consideration'of the promises and covenants set forth herein, and intending to be
legally bound hereby, the parties agree as follows:
1. TERM
Employment shall begin as of the date of this Agreement and continue for a period of one year. Upon expiration
of the initial one year terra, the Agreement will automatically renew for additional successive one year terms,
unless written notice of non renewal is provided by either party at least, 14 days in advance of the expiration of
the then current contract terns. Upon-termination-or-non .renewal-of-this- Agreement,-the-parties-Wdl be felieyed- 4
of their duties and obligations, except that the rights and obligations set forth in Paragraphs S through 7 below4
shall remain in full force and effect and shall, survive-the expiration or terrhInation of this Agreement, rega ess= _
of the reason(s) for termination.
2d. 'POSON AND DITTIES
any hereby employs the employee as its Recruiter and Frank Hrestak JR
the Employee agrees to serve in such capacity for the Company on the terms and bonditions hereafter set forth,
The Employee shall perform such other duties and have such other authority as may be delegated to the r
Employee from time to time by the C may at any time relieve the Employee of any
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power or duty previously assigned to the Employee. The Employee shall report to the Company with respect to
the performance of these duties,
In the performance of these duties, the Employee shall devote its knowledge, skill, attention, energies and all of
its business time, and shall comply with all of the Company's policies, rules and regulations from time to time
adopted, and all specific directions of the Company.
The Employee shall not engage in any endeavor which would conflict with the rendition of its services to the
Company, either directly or indirectly, without the prior written consent of the Company. The Employee shall
not be prevented from, investing its assets in such form or manner as shall not require any services on its part in
the operation of the affairs of any firm, corporation, association or other entity, but shall not invest in any other
fu-m, corporation or other entity which competes with the Company.
3. COMPENSATION
The Company shall pay the Employee for its services the base salary and other Compensation described in this
paragraph as follows:
a. Base Salary. The Employee shall be paid a ,minimum annual base salary of $ 15,000.00in bi weekly
installments subject to the customary payroll deductions.
b. Compensation/ Commission. The Company and Employee agree that the rate of compensation is
(30% ) commission based on receipts for services invoiced under Employee name. Fifteen ( 15 % ) percent for
job order: fifteen ( 15% ) percent forpotentail prospect 16r a possible total of thirty ( 30% ) per billing
It is further understood that, in the event of termination of employment within one (1) year from the date hereof,
no commissions shall be payable to Employee other than the commissions already paid. In the event of
termination after one (1) year from the date hereof, Employee shall receive One-half of the unpaid commissions
earned , after they have been collected by the Company and the permanency of the placement has been
established. In the event the employee does not give a two week notice the employee gives up their right to any
compinsation at that point. No conunission or salary will be paid to the employee.
c. Berief ts. The Employee shall be entitled to participate in all benefit plans, programs, and
arrangements as may be authorized and adopted from time to time by the Company. Nothing herein shall
prevent the Company from discontinuing or modifying any existing benefit plan.
d. Expenses. The Employee shall be reimbursed by the Company for all reasonable and necessary
e.•penses incurred by the Employee in performing his obligations under this Agreement upon presentation of
itemized accounts of such expenses supported by proper documentation.
4. f ' •TXR ATION ;
,.
a.- The Company may ternunate this Agreement for cause upon at least thirty (30) days written-no
tic
the Employee, which cause shall be determined in good faith within the sole discretion of the Company.
"Cause' for termination may include, but shall not be limited to the following conduct of the, employee:
aa. Material breach, of any provision of this Agreement or any other agreements -%Adth the Company;
l'7 r -_L?'?- l`1;J 1?? . JO r?lJl1-1JC?! ?_ , ul
bb. Misconduct as an employee of the Company. Examples of misconduct include, but are not limited to:
(1) The willful failure by the Employee to substantially perform its duties hereunder;
(2) The gross negligence, incompetence, willful misconduct or disloyalty of the
Employee in the performance of its duties;
(3) The commission of any criminal, fraudulent or dishonest conduct.
pertaining to the business or affairs of the Company;
(4) Commission of any act or omission the intended or the likely consequence
of which is material injury to the Company's business, property or
reputation; or
(5) Conviction, or arrest, based upon substantial evidence, of a criminal offense
involving moral turpitude; -
(b) Unreasonable neglect of the duties assigned to the Employee under or
pursuant to this Agreement;
b. This Agreement shall be terminated upon the death of the Employee or the inability of the Employee .
to perform its duties by reason of sickness or accident for a period in excess of (6) months (as determined in the
sole discretion. and within the reasonable judgment of the Company based upon the opinion of a medical
professional).
5. CONFIDE TL4L INFORMATION
The Employee recognizes that it occupies a position of trust and confidence with respect to the affairs of the
Company. By virtue of its employment, the Employee will have access "to highly valuable intellectual property
belonging to the company including, but not limited to, marketing information (including price lists, customer
information, quotations and purchasing methods), operating procedures and business strategies. The Employee
acknowledges and agrees that such intellectual property and information is "Confidential Information" and
constitutes ode secrets belonging to the Company. The Employee also recognizes that in the course of its
employment it will have access to other important information regarding the Company and its affairs that it
would not be privileged to know but for its association with the Company.
1.10 Employee acknowledges that all of the above information shall be the sole property of the Company. The*
Employee agrees that it will not ever, at any time, disclose any Confidential Information to any person for any
reason or purpose whatsoever or make use of any Confidential Information for his own purposes or for the
benefit of any person or other company, without the express prior written consent of the Company and except as
may be reasonably necessary in the proper performance of the Employee's duties on behalf of the Company
under this Agreement. The Employee will return any and all materials containing Confidential Information to
the Company immediately upon termination of the Employee's employment.
;cyavver, the Employee agrees that it shall immediately return to the Company any and
Q Svc.
'.
-information regarding the Company and its affairs within its possession upon termination of emplo
ytz??t, r
including, but not lmnuted to, all correspondence, manuals, letters, notes, notebooks, reports and any other
docents or tangible items constituting information belonging to the Company or any information regarding
M V:
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5 10
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any of the Company's customers or potential customers, whether maintained at-its office or elsewhere.
Employee will also return to the Company any other Company property within its possession upon termination
of his employment.
6, RESTRICTIVE COVENANTS
a. Non-Competition. The Employee shall not, directly or indirectly, either during its employment with
the Company or for a period of twenty four (24) months following the termination-of the Employee's
employment for any reason, render any services to, become employed by, or act in any capacity with any
individual, business, corporation, partnership or other business entity which competes either directly or
indirectly with the Company.
b: Non-Solicitation of Customers. The Employee shall not contact, entice, solicit or accept business
from, either directly or indirectly, any client or customer of the Company or otherwise divert any
business away from the Company either during its employment with the Company or for a period of
twenty four (24) months following the termination of the Employee's employment with the Company for
any reason.
c. Non-Solicitation of Employees. The Employee shall not contact, entice, solicit or have any
communication with any other employees of the Company in an attempt to influence or persuade any
other employees of the Company to leave their employment -with the Company and/or accept
employment with any other person or company either during its employment with the Company or for a
period of twenty four (24) months following the termination. of the Employee's employment with the
Company for any reason.
d_ Enforcement and remedies. The Employee expressly acknowledges and agrees that the restrictive
covenants set forth in subparagraphs (a) through (c) above are absolutely necessary to protect the
legitimate business interests of the Company and that enforcement of these covenants will not prevent it
from earning a livelihood. The Employee further agrees and acknowledges that these restrictive
covenants are reasonable and are intended by the parties to be enforceable following termination of
employment for any reason, even if the Employee is terminated for cause or poor performance.
The Employee fiarther acknowledges and agrees that any breach of the restrictions set forth in subparagraphs (a)
through (c) above will result in irreparable injury to the Company for which it shall have no adequate remedy at
law. The Employee agrees that in the event of its breach of any one or more of the restrictive covenants set forth
in subparagraphs (a) through (c) above, the Company, in addition to any other remedies and damages available
at law, shall be entitled to equitable remedies, including temporary and permanent injunctive relief to enforce-
the previsions thereof. In-the..euent-that-any-of-ffiese..restrictinns_shall b-eActc?y-MY-eo9-f?omp e tt
jurisdiction to be unenforceable in part based upon a determination that they are not reasonably limited in
geographic scope or time, the provisions shall remain in full force and effect as to that period of time or
geographic area determined to be reasonable by the court. In the event that the Company seeks injunctive relief
in order to enforce any one or more of the restrictive covenants set forth in subparagraphs (a) through (c) above,
upon finding such a breach, the restrictions are intended to be enforced for the full twenty four (24) month
period from the date that the court issues such injunction.
•a t`? ' . DISPUTF, RESOLUTION
4?I _LO U_I 1 .j C, L15Vt1 LJGt'L. L11 .J LCl Lim 111. J.? 1J.I i 1 - _
Any controversy or claim arising out of or related to the Employee's employment with the Company,
including but not limited to any claims arising out of or related to this Agreement or any claimed breach thereof,
or any claims by the Employee to the effect that the Company violated any state or federal law with respect to
the terms and conditions of the Employee's employment, including but not limited to any claims under the Age
Discrimination in Employment Act, the Americans With Disabilities Act, the Family and Medical Leave Act,
the Employee Retirement Income Security Act, Title VlI of the Civil Rights Act of 1964, the Pennsylvania
Human Relations Act or any other federal or state fair employment practices law, breach of contract, defamation
or any'other federal or state statute or common law doctrine whatsoever, shall first be submitted pursuant to the
Company's internal dispute resolution procedures.
In the event that the Company's internal dispute resolution procedures do not adequately resolve the dispute, all
such claims and issues shall be submitted to binding arbitration before the American. Arbitration Association in
the City of Harrisburg, Pennsylvania, pursuant to the. National Rules for the Resolution of Employment Disputes
then in effect. Any such arbitration award entered shall be final and binding upon the parties hereto, and
judgment upon the award may be entered in any court' having jurisdiction thereof. The arbitrator shall have no
authority to modify any provision of this Agreement when rendering the award.
If the Employee prevails on any material issue which is the subject of such arbitration, the Company shall be
responsible for all fees of the American Arbitration Association and the arbitrator and any expenses relating to
the conduct of the arbitration (excluding attorneys fees). Otherwise, each party shall be responsible for its own
expenses relating to the conduct of the arbitration and shall share the fees of the American Arbitration
Association.
1
Wbile au other disputes that may arise between the parties conceming the Employee's employment with the
Company or the term of this Agreement must be resolved according to the dispute resolution procedures
outlined above, the Company shall be entitled to file a lawsuit in any court of competent jurisdiction in order to
remedy any breach of or seek enforcement of the provisions set forth in Paragraphs 6 and 7 above. The arbitrator
shall have no jurisdiction over enforcement of these provisions.
& GOVER.NINGLAW
The terms of this Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania.
9. NON-WAIVER ; k
U?a
A waiver of any provision of this Agreement by either party shall not prevent either party from enforcing,, `;
provision or any other provision hereof.
I0. ASSIGNNfENT r.,:.. .
1 Agreement is personal and may not be assigned by the Employee. This Agreement shall inure to the'b?i?tq ;
.,.
of and be binding upon any successor to the Company.
EVERABIEUrY
ch'pr iivision of this Agreement is severable and distinct from, and independent of, every other p vi
h f. If one provision hereof is declared void, the remaining provisions shall remain in effect.
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07-18-105 10:38c, FROM-Dept, of 5tat e Fress ?1 r - TZ1-4P
e
12. ENTIRE AGREEMENT
This instn=ent contains the entire agreement of the parties concerning the employment relationship and
supersedes any prior understandings between the parties concerning the terms and conditions of the Employee's
employment, whether oral or written. The parties acknowledge, in entering into this Agreement, that they have
not relied upon any promise or inducement not specifically set forth herein. Any changes to this Agreement
must be in writing and signed by both parties.
1.3. NOTICE
Any notices required to be given by this Agreement shall be made in writing and delivered by certified snail,
return receipt requested, with adequate postage prepaid. If the notice is to be given to the Employee, the notice
shall be mailed to the Employee's address as set forth above or to any later given address that the Employee has
provided in writing to the Company for such purpose. If the notice is to be givea to the Company, the notice
shall be mailed to its principal ofce addressed. Any notice given in the manner required above shall be deemed
given when so mailed.
IN WITNESS WHEREOF, and wishing to be legally bound, the parties have executed this Agreement as of
the date first above written.
WrINESS.. HEALTH SEARCH, INC.:
rAwe M 9.
{=R.1
July 10, 2006
Rodney L. Yentzer, President
Health Search, Inc.
243 York Road
Carlisle, PA 17013
Dear Mr. Yentzer:
Please allow this letter to serve as my notice of resignation from Health Search,
Inc., effective July 24, 2006.
Sincerelv.
rank M. Hu6stefk, Jr.
Certified Mail No. 7004 0750 0002 7286 6888
Health Search Page 1 of 1
nEALF"T07H SEARCH
?!Yl=f 0 C* "i, It v ml; to I n-
'1" 7
f ` s Team `to le Hot Jobs Contact Us
HEALTH SEARCH, INC. is a National Recruiting Firm specializing in Health Care Professional
With over 25 years of combined recruiting experience, we offer our candidates and clients our expertisf
and honest work ethic which is unmatched in our industry. By choosing our company, you will receive
not only hard-working recruiters, but highly motivated professionals who have your best interests in
mind.
If you need permanent or locum tenen coverage, Health Search is the company to call. Because wi
are a smaller company, you will always receive the personalized attention you deserve as a valued clier.
All Health Search recruiters have cell phones and e-mail devices to keep you in touch with them 24/7.
Our job doesn't end upon the introduction of a candidate. We are with you every step of the way.
Setting up phone and on-site interviews, making travel and lodging arrangements, providing the
candidates with billing sheets, directions, itinerary, and information about the area are all part of our
responsibilities as recruiters. Regardless of the type of coverage we are providing for you, we work wit
the medical staff office and anesthesia group to get our candidates credentialed.
Our agreements are strictly contingent. If we do not produce results, you owe us nothing. Our fee;
are only payable after the candidate has provided services to the facility.
P_ 11
http ://www.healthsearchrf.net/aboutus. shtml
4.
12/29/2006
Health Search Page 1 of 1
HEALTH @T"? ? , z^ ''? r .,E_.,a??.?.a',,.'."',.sea€»?.?!,. ..:?s?as.t?ba._s..i?...w. • s ,?? ?.
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tVs ream Pr4ftb ff6 Jobs Contact Us
Nan cy Yentzer
President and voice of reason.
Rod Yentzer
Vice President and Office Manager - With over six years of recruiting experience In three different fieli
Rodney handles the day to day administrative activities of Health Search.
Keith Swartz
Anesthesia Recruiter - With over five years recruiting experience, Keith has been with the company sin
2001. He is energetic, hard-working, and honest. You will find working with Keith a real pleasure.
Isabella Guarnera
Anesthesia Recruiter, specializing in Permanent and Locum Placement of CRNAs And MDAs in PA,
VA, OH, and NY. Isabella is a Pennsylvania native and brings A wealth of knowledge regarding sales
and customer relations. She is "jazzy" and vibrant, to say the least, and she is all about customer servic(
"Bella", as she is referred to, is devoted to providing all candidates with the highest level of personalize
service and attention; no matter what the assignment. If you have a need, Bella will make herself
available all hours of the day or night and will always do her best to respond with a quickness.
Frank Hrestak
Anesthesia Recruiter - brings over 7 years healthcare experience, working at the executive level. His
experience ranges from managed care to healthcare recruiting as well entrepreneurial experience with t)
start up and sale of a small medical supplies company. While at Amisys-Synertech, a medical claims
processing company, Frank was head of business development where he evaluated and brought to
fruition business alliances for Amisys-Synertech. In addition, he made recommendations to board
members on potential merger and acquisition opportunities. As a recruiter, Frank has used his prior
experience in business development and relationship management to develop lasting relationships. He i
a 1996 graduate of the University of Pittsburgh and a 2005 MBA graduate from the Pennsylvania State
University.
http://www.healthsearchrf.net/teamprofile.shtml 12/29/2006
Health Search
Team Member
Rod Yentzer
Keith Swartz
Isabella Guarnera
Frank Hrestak
Marcus
E-Mail Phone
rod@healthsearchrf.com 800.650.1001
0
keitha,healthsearchrf.com 800.650.1001
isabella@healthsearchrf.corn 800.650.1001
frank&a healthsearchrf.corn 800.650.1001
marcus o.healthsearchrf.com 800.650.1001
Page 1 of 1
Fax
717.245.2828
866.497.6389
866.615.1186
866.332.2194
866.240.2561
http://www.healthsearchrf.net/contactus.shtml 12/29/2006
" L tina I eonl F-r In Touch With i Peophe a. ? ? wig - - - -
Page 1 of 8
ua sWo r,k com
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OUNT
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The search returned 102 matches to your query.
Displaying results 1 through 102.
Click on the reference number to the left of a listing to view its full details.
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NOTICE: Some or all of the information in these bulletins may be inaccurate. The end user is
responsible for verifying the accuracy of any information contained in these bulletins.
DURATION NAME
XIA
M
GROUP GROUP AGENCY MINIMUM A
REF # TAGLINE STATE CITY OF ANESTHESIA NAME INCOME INCO:
POSITION GROUP
(NAS)
Connect National
58678
with the
Texas
North East
Locum
Anesthesia
best! TX Tenens Services,
Inc.
