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HomeMy WebLinkAbout02-2874INTERMEDICAL ASSOCIATES, L.L.C. ENDOSCOPY USA Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C)R - ,,2ov7 CIVIL ACTION - LAW COMPLAINT Plaintiff, InterMedical Associates, L.L.C. ("InterMedical"), through its attorneys, Buchanan Ingersoll Professional Corporation, files this Complaint based upon the following: 1. Plaintiff InterMedical is a Maryland corporation with its principal place of business located in Lutherville, Maryland. 2. Defendant Endoscopy USA ("Endoscopy") is a Pennsylvania corporation with a principal place of business located at 3607 Rosemont Avenue, Suite 201, Camp Hill, Pennsylvania 17011. 3. Plaintiff InterMedical is an employment search finn engaged in the business of securing candidates for employers with specific hiring needs. 4. Defendant Endoscopy operates a medical practice in Camp Hill, Pennsylvania. 5. On or about February 19, 2001, Defendant Endoscopy engaged InterMedical to locate a Practice Administrator for its business. 6. Attached hereto as Exhibit "A" is a tree and accurate copy of the Recruitment Agreement between InterMedical and Endoscopy (the "Contract"). 7. Pursuant to the Contract, Endoscopy was obligated to pay to InterMedical twenty- five percent (25%) of the annual salary for the Practice Administrator as a "Search Fee." 8. A candidate for the position of Practice Administrator, Bernard Lewandowski, was located for Endoscopy by InterMedical in or about March of 2001. 9. Bernard Lewandowski was hired by Endoscopy on or about March 26, 2001, at an annual salary of $85,000.00, resulting in a Search Fee of $21,250.00 due InterMedical under the Contract. 10. installments. 11. 12. 13. 14. The parties subsequently agreed that the Search Fee would be payable in two The first installment of $10,000.00 was due on March 26, 2001. The second installment of $11,250.00 was due on July 1,2001. Endoscopy paid the first installment of $10,000.00 on or about May 4, 2001. InterMedical submitted an invoice to Endoscopy on or about June 1, 2001 in the amount of$11,250.00 for the second installment. 15. Endoscopy has refused to pay the second installment in the amount of $11,250.00. COUNT I BREACH OF CONTRACT 16. InterMedical incorporates by reference paragraphs 1 through 15 as if fully set forth herein, except for those paragraphs that would be inconsistent with this cause of action. 17. Thc Contract obligated Endoscopy to pay InterMedical for all amounts owed under thc terms of the Contract for services rendered, which is currently $11,250.00. 2 18. Search Fee Total -- Adjustment for May 4, 2001 payment -- Total Amount Outstanding -- 19. 20. 21. The breakdown for the sum of$11,250.00 is as follows: $85,000.00 x 25% = $21,250.00 ($10,000.00) $11,250.00 InterMedical has requested payment of the mount owed from Endoscopy. Endoscopy has failed to pay the contractually obligated amount to InterMedical. Endoscopy failure to pay the amounts owed constitutes a breach of the Contract, thereby entitling InterMedical to the relief requested at the conclusion of this Complaint. 22. InterMedical fulfilled its obligations under the Contract. COUNT II UNJUST ENRICHMENT 23. InterMedical incorporates by reference paragraphs 1 through 22 as if fully set forth herein, except for those paragraphs that would be inconsistent with this cause of action. 24. laterMedical has performed under the conditions and terms set forth in the Contract. 25. Endoscopy has benefited fi.om and accepted the services rendered by InterMedical. 26. InterMedical performed with a reasonable expectation of payment fi.om Endoscopy. 27. Endoscopy has failed to pay InterMedical $11,250.00 and has thereby been unjustly enriched. 3 28. Endoscopy retains amounts requested by InterMedical which it is equitably entitled to be paid by its performance of the Contract and the benefit conferred upon and accepted by Endoscopy. 