Loading...
HomeMy WebLinkAbout99-06827=i 2 A $ eel • a Ic o ?? i L ' CIt tT ?i ? t r: DONALD L. DeMUTH PROFESSIONAL 1 IN THE COURT OF COMMON PLEAS MANAGEMENT CONSULTANTS, 1 OF CUMBERLAND COUNTY, Plaintiff 1 PENNSYLVANIA 1 VS. ) CIVIL ACTION - LAW ) ASSOCIATES IN DERMATOLOGY, P.A., 1 NO. 99-6827 CIVIL TERM Defendant I PRAECIPE SIR: Please enter judgment in favor of the Plaintiff, Donald L. DeMuth Professional Management Consultants, Inc., and against the Defendants, Associates in Dermatology, P.A., for the Defendant's default in filing an answer or other response to Plaintiff's Complaint, and in the amount of $10,900.00 plus interest at the lawful rate after 19 February 1998, plus costs of suit, all in accordance with Plaintiff's original Complaint in this matter. I certify that I gave notice to the Defendant of its default, as required by the Rules of Civil Procedure, on 8 May 2000 by mailing to the Defendant the Notice of Default which is attached hereto. 4Samel L. And _ 1 Attorney for Plaintiff Supreme Court ID 17225 525 North 12"' Street Lemoyne, PA 17043 (717) 761-5361 IN THE COURT OF COMMON PLEAS DONALD L. DeMUTH PROFESSIONAL OF CUMBERLAND COUNTY, MANAGEMENT T CONSULTANTS, 1 Plaintiff PENNSYLVANIA 1 1 CIVIL ACTION - LAW VS. 1 NO. 99-6827 CIVIL TERM ASSOCIATES IN DERMATOLOGY, P.A., 1 Defendant CERTIFICATE OF SERVICE ¦ i I hereby certify that on 8 May 2000 1 mailed by U.S. Mail, postage prepaid, a Notice of Default in the form attached hereto and to the addresses set forth therein. Such mailings were not returned undeliverable as of the date of this certificate. i Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12"' Street Lemoyne, PA 17043 (717) 761-5361 Sworn to and subscribed before me this day of June, 2000. __ <L 1 Nota y Public y -- -- --1;pTAF1tP.L S?4L I? LYPWI EHRENFEL0, i%;Otary Public -ry^c °cro. C?rnbeaa!?d Coca!%- ?' ti1v C,orr?misslon E>cdras Aug. 17.2--Co ,i - ii II DONALD L. DeMUTH PROFESSIONAL MANAGEMENT CONSULTANTS, Plaintiff vs. ASSOCIATES IN DERRMArTOnOGY, P.A. Defendant NOTICE OF DEFAUL TO. Associates in Dermatology, P.A. 9430 Turkey Lane Road Suite 202 Orlando, FL 32819 Associates in Dermatology, P.A. c/o Don Wright, Esquire, Registered Agent 145 North Magnolia Avenue Orlando, FL 32801 i DATE: 8 May 2000 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 ) CIVIL ACTION -LAW 1 I N0. 99-6627 CIVIL TERM } and - Associates in Dermatology, P.A. 4930 Turkey Lane Road Suite 202 Orlando, FL 32619 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR AGAINST YOU. UNLESS YOU ACT WITHIN TEN OBJECTIONS To THE DAYS FROM THE DATELOF THIS ENOO CEHA JUDGM NT MAY BE ENTERED AGAINST YOU (10) YOU HAVE A LAWYER WITHOUT SSHOULD TAKE THIS NOTICE TO AOLAWYER AT ONCE. IF YOU DO NOTP OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 xj/ St ??`u SAMUEL L. ANDES ATTORNEY FOR PLAINTIFF 525 NORTH 12TH STREET LEMOYNE, PA 17043 (717) 761-5361 ?I DONALD L. DEMUTH PROFESSIONAL ) IN THE COURT OF COMMON MANAGEMENT CONSULTANTS, ) PLEAS OF CUMBERLAND Plaintiff I COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ASSOCIATES IN DERMATOLOGY, P.A., ) NO. 99-6827 Civil Term Defendant ) PRAECIPE TO THE PROTHONOTARY: Please reinstate the Plaintiff's Complaint in this matter. rJ1 Date Samuel L. Andes Attorney for Plaintiff Supreme Court ID N 17225 525 North 12" Street Lemoyne, PA 17043 (717) 761-5361 _ ?f) • ?? ? ? I" DONALD L. DEMUTH PROFESSIONAL MANAGEMENT CONSULTANTS, Plaintiff VS. ASSOCIATES IN DERMATOLOGY, P.A., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N 0. i5; y G g,?) ? C? NOTICE TO DEFENDANTS NAMED HEREIN: 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 i. A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 I DONALD L. DEMUTH PROFESSIONAL MANAGEMEN"C CONSULTANTS, Plaintiff VS. ASSOCIATES IN DERMATOLOGY, P.A., Defendant COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 941-(,J?7 6-.L t let,. AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and the following Complaint in this matter: 1. The Plaintiff is Donald L. DeMuth Professional Management Consultants, a -ship organized and conducting business under the laws of the Commonwealth of ,Ivania with its principal offices at Suite 106, 207 House Avenue in Camp Hill, Ivania, 17011. 