(NAS)
National
Texas Western Locum Anesthesia
56581 Tenens Services,
Inc.
Easter
Anesthesia
54830 SE of Austin Texas Full Time Staffing,
Inc.
Texas Location- Full Time American $140,001- $170,0
52284 DFW Area Healthcare $150,000 $180,(
(NAS)
National
Texas Dallas Area Locum Anesthesia
52045 Tenens Services,
Inc.
Central Easter
51915' Texas; Texas Full Time Anesthesia
approx. 1 hr Staffing,
http://www.gaswork.com/cgi-bin/ipbltsrch.exe?ForumID=JOB4CRNA 12/29/2006
Page 2 of 8
from Austin Inc.
49367 Texas 90 mins from Full Time American
Healthcare $150,001-
000
$160 $180,0
$190
(
Dallas , ,
58664 Autonomy,
Money, Big
Texas
Houston
Full Time Clinical Partners
PA
$210,000
$240,(
City...
United
Locum Anesthesia
58558 Texas Tenens Associates,
Inc
(NAS)
Long-term Locum National
58296 opportunity-- Texas Northeastern Tenens Anesthesia
no call! Services,
Inc.
Five
Hundred-Bed
58122 Texas
Hospital Texas Tyler Full Time The Trinity
Clinic Cejka
Search
Seeking New
CRNAs
(NAS)
National
57649 TexasS uth ern Locum
Tenens Anesthesia
Services,
Inc.
(NAS)
National
57590 Texas Central Full Time Anesthesia
Services,
Inc.
(NAS)
National
57557 Texas Greater Dallas Full Time Anesthesia
Area Services,
Inc
(NAS)
GREAT National
57309 p?-tune"? TexasN rthern Full Time Anesthesia
Full- time Services,
position! Inc
Texas Anesthesia $110,001- $160,0
57045 Texas Dallas Full Time Group $120,000 $170,(
Rhino
56930 Texas SE Full Time Healthcare
United
Locum Anesthesia
55088 Texas Tenens Associates,
Inc
Huffman $230,001- $230,0
54787 Texas Columbus Full Time Anesthesia, $240,000 $240,(
PLLC
Rhino
h4://www.gaswork.com/egi-bin/ipbltsrch.exe?FonunlD=JOB4CRNA 12/29/2006
Page 3 of 8
53552 Texas Full Time Healthcare
Rhino
Healthcare
53378 Texas Full Time Associates,
LLC
Methodist Dallas
52030 Texas Dallas Full Time Medical Center
Capitol $120,001- $230,0
47559 Texas Austin Full Time Anesthesiology $130,000 $240,(
Assoc
Scott & White $120,001- $140,0
44866 Texas Temple Full Time Hospital $130,000 $150,(
Locum Regional
58275 DFW area Texas Tenens Consulting
Excellent Easter
position in Locum Anesthesia
58206 Central Texas Tenens Staffing,
Texas Inc.
No Call, 8 10
58139 or 12 Hour Texas Northeast Full Time CompHealth $120,000 $150,(
Shifts in NE
Texas
Saber-
57564 Texas Full Time Salisbury
Group
57293 No Call
Position in
Texas Dallas/Ft
Worth
Full Time NorthStar
Anesthesia, PA
$120,000
$180,(
Dallas!
All Star
55257 Texas East Full Time Recruiting
CRNA group
(PA) as part General
58181 owner Texas Vernon Full Time Anesthesia $130,000 $140,(
covering Services, PA
Rural Hosp
United $170,001- $220,0
58068 Texas Full Time Anesthesia $180,000 $230,(
All Star
58067 Texas South Full Time Recruiting
All Star
58066 Texas South Full Time Recruiting
57921
Texas Suburb Of
Houston
Full Time All Star
Recruiting
56920 Texas Right Outside
of Houston Full Time All Star
Recruiting
Hendrick $120,001 - $150,0
55769 Texas Abilene Full Time Anesthesia $130,000 $160,(
Network
United $120,001- $140,0
54240 Texas Near Coast Full Time Anesthesia $130,000 $150,(
http://www.gaswork.com/cgi-bin/ipbltsrch.exe?ForumID=JOB4CRNA 12/29/2006
Page 4 of 8
St. Luke's Houston
Woodlands - (Medical Greater Houston
53944 The Texas Center and Full Time Anesthesiology, $120,000 $160,(
Woodlands, The P.A.
TX Woodlands)
SouthEast Texas $170
001- $200
0
53447 Texas La Grange Full Time Freelance ,
$180
000 ,
$210
(
Anesthesia, PC , ,
53159 Texas Outside Of Full Time All Star
Houston Recruiting
53032
Texas
Dallas
Full Time Southwest
Anesthesiology $100,001- $150,0
Associates, LLP $110,000 $160,(
52446 Texas West Full Time All Star
Recruiting
51027 Texas Houston Locum A and J
Tenens Anesthesia
50168
Texas Fort Worth
Full Time All Star
Area Recruiting
50167
Texas Fort Worth
Full Time All Star
Area Recruiting
50166 Texas Full Time All Star
Recruiting
Dept. of
46627 Texas Galveston Full Time Anesthesiology, $100,0
Univ. of Texas $110,(
Medical Br...
34292 Texas Northeast Full Time United $110,001- $140,0
Anesthesia $120,000 $150,(
31545 Texas Houston Full Time Baylor College $110,001- $120,0
of Medicine $120,000 $130,(
20213 Texas Paris Full Time Paris Regional $130,001- $160,0
Medical Center $140,000 $170,(
19662 Texas Full Time United $110,001- $120,0
Anesthesia $120,000 $130,(
CRNA
opportunity
58592 near
Dallas/Ft. Texas Mineral Wells Full Time Palo Pinto
General Hospital $190,000 $210,(
Worth
Metroplex
Central TX
58446 Locum job, Texas Central Locum Odyssey
spend winter Tenens Staffmg
in TX!
53752 Texas Beaumont Full Time Anesthesia $130,001- $140,0
Associates $140,000 $150,(
The Methodist
53739 Texas Houston Full Time Hospital
Physician $150,000 $180,(
Organization
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Page 5 of 8
Sheridan $120,001- $160,0
51154 Texas Fort Worth Full Time Healthcare of
$130,000
$170,(
North Texas
Amarillo $130,001- $150,0
46756 TexasA marillo Full Time Anesthesia
$140,000
$160,(
Consultants, PA
Department of $110,001- $130,0
45469 Texas San Antonio Full Time Anesthesiology, $120,000 $140,(
UTHSCSA
58302 40 mins.
from Wichita
Texas 40 mins. from
Full Time American
000
$150
$170
(
Falls, TX Wichita Falls Healthcare , ,
American $180,001- $230,0
58032 Texas Near Dallas Full Time Healthcare $190,000 $240,(
American $240,001- $300,0
57998 Texas Full Time Healthcare $250,000 $310,(
American $170,001- $180,0
39967 Texas Full Time Healthcare $180,000 $190,(
Part-time
staff CRNA East Texas
$60,001-
$80,0(
58117 ,
16 Texas Tyler Part Time Anesthesia $70
000 $90,0
hours/week Associates ,
55410 Texas Austin Full Time South Austin L$140,001 - $170,0
Anesthesiology ,000 $180,(
Nationwide
58472 Texas Locum Anesthesia
Tenens Services,
Inc.
58457
Texas Sulphur Locum Anesthesia
$120,000
$130,(
Springs Tenens Safety First, P.A.
Anesthesia $200,001- $200,0
57976 TexasP alestine Full Time Providers of East $210,000 $210,(
Texas
57630 Texas Sherman Full Time Hillcrest $160,001- $160,0
Anesthesia $170,000 $170,(
55234 Texas Houston Locum Staff Care
Tenens
Nationwide
54413 Texas Full Time Anesthesia $110,001- $140,0
Services, $120,000 $150,(
Inc.
Nationwide
53307 Texas Full Time Anesthesia $110,001- $130,0
Services, $120,000 $140,(
Inc.
52316 Texas Locum Staff Care
Tenens
51227 Texas Locum Staff Care
Tenens
57878 Great
Texas Sulphur
Full Time Anesthesia
$230,000
$240,(
Autonomy Springs Safety First, P.A.
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Page 6 of 8
Park Plaza
57705 Texas Houston Full Time Anesthesiologists
Anesthesia
56982 Texas Laredo Full Time Health Care
Partners of
Laredo
Central Texas
52753 Texas Temple Full Time Veterans Health
Care System
Denton
51715 Texas Denton Full Time Anesthsia
Associates
22508 Texas Ft. Worth Full Time CCPN-
Anesthesia
Low-Stress
Moonlighting North Texas
58133 Position! Texas Fort Worth Part Time Anesthesia
Immediate Services
Need!
St. Luke's Houston: The Greater Houston
56373 Woodlands - Texas Woodlands PRN Anesthesiology,
Per Diem P.A.
Houston
55823 Texas Houston Full Time Metropolitan
Anesthesiologist
Gene Salvador
55400 Texas Jourdanton PRN MD
Methodist
Willowbrook Houston Greater Houston
53943
Willowbrook Texas (Willowbrook, Full Time Anesthesiology,
(NW Cypress) P.A.
Houston)
Memorial
Hermann - Houston (The Greater Houston
53883 The Texas Woodlands Full Time Anesthesiology,
Woodlands, and Conroe) P.A.
TX
Memorial Houston
Hermann -
(Sugar Land Greater Houston
53881 Sugarland Texas , Southwest Full Time Anesthesiology,
and SW
area)
P.A.
Houston
San Jacinto Greater Houston
53615 Methodist - Texas Houston Full Time Anesthesiology,
Baytown, TX (Baytown) P.A.
Memorial
Hermann - Houston (The Greater Houston
53613 The Texas Woodlands Full Time Anesthesiology,
Woodlands, and Conroe) P.A.
TX
Memorial
Hermann - Houston Greater Houston
$120,001- $160,0
$130,000 $170,(
$110,001 - $130,0
$120,000 $140,(
$110,001- $130,0
$120,000 $140,(
$110,001- $170,0
$120,000 $180,(
Less than I $150,(
$60,000
$130,000 $160,(
Less than $90,0(
$60,000 $100,(
$120,000 1 $160,(
$120,000 1 $160,(
$120,000 1 $160,(
$130,000 $160,(
$110,000 1 $150,(
http://www.gaswork.com/cgi-bin/ipbltsrch.exe?ForumlD=JOB4CRNA 12/29/2006
Page 7 of 8
Sugarland (Sugar Land, Anesthesiology,
53445 and SW Texas Southwest Full Time P.A. $110,000 $160,(
Houston area)
The
Methodist Houston Greater Houston
53258 Hospital - Texas (Medical Full Time Anesthesiology, $120,000 $160,(
TX Medical Center) P.A.
Center
.Health U502001 - $230,0
47915 Texas Full Time S ch, Inc. $1,60000 If
Locum 1?a1kI?
4G 133 Texas Tenens Sh, Inc.
Locum Health
43724 Texas Tenens SSh, Inc.
Global
58132 Stay warm in Texas Locum Anesthesia
Texas! Tenens Services
Global
56613 Texas Full Time Anesthesia
Services
King's Daughters $170,001- $220,0
56231 Texas Temple Full Time Clinic (multi- $180,000 $230,(
special group)
UT Southwestern $130,001- $150,0
43766 Texas Dallas Full Time University $140,000 $160,(
Hospitals
Global
43513 Texas Full Time Anesthesia
Services
31483 Texas Fort Worth Full Time Anesthesia
Associates
Allied
58326 PRN CRNA Texas Dallas PRN Anesthesia
$130,001-
$140,0
57926 Texas
I Houston Full Time UT Physician $140,000 $150,(
Search for: Job Looking for CRNA
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[D Alabama [l Alaska C Arizona IDArkansas ? California [] Colorado ] Cor
Delaware El District of Florida El Georgia El Hawaii Fj Idaho J Illin,
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HOME kNESTHESIOLOGISTd CRNAs GROUP ESTHES1 HELP 1ACCOUNT YOUR
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12/29/2006
Page 1 of 3
G a s W o r k c o m
HOME kNESTHESIOLOGISTS CRNAs NESTHESIA HELP YOUR
GROUP ACCOUNT
Job Looking for CRNA REFERENCE 00447.915
Posted by: Date Posted: Last Updated:
FRANK@HEALTHSEARCHRF.COM Fri, Apr 21, 2006 Tue, Dec 19, 2006
Inquire about this Listing
Contact Job Job Salary ? Facili
Inform
ation Income Other
Information Requirements Information
and Duties
Contact Information
Posted b agency? Agency
Agency Name Health Search, Inc.
Agency's internal Job ID Number for thi
position 161 fh
Name of contact erso
Contact's mailing address 43 York Road
Contact Ci Carlisle
Contact State Pennsylvania
Contact Zip 17013
Contact Count United States
Contact Voice Phone 800-650-1001
Contact Fa 717-245-2828
Contact Job Job Sala Facility
Infora
non Income Other
Information Requirements Information
and Duties Information
Job Information and Duties
Duration of Position Full Time
Start Date Thu, Jun 1, 2006
Number of CRNAs needed
Is this a Chief CRNA position? No
Will the CRNA be doing Chronic Pain
Management?
Never
Will CRNA be doing Cardiac anesthesia? Never
Will CRNA be doing Pediatric anesthesia? Never
Will CRNA be doing Trauma anesthesia? Never
Number of Full-time anesthesiologist
Number of Full-time CRNAs 7
Will CRNA have day off after call? Ways
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Page 2 of 3
Contact Job Job Salary & Facility
Information Income Other
Information Requirements Information
and Duties Information
Job Requirements
Subspecialty Fellowship Required? No
What state license is required? Texas
AANA Certified required? Yes
Contact Job Job I
m? Facility
Information nco Other
Information Requirements Informative
and Duties Information
Salary & Income Information
Estimated Minimum Annual Income
$150,001 - $160,000
W-2 Sala or 1099 Payment)
Estimated Maximum Annual Income
230,001 - $240,000
W-2 Sala or 1099 Payment)
Contact Job Job Salary & Facility
Information Income Other
Information Requirements Information
and Duties Information
Facility Information
Group Stat exas
Group Count United States
Contact Job Job Salary ? Facili
Information Other
Information _ Requirements Information
and Duties Information
Other
Southern Dallas Hospital looking for 2 CRNAs. Bread and butter,
Other comments about this job o no hearts, no heads. Must be able to handle OB as well. 150k to
geographical are start with potential to 230k. Looking for a long term commitment on
from both parties. Team player attitude is a must.
DISPLAY BULLETIN
Enter reference number: 47915
Go
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Page 3 of 3
HOME NESTHESIOL IST CRNAs [ANESTHESIA HELP YOUR
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•
GasWorkcom
YOUR
HOME NESTHESIOLOGISTS CRNAs GROUP NESTHESI HELP 1ACCOUNT
Job Looking for CRNA REFERENCE ID: 43724
Posted by: Date Posted: Last Updated:
FRANK -HEALTHSEARCHRF.COM Tue, Jan 10, 2006 Tue, Dec 19, 2006
Inquire about this Listing
Contact Job Job SaIaLry ? Facility
Infora
non Income Other
Information Requirements Information
and Duties
Contact Information
Posted b agency? Agency
Agency Name Health Search, Inc.
Agency's internal Job ID Number for this
position 156fh
Name of contact person EWOjreWak
Contact's mailing address 43 York Road
Contact Ci Carlisle
Contact State Pennsylvania
Contact Zip 17013
Contact Count United States
Contact Voice Phone 00-650-1001
Contact Fa 717-245-1818
Prima Contac Phone
Contact Job Job Salary & Facility
Information Income Other
Information Requirements Information
and Duties Information
Job Information and Duties
Duration of Position Locum Tenens
Start Date ue, Jan 10, 2006
Locum Tenens daily payment for 8 hour 801 - $900
Number of CRNAs needed 1
Is this a Chief CRNA osition? No
Contact Job Job Salary & Facili
Information Income Other
Information Requirements In
formation
and Duties Information
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12/29/2006
Page 2 of 2
Job Requirements
Contact Job
Information Job Incom? Facility
Other
Information Requirements Information
and Duties Information
Salary & Income Information
Mal ractice Paid? No
Contact Job Job Salary & Facility
Information Incom
e Other
Information
Requirements Information
and Duties Information
Facility Information
Group exas
Group Count United States
Contact Job
Information Job Salary &
Income Facili
Other
Information Reauirements Information
and Duties Information
Other
Other comments about this job o Immediate need for a CRNA in the DFW area. $100 per hour. Must
geographical area be able to work independently in a variety of settings such as OR
nd OB. Great opportunity that will o uickl !
DISPLAY BULLETIN
Enter reference number: 43724
Go
HOME N STHE IOLOGISTS CRNAs NGROUP' HELP
AC O1NT
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Page 1 of 2
I.
uak sWork com,
HOME NESTHESIOLOGISTS CRNAs ?NESTHES' HELP YOUR
GROUP ACCOUNT
Job Looking for CRNA REFERENCE ID: 4133
Posted by: Date Posted: . Last Updated:
FRANK -HEALTHSEARCHRF.COM Tue, Mar 14, 2006 Tue, Dec 19, 2006
Inquire about this Listing
Contact Job Job Sary n
? Facili
Infora
tion com Other
Information Requirements Information
and Duties Information
Contact Information
Posted b agency? Agency
Agency Nam Health Search, Inc.