29. The amount in controversy does not exceed the limits for compulsory arbitration set forth in Local Rule 1301-1. WHEREFORE, Plaintiff InterMedical Associates, L.L.C. respectfully requests that the Court grant judgment in its favor against Defendant Endoscopy USA in the amount of $11,250.00, together with interest, attorney's fees, costs of suit and what other relief this Court deems appropriate. DATE: Respectfully submitted, BUCHANAN INGERSOLL P~ONAL CORPORATION Thomas G. Collins, Esquire I.D. No. 75896 One South Market Sq~uare 213 Market Street, 3TM Floor Harrisburg, PA 17101 (717) 237-4800 4 Exhibit A RECRUITMENT AGREEMENT I. Process A. Initial Fact Finding Interview The initial planning phase of the assignment involves a discussion with you. This interview will serve to clarify the needs of your company as well as to get a more intimate "feel" tbr the culture of the organization. As a result, we have a job description profile that describes the skills, experience and personal qualities necessary to fulfill the requirement. B. Research/Candidate Development While our Recruiting Strategy will describe a specific direction for the assignment to follow, the pool of candidates will be broad. One of our signatures is a professional and systematic identification process of organizations and individuals appropriate as potential prospects and/or sources for each assignment. The prospective candidate population is proactively contacted by telephone and is made aware of the opportunity in general terms. These conversations are an exercise in recruiting and evaluating as well as networking. The most attractive prospects in terms of professional experience and skills will be more finely screened, interviewed and evaluated against the job description profile. C. On-site Interviews The initial "slate" of candidat(s) will be presented for you to interview on-site. It is important to note that our research and candidate development efforts continue throughout the process until our final candidate has accepted an offer. Ideally, this initial "slate" will be down to two or three finalists from which a successful hire can be made. This strategy not only serves to maintain the search process momentum but also insures the richest possible pool of candidates from which to evaluate and select. II. Fees and Billings A. The Search Fee InterMedical shall agree that. Client may hire InterMedical employee in exchange for a recruitment fee equal to'~)'~/~f that employee s armuahzed, full-ttme salary. The first installment equal to half the recruitment fee will be due and payable on the selected candidate's start date. The balance will be due and payable wi~ays from selected candidate's start date. ~ I Recruitment Agreement I Staffing Division 5~8~00 B. Expenses InterMedical Associates will be reimbursed for all expenses directly related to this search. Our experience indicates that searches of this type of assignment usually have few direct expenses. C. Guarantee InterMedical Associates' service commitment extends beyond the candidate's acceptance of the position and the final invoice. We believe strongly in the quality of our candidates. It' a candidate whom we have Placed t~ails to meet your expectations or standards within the tlu'ee months of employment, we will re-institute the search, billing only out-of-pocket expenses and incremental fees that result from increased cash compensation. IN WITNESS WHEREOF, this Agreement is executed by each party's duly authorized signature effective as of the date first set forth above. CLIENT: Name: Signature: Date: ADDRESS: INTERMEDICAL ASSOCIATES, LLC Name: ~-~'~ /~~ Signature: ~t'~~ Date: ,,9 ----/9' -'-~'/ ADDRESS: 3607 Rosemont Avenue, Suite 505 Camp Hill, PA 17011 Recruitment Agreement 2 Staffing Division 5/8/00 ~3/fi7/20B1 11:26 7176120126 INTERNEDICAL ASSOG PAGE FAX TRANSMISSION Fax # Subject' INTERI~EDICAL ASSOCI&TE$~ LLC 3607 l~o$¢mont Avenu~ 8ui~ 505. C~p Hill, PA 17011 (717) 612-0124 www. h~edical Date: COMMENTS: 03/87/2001 11:26 7175128126 INTE~MEDICAL A~SOC PAGE 02 InterMedical Associates, LLC JOB ORDER FORM CUSTOMER INFORMATION JO# DAT£..~_./p¢ / g¥ Customer Name; Ordered by: Customer Address: Customer No: Customer Type: Phone No: Fax No: Referral Source: [] Temp-to-Perm JOB INFORMATION [] Temporary Position Desc~ptlon: , Permanent -/~..