Loading...
HomeMy WebLinkAbout09-0582DONALD L. DeMUTH PROFESSIONAL MANAGEMENT CONSULTANTS, Plaintiff vs. GEORGE G. BOCOBO, M.D., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Oq - 5B of ~- V i~ TptM COMPLAINT AND NOW comes the above-named Plaintiff, by its attorney, William R. Kaufman, and makes the following Complaint in this matter: 1. The Plaintiff is Donald L. DeMuth Professional Management Consultants, a partnership organized and conducting business under the laws of the Commonwealth of Pennsylvania with its principal offices at 940 Century Drive, Mechanicsburg, Pennsylvania, 17055. 2. The Defendant is George G. Bocobo, M.D., a physician licensed to practice medicine under the laws of the Commonwealth of Pennsylvania and currently residing at 1228 Lakemont Road, Villanova, Pennsylvania 19085-2104. 3. Venue in this court is proper in that the causes of action plead in this Complaint arose in Cumberland County, and the Plaintiff regularly conducts business in Cumberland County. 4. Plaintiff, at all times relevant to this action, was engaged in the business of providing professional management advice and services to medical, dental, and related professionals. Page 1 of 4 5. At all times relevant to this action, the Defendant was a physician, involved in the practice of medicine. 6. In the summer of 2003, Defendant was involved in litigation with his former employer, and its related entities, alleging wrongful termination of Defendant's employment and of his ownership interests in the employer and such related entities. 7. Defendant contacted Plaintiff and asked Plaintiff to provide certain valuation services in conjunction with such litigation. Plaintiff agreed to perform such services, and in return, Defendant agreed to compensate Plaintiff for such services. 8. In September 2003, the parties executed a formal agreement covering the scope of services to be performed by Plaintiff, and notifying Defendant that Plaintiff s services would be billed to Defendant at a rate of $215 per hour. 9. In 2003 and 2004, Plaintiff provided valuation services under the terms of the written agreement of the parties, as requested by Defendant. 10. Plaintiff billed Defendant over $20,000 for such services, in accordance with the written agreement. 11. Defendant paid Plaintiff all but $20.60 for such services. 12. The services requested by Defendant under the September 2003 written agreement between the parties extended to providing expert testimony when the Defendant's litigation reached trial in 2007. 13. Plaintiff performed these services in accordance with his duties under the terms of said written agreement, as he had done in 2003 and 2004. Page 2 of 4 14. Plaintiff billed Defendant $14,391.32 in an invoice to the client dated June 8, 2007. As of the date of filing this Complaint, as permitted under the parties' written agreement, $12,891.32 remains unpaid. 15. Attached hereto and marked Exhibit "A-1" is the written agreement executed by the parties in September 2003. 16. Defendant, although accepting the benefit of all of Plaintiff s work and retaining the same, has failed and refused to pay Plaintiff for all of its services performed in this matter. 17. Defendant, by its conduct, is indebted to Plaintiff in the amount of $12,911.92 from and after 8 June 2007 and for interest after that date. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,911.92 as of 8 June 2007, plus interest at the legal rate thereafter, plus costs of suit. William R. Kaufman Attorney for Plaintiff Supreme Court ID # 627 940 Century Drive, Suite B Mechanicsburg, PA 17055 (717) 766-7702 Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF CUMBERLAND ) Donald L. 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 of his knowledge, information, and belief. Sworn to and subscribed before me this ~" day of ~.1 , 2009 ~. A ~ Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA A. BENDER, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires September 19, 2011 Page 4 of 4 DONALD L. DEMUTH ) PROFESSIONAL MANAGEMENT ) PENNSYLVANIA CONSULTANTS, Plaintiff v. GEORGE G. BOCOBO, M.D., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 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 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONALD L. DEMUTH PROFESSIONAL MANAGEMENT CONSULTANTS, Plaintiff NO. v. GEORGE G. BOCOBO, M.D., Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the plaintiff Donald L. DeMuth Professional Management Consultants in the above-captioned matter. William R. Kaufman, . I.D. No. 78627 Attorney for Plaintiff nald L. DeMuth Professional Management Consultants 940 Century Drive, Suite B Mechanicsburg, PA 17055 (717) 766-7702 .6p, 0~0 r~ o ~ ~ ~ o ~ ~ ~ ~ mac.,: ~ m Q ~ om, U- !h ~ ' ~ d~ {~~ Q ~ : ~~ 4 z. j~~ ~~17 ~ . ~ - ~ }T `( ~~: ~,, <._ ~-~ :~ ~~