Agency's internal Job ID Number for this
position 160 FH
Name of contact person Fes' testak
Contact's mailing address 43 York Road
Contact City Carlisle
Contact State Pennsylvania
Contact Zip 17013
Contact Count United States
Contact Voice Phone 00-650-1001
Contact Fa 17-245-2828
Prima Contac Phone
Contact Job Job Salary & Facili
Infora
tion
Income Other
Information Requirements Information
and Duties Information
Job Information and Duties
Duration of Position Locum Tenens
Start Date ue, Mar 14, 2006
Is this a Chief CRNA position? No
How often will CRNA be on call? ill NOT be on call
What percentage of the time will the
CRNA be Medically Directed by an
anesthesiologist?
10%
Contact Job Job Salary Facili
inform
ation Othe
Information and :Duties Requirements Information Information
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Page 2 of 2
Job Requirements
AANA Certified re uired? es
Contact Job Job ry
&
I ala Facili
Information o
m Other
Information Requirements Information
and Duties Information
Salary & Income Information
Contact Job Job Sala Facility
Information Income
Other
Information Requirements Information
and Duties Information
Facility Information
Group State Texas
Group Count United States
Is practice limited to one hospital o
involves several hospitals?. One Hospital
Contact Job Job Sala Facili
Information Income
Other
Information Requirements Information
and Duties Information
Other
Sporadic locums in the DFW area. $100 per hour, $25 per diem,
Other comments about this job o plus all applicable traveling expenses. Your choice of OR, OB or
geographical area EP shifts. Each shift is usually 12 hours some are 10 and 8. Please
call for further details.
DISPLAY BULLETIN
Enter reference number: 46133
Go
HOME kNESTHESIOLOGIS'U CRNAs NESTHE I HELP YOUR
GROUP 1ACCOUNT
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¦t .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for
Leave of Court to File Amended Complaint has been mailed by U.S. Mail to counsel
of record via first class mail, postage pre-paid, this 6?- day of
bo j C.'" , 2007.
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
R.
By. //1 j
- e?? J/D A
Kevin D. Rauch, Esquire
Counsel for Plaintiff
t'1 ", a
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FRANK HRESTAK, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-5746 CIVIL
HEALTH SEARCH, INC.,
Defendant CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 3d day of December, 2007, upon consideration of the Plaintiff's
Motion to File an Amended Complaint,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the Defendant to show cause why the Plaintiff is not
entitled to the relief requested;
2. The Defendant will file an answer to this petition on or before
December 21, 2007;
3. A copy of said answer will be filed with this Court;
4. If no answer to the Rule to Show cause is filed by the required date, the relief
request by Defendant shall be granted.
By the Court,
Kevin D. Rauch, Esquire
Attorney for Plaintiff
William A. Duncan, Esquire
Attorney for Defendant
bas
M. L. Ebert, Jr., ?.
/a/v?aq
3-'140
T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
NO. 06-5746 Civil Term
V.
AMENDED COMPLAINT
HEALTH SEARCH, INC.
Defendant. (Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
V.
NO. 06-5746 Civil Term
HEALTH SEARCH, INC., (Jury Trial Demanded)
Defendant.
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 claim 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 S. Bedford Street
Carlisle, PA 17013
Telephone Number: 717-249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las pagina siguientes, usted tiene viente (20) dias do plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses
o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted
no se defiende, la corte tomara medidas y puded entar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes
para usted.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
CIVIL DIVISION
v.
HEALTH SEARCH, INC.,
Defendant.
NO.
(Jury Trial Demanded)
AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through his counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, and Kevin D. Rauch, Esquire, and files
the within Amended Complaint, and in support thereof avers the following:
1. Plaintiff, Frank Hrestak, Jr. is an adult individual residing at 2857 Oakwood
Drive, Harrisburg, Pennsylvania 17112.
2. Defendant, Health Search, Inc. is a Pennsylvania corporation with its
principle place of business located at 243 York Road, Carlisle, Cumberland County,
Pennsylvania.
3. On August 27, 2004, the Plaintiff entered into a written Employment
Agreement with Health Search, Inc. (hereinafter referred to as "contract"). This contract
was signed by the Plaintiff and Rodney Yentzer, II, Health Search Inc.'s Vice President.
(A true and correct copy of the Contract is attached hereto as Exhibit "A").
4. Pursuant to the terms of this contract, the Plaintiff was an employee of the
Defendant.
5. Under the terms of the contract, the Plaintiff was entitled to compensation
at the rate of thirty-percent (30%) of his commissions based on receipt for services
invoiced under his name.
N
6. On July 10, 2006, the Plaintiff provided Rodney Yentzer with a notice of
resignation effective July 24, 2006. (A true and correct copy of Plaintiffs notice of
resignation is attached hereto as Exhibit "B")
7. As of July 10, 2006, the Plaintiff had $23,820 in receipts for services under
his name with Health Search, Inc.
8. As of July 10, 2006, the Plaintiff was contractually owed commissions
totaling $7,146 based on 30% of his receipts for services.
COUNT I - BREACH OF CONTRACT
9. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 8 as if fully set forth at length herein.
10. Under the contract, the Plaintiff received consideration in the form of
salary and commissions.
11. Health Search, Inc. received consideration from the Plaintiff in the form of
his labor.
12. Because the Plaintiff resigned, and was not terminated, he is entitled to
the commissions set forth in the contract for receipts for services invoiced under his
name.
13. To date, Defendant failed to fully reimburse the Plaintiff pursuant to the
contract.
14. Because Defendant has not paid the Plaintiff his commissions owed under
the contract, the Defendant has breached the contract.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant, with costs and prejudice
imposed.
COUNT II - UNJUST ENRICHMENT
15. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 14 as if fully set forth at length herein.
16. In the alternative, should this Honorable Court determine that no valid
contract existed between the parties, the Defendant was unjustly enriched through the
services of the Plaintiff.
17. As of July 10, 2006, the Plaintiff generated receipts for the Defendant
totaling $23,820.
18. The Plaintiff was not reimbursed for services rendered to the Defendant.
19. In failing to compensate the Plaintiff, the Defendant is unjustly enriched.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant, with costs and prejudice
imposed.
COUNT III - INVASION OF PRIVACY, APPROPRIATION OF NAME OR LIKENESS
20. The Plaintiff reiterates and repeats all of his averments in paragraphs 1
through 19 as if fully set forth at length herein.
21. On August 27, 2004, the Plaintiff entered into a written employment
agreement with Health Search, Inc.
22. As part of his employment, the Plaintiff permitted Health Search, Inc. to
use the Plaintiffs name and/or likeness on websites such as Health Searchrf.net and
GasWorks.com.
23. On July 10, 2006, the Plaintiff provided Rodney Yentzer, II, Health Search
Inc.'s Vice President with a notice of resignation effective July 24, 2006.
24. After the effective date of the Plaintiffs resignation, the Defendant
continued to appropriate the Plaintiffs name and/or likeness on Health Search's website
and other recruiting websites such as GasWork.com, by listing the Plaintiff as a main
contact. (A true and correct copy of the Health Search and GasWorks.com's websites
as of December 29, 2006, are attached hereto as Exhibit "C").
25. The Defendant continued to appropriate the Plaintiffs name and/or
likeness after two letters dated September 1, 2006 and December 29, 2006,
respectively, requested the Defendant to cease and desist.
26. The Defendant appropriated the Plaintiffs name and/or likeness without
permission for its own pecuniary gain.
27. As a result of the Defendant's continued use of the Plaintiffs name and/or
likeness, the Plaintiff suffered injuries due to this invasion of privacy.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter judgment in his favor and against the Defendant, with costs and prejudice
imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
? f- ,, ?' k
b t g BY: C
Date:
Kevin D. Rauch, Esquire
Counsel for Plaintiff
4
l ?
EMPLOYMNT AGREEMENT
THIS AGREEMENT made and entered into as of this day of August 27, 2004 by and between HEALTH
SEARCH, INC., a corporation with its principal offices located at 243 'Y'ork Road, Carlisle, Cumberland
County, Penmylvania, 17013, (hereinafter "EMPLOYER" or "the Company") and Frank Hrestak JR, an
individual residing
At 2857 Oakwood Drive .Harrisburg, PA 17112, (hereinafter `EMPLOYEE" ).
WITNESSETH:
WHEREAS, Employer is a corporation engaged in the business of providing management and personnel
services for the medical field; and
WHEREAS, Frank Hrestak JR is employed by Health Search, Inc., as a Recruiter,
a position of great importance to the Company; and
WHEREAS, the Company and the Employee wish to modify the terms of their employment relationship to 71
a(__approprialely recognize certain rights, obligations and compensation to the Employee: and
WHEREAS, the Employee acknowledges the significant importance of this position to the Company. The
Company and the Employee acknowledge that the Employee will develop extremely valuable relationships by
virtue of employment with the Company and that the Employee will have access to extremely valuable
confidential and proprietary information and trade secrets belonging to the Company; and
AGREEMENT `
NOW, THEREFORE, in consideration' of the promises and covenants set forth herein, and intending to be
legally bound hereby, the parties agree as follows:
1. TERM
Employment shall begin as of the date of this Agreement and continue for a period of one year. Upon expiration
of the initial one year term, the Agreement will automatically renew for additional successive one year terms,
unless written notice of non renewal is provided by either party at least, 14 days in advance of the expiration of
the then current contract tent. Upon termination or_non.renewal-of-this Agreement,-the-partiesAvill be-relieve
of their duties and obligations, except that the rights and obligations set forth in Paragraphs 5 though 7 below
shall remain in full force and effect and shall suM-ve-th.e expiration of ter Ination of this Agreement, regarcile?s 41
of the reason(s) for termination.
2b. , . POS ON AND DUTIES
Company hereby employs the employee as its Recruiter and Frank Hrestak JR `
the Enplbyee agrees to serve in such capacity for the Company on the terms and conditions hereafter set forth..
The Employee shall perform such other duties and have such other authority as may be delegated to the
Employee firora time to time by the C may at any time relieve the Employee of any
,7 M. •r-
power or duty previously assigned to the Employee. The Employee shall report to the Company with respect to
the performance of these duties,
In the perrfonnance of these duties, the Employee shall devote its knowledge, skill, attention, energies and all of
its business time, and shall comply with all of the Company's policies, rules and regulations from time to time
adapted, and all specific directions of the Company.
The Employee shall not engage in any endeavor which would conflict with the rendition of its services to the
Company, either directly or indirectly, without the prior written consent of the Company. The Employee shall
not be prevented from investing its assets in such form or manner as shall not require any services on its part in
the operation of the affairs of any firm, corporation, association or other entity, but shall not ingest in any other
fwn, corporation or other entity which competes with the Company.
3. COMPENSATION
The Company shall pay the Employee for its services the vase salary and other Compensation described in this
paragraph as follows:
a. Base Salary. The Employee shall be paid a minimum annual base salary of $ 15,000.00in bi weekly
installments subject to the customary payroll deductions.
b. Compensation/ Commission. The Company and Employee agree that the rate of compensation is
(30% ) commission based on receipts for services invoiced under Employee name. Fifteen ( 15 % ) percent for
job order: fifteen ( 15% ) percent forpotentail prospect for a possible total of thirty ( 30°l0 ) per billing
It is further understood that, in the event of termination of employment within one (1) year from the date hereof,
no commissions shall be payable to Employee other than the commissions already paid. in the event of
termination after one (1) year from the date hereof, Employee shall receive One--half of the unpaid commissions
earned , after they have been collected by the Company and the permanency of the placement has been
established. In the event the employee does not give a two week notice the employee gives up their right to any
compinsation at that point. No commission or salery will be paid to the employee.
c. Benefits. The Employee shall be entitled to participate in all benefit plans, programs, and
arrangements as may be authorized and adopted from time to time by the Company. Nothing herein shall
prevent the Company from discontinuing or modifying any existing benefit plan.
d. Expenses. The Employee shall be reimbursed by the Company for all reasonable and necessary
otpenses incurred by the Employee in performing his obligations under this Agreement upon presentation of
itmized accounts of such expenses supported by proper documentation.
4. -TERMINATION
'z? t •
'?.. " Jr
_ • .. .:.Sri • •1
_& The Company may twi ornate this Agreement for cause upon at least thirty (30) days written.notice?tci
the Employee, which cause shall be determined in good faith within the sole discretion of the Company,
"Cause for termination may include, but shall not be limited to the following conduct of the employee:
aa. Material breach of any provis on of this Agr'ement or any other agreements with the CompanyK.
,'° '
bb. Misconduct as an employee of the Company. Examples of misconduct include, but are not limited to:
(1) The willful failure by the Employee to substantially perform its duties hereunder;
(2) 'T'he gross negligence, incompetence, willful misconduct or disloyalty of the
.Employee in the performance of its duties;
(3) The commission of any criminal, fraudulent or dishonest conduct.
pertaining to the business or affairs of the Company;
(4) Commission of any act or omission the intended or the likely consequence
of which is material injury to the Company's business, property or
reputation; or
(5) Conviction, or arrest, based upon substantial evidence, of a criminal offense
involving moral turpitude;.
(6) Unreasonable neglect of the duties assigned to the Employee under or
pursuant to this Agreement; .
b. This. Agreement shall be terminated upon the death of the Employee or the inability of the Employee
to perform its duties by reason of sickness or accident for a period in excess of (6) months (as determined in the
sole discretion and within the reasonable judgment of the Company based upon the opinion of a medical
professional).
5. CONFIDENTIE.AL INFORMATION
The Employee recognizes that it occupies a position of trust and confidence with respect to the affairs of the
-Company. By virtue of its employment, the Employee will have access to highly valuable intellectual property
belonging to the company including, but not limited to, marketing information (including price lists, customer
information, quotations and purchasing methods), operating procedures and business strategies. The Employee
acknowledges and agrees that such intellectual property and information is "Confidential Information" and
constitutes trade secrets belonging to the Company. The Employee also recognizes that in the course of its
employment it will have access to other important information regarding the Company and its affairs that it
would not be privileged to know but for its association with the Company.
The Employee acknowledges that all of the above information shall be the sole property of the Company. The
Employee agrees that it will not ever, at any time, disclose any Confidential Information to any person for any
reason or purpose whatsoever or make use of any Confidential Information for his own purposes or for the
benefit of any person or other company, without the express prior written consent of the Company and except as
maybe reasonably necessary in the proper performance of the Employee's duties on behalf of the Company
under this Agreement. The Employee will return any and all materials containing Confidential Information to
the Company immediately upon termination of the Employee's employment.
ver the Employer agrees that it shall immediately return to the Company any and
ali.information regarding the Company and its affairs within its possession upon termination of emplgy t;
including, but not limited to, all correspondence, manuals, letters, notes, notebooks, reports and any other
docctiments or tangible items constituting information belonging to the Company or any information regarding
?f
1 1.
a. Non Competition. The Employee shall not, directly or indirectly, either during its employment with
the Company or for a period of twenty four (24) months following-the terminatiomof the Employee's
employment for any reason, render any services to, become employed by, or act in any capacity with any
individual, business, corporation, partnership or other business entity which competes either dirreotly or
indirectly with the Company.
b: Non-Solicitation of Customers. The Employee shall not contact, entice, solicit or accept business
from, either directly or indirectly, any client or customer of the Company or otherwise divert any
business away from the Company either during its employment with the Company or for a period of
twenty four (24) months following the termination of the Employee's employment with the Company foi
any reason.
c. Non-Solicitation of Employees. The Employee shall not contact, entice, solicit or have any
communication with any other employees of the Company in an attempt to influence or persuade any
other employees of the Company to leave their employment with.the Company and/or accept
employment with any other person or company either during its employment with the Company or for a
period of twenty four (24) months following the termination' of the Employee's employment with the
Company for any reason.
d_ Enforcement and remedies. The Employee expressly acknowledges and agrees that the restrictive
covenants set forth in subparagraphs (a) through (c) above are absolutely necessary to protect the
legitimate business interests of the Company and that enforcement of these covenants will not prevent it
from earning a livelihood. The Employee further agrees and acknowledges that these restrictive
covenants are reasonable and are intended by the parties to be enforceable following termination of
employment for any reason, even if the Employee is terminated for cause or poor performance,
The Employee further acknowledges and agrees that any breach of the restrictions set forth in subparagraphs (a)
through (c) above will result in irreparable injury to the Company for which it shall have no adequate remedy at
law. The Employee agrees that in the event of its breach of any one or more of the restrictive covenants set forth
in subparagraphs (a) through (c) above, the Company, in addition to any other remedies and damages available
at law, shall be entitled to equitable remedies, including temporary and permanent injunctive relief to enforce.
-the provisions thereof.-In-the.-event-that_any-of-theserestrictions-shalLbe &t=nihrAhymy co9f_0n?pete tt
jurisdiction to be unenforceable in part based upon a determination that they are not reasonably limited in
geographic scope or time, the provisions shall remain in full force and effect as to that period of time or
googmphic area determined to be reasonable by the court. In the event that the Company seeks injunctive relief
in order to enforce any one or more of the restrictive covenants set forth in subparagraphs (a) through (c) above,
upon finding such a breach, the restrictions are intended to be enforced for the full twenty four (24) month
period from the date that the court issues such injunction.