2. The Defendant is Associates in Dermatology, P.A. a professional association zed under the laws of the State of Florida with principal offices for the conduct of its at 4930 Turkey Lake Road, Suite 202, Orlando, Florida, 32619. 3. Plaintiff, at all times relevant to this action, was engaged in the business of providing ;ional management advice and services to medical, dental, and related professionals. 4. At all times relevant to this action, the Defendant was a professional association, "involved in the practice of medicine. j 5. In late 1997, Defendant was engaged in negotiations with Celebration Health Medical Group, Inc., ("Celebration"). regarding Defendant's providing certain medical services and contractor services to Celebration. i it 6. At that time, Defendant was familiar with Plaintiff and Plaintiff's serv ices because !Defendant and Plaintiff have been engaged in similar projects in which Plaintiff had provided :professional services, consultations, and advice to Defendant in various professional matters. 7. In October of 1997, Defendant's representatives contacted Plaintiff and asked Plaintiff to provide professional services, consultations, and advice to Defendant with regard to its negotiations with Celebration. That communication was directed to Plaintiff at its place of business in Cumberland County, Pennsylvania and, during that communication, Defendant :!agreed to compensate Plaintiff for its professional services at the same rate that it had agreed to :!compensate Plaintiff on prior projects. l 8. During the telephone discussion between Plaintiff and Defendant, Plaintiff accepted j Defendant's proposal and agreed to provide the services requested by Defendant in exchange for ?,,?payment pursuant to Plaintiffs normal rates of payment, as proposed by Defendant. j 9. Thereafter, between October of 1997 and February of 1998, at the request of j Defendant and its agents and representatives, Plaintiff provided professional consulting, advice, ,!and other professional services to Defendant with regard to the Celebration matters and negotiations. The professional services, consultations, and advice provided by Plaintiff to !Defendant, included, but were not limited to, the following: A. Plaintiff reviewed various contracts, proposed contracts, and other proposals from Celebration to Defendant and from Defendant to Celebration, including various items of correspondence between representatives of and attorneys for each of the entities; and B. Plaintiff held extensive communications with Defendant regarding the various proposals and the Defendant's response to those proposals; and C. Plaintiff communicated with Celebration and its representatives ii regarding the proposed contracts and the details of the same; and j!. ii i it I? fsAacv ', ? e ___ M, D. Plaintiff researched various legal, accounting, management, and other professional issues and rendered explanations and advice regarding those matters to Defendant. 10. Attached hereto and marked as Exhibit A is an itemized listing of the work done by Plaintiff for Defendant pursuant to the agreement between the parties and the time allocated to each of those tasks. 11. As agreed between Elie parties, Plaintiff charged Defendant for its professional services its normal fees and charges for such services, as those fees and charges were in effect at ;'the time the work was done. As a result, the total amount due to Plaintiff for its services to Defendant is $10,900.00 as of February 1995. 12. Defendant, although accepting the benefit of Plaintiff's work and retaining the same, 'has failed and refused to pay Plaintiff for its services in this matter. 13. Defendant, by its conduct, is indebted to Plaintiff in the amount of S10,900.00 from and after 19 February 1995 and for interest after that date. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of ,$10,900.00 as of 19 February 1995, plus interest at the legal rate thereafter, plus costs of suit. Sam el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12"' Street Lemoyne, PA 17043 (717) 761-5361 r;COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DeMuth, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best n :iof his knowledge, information, and belief. 1 ^? 1 i D nald L. DeMut Sworn to and subscribed before me this OJT S1 Of K)CVX.MLaeA. DONALD L. DI'.\IUT111'ItOFr-SSIO\AL \IANA(:ENIEN'1'CON'SCiLTANTS tillI IF. It%- PROFESSION A I. CENTER \1'I!ST 207 HOUSE. AVENUE IIII.VIIARRISI)URG, IS\ 171111.11105 (717) 711:1-1581 FAX: (717) 73169117 U(IN.\Ln 1. M V UTI I, C.I I.H.C., M.B.A.. C.RA./RE5,'A.R.\'. WILLIAM R. RAUFMAN, Chit, J.D. May 5, 1998 Associates in Dermatology, P.A. 9430 Turkey Lake Road Suite 212 Orlando, FL 32619 ATTN: Carla Peters Fee for consultation on Celebration agreement: 10/18/97-Allyn, review contract 1-1/3 hours 12/17-Spencer, Allyn 2-1/4 10/19-Allyn 3-2/3 hours 12/19-Allyn 213 10/20-review contract I 12/20-Allyn 1-1/4 10/22-Stcele,Allyn 2-I/2 12/22-Allyn I 10/23-Spencer, Allyn /+ 12/31-Spencer, Allyn I 10/24-Allyn /, 1/4/98-Allyn /+ 1-1/4 10/26-Allyn, review Celebration 3-1/3 1/5-Allyn agreement 10/28-Allyn /, 1/6-letter regarding contract I I 1/2-Allyn, Spencer 2 1/7-Allyn /, 1/3 11 /3-Allyn, Spencer 1-3/4 1/12-Spencer `/ 11/4-Allyn II/5-Spencer, Allyn, letter to /, 8-1/2 1/13-Allyn 1/19 draft letter to Spencer , 2-2/3 Steele and Allyn 11/6-Steele / 1/21-AIIyn, draft letter to Spencer '/4 11/7-Allyn / 2/2 - Spencer 'A 11/8-Allyn 1/3 2/3 - Allyn 1 /a 11/10-black lined agreement 6-1/2 216-Allyn 11/3 I1/11-Allyn 2/3 2/8-Allyn / 11/13-Allyn 3-1/4 2/9-Allyn ' 1/3 11/18-review black lined letter 1 2/15 Allyn from Spencer 11/24-Allyn 2/3 2/17-Spencer 1/3 12/5-Spenccr, Allyn 3 2/18 - Allyn-letter to Spencer 2 2/19 - Allyn-letter to Spencer !/ 58.92 hours FEE: S 10.900 i- AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 99-6827 Plaintiff: Donald L. Demuth Professional Management Consultants vs. Defendant: p if l Associates In Dermatology P.A. For .Ir Samuel L. Andes ti `} P.D. Box 168 Lemoyne PA 17043 Received these papers on the 21st clay of February, 2000 at 11:07 am to be served on ASSOCIATES IN DERMATOLOGY P.A. 9430 Turkey Lako Road, Suite 202, Orlando, FL 32819. I, Sheila M. Huff, being duly sworn, depose and say that on the 14th day of March, 2000 at 10:00 am, 1: SERVED the within named corporation by delivering a true copy of Ilia Notice and Complaint Willi the dale and hour endorsed thereon by me to Don Wright, Esquire as Registered Agent of same, pursuant to F.S. 48.091. Comments pertaining to this Service: Not at given address. Attempted at 931 W. Oak Street, Kissimmee, FL. Served on agent Don Wright, Esquire, 145 N. Magnolia Avenue, Orlando, FL. Under penalty of perjury, I declare Ilim I have read the foregoing and that the facts staled in it are true and correct, that I am a Sheriff's Appointed process server in the county in which service was effected in accordance with Florida Statutes, and have no interest in the above action pursuant to F.S. 92.525(2). C i Subscribed and Sworn to before me on the 15111 day of March, 2000 by the affiant who is personally Ohofla M. Huff known to Ma Orange County N . PO 15 i "7 7Z j NOTARY PUBLIC-STATE OF FLO IDA , Our Job Senal Number: 2000001809 ry _ ,1-=111 C,r,lr,l,IJ I'J I: IJJIDJI;LI.v.`rvl.. I' I:ivvav..l.tra l<F.l..•'JS ]ill 17''' PST Field Sheet Priority: STANDARD Field Sheet #2000001809 Date/2112000 Filed 07 am II III II IIII IIIIII II II IIIIII III Court ) r?. (' I ...................... SERVE: ASSOCIATES IN DERMATOLOGY P.A. 0 Turke ke Road, ite 20 Orlando, FL 32819 Zlc{ ??ezS? 3 (? - Uf1 -_ '? I r) SPECIAL INSTRUCTIONS: r ,, t r )?5te t o Attempts Server. ?GhWDr /_???il! Date Time Comments '? l(. ' ? _• 1. .rL' .:It .r( a .. -/ i i? 2`/?