//~C/- Quantit3':, / Report to Address: Report to Name: g~. I_; ~'~n,*/ Start Date: _~/=~0/0 / Supervisor: , ~epartment: ~,/ ' Directions: ~ ~ /~.~,.,l"'. L.4.,~ ~,, ,, (~.1.,~." '.Al ~11, f~. /¢Ol7 Special Requirements (Dress. et~.): Back,round Check Required? ~]Yes /~No Substance Abuse Testing Required? Hours: ~ .- {'"' Arrival Time: Est. End Date: Phone No: BILLING INFORMATION Bill to Customer Name; ~/'bo5Co~¥ , bl,.I. ,~ . Bill to A~tention: ~../~{~,~ /~k~,/ Employee S,S.# Phooe # Start Date / , ,End Date JOB ORDER STATUS: [~ Filled [] Canceled [] Lost [] On Hold [] Quote O, nly VERIFICATION I verify that the statements made in the foregoing document, of which I have first-hand knowledge, are 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 unworn falsification to authorities. Denise Smith, President Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant INTERMEDICAL ASSOCIATES L.L.C., Plaintiff V. ENDOSCOPY USA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : NO. 02-2874 : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of Rhoads & Sinon LLP and Dean F. Piemiattei as counsel for the Defendant in the above-captioned matter. Date: June 28, 2002 Respectfully submitted, RHOADS & SINON LLP ~'~e~. Piermattei O~ne South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on this 28th day of June, 2002, a true and correct copy of the foregoing Praecipe for Entry of Appeance was served by means of United States mail, first class, postage prepaid, upon the following: Thomas G. Collins, Esquire Buchanan Ingersoll Professional Corporation One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 Teresa L. Paulhamus SHERIFF'S RETURN CASE NO: 2002-02874 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERMEDICAL ASSOCIATES LLC VS ENDOSCOPY USA - OUT OF COUNTY R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT ENDOSCOPY USA but was unable to locate Them deputized the sheriff of YORK , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT & NOTICE , to wit: He therefore Pennsylvania, to On June 28th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Mileage 7.59 Dep York County 23.65 68.24 06/28/2002 BUCHANAN INGERSOLL R~ Thom-as Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~--~ day of ~ ~2~ A.D. ~ ! Proth6not~r~ ' ¥ORKTOWNE BUSINESS F(~MRS' COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. pLAINTIFF/S/ Intermedical Associates LLC Pt.F.A ONl.Y Z T. RU tz 3. DEFENDANT/S/ ~n~o~copy USA SERVE [ 5. NAME~F1N~D~AL~C~MPANY~RP~RAT~N~ET~T~ERVE~RDE~R~PT~N~F~R~PERq-YT~ELEV~ED~Al~ACHED~R~D~ Endoscopy USA 6. ADDRESS (STREET OR RFO W~TH BOX NUMBER, APT NO., CIT~, BORO, TVVR, STATE AND Z~P CODE) AT 370 ~q~int Charles Way York, PA 17402 7. INDICATE SERVICE: ~1 PERSONAL [3 PERSON IN CHARGE J~DEPUTIZE {~L~,.~?,~.~_ ~Mi~U~lC3 Q 1ST CLASS MAIL El POSTED r~ OTHER NOW ,lun~ 19 ,20 D2_ I, SHERIFF OF~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t_hj.~.~ake return~ccording to law. This deputization being made at the request and risk of the plaintiff. ~ ~~~-_~,~ ~'~'f~"' f 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CLl~b~r]_and ADVANCED FEE PAID BY SHERIFF OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the par~ of such deputy or the shedff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof· 9. TYPE NAME and ADDRESS of A~q'ORNEY / ORIGINATOR and SIGNATURE I 10. TELEPHONE NUMBER 11. DATE F~LED THOMAS G. COLLINS, ESQ. I S. MARKET SQU. 3rd FL. I 237-4800 6-13~02 HARRTSRIIRR- PA 171~1 12. SEND NOTICE OF SEF~ICE DOPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed), CUMBERLAND CO, SHI;'R~,FF SPACE BELOW FOR uSE OF THE SHERIFF ~ DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the wdt or complaint as indicated above· R. AHRENS 14. DA~ RECEIVED 6-2~-02 15. E~pi_rlti~r~./?(~dr~J Date 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE~, SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. El I he.~y cer~y and return a NOT FOUND because I am unable to lacste the individual, company, etc. name above· (See remarks below.) 18~`~AM1~A~DT~TLE~F~N-~/~DUA~'~ERVED~L~STADDRESSH~E~F~T~H~WNAB~VE(Re~a[~u~h~pt~De~endant) l~/~e~of/~r~ 20. 