; ' DISIPUTF, RESOLUTION
:?,? '(? r?+ !'tom
.tr
U
any of the Company's customers or potential customers, whether maintained at-its office or elsewhere.
Employee will- also return to the Company any other Company property within its possession upon termination
of his employment.
d, RESTIICTIVE COVENANTS
Any controversy or claim arising out of or related to the Employee's employment with the Company,
including but not limited to any claims arising out of or related to this Agreement or any claimed breach thereof,
or any claims by the Employee to the effect that the Company violated any state or federal law with respect to
the terms and conditions of the Employee's employment, including but not limited to any claims under the Age
Discrimination in Employment Act, the Americans With Disabilities Act, the Family and Medical Ledge Act,
the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the Pennsylvania
Haman Relations Act or any other federal or state fair employment practices law, breach of contract, defamation
or any'other federal or state statute or common law doctrine whatsoever, shall first be submitted pursuant to the
Company's internal dispute resolution procedures.
In the event that the Company's internal dispute resolution procedures do not adequately resolve the dispute, all
such claims and issues shall be submitted to binding arbitration before the American Arbitration Association in
the City of Harrisburg, Pennsylvania, pursuant to the National Rules for the Resolution of Employment Disputes
then in effect. Any such arbitration award entered shall be final and binding upon the parties hereto, and
judgment upon the award may be entered in any court having jurisdiction thereof. The arbitrator shall have no
authority to modify any provision of this Agreement when rendering the award. .
If the Employee prevails on any material issue which is the subject of such arbitration, the Company shall be
responsible for all fees of the American Arbitration Association and the arbitrator and any expenses relating to
the conduct of the arbitration (excluding attorneys fees). Otherwise, each party shall be responsible for its own
expenses relating to the conduct of the arbitration and shall share the fees of the American Arbitration
Association.
J
While all. other disputes that may arise between the parties concerning the Employee's employment with the
Company or the term of this Agreement must be resolved according to the dispute resolution procedures
outlined above, the Company shall be entitled to file a lawsuit in any court of competent jurisdiction in order to
remedy any breach of or seek enforcement of the provisions set forth in Paragraphs 6 and 7 above. The arbitrator
shall have no jurisdiction over enforcement of these provisions.
g. GOVERNING LAW
The terms of this Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of P'e =ylvania.
9. NON-WAIVER :k.`.
A waiver of any provision of this Agreement by either party shall not prevent either party from enforcing thatx'
provision ar any other provision hereof.
10. .ASSI+GINNEN`I'
I-®rAgreem=t is personal and may not be assigned by the Employee. This Agreement shall inure to thy' bpi
of and be binding upon any successor to the Company.
F,ac i?pt+avi$ion of this Agreement is severable and distinct from, and independent of, every other pzovisioi
hereof. If one provision hereof is declared void, the remaining provisions shall remain in effect.
07-15-`05 10:?8 J?RUM-Vept,ot Mate cress e 1? -rrc-?1r? -77
c
12. ENTIRE AGREEMENT
This instrument contains the entire agreement of the parties concerning the employment relationWp and
supersedes any prior understandings between the parties concerning the terms and conditions of the Employea's
employment, whether oral or written. The parties acknowledge, in entering into this Agreement, that they have
not relied upon any promise or inducement not specifically set forth herein. Any changes to this Agreement
must be in writing and signed by both parties.
13. NOTICE
Any notices required to be given by this Agreement shall be made in writing and delivered by certified mail,
return receipt requested, with adequate postage prepaid. If the notice is to be given to the Employee, the notice
shall be mailed to the Employee's address as set forth above or to any later given address that the Employee has
provided in writing to the Company for such purpose. If the notice is to be given to the Company, the notice
shall be mailed to its principal ofce addressed. Any notice given in the manner required above shall be deemed
given when so mailed.
IN WTFN +'SS WHEREOF, and wishing to be legally bound, the parties have executed.this Agreement as of
the date first above written.
W rINESS:
e#3n L L-
HEALTH SEARCH, NC.:
• h:.r
t ? 1tiY••!rli
11
.
July 10, 2006
Rodney L. Yentzer, President
Health Search, Inc.
243 York Road
Carlisle, PA 17013
Dear Mr. Yentzer:
Please allow this letter to serve as my notice of resignation from Health Search,
Inc., effective July 24, 2006..
Certified Mail No. 7004 0750 0002 7286 6888
Health Search
HEALTH SEARCH, INC. is a National Recruiting Firm specializing in Health Care Professional
With over 25 years of combined recruiting experience, we offer our candidates and clients our expertisf
and honest work ethic which is unmatched in our industry. By choosing our company, you will receive
not only hard-working recruiters, but highly motivated professionals who have your best interests in
mind.
Page 1 of 1
` H. EARC
_.,riEALT
Abouf Us Team Profile Hot Jobs Contact Us
If you need permanent or locum tenen coverage, Health Search is the company to call. Because w,
are a smaller company, you will always receive the personalized attention you deserve as a valued clier.
All Health Search recruiters have cell phones and e-mail devices to keep you in touch with them 24/7.
Our job doesn't end upon the introduction of a candidate. We are with you every step of the way.
Setting up phone and on-site interviews, making travel and lodging arrangements, providing the
candidates with billing sheets, directions, itinerary, -and information about the area are all part of our
responsibilities as recruiters. Regardless of the type of coverage we are providing for you, we work wit
the medical staff office and anesthesia group to get our candidates credentialed.
Our agreements are strictly contingent. If we do not produce results, you owe us nothing. Our fee;
are only payable after the candidate has provided services to the facility.
.0-
http://www.healthsearebrf.net/aboutus. shtml
12/29/2006
Health Search
Nan cy Yentzer
President and voice of reason.
Page 1 of 1
HEAL 5004E.ARCH
About Us Team Profile Hot Jobs Contact Us
Rod Yentzer
Vice President and Office Manager - With over six years of recruiting experience In three different fielt
Rodney handles the day to day administrative activities of Health Search.
Keith Swartz
Anesthesia Recruiter - With over five years recruiting experience, Keith has been with the company sin
2001. He is energetic, hard-working, and honest. You will f i n d working with Keith a real pleasure.
Isabella Guarnera
Anesthesia Recruiter, specializing in Permanent and Locum Placement of CRNAs And MDAs in PA,
VA, OH, and NY. Isabella is a Pennsylvania native and brings A wealth of knowledge regarding sales
and customer relations. She is "jazzy" and vibrant, to say the least, and she is all about customer servic(
"Bella", as she is referred to, is devoted to providing all candidates with the highest level of personalize
service and attention; no matter what the assignment. If you have a need, Bella will make herself
available all hours of the day or night and will always do her best to respond with a quickness.
Frank Hrestak
Anesthesia Recruiter - brings over 7 years healthcare experience, working at the executive level. His
experience ranges from managed care to healthcare recruiting as well entrepreneurial experience with tl
start up and sale of a small medical supplies company. While at Amisys-Synertech, a medical claims
processing company, Frank was head of business development where he evaluated and brought to
fruition business alliances for Amisys-Synertech. In addition, he made recommendations to board
members on potential merger and acquisition opportunities. As a recruiter, Frank has used his prior
experience in business development and relationship management to develop lasting relationships. He i
a 1996 graduate of the University of Pittsburgh and a 2005 MBA graduate from the Pennsylvania State
University.
http://www.healthsearchrf.net/teamprofile.shtml
12/29/2006
,
. Health Search
Page 1 of 1
HEAL'"t-fi. SEARCH
About Us Team P ro1tle Hot Jobs Contact Us
Team Member
Rod Yentzer
Keith Swartz
Isabella Guarnera
Frank Hrestak
Marcus
E-Mail
rod@,healthsearchr£com
keith l ealthsearchr£com
isabell &ealthsearchrf.com
frank@h ealthsearchrf.com
marcus @,healthsearchrf.com
Phone
800.650.1001
800.650.1001
800.650.1001
800.650.1001
800.650.1001
Fax
717.245.2828
866.497.6389
866.615.1186
866.332.2194
866.240.2561
http://www.healthsearchrf.net/contactas.shtml
12/29/2006
Page 1 of 8
Gas41w "4w
caarkc0
HOME NESTHESIOLOGISTS CRNAs NESTHESIA HELP YOUR
GROUP ACCOUNT
Search Results
Job Looking for CRNA
%staff cambM
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The search returned 102 matches to your query.
Displaying results 1 through 102.
Click on the reference number to the left of a listing to view its full details.
If a column heading shows as a hyperlink, you can click on it to sort by that column.
NOTICE: Some or all of the information in these bulletins may be inaccurate. The end user is
responsible for verifying the accuracy of any information contained in these bulletins.
DURATION NAM
REF #
TAGLINE GROUP GROUP
OF
ANESTHESIA AGENCY MINIMUM AN?X0
STATE CITY NAME INCOME INCO:
POSITION GROUP
(NAS)
Connect
with the
T North East Locum National
58678 exas TX Tenens Anesthesia
best! Services,
Inc.
(NAS)
56581
Texas
Western Locum National
Anesthesia
Tenens Services,
Inc.
Easter
54830
SE of Austin
Texas
Full Time
Anesthesia
Staffing,
Inc.
52284
Texas Location-
Full Time American $140,001 - $170,0
DFW Area Healthcare $150,000 $180,(
(NAS)
52045
Texas
Dallas Area Locum National
Anesthesia
Tenens Services,
Inc.
51915 Central
T
Texas
Full Time Easter
exas; Anesthesia
approx. 1 hr Staffing,
http://www.gaswork.com/egi-bin/ipbltsrch.exe?ForumID=JOB4CRNA 12/29/2006
Page 2 of 8
from Austin Inc,
4936 Texas 90 mins from Full Time American $150,001- $180,0
Dallas Healthcare $160,000 $190,(
58664 Autonomy,
Money, Big
Texas
Houston
Full Time Clinical Partners
$210,000
$240
(
City... PA ,
United
58558 Texas Locum Anesthesia
Tenens Associates,
Inc
(NAS)
Long-term
Locum National
58296 opportunity-- Texas Northeastern Anesthesia
no call! Tenens Services,
Inc.
Five
Hundred-Bed
58122 Texas Texas Tyler Full Time The Trinity Cejka
Hospital Clinic Search
Seeking New
CRNAs
(NAS)
Locum National
57649 TexasS uth ern Tenens Anesthesia
Services,
Inc.
(NAS)
National
57590 Texas Central Full Time Anesthesia
Services,
Inc.
(NAS)
57557
Texas Greater Dallas
Full Time National
Anesthesia
Area Services,
Inc
GREAT (NAS)
„part-time„ National
57309 Full- time TexasN rthern Full Time Anesthesia
position! Services,
Inc.
57045 Texas Dallas Full Time Texas Anesthesia $110,001- $160,0
Group $120,000 $170,(
56930 Texas SE Full Time Rhino
Healthcare
United
55088 Texas Locum Anesthesia
Tenens Associates,
Inc
54787
Texas
Columbus
Full Time Huffman
Anesthesia $ 230,0
,
PLLC
$240,(
Rhino
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Page 3 of 8
53552 Texas Full Time Healthcare
Rhino
53378 Texas Full Time Healthcare
Associates,
LLC
52030 xas Dallas Full Time Methodist Dallas
P Medical Center
47559 ,--
as
Austin
Full Time Capitol
Anesthesiology $120,001 - $230,0
Assoc $130,000 $240,(
44866 Texas Temple Full Time Scott & White $120,001- $140,0
Hospital $130,000 $150,(
58275 DFW area Texas Locum Regional
Tenens Consulting
Excellent Easter
58206 Position in Texas Locum Anesthesia
Central Tenens Staffing,
Texas Inc.
No Call, 8 10
58139 or 12 Hour
Shift
i Texas Northeast Full Time CompHealth $120,000 $150,(
n NE
s
Texas
Saber-
57564 Texas Full Time Salisbury
Group
57293 No Call
Position in
Texas Dallas/Ft
Full Time NorthStar
$120
000
$180
(
Dallas! Worth Anesthesia, PA , ,
55257 Texas East Full Time All Star
Recruiting
CRNA group
(PA) as part General
58181 owner Texas Vernon Full Time Anesthesia $130,000 $140,(
covering Services, PA
Rural Hosp
58068 Texas Full Time United $170,001- $220,0
Anesthesia $180,000 $230,(
58067 Texas South Full Time All Star
Recruiting
58066 Texas South Full Time All Star
Recruiting
57921 Texas Suburb Of Full Time All Star
Houston Recruiting
56920 Texas Right Outside Full Time All Star
of Houston Recruiting
55769
Texas
Abilene
Full Time Hendrick
Anesthesia $120,001- $150,0
Network $130,000 $160,(
54240 Texas Near Coast Full Time United $120,001 - $140,0
Anesthesia $130,000 $150,(
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Page 4 of 8
St. Luke's Houston
Woodlands - (Medical Greater Houston
53944 The Texas Center and Full Time Anesthesiology, $120,000 $160,(
Woodlands, The P.A.
TX Woodlands)
SouthEast Texas $170,001- $200,0
53447 Texas La Grange Full Time Freelance $180,000 $210,(
Anesthesia, PC
53159 Texas Outside Of
Houston Full Time All Star
Recruiting
Southwest $100,001- $150,0
53032 Texas Dallas Full Time Anesthesiology $110,000 $160,(
Associates, LLP
All Star
52446 Texas West Full Time Recruiting
51027 Texas Houston Locum
Tenens A and J
Anesthesia
SQ168
Texas Fort Worth
Area
Full Time All Star
Recruiting
50167 Texas ForWorth
Area Full Time All Star
Recruiting
All Star
50166 Texas Full Time Recruiting
Dept. of
Anesthesiology, $100,0
46627 Texas Galveston Full Time Univ. of Texas $110,(
Medical Br...
United $110,001- $140,0
34292 Texas Northeast Full Time Anesthesia $120,000 $150,(
Baylor College $110,001- $120,0
31545 Texas Houston Full Time of Medicine $120,000 $130,(
Pans Regional $130,001- $160,0
20213 Texas Paris Full Time Medical Center $140,000 $170,(
United $110,001- $120,0
19662 Texas Full Time Anesthesia $120,000 $130,(
CRNA
opportunity
58592 near
Dallas/Ft. Texas Mineral Wells Full Time Palo Pinto
General Hospital $190,000 $210,(
Worth
Metroplex
Central TX
58446 Locum job,
spend winter
Texas
Central Locum
Tenens Odyssey
Staffing
in TX!
Anesthesia $130,001- $140,0
53752 Texas Beaumont Full Time Associates $140,000 $150,(
The Methodist
53739 Texas Houston Full Time Hospital
Physician $150,000 $180,(
Organization
http://www.gaswork.com/cgi-bin/ipbltsrch.exe?ForumID=JOB4CRNA 12/29/2006
Page 5 of 8
51154
Texas
Fort Worth
Full Time Sheridan
Healthcare of $120,001 - $160,0
North Texas $130,000 $170,(
46756
TexasA
marillo
Full Time Amarillo
Anesthesia $130,001- $150,0
Consultants, PA $140,000 $160,(
45469
Texas
San Antonio
Full Time Department of
Anesthesiology, $110,001- $130,0
UTHSCSA $120,000 $140,(
58302 40 mins.
from Wichita
Texas 40 mins. from
Full Time American
000
$150
$170
(
Falls, TX Wichita Falls HealthCare , ,
58032 Texas Near Dallas Full Time American $180,001- $230,0
Healthcare $190,000 $240,(
57998 Texas Full Time American $240,001- $300,0
Healthcare $250,000 $310,(
39967 Texas Full Time American $170,001- $180,0
Healthcare $180,000 $190,(
Part-time
58117 staff CRNA
Texas
Tyler
Part Time East Texas
Anesthesia $60,001 - $80 0(
16
Associates $70,000 $90,0
hours/week
55410 Texas Austin Full Time South Austin $140,001- $170,0
Anesthesiology $150,000 $180,(
Nationwide
58472 Texas Locum Anesthesia
Tenens Services,
Inc.
58457
Texas Sulphur Locum Anesthesia
$120
000
$130
(
Springs Tenens Safety First, P.A. , ,
57976
TexasP
alestine
Full Time Anesthesia
Providers of East $200,001- $200,0
Texas $210,000 $210,(
57630 Texas Sherman Full Time Hillcrest $160,001- $160,0
Anesthesia $170,000 $170,(
55234 Texas Houston Locum
Tenens Staff Care
Nationwide
54413 Texas Full Time Anesthesia $110,001- $140,0
Services, $120,000 $150,(
Inc.
Nationwide
53307 Texas Full Time Anesthesia $110,001- $130,0
Services, $120,000 $140,(
Inc.
52316 Texas Locum Staff Care
Tenens
51227 Texas Locum Staff Care
Tenens
57878 Great
Texas Sulphur
Full Time Anesthesia
$230
000
$240
(
Autonomy Springs Safety First, P.A. , ,
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Page 6 of 8
Park Plaza
57705 Texas Houston Full Time Anesthesiologists
Anesthesia
56982 Texas Laredo Full Time Health Care
Partners of
Laredo
Central Texas
52753 Texas Temple Full Time Veterans Health
Care System
Denton
51715 Texas Denton Full Time Anesthsia
Associates
22508 Texas Ft. Worth Full Time CCPN-
Anesthesia
Low-Stress
Moonlighting North Texas
58133 Position! Texas Fort Worth Part Time Anesthesia
Immediate Services
Need!