_/ /• a , (( ,'. _???;u.c_ /??liL/il 9cT<'?l " - fJ rJ .?..i ,-? 3. l r 4. 5. / 6. 7. / 8. /_ 37)-q looms Actual Service Info fr"' Type: Military? Miles t Served on: h, (Nn sc- it T As: 4 ' fl ' Hours dress: Comments: . r, . ) r 7 4 , Age - Sex M F Race VC Height Additional Addrl 1/2 3 V Courier Case Number: 99-6827 Cumberland Common Pleas Plaintiff Donald L. Demuth Professional Mana Type of Writ: Notice and Complaint Client: Samuel L. Andes Firm: Contact: Phone: (717) 761-5361 I Client Reference Number: I Out of Pocket Costs ,J Weight Hair Glasses Y N Defendant Associates in Dermatology P.A. (< cl ?t1lf tr; ?jl? _7l.CbD C4'N,,,, V I AA 1559 U?L?ear: s,. rr. c:, i, -v,,;, scnei, rwi.. vs:Lu Fax: (717) 761-1435 ASSOCIA'T'ES IN DERMATOLOGY I Our agent on record is Don Wright front Wright, Fullord, Moorehead & Brown, P.A. Any documents that need to be signed and delivered please lorward to their otlice at the address below. Ids Not-fit Magnolia Avenue P.O. Box 2828 Orlando, Florida 32802-2828 rr• '/1 3 7 . r _31i 3 111 ? o A 931 W. Oak St., 4 103 Kis.immee, Fl, 3.17-11 1 Phone: (407) 84(0546 Fax: (-107) 933-1001 7430'1'urkcy lake Road_ #212 Orlando, 1:1. 3281') I'hone: (.1171363-7723 Fay: 1.1117) 30.7155 11;00 I hldiupcr Ave. Sl. Cloud, 11. 3.17w) Phone: (.107) S92-0126 I :n: (.107)892-1133 1750 I LS. I hky 27 N., 8202 I )acenpatl, I I. 33837 Phone: (9-11).121-11 IS I n\: 19-11)121-1;507 Mailiup Address, I'.r ). 1 tox 692u.17 Orlando. 11. 32869 I'houe (800) 827-75-16 I Ii J r SHERIFF'S RETURN - U.S. CERTIFIED MAIL ? e ;ASE NO: 1999-06827 P COUNTY?:omMONWEAOFLCUMBERLANDTH OF PENNSYLVANIA: DEMUTH DONALD L PROFESSIONAL M VS. ASSOCIATES IN DERMATOLOGY A Sheriff or Deputy Sheriff of R. Thomas Kline ' CUMBERLAND County, Pennsylvania, who being duly sworn according to law, served the within named DEFENDANT, ASSOCIATES IN DERMATOLOGY P A by United States Certified Mail postage prepaid, on the 22nd day of November e_ r 1999 , at 1100:00 HOURS, at 4930 TURKEY LAKE ROAD STE 202 ORLANDO, FL 32616 a true and attested copy of the attached COMPLAINT AND NOTICE The returned receipt card was signed by on 0/00/0000. Additional Comments: UNOPENED LETTER WAS RETURNED TO OUR OFFICE MARKED "RETURN TO SENDER, NO SUCH NUMBER" ON 12-10-1999. !! : So answers: Sheriff'sCosts: 18.00 Docketin Certifieg d Mail 5.68 .00 Affidavit 8.00 nomas ine, neri f Surcharge X12/10/1999 ES Sworn an?- subdsayriobfed)to before me this I?«-- FA 9(cvy -/gML•...J ?i--ei Q?n y YOCIIV3 ary [I _T ml% . I W. Lt. cr- W' U I ??1ir V ?I tA4 G ( 117 ? x ll ?IZi '.m ))f JK ?• , t?••'? C?.? is m o J ? S (z 0 ?? E a ;4 o N D X 'O L4 C a 4 O 1 N N }' U X N fa O } ? 7p 3 N O M11 E u u (L) O C 0 0 L N m•? N C\ 7 N m <c \n O m m 11 0 N M Z O <'ti G r J Al w c 1 Co U) 2 0U) =5 _ LL 0 w L C 0 ma i Z.6 ? w 00 v fly 115 1,15 DTI 4:1 Q N X1'1 `b r? 1 aolniaS ldlaaay UlnloEj Sulsn lo{ noA %uu41 N N C D N S t m D> > ? O N d U y V N o Z N h .. a w w c y 3 11 o VOl O C w L) W ? W D y N O U U J:?u ? W o f y d • m D y G ti` y D y y = Z ^? W ui 6 V O rdil _ ? V rn N C N d - O ? ? p _V o N N n: W C C DO D O ? ` ° c ' a ? ? ? ? G . ? c it c V V ,? 3 _ o$ E O 4_O V V ?\ V ? v cn e L O E O o o d E 0: S ° y ? op N N i? ... `o R) n E o odm - o" C nu - ?- c c $? c H ti 'r-I i 2 `c y m 9yi° nt ° N G: - d y E E ujccc ?_ D Q .i F. l y y uj a) i y n E= O y o VL, z a, E y_ ;p rl H c • y U) • • • • • • y Q p U) iIj iG ' yapls aslanai 041 u o palalduioa $'$Tg'a'dgp g7(j3 g i m a m y E u r d7 m "X i N a moA sl I DONALD L. DEMUTH PROFESSIONAL MANAGEMENT CONSULTANTS, Plaintiff VS. ASSOCIATES IN DERMATOLOGY, P.A., Defendant NOTICE 'i TO DEFENDANTS NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 DONALD L. DEMUTI-f PROFESSIONAL MANAGEMENT CONSULTANTS, Plaintiff VS. ASSOCIATES IN DERMATOLOGY, P.A., Defendant COMPLAINT IN TI-IE COUR'T' OF COMMON PI-EAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION -LAW NO. AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and the following Complaint in this matter: 1. The Plaintiff is Donald L. DeMuth Professional Management Consultants, a rship organized and conducting business under the laws of the Commonwealth of ilvania with its principal offices at Suite 106, 207 I-Iouse Avenue in Camp Hill, (lvania, 17011. 