3~i~s~rvA 23. AdvanceOosts Po~tage 28. SubTotal 29. Pound 30. Nota~/ ;~t.,~ts 34. Foreign County Costs Service Costs 37. Nota~/Cert, 139. TotalCosts 140, Coss Dueor Refu d 41. AFFIRMED and subscribed to before me this ~ -~ 42 davof JUNE 2002.-43; ~ · ' i fELISSA J, SHAFE R, ry Pu ~, Signature of t~ ¢ ' ~Dep. Shedff ~J ~ ~ Signature of York ~un~ Sheriff WILLIAM M. HOSE 47. DA'rE 6-25-02 49. DATE 51, DATE RECEIVED Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant INTERMEDICAL ASSOCIATES L.L.C., Plaintiff V. ENDOSCOPY USA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : NO. 02-2874 NOTICE TO PLEAD TO: InterMedical Associates L.L.C. c/o Thomas G. Collins, Esquire Buchanan Ingersoll P.C. One South Market Square 213 Market Street, 3ra Floor Harrisburg, PA 17101 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. RHOADS & S.~[i~,ON ~LL~_ By:~ O~ South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Date: July 10, 2002 436218.1 Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant INTERMEDICAL ASSOCIATES L.L.C., Plaintiff V. ENDOSCOPY USA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : NO. 02-2874 : : : : ANSWER WITH NEW MATTER NOW COMES, Defendant, Endoscopy USA, by its attorneys, Rhoads & Sinon LLP, and files with within Answer with New Matter to Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 1 and the same are denied. Proof thereof, if relevant, is demanded at time of trial. 2. Admitted in part; denied in part. It is admitted that Endoscopy USA, Inc. is a Pennsylvania corporation. Defendant's principal and sole place of business is 370 St. Charles Way, York, Pennsylvania. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 3 and the same are denied. Proof thereof, if relevant, is demanded at time of trial. 436167.1 4. Denied. It is specifically denied that Defendant operates, or has ever operated a medical practice in Camp Hill, Pennsylvania. By way of further answer, only Defendant's corporate headquarters were located in Camp Hill, Pennsylvania for a limited period of time. 5. Denied as stated. The Defendant had already begun searching for a practice administrator and placed a classified ad in the local papers. A representative from the Plaintiff saw the ad and called the Defendant and informed Dr. Lifion that they had a candidate which he might want to interview. 6. Denied. The documents attached as exhibit "A" to the Complaint are writings which speak for themselves. By way of further answer, Plaintiff never discussed the alleged Agreement with Defendant, never provided a copy of said "Agreement" to Defendant at the time of transacting its business with Defendant, and Defendant was never asked to sign any Agreement. It was not until December, 2001, that the Defendant even learned of the alleged Agreement, at which time the Defendant was contacted by an attorney on behalf of Plaintiff. The "Agreement" attached to the Complaint does not represent the terms governing the parties' transaction. Rather, the parties verbally agreed that Endoscopy USA would hire Bernard Lewandowski and would pay the Plaintiff a one time fiat fee of $10,000.00. 7. Denied. The allegations in this paragraph are specifically denied for the reasons set forth in paragraph 6 above. 8. Admitted -2- 9. Admitted in part; denied in part. Bernard Lewandowski was hired by Defendant on or about March 26, 2001 at an annual salary of $85,000.00. It is specifically denied that the hiring of Bernard Lewandowski resulted in a search fee of $21,250.00 due Plaintiff. To the contrary, the parties agreed that the fee for the service provided by Plaintiff was a $10,000.00 once and only payment which Defendant duly made in April, 2001. 10. Denied. The allegations in this paragraph are specifically denied for the reasons set forth in paragraph 6 above. 11. Denied. The allegations in this paragraph are specifically denied for the reasons set forth in paragraph 6 above. 12. Denied. The allegations in this paragraph are specifically denied for the reasons set forth in paragraph 6 above. 