St. Luke's Houston: The Greater Houston
56373 Woodlands - Texas Woodlands PRN Anesthesiology,
Per Diem P.A.
Houston
55823 Texas Houston Full Time Metropolitan
Anesthesiologist
55400 Texas Jourdanton PRN Gene Salvador
MD
Methodist
Willowbrook Houston Greater Houston
53943 Willowbrook Texas (Willowbrook, Full Time Anesthesiology,
(NW Cypress) P.A.
Houston)
Memorial
Hermann - Houston (The Greater Houston
53883 The Texas Woodlands Full Time Anesthesiology,
Woodlands, and Conroe) P.A.
TX
Memorial Houston
Hermann -
(Sugar Land, Greater Houston
53881 Sugarland Texas Southwest Full Time Anesthesiology,
and SW
area)
P.A.
Houston
San Jacinto Houston Greater Houston
53615 Methodist - Texas (Baytown) Full Time Anesthesiology,
Baytown, TX P.A.
Memorial
Hermann - Houston (The Greater Houston
53613 The Texas Woodlands Full Time Anesthesiology,
Woodlands, and Conroe) P.A.
TX
Memorial
Hermann - Houston Greater Houston
$120,001 - $160,0
$130,000 $170,(
$110,001 - $130,0
$120,000 $140,(
$110,001- $130,0
$120,000 $140,(
$110,001- $170,0
$120,000 $180,(
Less than I $150,(
$60,000
$130,000 $160,(
Less than $90,0(
$60,000 $100,(
$120,000 $160,(
$120,000 $160,(
$120,000 $160,(
$130,000 1 $160,(
$110,000 $150,(
http://vrww.gaswork.com/cgi-bhVipbltsrch.exe?ForumID=JOB4CRNA 12/29/2006
Page 7 of 8
Sugarland (Sugar Land, Anesthesiology,
53445 and SW Texas Southwest Full Time P.A. $110,000 $160,(
Houston area)
The
Methodist Houston Greater Houston
53258 Hospital - Texas (Medical Full Time Anesthesiology, $120,000 $160,(
TX Medical Center) P.A.
Center
441-915 ? exas Full Time balt`" $150;001 - $230,0
q ar canc. $160,000 -$240;(
446133 texas Locum' HeaIth
aTenens Searck,4ne.
43.724.
'?T^`exas
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Locum
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58132 Stay warm in Texas Locum Global
Anesthesia
Texas! Tenens Services
Global
56613 Texas Full Time Anesthesia
Services
King's Daughters $170
001- $220
0
56231 Texas Temple Full Time Clinic (multi- ,
000
$180 ,
$230
(
special group) , ,
UT Southwestern $130
001- $150
0
43766 Texas Dallas Full Time University ,
$140
000 ,
$160
(
Hospitals , ,
Global
43513 Texas Full Time Anesthesia
Services
31483 Texas Fort Worth Full Time Anesthesia
Associates
58326 PRN CRNA Texas Dallas PRN Allied
Anesthesia
57926 Texas Houston Full Time UT Physician $140$130 , 01 -
,000 $140,0
$150,(
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HOME NESTHESIOLOGISTS CRNAs NESTHESIA HELP YOUR
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Job Looking for CRNA REFERENCE ID:?47915
Posted by: Date Posted: Last Updated:
FRANK )-HEALTHSEARCHRF.COM Fri, Apr 21, 2006 Tue, Dec 19, 2006
Inquire about this Listing
Contact Job
Information Job Salary &
Income Facilii
L
Information Requirements Information
and Duties Information
Contact Information
Posted b agency? Agency
Agency Nam Health Search, Inc.
Agency's internal Job ID Number for this
position 161 fh
Name of contact person lkaak-AwMak
Contact's mailing address 43 York Road
Contact City Carlisle
Contact State Pennsylvania
Contact Zi 17013
Contact Count United States
Contact Voice Phone 00-650-1001
Contact F 717-245-2828
Contact Job
Information Job Salary &
Income Fac'li
Other
Information Requirements Information
and Duties Information
Job Information and Duties
Duration of Position Full Time
Start Date Thu, Jun 1, 2006
Number of CRNAs needed
Is this a Chief CRNA position? No
Will the CRNA be doing Chronic Pain
Management? Never
Will CRNA be doing Cardiac anesthesia? Never
Will CRNA be doing Pediatric anesthesia? Never
Will CRNA be doing Trauma anesthesia? Never
Number of Full-time anesthesiolo ists
Number of Full-time CRNAs
Will CRNA -have day off after call? Always
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Contact
form tion
I
Job Salary &
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tX
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rmation
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Subspecialty Fellowship Required? No
What state license is required? exas
AANA Certified required?- es
Contact Job
Information Job Salary &
Income Facile
Othe
rmation
f
I Requirements Information
n
o and Duties Information
Salary & Income Information
Estimated Minimum Annual Income
$150,001 - $160,000
W-2 Sala or 1099 Pa ment
Estimated Maximum Annual Income
230,001 - $240,000
-2 Sala or 1099 Pa ment
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the
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i Job Salary &
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the
on
Informat tion
f
I
Information ' Requirements n
f
I orma
n
and Duties ormatio
n
Other
Southern Dallas Hospital looking for 2 CRNAs. Bread and butter,
Other comments about this job o no hearts, no heads. Must be able to handle OB as well. 150k to
geographical are start with potential to 230k. Looking for a long term commitment on
from both parties. Team player attitude is a must.
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Job Looking for CRNA
Posted by:
FRANK(a7HEALTHSEARCHRF.COM
REFERENCE 101:X43724
Date Posted: Last Updated:
Tue, Jan 10, 2006 Tue, Dec 19, 2006
inquire about this Listing
Contact Job Job Salary & Fa ili
Information Income the
Information Requirements Information
and Duties formation
Contact Information
Posted b a enc ? enc
Agency Nam Health Search, Inc.
Agency's internal Job ID Number for thi
osition 156fh
Name of contact erson Fj!..aft Hrestak
Contact's mailing address 43 York Road
Contact Ci Carlisle
Contact State Penns Ivania
Contact Zi 17013
Contact Count United States
Contact Voice Phone 800-650-1001
Contact F24 717-245-1818
Prima Contac Phone
Contact Job Job Salary & Facility
I
f Information Income the
n
ormation Requirements Information
and Duties Information
Job Information and Duties
Duration of Position Locum Tenens
Start Date ue, Jan 10, 2006
Locum Tenens daily payment for 8 hours 801 - $900
Number of CRNAs needed 1
Is this a Chief CRNA position? No
Contact Job Job Facili
Inform
ation Income
Othe
Information Requirements Information
and Duties Information
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12/29/2006
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Am,
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Othe
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Mal ractice Paid? No
Contact formJob ation
I Job ISalary ncome Facility Othe
Information n Requirements Information
and Duties Information
Facility Information
Group Stat exas
Group Count United States
Contact Job
i
f Job Salary &
Income Fa ili
the
on
ormat
In tion
f
I
Information Requirements orma
n
and Duties Information
Other
Other comments about this job o Immediate need for a CRNA in the DFW area. $100 per hour. Must
geographical area be able to work independently in a variety of settings such as OR
nd OB. Great opportunity that will o uickl !
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HOME ?NESTHESIQLQGISTS CRNAs NESTHES! HELP YOUR
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Job Looking for CRNA REFERENCE ID: 461>33
Posted by: Date Posted: . Last Updated:
FRANK ? HEALTHSEARCHRF.COM Tue, Mar 14, 2006 Tue, Dec 19, 2006
Inquire about this Listing
Contact Job Job Salary & Fa ili
Information Income Other
Information Requirements Information
and Duties Information
Contact Information
Posted b agency ? Agency
. Agency Nam Health Search, Inc.
Agency's internal Job ID Number for this
osition 160 FH
Name of contact person Faiik'Hr6stak
Contact's mailing address 43 York Road
Contact Ci Carlisle
Contact State Pennsylvania
Contact Zip 17013
Contact Count United States
Contact Voice Phone 00-650-1001
Contact F 17-245-2828
Prima Contact Phone
Contact Job Job Salax!y
& Facili
Inform
ation n om
I Other
Information Requirements Information
and Duties Information
Job Information and Duties
Duration of Position Locum Tenens
Start Date ue, Mar 14, 2006
Is this a Chief CRNA position? No
How often will CRNA be on call? ill NOT be on call
What percentage of the time will the
CRNA be Medically Directed by an
anesthesiolo ist?
10%
Contact Job Job Salary & Facili
Information Income Othe
Information Requirements Information
and Duties Information
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AANA Certified re uired? es
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Salary & Income Information
Contact Job Job Salary & Facility
Information Income
i the
Information Requirements Information
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--
Facility Information
Group State Texas
Group Count United States
Is practice limited to one hospital o One Hospital
involves several hospitals?
Contact Job Job Salary & Facility
Information income LO the
Information Requirements Information
and Duties Information
Other
Sporadic locums in the DFW area. $100 per hour, $25 per diem,
Other comments about this job o plus all applicable traveling expenses. Your choice of OR, OB or
geographical are EP shifts. Each shift is usually 12 hours some are 10 and 8. Please
call for further details.
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. ` J
VERIFICATION
I, Frank Hrestak, Jr. verify that the foregoing Amended Complaint is based upon
information which I have furnished to counsel and information which was has been
gathered by counsel in preparation of this lawsuit. I have read the Amended Complaint
and to the extent that the Amended Complaint is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and
belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unsworn falsification to authorities.
/214Zcy7
Date F ank Hrest rl?, J .
#14871
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing AMENDED
COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail,
postage pre-paid, this 4T" day of January, 2008.
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By;
Kevin D. Rauch, Esquire
Counsel for Plaintiff
... .?. ?_ rTl t "'Z
° Ci i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
NO. 06-5746 Civil Term
V.
MOTION TO COMPEL
HEALTH SEARCH, INC.
Defendant. (Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
CIVIL DIVISION
V.
HEALTH SEARCH, INC.,
Defendant.
NO. 06-5746 Civil Term
(Jury Trial Demanded)
MOTION TO COMPEL
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through his counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire,
and files the following Motion to Compel and in support thereof avers as follows:
1. This matter arises out of an employment situation.
2. On August 27, 2004, the Plaintiff entered into a written employment
agreement with the Defendant.
3. Pursuant to the terms of this contract, the Plaintiff was an employee of the
Defendant.
4. Under the terms of the contract, the Plaintiff was entitled to compensation
at a rate of thirty percent of his commissions based on receipt for services invoiced
under his name.
5. In addition, as part of his employment, the Plaintiff permitted Health
Search, Inc., to use the Plaintiffs name and/or likeness on websites such as
healthsearchRF.net and gasworks.com.
6. On July 10, 2006, the Plaintiff gave notice of his resignation effective July
24, 2006.
7. As of July 10, 2006, the Plaintiff had $23,820 in receipts for services under
his name with Health Search, Inc.
8. As of July 10, 2006, the Plaintiff was contractually owed commissions
totaling $7,146.
9. After the effective date of the Plaintiffs resignation, the Defendant
continued to appropriate the Plaintiffs name and/or likeness on Health Search's website
and other recruiting websites such as gasworks.com by listing the Plaintiff as a main
contact.
10. The Defendant continued to appropriate the Plaintiffs name and/or
likeness after two letters dated September 1, 2006, and December 29, 2006,
respectively, requested the Defendant to cease and desist.
11. The Defendant appropriated the Plaintiffs name and/or likeness without
permission for its own pecuniary gain.
12. On January 23, 2007, the Plaintiff served the Defendant with
Interrogatories and Request for Production of Documents.
13. On February 20, 2007, the Plaintiff received the Defendant's responses
which included objections to the Plaintiffs request for documentation regarding the
Plaintiffs websites. A true and correct copy of the Defendant's discovery responses is
attached hereto as Exhibit "A."
14. It is necessary for the maintenance of this matter that the Defendant file
full and complete responses to the Plaintiffs discovery requests.
15. Accordingly, the Plaintiff respectfully requests this Honorable Court enter
an Order directing the Defendant to provide the Plaintiff with full and complete
responses to the Plaintiffs Request for Production of Documents within twenty (20)
days or suffer additional sanctions.
16. Counsel for Plaintiff certifies that he has attempted to contacted with
Defendant's counsel to resolve this discovery dispute. Despite such attempts by
Plaintiffs counsel, the Defendant's objections have not been removed.
17. Counsel for Plaintiff certifies that the Honorable M. L. Ebert, Jr., previously
ruled on the Plaintiffs Motion to File an Amended Complaint.
18. Opposing counsel does not concur in this motion.
WHEREFORE, Plaintiff, Frank Hrestak, Jr., respectfully requests this Honorable
Court enter an Order compelling the Defendant to produce full and complete responses
to Plaintiffs discovery requests.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: - e"
Kevin D. Rauch, Esquire
Counsel for Plaintiff
Duncan & Hartman, P.C.
William A. Duncan, Esquire
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249.7780
717.249-7800 FAX
Attorney ID 22080
FRANK HRESTAK, JR.
Plaintiff
VS.
HEALTH SEARCH, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO 06-5746 CIVIL TERM
RESPONSE TO REQUEST FOR
PRODUCTION OF DOCUMENTS
1. Any and all documents evidencing commission payments to Plaintiff on January 1,
2006, or anytime thereafter.
See attached.
2. All receipts invoiced under Plaintiff's name on January 1, 2006 or anytime thereafter.
See attached invoices.
3. All documents pertaining to or arising out of the relationship between Plaintiff and
Defendant.
Objection. The request does not meet the requirements of Rule 4009.11.
William A. Duncan, Esq.
4. All documents containing facts or information about any of the allegations and claims
contained in the Complaint, Answer, New Matter and reply to New Matter.
See the documents supplied in answer to request No. 1 and No. 2.
5. All documents you intend to introduce at the trial of this matter.
See the documents supplied in answer to request No. 1 and No. 2.
Copy of the employment contract, Performance Evaluations, Letter of Resignation
6. All documents containing statements made by parties or nonparties concerning this
lawsuit or its subject matter.
See response to request #5
7. All documents pertaining to Defendant's posting of information on
www.gaswork.com.
Objection. The request is not within the scope of permissible discovery under Pa. Rule
4003.2 through Rule 4003.6.
William A. Duncan, Esq.
8. All documents pertaining to placement of employee names on the Health Search, Inc.
Website.
Objection. The request is not within the scope of permissible discovery under Pa. Rule
4003.2 through Rule 4003.6.
William A. Duncan, s .
9. All documents referenced and/or identified in Defendant's Answers to Interrogatories.
Provided in answer to previous requests.
10. All documents, including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.gaswork.com from July 10, 2006 to present.
Objection. The request is not within the scope of permissible discovery under Pa. Rule
4003.2 through Rule 4003.6.
?Z, vi , L4,A/L--???
William A. D , Esq.
11. All documents, including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.gaswork.com identified as "REFERENCE ID:
461333."
Objection. The request is not within the scope of permissible discovery under Pa. Rule
4003.2 through Rule 4003.6.
William A. Duncan, sq.
12. All documents , including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.gaswork.com identified as "REFERENCE ID:
43724."
Objection. The request is not within the scope of permissible discovery under Pa. Rule
4003.2 through Rule 4003.6.
William A. Duncan, Esq.
13. All documents , including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.gaswork.com identified as "REFERENCE ID:
47915."
Objection. The request is not within the scope of permissible discovery under Pa. Rule
4003.2 through Rule 4003.6.
William A. Duncan, Esq.
Respectfully submitted,
DUNCAN & HARTMAN, P.C.
William A. Duncan, Esquire
Attorney for Defendant
VERIFICATION
The undersigned, having examined the attached Responses to Plaintiff's Request for
Production of Documents, the responses therein are true and correct to the best of his knowledge,
information and belief.
This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to
unsworn falsification to authorities.
n
Dated:
-bxn???
Rodney f. Yentzer, II 4--?
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Response to Plaintiff's
Request for Production of Documents to Defendant, Health Search, Inc. has been mailed by U.S.
Mail to counsel of record via first class mail, postage pre-paid, this day of February, 2007.
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock,
Guthrie and Skeel, LLP
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
DUNCAN & HARTMAN, P.C.
William A. Duncan, uir
Attorney for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO
COMPEL has been mailed by U.S. Mail to counsel of record via first class mail, postage
pre-paid, this day of , 2008.
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: -ems
Kevin D. Rauch, Esquire
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
V.
HEALTH SEARCH, INC.,
Defendant.
AND NOW, TO WIT, this
CIVIL DIVISION
NO. 06-5746 Civil Term
(Jury Trial Demanded)
ORDER
day of
2008, it is hereby
ORDERED, ADJUDGED, and DECREED that Defendant, Health Search, Inc., provide
Plaintiff, Frank Hrestak, Jr., with full and complete Responses to Request for Production
of Documents within twenty (20) days of this Order.
BY THE COURT:
J.
Distribution to:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
FRANK HRESTAK, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-5746 CIVIL
HEALTH SEARCH, INC., :
Defendant CIVIL ACTION - LAW
IN RE: MOTION TO COMPEL
ORDER OF COURT
AND NOW, this 1St day of February, 2008, upon consideration of the Plaintiff's
Motion to Compel,
IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall file an
Answer to the Plaintiff's Motion to Compel on or before February 25, 2008. This Answer
shall specifically and succinctly explain to the Court why the Request for Production of
Documents does not "meet the requirements" or "is not within the scope of permissible
discovery" of the Pennsylvania Rules of Civil Procedure.