2. The Defendant is Associates in Dermatology, P.A. a professional association zed under the laws of the State of Florida with principal offices for the conduct of its ss at 4930 Turkey Lake Road, Suite 202, Orlando, Florida, 32619. 3. Plaintiff, at all times relevant to this action, was engaged in the business of providing sional management advice and services to medical, dental, and related professionals. 4. At all times relevant to this action, the Defendant was a professional association, ved in the practice of medicine. 5. In late 1997, Defendant was engaged in negotiations witli Celebration Health Medical roup, Inc., ("Celebration"). regarding Defendant's providing certain medical set-vices and independent contractor services to Celebration. i G. At that time, Defendant was familiar with Plaintiff and Plaintiff's services because Defendant and Plaintiff have been engaged in similar projects in which Plaintiff had provided professional services, consultations, and advice to Defendant in various professional matters. 7. In October of 1997, Defendant's representatives contacted Plaintiff and asked Plaintiff to provide professional services, consultations, and advice to Defendant with regard to its negotiations with Celebration. That communication was directed to Plaintiff at its place of in Cumberland County, Pennsylvania and, during that communication, Defendant jagreed to compensate Plaintiff for its professional services at the same rate that it had agreed to Icompensate Plaintiff on prior projects. 8. During the telephone discussion between Plaintiff and Defendant, Plaintiff accepted Defendant's proposal and agreed to provide the services requested by Defendant in exchange for payment pursuant to Plaintiff's normal rates of payment, as proposed by Defendant. 9. Thereafter, between October of 1997 and February of 1998, at the request of Defendant and its agents and representatives, Plaintiff provided professional consulting, advice, and other professional services to Defendant with regard to the Celebration matters and negotiations. The professional services, consultations, and advice provided by Plaintiff to Defendant, included, but were not limited to, the following: A. Plaintiff reviewed various contracts, proposed contracts, and other proposals from Celebration to Defendant and front Defendant to Celebration, including various items of correspondence between representatives of and attorneys for each of the entities; and B. Plaintiff hell extensive communications with Defendant regarding the various proposals and the Defendant's response to those proposals; and C. Plaintiff conuaaunicated with Celebration and its representatives regarding the proposed contracts and the details of the same; and D. Plaintiff researched various legal, accounting, management, and other professional issues and rendered explanations and advice regarding those matters to Defendant. 10. Attached hereto and marked as Exhibit A is an itemized listing of the work done by 'Plaintiff for Defendant pursuant to the agreement between the parties and the time allocated to of those tasks. 11. As agreed between the parries, Plaintiff charged Defendant for its professional s its normal fees and charges for such services, as those fees and charges were in effect at Ithe time the work was done. As a result, the total amount due to Plaintiff for its services to (Defendant is $10,900.00 as of February 1998. 12. Defendant, although accepting the benefit of plaintiff's work and retaining the same, (has failed and refused to pay Plaintiff for its services in this matter. 13. Defendant, by its conduct, is indebted to Plaintiff in the amount of $10,900.00 from land after 19 February 1998 and for interest after that date. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of 1$10,900.00 as of 19 February 1998, plus interest at the legal rate thereafter, plus costs of suit. Samuel L. Andes Attorney for Plaintiff Supreme Court ID N 17225 525 North 12`x' Street Lemoyne, PA 170+3 (717) 761-5361 TMUE CCOPY FROM, RECORD in Tustin fq ashar:rt, f rrara unto of my hand anti ma sea! of saiti Dour, at Cart's19, Pa. fhi y day of M , 19 ? Protgaiata l COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF CUMBERLAND ) Donald L. DeMuth, being duly sworn accorcling to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best his knowledge, information, and belief. Sworn to and subscribed before me this CjTl1 clay of '1999. blic. ewvuRasr-u???,yP,?,k ??m'AYoS&v4 Cx.rtsc,7?'niCcunr)•, PA DONALD L. DEMUTH PROFESSIONAL MANAGEMENT CONSULTANTS MIJIF 106 - i'EOFESSIONALCENTEn NEST 2071 MIISE AVCNIIE. CA51I' I I I I. IJ 11 A a It IS1111EG, RI 17011-2305 (717) 763.1580 FAX: (717) 73119117 DONALD 1- 0 a51IrI'n- (-'.It. 111%. M.II.A., C.P.A.,ItE.S./A.as. WILLIAM R.ItAtIFMAA.,].1). May 5, 1998 Associates in Dermatology, P.A. 9430 Turkey Lake Road Suite 212 Orlando, FL 32619 A7TN: Carla Peters Fee for consultation on Celebration agreement: 10/18/97-Allyn, review contract 1-1/3 hours 12/17-Spencer, Allyn 2-1/4 10/19-Allyn 3-2/3 hours 12/19-Allyn 1) 10/20-review contract 1 12/20-Allyn 1.1/4 10/22-Sleele, Allyn 2-1/2 12/22-Allyn I 10/23-Spencer, Allyn % 12/31-Spencer, Allyn I 10/24-Allyn /, 1/4/98-Allyn '/, 10/26-Allyn, review Celebration 3-1/3 1/5-Allyn 1-1/4 agreement 10/28-Allyn /, 1/6-letter regarding contract 1 I 1/2-Allyn, Spencer 2 117-Allyn 11/3-Allyn, Spencer 1-3/4 1/12-Spencer 1/3 11/4-Allyn /, 1/13-Allyn 11/5-Spencer, Allyn, letter to 8-1/2 1/19 draft letter to Spencer 2-2/3 Steele and Allyn 11/6-Steele % I/21-Allyn, draft letter to Spencer 3/J 11/7-Allyn /.- 2/2 - Spencer y, 11/8-Allyn 1/3 2/3-Allyn /, 11/10-black lined agreement 6-1/2 2/6-Allyn y, II/11-Allyn 2/3 2/8-Allyn 1/3 11/13-Allyn 3-1/4 2/9-Allyn y, 11/1 8-review black lined letter 1 2/15 Allyn 1/3 from Spencer 11/24-Allyn 2/3 2/17-Spencer 1/3 12/5-Spencer, Allyn 3 2/18 - Allyn-letter to Spencer 2 2/19 - Allyn-letter to Spencer !/ 58.92 hours FEE: .' 1(1900 I ? Nor 1.9. 2. -'s Ali 'J9. ag SHERIFF'S RETURN - U.S. CERTIFIED MAIL t. f CASE NO: 1999-06827 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEMUTH DONALD L PROFESSIONAL M VS. ASSOCIATES IN DERMATOLOGY P A R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,ASSOCIATES IN DERMATOLOGY P A _ by United States Certified Mail postage prepaid, on the 29th day of December 2000 at 0008:00 HOURS, at 4930 TURKEY LAKE ROAD STE 212 ORLANDO, FL 32619 a true and attested copy of the attached REINSTATED NOTICE & COMP L. Together with NOTI receipt card was signed by 00/00/0000 . The returned on Additional Comments: ITEM RETURNED 1/12/00, NOT SUCH NUMBER AND UNOPENED. Additional Comments . Sheriff's Costs: Docketing 18.00 Service .00 Cert. Mail 5.46 Surcharge 8.00 .00 31.46 rsra vfe rs mas ine Sheriff of Cumberland County Paid by SAMUEL L. ANDES on 01/18/2000 Sworn nd subscribe to before me this day of - u?tw'Lt ,:) t)-A-, A . D . _ i ? t i, 1 W ttl a O m C'4 0 a I•m N Ill 'J v .r P? W M t• M 1 . Cl G M I1. O 'O u y 0 ? E a N C ? M T GG O Y N ! f m U y C i?) m c? ?• m ? u m o ae ,,?- .A r ?- m n m _I m - N - Z o dr J Q t 7 N. m N ?'c ' ? t voi r LL w r C d 0 0 j d 4) o z l> U N 7 w ? 00 i cl, m Ol L D l? I.] i `?S1 t. 11." I r t!n .-v ?M i - NJ . GT: i 1 f I also wish to receive the follow, d SENDER: ing services (for an extra tee): D m O CompIele hems, ad'ot 2101 atle:UO1Wl sen"Cas. y u m Complnle jams 3. .la, and ao cise of this Inrm so that w0 u0n 1.0 Addressee's Address our matter and address an the lev let W p 1 us P t S. `u iu a rin y Card to you. at or, trio back d pace does flat 2. ? Restricted Delivery lhs loimm NO lmnl of me ma'Ipiece. Attach W G to ngle number. permit. O tvnle'flelum Rocelpr Reg119•oO 1na111amcle was dollhe a O,low 5:Bd whom the aNGO was aelrvcrod and the data d u d i ? o a The Relmn Rece?pl-11 show to 2 aclrvelM. 