13. Admitted in part; denied in part. It is admitted that Defendant remitted to Plaintiff $10,000.00 on or about April, 2001 in payment of Plaintiff's invoice #1765. It is specifically denied that this payment constituted an "installment." To the contrary, the parties agreed that the fee for the service provided by Plaintiff was a $10,000.00 once and only payment which Defendant duly made. The invoice, itself, specifically does not indicate that any balance would be due and owing beyond payment of the $10,000.00. 14. Admitted. It is admitted that Defendant received an invoice from Plaintiff on or about June 1, 2001 in the amount of$11,250.00. 15. Admitted with clarification. It is admitted that Endoscopy USA has refused to pay any amount beyond the $10,000.00 originally agreed to by the parties for the service provided by Plaintiff. -3- COUNT I BREACH OF CONTRACT 16. Defendant incorporates herein by reference its answers as set forth in paragraphs 1 through 15 above as if fully set forth herein. 17. Denied. This paragraph contains conclusions of law and does not require a response. To the extent this paragraph contains factual allegations, they are specifically denied for the reasons set forth in paragraph 6 above. 18. Denied. This paragraph contains conclusions of law and does not require a response. To the extent this paragraph contains factual allegations, they are specifically denied for the reasons set forth in paragraph 6 above. 19. It is admitted that Plaintiff has requested payment; however, it is denied that Defendant owes Plaintiff any money for the reasons set forth in paragraph 6 above. Denied. This paragraph contains conclusions of law and does not require a 20. response. 21. response. 22. Denied. This paragraph contains conclusions of law and does not require a Denied. This paragraph contains conclusions of law and does not require a response. By way of further answer, it is specifically denied that the "Agreement" attached to the Complaint is governing the business transacted between the parties for the reasons set forth in paragraph 6 above. -4- COUNT II UNJUST ENRICHMENT 23. Defendant incorporates herein by reference its answers as set forth in paragraphs 1 through 22 above as if fully set forth herein. 24. Denied. This paragraph contains conclusions of law and does not require a response. By way of further answer, it is specifically denied that the "Agreement" attached to the Complaint is governing the business transacted between the parties for the reasons set forth in paragraph 6 above. 25. It is admitted that Endoscopy USA received the benefit of hiring a practice administrator and in return paid the Plaintiff the full contract price of $10,000.00. 26. Denied. It is unknown what the Plaintiff expected; however, based on the discussions between the parties, the Plaintiff could only reasonably have expected to receive $10,000.00. 27. Denied. This paragraph comains conclusions of law and does not require a response. Furthermore, the allegations in this paragraph are specifically denied for the reasons set forth in paragraph 6 above. 28. Denied. This paragraph contains conclusions of law and does not require a response. Furthen,iore, the allegations in this paragraph are specifically denied for the reasons set forth in paragraph 6 above. 29. Admitted. WHEREFORE, Defendant, Endoscopy USA, demands judgment in its favor and against Plaintiff, InterMedical Associates, L.L.C., for an award of costs, and for such other relief as is appropriate. -5- NEW MATTER 20. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 21. Plaintiff's Complaint is barred as full payment has been made to Plaintiff. 22. At all relevant times, the parties fully understood, pursuant to an oral agreement, that the fee for the service provided by Plaintiff to Defendant would be a once and only payment of $10,000.00. 23. The Recruitment Agreement upon which Plaintiff bases its claim was never sent to or signed by Defendant. 24. Plaintiff never requested Defendant to sign the Recruitment Agreement. 25. The Recruitment Agreement was never provided to Defendant until long after the oral agreement was made between Plaintiff and Defendant for a once and only fee of $10,000.00 for the service provided to Defendant by Plaintiff. 