IT IS FURTHER ORDERED AND DIRECTED that a status conference with
counsel shall be held Tuesday, March 18, 2008 at 8:30 a.m. in chambers of Courtroom
No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
,*? -t,- UA-
M. L. Ebert, Jr., J.
Kevin D. Rauch, Esquire
Attorney for Plaintiff
William A. Duncan, Esquire
Attorney for Defendant
bas
VIKVAIASNN?d
60.0 Wd 1- 933 0001
j&j() O; Ob'd 3HI ?O
33j4"314
FRANK HRESTAK, JR : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO 2006-5746 CIVIL
HEALTH SEARCH, INC.
Defendant
ANSWER TO AMENDED COMPLAINT
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied in that Plaintiff did not have receipts for services. Any receipts for services
would have been payable to Defendant.
8. Denied in that Paragraph 8 states a legal conclusion. Admitted that the $7,146.00
figure is a computation representing 30% of $23,820.00
COUNT I - BREACH OF CONTRACT
9. The Defendant incorporates herein the answers to Paragraphs 1 through 8 as if set
forth in full.
10. Admitted.
11. Admitted.
12. Denied in that Paragraph 12 states a legal conclusion which requires no response.
Defendant provides further information pertaining to this allegation in New Matter.
13. Denied in that Defendant has been fully compensated in accord with his contract with
Defendant.
14. Denied in that Paragraph 14 states a legal conclusion which requires no response.
WHEREFORE, Defendant, Health Search, Inc. respectfully requests this Honorable
Court dismiss the Plaintiffs action with prejudice.
COUNT II - UNJUST ENRICHMENT
15. The Defendant incorporates herein the answers to Paragraphs 1 through 14 as if set
forth in full.
16. Denied in that Defendant has paid over to Plaintiff all sums of money due Plaintiff.
17. Denied in that as of July 10, 2006, Plaintiff had not collected all said sums of money.
18. Denied in that any reimbursement due to Plaintiff and all commissions due to
Plaintiff have been paid by Defendant.
19. Denied in that Paragraph 19 states a legal conclusion which requires no response.
COUNT III - INVASION OF PRIVACY, APPROPRIATION OF NAME OR LIKENESS
20. The Defendant incorporates herein the answers to Paragraphs 1 through 29 as if set
forth in full.
21. Admitted.
22. Admitted.
23. Admitted.
24. It is admitted that Plaintiff's name continued to be listed on the websites. It is denied
that the listing was intentional and that it rose to the level of "appropriation" of Plaintiff's name
and/or likeness.
25. It is admitted that letters dated September 1, 2006 and December 29, 2006 were
received by Defendant. By way of further answer, Defendant contacted the webmaster to remove
the listing after the first letter.
26. It is denied that Defendant received any pecuniary name from the website listings, to
the contrary, Defendant received no calls or a-mails from the Healthsearch website.
27. After reasonable investigation the Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment stated.
WHEREFORE, Defendant Health Search, Inc. respectfully requests this Honorable Court
dismiss the Plaintiff's action with prejudice.
RESPECTFULLY SUBMITTED
DUNCAN & HARTMAN, P.C.
William A. Duncan, Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
717.249-7800 FAX
Attorney ID 22080
Dated: '/ Sz?o;
VERIFICATION
I verify that the statements made in the foregoing Answer to Plaintiff's Amended
Complaint are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date: r? ?? G?
Rodney Yentzer, President
Health Search, Inc.
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's
Amended Complaint by depositing same in the United States Mail, first class, postage pre-paid
on the 251`' day of October, 2006 from Carlisle, Pennsylvania, addressed as follows:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock,
Guthrie and Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
William A. Duncan, Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
717.249-7800 FAX
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FRANK HRESTAK, JR : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO 2006-5746 CIVIL
HEALTH SEARCH, INC.
Defendant
RESPONSE TO PLAINTIFF'S
MOTION TO COMPEL
Defendant Health Search, Inc., by and through its attorney, William A. Duncan, Esquire,
files the following response to Plaintiff's Motion to Compel:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied that Plaintiff would be entitled to 30% of said commission in the instant case
as Plaintiff resigned his employment and therefore by the terms of the employment agreement
Plaintiff was entitled to one-half of said amount (15%), which amounts have been paid in full by
Defendant to Plaintiff.
5. Admitted that Plaintiff s name and/or likeness appeared on Defendant's website.
Denied that Defendant caused Plaintiff's name and/or likeness to appear on Gasworks.com.
6. Admitted.
7. Admitted.
8. Denied as Plaintiff was paid in full for all commissions due and owing in accord with
the terms and conditions of the employment agreement related to commissions due to a resigned
or terminated employee.
9. Denied that Plaintiff was listed on Health Search website as a main contact and denied
that Defendant maintained and controlled Plaintiff's listing on Gasworks.com or other recruiting
websites, to the contrary, it was within Plaintiff's means and control to remove the
Gasworks.com affiliation of his name with Defendant.
10. Denied in that Defendant secured the removal of Plaintiff's name from websites
which it could access in a timely fashion.
11. Denied in that no pecuniary gain was realized by Defendant nor was any act made to
appropriate the image, name or likeness.
12. Admitted.
13. Admitted.
14. Attached hereto are Supplemental Responses to all of the discovery requests
propounded by Plaintiff. Said responses were transmitted to Plaintiff's counsel on or about
February 5, 2008.
15. Defendant has provided Plaintiff with full and complete responses to Plaintiff's
request for production of documents except for those items which are proprietary in nature or
irrelevant.
16. Denied in that Defendant has filed supplemental responses to Plaintiff's discovery
requests as set forth hereinabove.
17. Admitted.
18. Defendant's counsel avers that Defendant has cooperated properly and lawfully with
Plaintiff's reasonable discovery requests.
WHEREFORE, Defendant, Health Search, Inc., respectfully requests this Honorable
Court to enter an Order denying Plaintiff's Motion to Compel Discovery.
Respectfully Submitted
?A A (0 William A. Duncan, Esquire
Attorney for Defendant
FRANK HRESTAK, JR : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO 2006-5746 CIVIL
HEALTH SEARCH, INC.
Defendant
SUPPLEMENTAL RESPONSE TO
PLAINTIFF'S REQUEST FOR
PRODUCTION OF DOCUMENTS
3. All documents pertaining to or arising out of the relationship between Plaintiff and
Defendant.
Defendant, through the responses to items 1 and 2 of this request for documents has
provided all the information relevant to Plaintiff's claim for money damages. Therefore, the
production of other documents is irrelevant.
7. All documents pertaining to Defendant's posting of information on
www.gaswork.com.
Defendant does not have documents relating to the postings on www.gaswork.com, . No
such documents were created by Defendant as the Plaintiff posted the information on the
aforesaid website and maintained the password to that website.
All documents pertaining to placement of employee names on the Health Search, Inc.
Website.
No such documents exist.
10. All documents, including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.paswork.com from July 10, 2006 to present.
No such documents or invoices or requests for services or e-mails arose from the listing
of Defendant from July 10, 2006 to present. As to other recruiters, the information is proprietary
to the business and not relevant to this case.
11. All documents, including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.aaswork.com identified as "REFERENCE ID:
461333."
No such items exist.
12. All documents, including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.aaswork.com identified as "REFERENCE ID:
43724."
No such items exist.
13. All documents, including, but not limited to, receipts, invoices, employment
contracts, correspondence, receipts for services, e-mails, and/or electronic documents, related to,
or generated from, the Defendant's use of www.gaswork.com identified as "REFERENCE ID:
47925."
No such items exist.
Respectfully Submitted
William A. Duncan, Esquire
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing Response to Plaintiff's Request
for Production of Documents are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
Date: 136 L ?
ti
Rodney Yentzer, President
Health Search, Inc.
FRANK HRESTAK, JR : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO 2006-5746 CIVIL
HEALTH SEARCH, INC.
Defendant
SUPPLEMENTAL RESPONSE TO
PLAINTIFF'S INTERROGATORIES
6. State the names of each person responsible for posting employee names on the
www.gaswork.com website on behalf of Health Search, Inc.
Each recuiter working for Health Search, Inc. Posts their own names and jobs on
www.gaswork.com which is not a website owned by Health Search, Inc. Each recruiter has his
own password which is not known to the Defendant.
7. For each person identified in response to the preceding Interrogatory, please state their
address.
Each of the persons identified in the answer to #6 maintains a business address at 243
York Road, Carlisle, PA 17013.
8. State the name of each person responsible for maintaining the Health Search, Inc.
Website.
Sam Dobb, Bluetek Computers
9. For each person identified in response to the preceding Interrogatory, please state their
address.
675 Williams Grove Road, Mechanicsburg, PA 17055
17. Have you ever been involved in any other litigation regarding an invasion of privacy?
No.
Respectfully Submitted
William A. uncan, s ire
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing Response to Plaintiff s Interrogatories
are true and correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
Rodney Yentzer, President
Health Search, Inc.
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff s
Amended Complaint by depositing same in the United States Mail, first class, postage pre-paid
on the 21 st day of February, 2009 from Carlisle, Pennsylvania, addressed as follows:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock,
Guthrie and Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
? r
William A. Duncan, Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
717.249-7800 FAX
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FRANK HRESTAK, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-5746 CIVIL
HEALTH SEARCH, INC.,
Defendant CIVIL ACTION -LAW
IN RE: MOTION TO COMPEL
ORDER OF COURT
AND NOW, this 18th day of March, 2008, upon consideration of the Plaintiffs
Motion to Compel, the Answer filed by the Defendant and after status conference with
counsel at which the Answers provided by the Defendant were reviewed,
IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Motion to Compel is
DENIED as moot in that the Defendant's Answer indicates that the requested
documents do not exist; Accordingly, should the matter proceed to trial, no documents
requested by the Plaintiff which later may be discovered by Defendant will be allowed at
trial in support of Defendant's case.
By the Court,
`X Kevin D. Rauch, Esquire
Attorney for Plaintiff
William A. Duncan, Esquire
Attorney for Defendant
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M. L. Ebert, Jr.,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
NO. 06-5746 Civil Term
V.
PETITION FOR APPOINTMENT OF
HEALTH SEARCH, INC. ARBITRATORS
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
V.
HEALTH SEARCH, INC.,
Defendant.
CIVIL DIVISION
NO. 06-5746 Civil Term
(Jury Trial Demanded)
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Kevin D. Rauch, counsel for the Plaintiff in the above action, respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in this action is less than $35,000.
3. The following attorneys are interested in this case as counsel or otherwise
disqualified to sit as arbitrators: William A. Duncan, Esquire.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: ?--t._-L--?
Kevin D. Rauch, Esquire
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION
FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this 1St day of May, 2008.
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Counsel for Plaintiff
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Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 06 - S-746
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commo wealth and that we will discharge the dutie of our office
with fidelity.
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Signature V/ Signs a Signs e
Name (Chairman)
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Law Firm
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Address
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Name Name
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City, zip city, zip city, zip
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
. Arbitrator, dissents. (Insert name if applicable,
Date of Hearing: 1 QL -1 I - O$ ?-)Mm
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(Chairman)
Date of Award: I a - - O 8
Notice of Entry of Award
Now, the lol+A day of 20 0 , at 8: q8 , A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to,?e paid upon appeal: $ 350 . QO
By:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FRANK HRESTEK, JR.
Plaintiff
Vs File No. 06-5746
Civil Term
HEALTH SEARCH, INC.
Defendant
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY:
Notice is given that
Defendant
appeals from the award of the
board of arbitrators entered in this case on December 11, 2008
A jury trial is demanded x (Check the line if a jury trial is demanded.
Otherwise jury trial is waived.)
I hereby certify that
(1) the compensation of the arbitrators has been paid, or
(2) application has been made for permission proceed inyforma pauperis. (Strike
out the inapplicable clause.) ,
Appall t or ttorney of ApMp6llant
Mette, Evefis & Woodside
3401 N. Front St., P.O. Box 5950
Harrisburg, PA 17110-0950
Note: The demand for jury trial on appeal from compulsory arbitration is governed by
Rule 1007.1(b).
(b) No affidavit or verification is required.
Adopted March 16, 1981, effective May 15, 1981.
1
CERTIFICATE OF SERVICE
1 certify that I am this day serving a copy of the foregoing document upon the
person(s) and in the manner indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as
follows:
Kevin D. Rauch, Esquire
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, LLP
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
Counsel for Plaintiff
By:
Date: January 6, 2008
METTE, EYANS & WOODSIDE
KATHYN,L. PSON, ESQkJIRE
Sup. Ft. I. k. N . 28960
3401 North ont Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Health Search, Inc.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
NO. 06-5746 Civil Term
V.
MOTION FOR PARTIAL SUMMARY
HEALTH SEARCH, INC. JUDGMENT
Defendant.
(Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
V.
HEALTH SEARCH, INC.,
Defendant.
CIVIL DIVISION
NO. 06-5746 Civil Term
(Jury Trial Demanded)
MOTION FOR PARTIAL SUMMARY JUDGMENT
AND NOW, comes the Plaintiff, Frank Hrestak, Jr., by and through his counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire,
and files the following Motion for Partial Summary Judgment and in support thereof
avers as follows:
1. BACKGROUND FACTS
1. This action arises out of a written employment contract that the parties
entered into on August 27, 2004. (A true and correct copy of the contract is attached
hereto as Exhibit "A.")
2. Pursuant to the terms of this contract, the Plaintiff was an employee of the
Defendant.
3. Under the terms of the contract, the Plaintiff was entitled to compensation
at the rate of 30 percent of his commissions based on receipt for services invoiced
under his name.
4. On July 10, 2006, the Plaintiff provided Rodney L. Yentzer, Health Search,
Inc.'s Vice-President, with a notice of resignation effective July 24, 2006.
5. As such, the Plaintiff is contractually owed commissions totaling $7,146.00
II. SUMMARY JUDGMENT
6. The Plaintiff incorporates, by reference, paragraphs 1 through 5 as though
the same were fully set forth at length herein.
7. In Pennsylvania, a Motion for Summary Judgment may be properly
granted when the pleadings, depositions, Answers to Interrogatories, admissions,
affidavits, and expert reports show that there is no genuine issue as to any material fact
and that the moving party is entitled to judgment as a matter of law. Hopewell Estates.
Inc. v. Kent, 646 A.2d 1192 (Pa. Super. Ct. 1994); Pa. R.C.P. 1035.2.
8. Summary judgment serves to eliminate a waste of judicial time and
resources in cases where trial would be a useless formality. Lies v. Balmer, 547 A.2d
691 (Pa. Super. Ct. 1989).
9. In Pennsylvania, a breach of contract claim requires proving: (1) the
existence of a contract, including its essential terms; (2) a breach of a duty imposed by
the contract; and (3) resultant damages. Williams v. Nationwide Mutual. Ins. Co., 750
A.2d 881, 884 (Pa. Super. Ct. 2000)(citing Corestates Bank. N.A. v. Cutillo, 723 A.2d
1053, 1058 (Pa. Super. Ct. 1999)).
10. In this matter, the following facts have been admitted:
(a) That the Plaintiff was an employee of the Defendant pursuant to the
Employment Agreement attached as Exhibit "A;"
(b) that the Employment Agreement provides that the Plaintiff was
entitled to compensation at the rate of thirty-percent (30%) of his
commissions based on receipt for services invoiced under his
name;
(c) that the Defendant received the Plaintiff's resignation;
(d) that the Plaintiff had $23,830 in receipts for services under his
name at the time of his resignation; and
(e) and that this compensation rate applies unless an employee is
terminated.
See Defendant's Responses to Plaintiffs First Set of Request for Admissions
attached hereto as Exhibit `B."
11. The only matter left in dispute is whether "termination" is defined in the
Employment Agreement drafted by the Defendant.
12. Under heading number 4. "TERMINATION," the Employment Agreement
defines which situations qualify as terminations.
13. The Employment Agreement does not define termination as resignation.
14. As the Employment Agreement was drafted by the Defendant and does
not provide for a compensation reduction upon resignation, the Plaintiff is entitled to his
full commission of 30 percent. See Central Transportation. Inc. v. Board of Assessment
Appeals of Cambria County, 417 A.2d 144, 149 (Pa. 1980)(holding that it is well settled
that a written agreement will be construed against the party preparing it).
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
an Order finding that the Plaintiff is entitled to $3,573.00, the remaining fifteen percent
owed to him.
III. PRIOR DECISIONS
15. The Plaintiff notes for the record that the Honorable M. L. Ebert, Jr.
previously ruled on the Plaintiffs Motion to Compel and Motion to File an Amended
Complaint. Additionally, the Honorable Edgar B. Bayley entered an Order appointing
arbitrators in this matter.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
an Order finding that the Plaintiff is entitled to $3,573.00, the remaining fifteen percent
owed to him.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: -- ?-.-.?
Kevin D. Rauch, Esquire
Counsel for Plaintiff
EMPLOYMINT AGREEMENT
T AGtEBA NT made and entered into as of this day of August 27, 2064 by and between HEALTH
SEARCH, INC., a corporation with its principal offices located at 243 York Road, Carlisle, Cumberland
County, Pennsylvania, 17013, (hereinafter "EMPLOY"ER" or "the Company") at d Frank Ffrestak JR, an
individual residing
At 2857 Oakwood Drive Harrisburg, PA 17112, (hereinafter 'EN9LOY•EP"
WITNESSETH.