4a. Article Number ??? E . ?? M 3. Article Addressed to: CQE S Associates in Dermatoiogy 4b. Service Type C?Cerrilied ¢' n 4930 Turkey Lake Road f"-- ? Registered ?Insured c I SU i. te 212 32619 ? Express mail ?ReturnRe.WPIfortAertwntliso ?coo F( Orlando, FL livery t D p O e 7. Date a r z Addressee 's Atldress(only it requested and a m) 5. Received 8y: (Print Name1 . tee is paid) ~ t w 6. Signature (Addressee or Agent) t 0 Domestic Return Receipt T to2soseseozzo . 1 H PS Form 3811, December t994 I UNITED STATES POSTAL SERVICE P"t'g 8, Fees LISPS No. G10 Paid I I I ! Firs,-CI: • Print your name, address, and ZIP Code in this box • T L DONALD L. DEMUTH PROFESSIONAL MANAGEMENT CONSULTANTS, Plaintiff VS. ASSOCIATES IN DERMATOLOGY, P.A., Defendant ND ICE TO DEFENDANTS NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW t ? ?''' tnk 77 (_CCwI NO. ' i I YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 TRUE CORY FROM RECORD to Testimony whoreol, I !tire unto sit my hand and the sell of said Dow at Cadi_ske. Pa. ihls i0- day GCLh19 r v arothonotfl DONALD L. DEMU'I'I I ) IN TI II'. C(?11R'I' OI; COMMON PROI'ISSIONAI, N,IANACI;Nll:,N'I' ) ITFAS ()l: CU<\d FKI.AND CONSULTANTS, ) C tUN•I'Y, PE..NNSYLVANIA Plaintiff ) is ) C:IVII, AC:I'ION - LAW I ASSOC:IATFS IN Dl?R1.9i1'1'OL(1Cil', ) No, Defendant ) CO_Itil-PLA INT i AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, anti makes the following Complaint in this iliatter: 1. The Plaintiff is Donald L. DeMuth Professional Management Consult:illt$, a i parutcrship organized and con(lucting business under the laws of the Commonwealth of Pennsylvania with its principal offices at Suite 106,207 1 louse Avenue in Camp Hill, I Pennsylvania, 17011. 2. The Defendant is Associates in Dermatology, P.A. a professional association organized under the laws of the State of Florida with principal offices for the conduct of its i business at 4930 Turkey Lake Road, Suite 202, Orlando, Florida, 32619. 3. Plaintiff, :u all fillies relevant to this action, was engaged in the business of providing I I? ;professional management advice and services to medical, dental, and related professionals. ?i I 4. At all times relevant to this action, ill(! Defendant was a professional association, !:involved in the practice of medicine. In late 1997, Defendant was engaged in negotiations with C:clebration Health Medical IlGroup, Inc., ("Celebration"). regarding Ucfeudant's providing certain nudical sen•iceS :uttl :'independent Contractor services u, C dcbr.uion. i II ,I ft 1 G. At that tittle, Defendant was Luniliar Willi Plaintiff and Plaintiff's services becatISc Defendant and Plaintiff have been engaged in similar projects in which Plaintiff had provided professional services, consultations, and advice to Defendant in various professional matters. 7. In October of 1997, Defendant's representatives contacted Plaintiff and asked Plaintiff to provide professional services, consultations, and advice to Defendant with regard to its negotiations with Celebration. That communication was directed to Plaintiff at its place of business in Cumberland County, Pennsylvania and, during that communication, Defendant to compensate Plaintiff for its professional services at the same rate that it had agreed to compensate Plaintiff on prior projects. 8. During the telephone discussion between Plaintiff and Defendant, Plaintiff accepted Defendant's proposal and agreed to provide the services requested by Defendant in exchange for payment pursuant to Plaintiff's normal rates of payment, as proposed by Defendant. 9. 