26. Plaintiff provided only one candidate for Defendant's consideration and this was on Plaintiff's first contact with Defendant. -6- WHEREFORE, Defendant, Endoscopy USA, demands judgmem in its favor and against Plaintiff, ImerMedical Associates, L.L.C., for an award of costs, and for such other relief as this Court deems appropriate. Date: July 10, 2002 RHOADS & SINON LLP By: .~'~' ~.~'~ ~ ~St~gta~de DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant -7- 07/08/02 MON 09:50 FAX 717 231 6637+ RItOAD$ SINON LLP ~002 VERIFICATION Lester J. Lifton, M.D., deposes and says, subject to the penalties of 15 Pm C.g. § 4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. Lester I. Lift'on, CERTIFICATE OF SERVICE I hereby certify that on this l0th day of July, 2002, a true and correct copy of the foregoing Answer With New Matter was served by means of United States mail, first class, postage prepaid, upon the following: Thomas G. Collins, Esquire Buchanan Ingersoll P.C. One South Market Square 213 Market Street, 3ra Floor Harrisburg, PA 17101 Teresa L. Paulhamus -8- INTERMEDICAL ASSOCIATES, L.L.C. Plaintiff, V. ENDOSCOPY USA Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2874 : : CIVIL ACTION - LAW ANSWER TO NEW MATTER Plaintiff, InterMedical Associates, L.L.C. ("InterMedical"), through its attorneys, Buchanan Ingersoll Professional Corporation, files this Answer to New Matter as follows: 20. Denied. This averment constitutes a conclusion of law requiring no responsive pleading. 21. Denied. This averment constitutes a conclusion of law requiring no responsive pleading. By way of further response, it is specifically denied that "full payment has been made to Plaintiff." 22. Denied. This averment constitutes a conclusion of law requiring no responsive pleading. To the extent that this averment contains factual allegations, it is specifically denied that the parties had agreed to a "once and only payment of $10,000.00." To the contrary, the parties agreed that the Search Fee due Plaintiff would be $21,250.00. 23. Admitted in part and denied in part. It is admitted that Defendant did not execute the Recruitment Agreement. Plaimiff denies that the Recruitment Agreement was not provided to Defendant. By way of further response, the parties agreed that the Search Fee due Plaintiff would be $21,250.00. 24. Denied. By way of further response, Defendant was expected to execute the Recruitment Agreement. 25. Denied. This averment constitutes a conclusion of law requiring no responsive pleading. To the extent that this averment contains factual allegations, Plaintiff denies that the parties had an "oral agreement.., for a once and only fee of $10,000.00." To the contrary, the applicable Search Fee agreed to by the parties was $21,250.00. Plaintiff further denies that the Recruitment Agreement was not timely provided to Defendant. 26. Admitted. By way of further response, it is admitted that the first candidate provided by Plaintiff was accepted and hired by Defendant fulfilling Plaintiff's obligations under the parties' agreement. WHEREFORE, Plaintiff InterMedical Associates, L.L.C. respectfully requests that the Court grant judgment in its favor against Defendant Endoscopy USA in the mount of $11,250.00, together with interest, attorney's fees, costs of suit and what other relief this Court deems appropriate. DATE: July 30, 2002 Respectfully submitted, AN INGERSOLL L CORPORATION Thomas G. Collie's, Esquire I.D. No. 75896 One South Market S~uare 213 Market Street, 3.u Floor Harrisburg, PA 17101 (717) 237-4800 I vcrify that ihe siatc~,¢n~s madc in the forego~n8 document, of'which I have first-hand knowledge, are iruo and correct lo thc bosl of my ?.mowlcdge. inf'o~rrnatiort and belief. understand that false slatemout~ her~in aro made.sub~¢ct to the per, ties of 18 relating to unworn falsification to authorities. DATM: 7/30/02 Denise Smith, Pr~id~nt CERTIFICATE OF SERVICE I do certify that I served a tree and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage repaid, addressed as follows: Dean F. Piermattei, Esquire Rhoads & Sinon, L.L.P. One South Market Square 213 Market Street, 12th Floor Harrisburg, PA 17101 ~'qLGERSOLL CORPORATION Thomas G. Collins, Esquire P.A.I.D. No. 75896 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4843 Date: July 30, 2002 261114[3-1;HBGI INTERMEDICAL ASSOCIATES, L.L.C. ENDOSCOPY USA Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2874 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas G. Collins, Esquire, counsel for the Plaintiff in the above action respectfully request that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $11,250.00, plus interest and costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Dean F Piermattei, Stephanie E. DiVittore, and Thomas G. Collins. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, BUCHANAN INGERSOLL PROFESSIONAL CORPORATION Thomas G. Collins, Esquire I.D. No. 75896 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Plaintiff, Intermedical Associates, L.L.C Date: July 18, 2003 ORDER OF THE COURT AND NOW, foregoing petition,  )~?~ff_5 2003, in consideration of the , Esq., and ' .~ , Esq., are appointed arbitrators, in the above captioned action as prayed for. By the Court, P.J. 2 CERTIFICATE OF SERVICE I, Thomas G. Collins, Esquire, hereby certify that I am this day serving a copy of Plaintiff's Petition for the Appointment of Arbitrators to Defendant Endoscopy USA upon the persons indicated below by United States First Class mail, postage pre-paid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: July 18, 2003 Dean F. Piermattei, Esquire Stephanie E. DiVittore RHOADS & SINON, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Thomas G. Collins 272265-1 ;HBG1 Intermedical Associates, L.L.Co : 1N THE COURT O~ COMMON PLEAS OF Plaintiff : ~ERLAND COUNTY, pENNsYLVANIA v. : NO. 02-2874 Civil TER/V~ Endoscopy USA Defendant : 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 Commonw~Ith~n~ ~t we will d/scharge the duties of our office w/th fidelity. ,~,~d ~ 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 statedO Award for the Plaintiff, Intermedical Associates, L.L.C. in the amount of $1~250.00, Interest and cOSt Of suit. January 27, 2004 NOTICE OF ENTRY OF AWARD Now, the 3~'t'~day of'~l~a ~t~ , 20~, atl~q...:~, P .M., the above award was entered ,upon the docket and notice thereof given/~y mail to the .~rti~eir attorneys. Artibitrators compensation to be ~t~J/5'~, Paid upon appeal: Prothonotary ~C INTERMEDICAL ASSOCIATES, L.L.C. Plaintiff, V. ENDOSCOPY USA Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : _. : No. 02-2874 : : CIVIL ACTION - LAW _. ._ : PRAECIPE TO ENTER JUDGMENT ON COMPULSORY ARBITRATION AWARD To the Prothonotary: Please enter judgment on the award of the arbitrators filed in the above matter on February 3, 2004, the time for appeal having expired, and assess damages in favor of Plaintiff Intermedical Associates, L.L.C. and against Defendant Endoscopy USA as follows: Amount of Award $11,250.00 Interest from January 27, 2004 105.45 Cost of Suit 69.15 Total $11,424.60 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION I.D. No. 75896 213 Market Street Harrisburg, PA 17101 (717) 237-4800 Damages AsTessed as Above:/Q Prothonotary Date: f~t7 ~ o..~c_~ CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by United States mail, postage prepaid, first class as follows: DATE: i¢'a-'''~ Z'ct, 7_ oo M Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire RHOADS & SINON, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Intermedical Associates, L.L.C. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUI~BE~ COUNTY, PENNSYLVANIA v. : NO. 02-2874 Civil TERM : Endoscopy USA : Defendant . OATIt We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitufion of this Commonw~lth~ ~at we will discharge the duties of our office with fidelity. L~ ~ 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 xhal! be separately stated.) Award for the Plaintiff, Intermedical Associates, L.L.C. in the amount of $11~250.00. ,Interest and cost Of suit. '' ''~ Arbitrator, thssents. (insert name r)at ofI e g: *anusry aT, Da~ of Awed: January 27, NOTICE OF ENI'RY OF AWARD Now, the .~y of~,~,J ~.,~ ~/ , 20~ at~:~, ~.M., ~e above awed ~ibi~ators'compensahon to be Paid upon appel: ~omono~