WME REAS, Employer is a corporation engaged in the business of providing management and penonnel
services for the medical field; and
WHEREAS, Frank Hrestak JR is employed by Health Search, Inc., as a Recruiter,
a position of great importance to the Company; and
WHEREAS, the Company and the Employee wish to modify the terms of their employment relationship to
(__.Mpropriately recognize certain rights, obligations and compensation to the Employee: and
'I EREA.S, the Employee acknowledges the sigruficant importance of this position to the Company. The
Company and the Employee acknowledge that the Employee will develop extremely valuable relationships by
virtue of employment with the Company and that the Employee will have access to extremely valuable
conf dential and proprietary information and trade secrets belonging to the Company; and
AGREEMENT
NOW, THEREF'On, in considefation'of the promises and covenants set forth herein, atYd intending to be
legally bound hereby, the parties agree as follows:
1. 'TERM
Employment shall begin as of the date of this Agreement and continue for a period of one year. Upon expiration
of the initial one year tenn, the Agreement will automatically renew for additional successive one year te=,
artless written notice of non renewal is prodded by either party at least. 14 days in advance of the expiation of
the then current contract term. I.Ipon_terminatian4r non.renewal-of-this••Agreement,=tlie-parties-Will be?blieved-•-
of 4eir duties anti obligations, except that the rights and obligations set forth in Paragraphs $ through? bel#w
sbali. remain in fill farce and effect and shall =vive-the expiration or. termdnation ofCm-Ag 6ebwie t; regsi?l
of the reason(s) for temiination.
dal;, • 'Yr'OS EON AND DUTIES
'q` nap=-j hereby employs the employee ps its Recruiter and Frank Hrestak
the Empltyee agrees to serve in such capacity for the Company on the terms and 'conditions hereafter set fob.
The Employee shall perform such other duties and have such other authority as may be delegated to the
Fn?jloyee from tune to time by the may at any time relieve the Employee of any
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power or duty previously assigned to the Employee. Tile Employee shall report to the Company with respect to
the performance of these duties,
In the performance of these dudes, the'Employee shall devote its Iaiowledge, skiIl, attention, energies and all of
its business time, and shall comply with all of the Company's policies, rules and regulations from time to time
adapted, and all specific directions of the Company.
lba Employee shall not engage in auy endeavor which would conflict Nvith the rendition of its sez vices to the,
Comp arty, either directly or indirectly, without the prior written consent of the Company. The Employee shall
not be prevented from investing its assets in such form or manner as shall not require any services on its part in
the operation of the affairs of any fun, corporation, association or other entity, but shall not invest in any other
firm, corporation or other entity which competes with the Company.
3. 4.6IM.€E SA$AG j
The Company shall pay the Employee for its services the base salary and *other Compensation deseribed in this
paragraph as fbHows:
a. Base Salary. The Employee shall be paid a minimurn annual base salary of $ 15,000.00in bi weekly
instalkneuts subject to the customary payroll deductions.
b. Compensation/ Commission. The Company and Employee agree that the rate of compensation is
(30% ) commission based on receipts for services invoiced under Employee name. Fifteen ( 15 % ) percent for
job order: fifteen ( 15%0 ) percent forpotentail prospect for s possible total of thirty ( 30% ) per billing
It is further understood that, in the event of termination of employment within one (1) year from the date hereof,
no commissions shall be payable to Employee other than the commissions already paid. In the event of
termination after one (1) year from the date hereof, Employee shall receive One-half of the unpaid commissions
earned , after they have been collected by the Company and the permanency of the placoment has been
established. In the event the employee does not give a two week notice the employee gives up their right to any
compinsation at that point. No commission or salary will be paid to the employee.
c. Benofits. The Employee shall be entitled to participate in all benefit plans, programs, and
arrangements as maybe authorized and adopted from time to time by the Company. Nothing herein, shall
prevent the Company from discontinuing or modifying any existing benefit plain.
d. Expenses. Tie Employee shall be reimbursed by the Company for all reasonable and necessary
expenses incurred by the Employee in performing his obligations under this Agreement upon presentation of
itemized accounts of such expenses supported by proper documentation.
4. -T.IIRMM-ATION
.. Ir6
. : , :a.• 712e Company may terminate this Agreement for cause upon at least thirty (30) days written• 00 ..to
tine zployee, whieb cause shall be determined in. good faith within the sole discretion of the Company,
"Cause" for temmination may include, but shall not be limited to the following conduct of the employee:
aa_ Materi al breach of anyprovis& of this Agreement or any other agreements with the Company;
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bb. Misconduct as an employee of the Company. Examples of misconduct include, but are not limited to
(1) The willfiil failure by the Employee to substantially perform its duties hereunder;
(2) The gross negligence, incompetence, willful misconduct or disloyalty of the
.Employee in the performance of its duties;
(3) The commission of any criminal, fraudulent or dishonest conduct.
pertaining to the business or affairs of the Company;
(4) Commission of any act or omission the intended or the likely consequence
of which is material injury to the Company's business, property or
reputation; or
(5) Conviction, or arrest, based upon substantial evidence, of a criminal offense
involving moral turpitude; .
(6) Unreasonable neglect of the duties assigned to the Employee under or
pursuant to this Agreement;
b. This. Agreement shall be terminated upon the death of the Employee or the inability of the Employee -, ,
to perfomr its duties by reason of sickness or accident for a period in excess of (6) months (as determined in the
sole discretion and within the reasonable judgment of the Company based upon the opinion of a medical
professional).
5. CO1'+ii`I. ENA`.C.A L INFORMATION
The Employee recognizes that it occupies a position of trust and confidence with respect to the affairs of the
Company. By virtue of its employment, the Employee will have access'to highly valuable intellectual propeq
belonging to the company including, but not limited to, marketing information (mcluding price lists, customer
information, quotations and purchasing methods), operating procedures and business strategies. The Employee
acknowledges and agrees that such intellectual property and information is "Confidential lnformation" and
constitutes trade secrets belonging to the Company. The Employee also recognizes that in the course of its
employment it will have access to other important information regarding the Company and its affairs that it
would not be privileged to know but for its association with the Company.
The Employee acknowledges that all of the above information shall be the sole property of the Company. T6;
Employee agrees that it will not ever, at any time, disclose any Confidential Information to any person for any
a re
n or purpose whatsoever of make use of any Confidential information for his own purposes or for the
benefit of any person of other company, without the express prior written consent of the Company and except as
may bo reasonably necessary in the proper perrformance of the Employee's duties on behalf of the Company
amder this Agreement. The Employee will retuni any and all materials containing Confidential Information to
the Company immediately upon termination of the Employee's eYnploymen"t.
t? V'm the Employee agrees that it shall immediately return to the Company any and
H-ifo tion regarding lho Company and its affairs within its possession upon terrninatiou of employttxentx
beluding, taut not limited to, all correspondence, manuals, letters, notes, notebooks, reports nand apy other
dociuents or tangible items constituting information belonging to the Company or any information regarding
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any of the Company's customers or potential customers, whether maintained ants office or elsewhere.
Employee will- also return to the Company any other Company property within its possession upon termination
of his employment.
6, RES CTIVE COVENANTS
a. Non-Competition. The Employee shall not, directly or indirectly, either during its employment with
the Company or for a period of twenty four (24) months following,the, termination-of the Employee's
employment for any reason, render any services to, become employed by, or act in any capacity with and
individual, business, corporation, partnership or other business entity which competes either directly,or
indirectly with the Company.
b, Non-Solicitation of Customers. The Employee shall not contact, entice, solicit or accept business
from, either directly or indirectly, any client or customer of the Company or otherwise divert any
business away from the Company either during its employment with the Company or for a period of
twenty four (24) months following the termination of the Employee's employment with the Company fo:
any reason.
c. Non-Solicitation of Employees. The Employee shall not contact, entice, solicit or have any
communication with any other employees of the Company in an attempt to influence or persuade any
other employees of the Company to leave their employment with.the Company audlor accept
employment with any other person or company either during its employment with the Company or for a
period of twenty four (24) months following the termination of the Employee's employment with the
Company for any reason.
d_ Enforcement and remedies. The Employee expressly acknowledges and agrees that the restrictive
covenants set forth in subparagraphs (a) through (c) above are absolutely necessary to protect the
legitimate business interests of the Company and that enforcement of these covenants will not prevent it
from earning a livelihood. The Employee further agrees and acknowledges that these restrictive
covenants are reasonably and are intended by the parties to be enforceable following tern ination of
employment for any reason, even if the Employee is terminated for cause or poor performance.
The Employee farther acknowledges and agrees that any breach of the restrictions set forth in subparagraphs (a)
through (c) above will result in irreparable injwy to the Company for which it shall have no adequate remedy at
law, no Employee agrees that in the event of its breach of any one or more of the restrictive covenants set forth
in subparagraphs (a) through (c) above, the Company, in addition to any other remedies and damages available
at law, shall be entitled to equitable remedies, including temporary and pennanent injunctive relief to enforce-
-the provisions thereof. In-the..euent?hat-any_ofthes=stdcEons-shaU b-c-dete hy-nY__caurt 9ft-QL4p9Mt
jurisdiction to be unenforceable in part based upon a determination that they -are not reasonably limited in
geographic scope or time, the provisions shall remain in full fbrce and effect as to that period of time or
geographic area determined to be reasonable by the court. In the event that the Company seeks injunctive relief
iii order to enforce any one or more of the restrictive covenants set forth in subparagraphs (a) through (c) above,
upon finding such a breach, the restrictions are intended to be enforced for the full twenty four (224) month
period from the date that the court issues such injunction.
". ' f•` '
7. "
ISFUTE RESOLUTION
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Any controversy or claim arising out of or related to the Employee's employment with the Company,
including but not limited to any claims arising out of or related to this Agreement or any claimed breach thereof,
or any claims by the Employee to the effect that the Company violated any state or federal law with respect to
the terms and conditions of the Employee's employment, including but not limited to any claims tinder the Age
Discrimina-don in Employment Act, the Americans With Disabilities Act, the Family and Medical Leave Act,
the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1564, the Pennsylvania
Duman Relations Act or any other federal or state fair employment practices law, breach of contract, defamation
or any'other federal or state statute or common law doctrine whatsoever, shall first be submitted pursuant to the
Company's internal dispute resolution procedures.
In the event that the Cornpany:s internal dispute resolution procedures do not adequately resolve the dispute, all
such claims and issties shall be submitted to binding arbitration before the American Arbitration Association in
the City of Harrisburg, Pennsylvania, pursuant to the National Rules for the Resolution of Employment Disputes
then in effect. Any such arbitration award entered shall be final and binding upon the parties hereto, and
judgment upon the award may be entered in any court having jurisdiction thereof. The arbitrator shall have no
authority to modify any provision of this Agreement when rendering the award. .
If the Employee prevails on any material issue which is the subject of such arbitration, the Company shall be
responsible for all fees of the American Arbitration Association and the arbitrator and any expenses relating to
tho conduct of the arbitration (exoluding attorneys fees). Otherwise, each party shall be responsible for its own
expenses relating to the conduct of the arbitration and shall share the fees of the American Arbitration
Association..
J
While all other disputes that may arise between the parties concerning the Employee's employment with the
Company or the term of this Agreement must be resolved according to the dispute resolution procedures
outlined above, the Company shall be entitled to file a lawsuit in any court of competent jurisdiction in order to
reanedy any breach of or seek enforcement of the provisions set forth in paragraphs 6 and 7 above. The arbitrator
shall have no jurisdictions over enforcement of these provisions.
& GOVERNING LAW
The terms of this Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania.
9, NON-WA11VER
A waiver of any provision of this Agreement by either party shall not prevent either party from enforcing thr
provision or any other provision hereof.
10, ASSIGf WUNT
f'h?sAgt eeaeat is personal and may not be assigned by the Employee. This Agreement shall inure to
of and b.e.binding upon any successor to the Company.
iprovtsion ofthi.s Agreement is severable and distinct from, and independent of, every other prvv
hdreaf, If one provision hereof is declared void, the remaining provisions shall remain in effect.
K
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12. ENTIRE AGREEMENT
This instrument contains the entire agreement of the parties concerning the employment relationship and
supersedes any prior understandings between the parties concerning the terms and conditions of the Employee's
employment, whether oral or written. The parties acknowledge, in entming into this Agreement, that they have
not relied upon any promise or inducement not specifically set forth herein. Any changes to this Agreement
must be in writing and signed by both parties.
13. NOTICE
Any notices required to be given by this Agreement shall be made in writing and delivered by certified mail,
return receipt requested, with adequate postage prepaid If the notice is to be given to the Employee, the notice
shall be mailed to the Employee's address as set forth above or to any later given address that the Employee has
provided in writing to the Company for such purpose. If the notice is to be given to the Company, the notice
shall be wiled to its principal ofee addressed. Any notice given in the manner required above shall he deemed
given when so mailed.
IN WI`MSS VV MREGF, and wishing to be legally bound= the paraes.have executed.lWs Agreement as of
the date first above written.
13•?
WITNESS:
Oclja:2 L Y,
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HEALTH SEARCH, INC.:
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FRANK HRESTAK, JR.
Plaintiffs
V.
HEALTH SEARCH, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-5746 Civil Term
JURY TRIAL DEMANDED
DEFENDANT'S RESPONSES TO
PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS
Pursuant to Pennsylvania Rule of Civil Procedure 4014(b), Defendant submits its
responses to Plaintiff's First Set of Request for Admissions as follows:
Respectfully submitted,
KATHRYN L. SIMPSON, ESQUIRE
Sup. Ct. I.D. No. 28960
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Defendant, Health Search, Inc.
Date: SA /'
siissavi
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
CIVIL DIVISION
V.
HEALTH SEARCH, INC.,
Defendant.
NO. 06-5746 Civil Term
(Jury Trial Demanded)
PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS
Plaintiff, Frank Hrestak, by and through his counsel, Summers, McDonnell,
Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, requests that the
Defendant, health Search, Inc., answer the foregoing Request for Admissions within
thirty (30) days after service in accordance with Pennsylvania Rule of Civil Procedure
4014(b). If Defendant fails to respond within said thirty (30) days of receipt, the matters
set forth herein shall be deemed admitted and conclusively established.
1. The Plaintiff was an employee of the Defendant pursuant to the
Employment Agreement attached hereto as Exhibit "A."
Admitted x
Denied
2. The Employment Agreement provides that the Plaintiff was entitled to
compensation at the rate of thirty-percent (30&) of his commissions based on receipt for
services invoiced under his name.
Admitted x Denied
3. Pursuant to Section 3 of the Employment Agreement, this compensation
rate applies unless an employee is terminated.
Admitted X Denied
4. Termination is defined in Section 4 of the Employment Agreement.
Admitted Denied X
"Termination" is not a term defined by the Employment Agreement.
5. The definition of "Termination" as defined in the Employment Agreement
does not cover the resignation of an employee.
Admitted Denied X
"Termination" is not defined in the Employment Agreement.
6. Rodney Yentzer, Il, Vice President of Health Search, Inc., received the
Plaintiffs notice of resignation dated July 10, 2006, by certified mail.
Admitted X Denied
7. A true and correct copy of the resignation received by Mr. Yentzer is
attached hereto as Exhibit "B."
Admitted X Denied
8. The effective date of the Plaintiffs July 10, 2006, resignation was July 24,
2006.
Admitted X Denied
9. As of July 10, 2006, the Plaintiff had $23,820 in receipts for services under
his name with Health Search, Inc.
Admitted x Denied
10. As of July 10, 2006, the Plaintiff was contractually owed commissions
totaling $7,146.
Admitted Denied x
Plaintiff was not owed commissions as his employment was terminated
via his resignation.
11. On July 11, 2006, the Plaintiff met with Mr. Yentzer.
Admitted x Denied
12. On July 11, 2006, Mr. Yentzer orally agreed to pay the Plaintiff the
commissions he was owed.
Admitted Denied x
No such agreement was made.
13. On July 11, 2006, Mr. Yentzer allowed the Plaintiff to make copies of
receipts invoiced under his name.
Admitted x Denied
14. On July 11, 2006, the Plaintiff provided Mr. Yentzer with a letter outlining
the outstanding invoices totaling $23,820.00 and requesting his commission of
$7,146.00.
Admitted Denied x
Mr. Yentzer received the July 11, 2006 letter via mail a day or
so after it was sent by Plaintiff.
15. Rodney Yentzer, II, Vice President of Health Search, Inc., received the
Plaintiff's letter dated July 11, 2006, by certified mail.
Admitted X Denied
16. A true and correct copy of the July 11, 2006, received by Mr. Yentzer is
attached hereto as Exhibit "C."
Admitted X Denied
17. To date, the Defendant has only paid the Plaintiff $3,573.00.
Admitted X Denied
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D, Rauch, Esquire
Counsel for Plaintiff
AS TO ANSWERS: METTE, EVANS & WOODSIDE
By:
Kathryn L.('8-Tmpsofh, EsqutVe
Sup. Ct. I.D. No. 28960
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Telephone
(717) 236-1816 - Facsimile
Attorneys for Defendant
Date:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR
PARTIAL SUMMARY JUDGMENT has been mailed by U.S. Mail to counsel of record
via first class mail, postage pre-paid, this 12th day of March, 2009.