'T'hereafter, between October of 1997 and February of 1998, at the request of Defendant and its agents and representatives, Plaintiff provided professional consulting, advice, and other professional services to Defendant with regard to the Celebration matters and negotiations. The professional services, consultations, and advice provided by Plaintiff to Defendant, included, but were not limited to, the following: A. Plaintiff reviewed various contracts, proposed cmttracts, and other proposals from Celebration to Defendant ;uul from Defendant to Celebration, including various items of correspondence between representatives of and attorneys for cash of the entities; and B. Plaintiff held extensive communications with Defendant regarding the various proposals and the Defendant's response to tbose proposals; and C. Plaintiff Conlin Lill icated With Celebration and its representatives regarding the proposed contracts :utd the details of the same; and D. Plaintiff researched various legal, accounting, nlanagentent, and other professional issues and rendered explanations :111(1 advice regarding those matters to Defendant. 10. Attached herCto and marked as Gxhibit A is an itemized listing of the work done by Plaintiff for Defendant pursuant to the agreement between the parties and the time allocated to each of those tasks. 11. As agreed between the parties, I'laimiff charged Defendant for its professional services its normal fees and charges for such services, as those fees and charges were in effect at the time the work was done. As a result, the total 1111011111 due to Plaintiff for its services to Defendam is $ 10,900.00 as of February 1998. 12. Defendant, although accepting the benefit of I'laintiff's work and retaining the same, has failed and refused to pay Plaintiff for its services in this platter. 13. Defendant, by its conduct, is tntlebtCd to Plaintiff in the amount of $10,900.00 from and after 19 February 1998 and for interest after that date. WHEREFORE, Plaintiff demands iudgment against Defendant in the amount of $10,900.00 as of 19 February 1998, plus interest at the legal rate thereafter, plus costs of suit. Sane CI L. Antics Attorney for Plaintiff SuprcnlC COnrt ID N 17325 525 North 121' Street l.ernoyne, PA 170,13 (717) 761-5361 COMMONWEALTH OP PENNSYLVANIA ) ) SS.: COUN'T'Y OF CUMBERLAND ) Donald L. DeMuth, being duly sworn according to law, deposes and says the facts set forth in the foregoing document arc u-ue and correct to the best his knowledge, information, and belief. Ddnalcl L. worn to and subscribed efore me this c51`+) clay f IvC\/.Q r1'i 1 ,t E, '1999. blic. NOYAMAIL AIUYk ROMa Netxy pLbec ?? E4aR Ct:rt,crtvxl Cun+,•• pA I i UIINALII l.. neMll'11'nuFlitiSI WAL NANAG MEN'1'C(INSIICI'AN'I'ti .11 CrRµ N'FSI' tilll'I F. IIIr- PROF SSIM A. 207 InFnSF. AMN111' CASH. IM I-MARRISBURG.PA (717) 76:1.16811 FAX: (717) 7311.9117 110NA1.o 1-IILAfa'1'I I.R.(%. ALa.A. C.P. A.n•.rs,?'1'll'`•. May 5, 1998 wII LIAAI R. HAUFAIAN. (:.1'.A.. 1.11. Associates in Dermatology, P.A. 9430'furkey Lake Road Suite 212 Orlando, FL 32619 MTN: Carla Peters Pce for consultation on Celebration agreement: 10/18/97-Allyn, review contract 10/ 19-Allyn 10/20-review contract 10/22-Steele, Allyn 10/23-Spencer, Allyn 10/24-Ally" 10/26-Allyn, review Celebration agreement 10/28-Allyn 11/2-AIIyn,spencer Il/3-Allyn, spencer 11/4-Allyll 11/5-Spencer, Allyn, letter to Steele and Allyn 11/6-Steele 1117-Allyn I V8-Allyn I 1/10-black lined agreement 11/1 I-Allyll 11/13-Allyn 11/18-review black lined letter front Spencer 11/24-Allyn 12/5-Spencer, Allyn 1-1/3 hours 12/17-Spencer, Allyn 3-2/3 hours 12/19-Allyn I 12/20-Allyn 2-1/2 12/22-Allyn 1/A 12/31-Spencer, Allyn y, Ihl/98-Allyo 3-1/3 1/5-Allyn y, 1/6-1etter regarding contract 2 I/7-Allyn 1-3/4 1/12-Spencer 1/1 1/13-Allyn 8-1/2 1/19 draft letter to Spencer 1/21-Allyn, draft letter to Spencer y, y, 2/2 - Spenccr 1/3 2/3 - Allyn 6-1/2 2/6 - Allyn 213 2/8 - Allyn 3-1/4 2/9 - Allyn 1 2/15 Ally" 2-1/4 2/3 1-1/4 1/A 1-1/4 /. 1/3 'A 2-2/3 3/, /, 'A '/, 1/3 'A 1/3 1/3 2/3 2/17 - Spencer 2 2/18 - Allyn-letter to Spencer 1/7 2/ 19 - Allyn-letter to Spencer 58__92 hours $ I 0 900 w:.?'.?.S.C•C 11:•?:f.4...: ?.? ............. CO1:4i?L IT ......... ELy 2 . .................. PROTHONOTARY n •nd? u? n' 1 .'