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
Kathryn L. Simpson, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: -? -?. LDZ:::S? _C__
Kevin D. Rauch, Esquire
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
V.
HEALTH SEARCH, INC.,
Defendant.
CIVIL DIVISION
NO. 06-5746 Civil Term
(Jury Trial Demanded)
ORDER
AND NOW, TO WIT, this day of
, 2009, it is hereby
ORDERED, ADJUDGED, and DECREED that the Plaintiffs Motion for Partial Summary
Judgment is GRANTED. The Plaintiff is entitled to $3,573.00 under Count One of his
Amended Complaint.
Distribution to:
BY THE COURT:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
Kathryn L. Simpson, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
William A. Duncan, Esquire
Duncan & Hartman, P.C.
One Irvin Row
Carlisle, PA 17013
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
----------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
Frank Hrestak, Jr.
vs.
Health Search, Inc.
No. 06-5746 , Civil Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Partial Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Kevin D. Rauch, Esquire
(Gue NNaa
Summers, McDonnell, Hudock,hried?reeel, L.L.P.
1017 Mumma Road, Suite 300, Lemoyne, PA 17043
(b) for defendants:
Kathryn L. Simpson, Esquire
(Name and Address)
3401 North Front Street, Harrisburg, PA 17110
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
04/24.109
c
Date: L1?3- \?-o 6
Signature
Kevin D. Rauch, Esquire
Print your name
Plaintiff
Attorney for
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case Is relisted.
?-?
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F 4.3 7 1
IN THE COURT OF COMMON PLEAS OF
FRANK HRESTAK, JR., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION - LAW
HEALTH SEARCH, INC.,
Defendant NO. 06-5746 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this 29th day of May, 2009, after consideration of Motion for Partial
Summary Judgment by Plaintiff Frank Hrestak, Jr. and Defendant's Response thereto, and oral
argument;
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Partial
Summary Judgment is GRANTED. The Plaintiff is awarded the sum of $3,573.00 under Count
1 of the amended complaint.
By the Court,
M. L. Ebert, Jr., J.
- Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
Attorney for the Plaintiff
v Kathryn L. Simpson, Esquire
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Attorney for Defendant
cc o *Es rnak u.L.
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IN THE COURT OF COMMON PLEAS OF
FRANK HRESTAK, JR., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION - LAW
HEALTH SEARCH, INC.,
Defendant NO. 06-5746 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND EBERT, J.
OPINION AND ORDER OF COURT
EBERT, J., May 29, 2009 -
STATEMENT OF FACTS
This action arises out of a dispute over terms of an employment agreement. Plaintiff
Frank Hrestak resides in Harrisburg, Pennsylvania. Defendant Health Search, Inc. ("Health
Search") is a Pennsylvania corporation with its principle place of business located in Carlisle,
Pennsylvania. The parties entered into an employment agreement ("the agreement") on
August 27, 2004. Plaintiff was an employee of Defendant until July 24, 2006. Plaintiff
submitted his resignation letter on July 10, 2006, with an effective date of July 24, 2006. Under
the terms of the agreement, Plaintiff was entitled to a base salary plus 30 percent commission
based on receipts for services invoiced under his name.' As of July 10, 2006, Plaintiff had
$23,830 in receipts for services invoiced under his name for which he had not collected
commissions.
1 Employment Agreement, Exhibit A, 13, subsection b reads as follows: Compensation/Commission. The
Company and Employee agree that the rate of compensation is (30%) commission based on receipts for services
invoiced under Employee name. Fifteen (15%) percent for job order: fifteen (15%) percent forpotentail [sic]
prospect for a possible total of thirty (30%) per billing.
2
PROCEDURAL HISTORY
On September 29, 2006, Plaintiff filed a Complaint for Breach of Contract or,
alternatively, Unjust Enrichment should the Court find that no contract existed between the
parties. Plaintiff claimed that he was entitled to 30% of the $23,830 in receipts invoiced under
his name as of July 10, 2006, and that he had not received these commissions. On October 25,
2006, Defendant filed an Answer and New Matter in which Defendant claimed that Plaintiff had
been paid all commissions due to him, which Defendant claims is 15% of the $23,830 in receipts
invoiced under Plaintiff s name as of July 10, 2006. On November 29, 2007, Plaintiff filed a
Motion to File an Amended Complaint to include a count of invasion of privacy based on
Defendant's continued use of Plaintiff s name in advertising after Plaintiff s separation from
employment. Plaintiff formally filed the Amended Complaint on January 7, 2008. On May 6,
2008, Plaintiff filed a Petition for Appointment of Arbitrators, and on May 8, 2008, the Petition
was granted and three arbitrators were appointed. On December 11, 2008, the arbitrators made
an award for Plaintiff for a total of $3,574, reflecting the additional 15% of commissions. On
January 7, 2009, Defendant appealed the award from the Board of Arbitrators. On March 13,
2009, Plaintiff filed this Motion for Partial Summary Judgment for the Breach of Contract claim
now under consideration.
DISCUSSION
A. Standard of Review
Pursuant to Pa. C.S.A. 1035.2, after the relevant pleadings are closed, a party may move
for summary judgment in two instances:
(1) Whenever there is no genuine issue of any material fact as to a necessary
element of the cause of action or defense which could be established by additional
discovery or expert report, or
(2) If, after the completion of discovery relevant to the motion, including the
production of expert reports, an adverse party who will bear the burden of proof at
trial has failed to produce evidence of facts essential to the cause of action or
defense which in a jury trial would require the issues to be submitted to a jury.
Pa. C.S.A. 1035.2.
The Court may grant summary judgment only when the right to such judgment is clear
and free from doubt. Sebast v. Kakouras, 915 A.2d 1147, 1153 (Pa. 2007). A Court shall enter
judgment whenever there is no genuine issue of any material fact as to a necessary element of
cause of action that could be established by additional discovery. Swords v. Harleysville Ins. Co.,
883 A.2d 562, 566 (Pa. 2005). Summary judgment is meant to eliminate the waste of time and
resources of both litigants and the courts in cases where a trial would simply be a useless
formality. Liles v. Balmer, 567 A.2d 691, 692 (Pa. Super. 1989).
B. Breach of Contract
A breach of contract claim in Pennsylvania requires three elements: (1) the existence of a
contract (2) a breach of a duty imposed by the contract and (3) resulting damages. J.F. Walker
Co., Inc. v. Excalibur Oil Group, Inc., 792 A.2d 1269, 1272 (Pa. Super. 2002), citing Williams v.
Nationwide Mut. Ins. Co., 750 A.2d 881, 884 (Pa. Super. 2000). The parties here clearly entered
into an employment contract and Defendant owed Plaintiff a duty to pay compensation for his
services as defined in the agreement.
Plaintiff Hrestak claims that Defendant breached the terms of the contract when they
failed to pay him 30% of the commissions from receipts totaling $23,830 billed for services
under his name at the time of his resignation on July 10, 2006. Defendant Health Services
argues that when Plaintiff resigned, he "terminated" his employment, and therefore, triggered the
clause in the agreement which reduces commissions owed from 30% to 15% when employment
is terminated.
4
The agreement states that the employee is provided with a base salary and is entitled to
commission based on 30% of receipts invoiced under the employee's name. The disputed
language of the agreement reads "[i]n the event of termination of employment after one (1) year
from the date hereof, employee shall receive One-half of the unpaid commissions earned, after
they have been collected by the Company and the permanency of the placement has been
established. ,2
The next section of the agreement addresses termination. It defines two circumstances
under which the company may terminate the agreement for cause: (1) material breach of any
provision of the employment agreement or any other agreement with the company, or (2)
misconduct as an employee of the company. This section notes that the agreement may also be
terminated upon death of the employee or inability of the employee to perform his duties because
of sickness or accident for a period in excess of (6) months. In reviewing a contract, it is well
settled that a written agreement will be construed against the party preparing it. Central Transp.
Inc., v. Bd. of Assessment, etc., 417 A.2d 144, 149 (Pa. 1980). There is no question that the
"Employment Agreement" was prepared by the corporation, Health Search, Inc. Accordingly,
this Court will construe the agreement against Defendant Health Search. Courts do not assume
that a contract's language was chosen carelessly, nor do they assume that the parties were
ignorant of the meaning of the language they employed. Murphy v. Duquesne University Of The
Holy Ghost, 777 A.2d 418, 429 (Pa. 2001), citing Steuart v. McChesney, 444 A.2d 659, 662 (Pa.
1982).
2 Employment Agreement, Exhibit A, ¶ 3, subsection b.
5
The Termination Clause in the employment agreement reads as follows:
4. TERMINATION
a. The Company mgY terminate this Agreement for cause upon at least
thirty (30) days written notice to the Employee, which cause shall be determined in
good faith within the sole discretion of the Company. "Cause" for termination may
include, but shall not be limited to the following conduct of the employee:
aa. Material breach of any provision of this Agreement or any other agreements
with the Company;
bb. Misconduct as an employee of the Company...
Clearly in this "termination" section, the act of terminating the agreement is in the hands
of the company and that the grounds for such termination must be "cause." Accordingly,
Plaintiff's action of resigning effective July 24, 2006, was an action taken by the Plaintiff
employee not the company. Nothing in the record of this case ever indicates that the company
took any action to terminate the agreement for cause. Defendant argues that the methods of
termination listed in the agreement are not the exclusive ways in which employment can be
terminated. Defendant further argues that the dictionary definition of "termination" simply
means "to bring to an end" and that therefore even a voluntary resignation of an employee
triggers the reduction in commission from 30% to 15% as set forth in the agreement. Plaintiff
argues that he resigned voluntarily and that this section does not apply to him because his
employment was not terminated by the company.
As a sophisticated corporate employer, Defendant must have anticipated that employees
who resign voluntarily would expect to claim the full 30% commission of any services billed to
their name but not collected at the time of their resignation. Defendant Health Services had the
opportunity when drafting the agreement to clearly define all possibilities under which
employment would be considered "terminated." Because Defendant specifically addressed
6
"termination" in a section of the agreement following the terms of compensation, and, construing
any ambiguity against Defendant as drafter, this Court finds that termination does not include
resignation by employee.
If termination were to include resignation, it would leave employees in the unfortunate
position of never being able to collect unpaid commissions which they earned during their course
of employment. It is unfair and unreasonable to expect that an employee would not be able to
collect all of the unpaid commissions due to them upon resignation. Under Defendant's
interpretation, faithful employees who resign would forfeit half of their earned commission just
as those who are terminated for cause based on misconduct or breach of agreement. Health
Search's attempt to apply Pennsylvania Unemployment Compensation law to this situation is
simply not persuasive. Unemployment Compensation is paid to employees who lose their jobs
as a result of no fault of their own. Thus, if you voluntarily quit a job, the state should not be
obligated to pay you compensation as a result of your own choice not to work. While a person
who voluntarily resigns or quits a job is not entitled to unemployment compensation, no one
would dispute their right to be paid for any work they did up until the time they resigned.
Plaintiff Hrestak gave proper two weeks notice and believed this was all that was
necessary to resign properly and still be entitled to the 30% commission of receipts billed under
his name until the date of his resignation. The employment agreement addressed the conditions
of termination under which an employee's commission would be reduced by half, and Plaintiff
did not meet any of these conditions by resigning. There is no question of material fact to be
considered, as it is clear that the employment agreement limiting the commission paid to
employees after termination only applies to termination under conditions specified in the
7
agreement. Accordingly, Plaintiff's Motion for Partial Summary Judgment is GRANTED and
the following order shall be entered:
ORDER OF COURT
AND NOW, this 29th day of May, 2009, after consideration of Motion for Partial
Summary Judgment by Plaintiff Frank Hrestak, Jr. and Defendant's Response thereto, and oral
argument;
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Partial
Summary Judgment is GRANTED. The Plaintiff is awarded the sum of $3,573.00 under Count
1 of the amended complaint.
By the Court,
)k:l ? ?1 -
M. L. Ebert, Jr., J.
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel, L.L.P.
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
Attorney for the Plaintiff
Kathryn L. Simpson, Esquire
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR. CIVIL DIVISION
Plaintiff,
NO. 06-5746 Civil Term
V.
PRAECIPE FOR WRIT OF EXECUTION
HEALTH SEARCH, INC.
Defendant. (Jury Trial Demanded)
Filed on Behalf of the Plaintiff
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#14871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANK HRESTAK, JR.
Plaintiff,
V.
HEALTH SEARCH, INC.,
Defendant.
CIVIL DIVISION
NO. 06-5746 Civil Term
(Jury Trial Demanded)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter,
(1) directed to the sheriff of Cumberland County;
(2) against Health Search, Inc., Defendant; and
(3) against (No Garnishee), Garnishee;
(4) and enter this Writ in the judgment index
(a) against Health Search, Inc., Defendant, and
(b) against (No Garnishee), as Garnishee,
anq ahcl a it o oow
as a lis pendens against real property of the Defendant in name of Garnishee as
follows: No Garnishee
(5) Amount due $ 3,573.00
Interest from May 29, 2009 $ 35.73
Costs to be added $ 329.50
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: -*--/l
Kevin D. Rauch, Esquire
Counsel for Plaintiff
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T-440 P.001 F-236
!243 York Road
"e-alith'i Sea ?Carhslo, PA 170:13.r h phone>: 800.650.1001
Naticonal Healthcare Placement fax - 7 1'7.245.2828
Faxing To: Kevin Rauch From: Hayley Jo Swartz
Attn: Kevin Date: June 30, 2005
Subject: Non-compete
Fax: 920-9129 Email: hayleyjo@healthsearchrt.com
Total pages, including cover: 7
Thanks for your help.
Hayley Jo Swafz
f-t;t J ! ??jo Swq'rtz
Recruiter
Heafth Search, Inc.
800.650.1001
fax: 717-245-287.8
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-5746 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FRANK HRESTAK, JR. Plaintiff (s)
From HEALTH SEARCH, INC., 243 YORK ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,573.0
Interest FROM 5/29/09 $35.73
Arty's Comm %
Arty Paid $456.00
Plaintiff Paid
Date: 8/5/09
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs TO BE ADDED $329.50
2"&-'5q5L 4a
s R. Long, o ryBy:
Deputy
REQUESTING PARTY:
Name KEVIN D. RAUCH, ESQ.
Address: SUMMERS, McDONNELL, HUDOCK, GUTHRIE AND SKEEL, L.L.P
100 STERLING PARKWAY, SUITE 306
MECHANICSBURG, PA 17050
Attorney for: PLAINTIFF
Telephone: 717-901-5916
Supreme Court ID No. 83058
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Sheriffs Office of Cumberland County
?$xtitp ofum6rrry0
OMCE Off -I SHERIFF
OF THE
2009 SEA 18 AH 10- 2-1
CUM /r
r.. 14111
Frank Jr Hrestak Case Number
vs.
Health Search, Inc. 2006-5746
SHERIFF'S RETURN OF SERVICE
08/19/2009 10:10 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 19, 2009 at 0950 hours, he served a true copy of the within writ of execution, upon the defendant,
to wit: Health Search, Inc., by making known unto Rod Yentzer, Vice-President and Adult in Charge, at
243 York Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same. Upon serving the writ of execution,
Mr. Yentzer paid $ 4,513.35 to Deputy Worthington.
09/18/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED.
SHERIFF COST: $119.12
September 18, 2009 ? al/P16 y 9_
SO ANSWERS,
/r
R THOMAS KLINE, SHERIFF
B
aron R. Lant
"" * 5
C.r. 7i9 9F
d zsd 3 ? 9
WRIT OF EXECUTION and/or ATTACHMENT
! COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-5746 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FRANK HRESTAK, JR. Plaintiff (s)
From HEALTH SEARCH, INC., 243 YORK ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,573.0
Interest FROM 5/29/09 $35.73
Atty's Comm %
Atty Paid $456.00
Plaintiff Paid
Date: 8/5/09
L.L. $.50
Due Prothy $2.00
Other Costs TO BE ADDED $329.50
- &,a, 4q4"
2z
C is R. Long of ry
(Seal)
REQUESTING PARTY:
Name KEVIN D. RAUCH, ESQ.
Deputy
Address: SUMMERS, McDONNELL, HUDOCK, GUTHRIE AND SKEEL, L.L.P
100 STERLING PARKWAY, SUITE 306
MECHANICSBURG, PA 17050
Attorney for: PLAINTIFF
Telephone: 717-901-5916
By:
Supreme Court ID No. 83058
r
PLAINTIFF
WRIT NO.
Frank Hrestak, Jr.
-vs-
Health Search, Inc.
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 3,573.00
35.73
456.00
329.50
$ 4,394.23
Sheriff's Costs:
Docketing $ 18.00
Poundage 71.46
Law Library .50
Prothonotary 2.00
Service 5.40
Postage 1.76
Advertising
Postpone Sale
Bad Check Charge
Surcharge 20.00
Garnishee
Levy
TOTAL $ 119.12
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff. $
Refund of Adv. Costs
Sheriff's Costs
4,394.23
150.00
119.12
$ 4,513.35
150.00
$ 4,663.35
So Answers:
R.'fhomas Kline,
Sheriff
B
DISTRIBUTION
Frank Hrestak, Jr.
2006-5746