Free Amended Document (NOT Motion/Complaint) - District Court of Arizona - Arizona

EXHIBIT I
Case 2:04-cv-00078-FJM Document 199-13 Filed 04/18/2008 Page 1 of 4

Timothy A. Shimko (PRO HAC VICE) (OSBN 0006736) David A. Welling (PRO HAC VICE) (OSBN 0075934) TIMOTHY A. SHIMKO & ASSOCIATES 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 5 6 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA SHIMKO & PISCITELLI, Plaintiffs, v. 12 13 14 PAUL WOODCOCK, Defendants. STATE OF OHIO ) ) COUTY OF CUYAHOGA ) )
et al., et al.,

Case No. 2:05-cv-01387-JWS AFFIDAVIT

AFFIDAVIT OF TIMOTHY A. SHIMKO SS:

NOW COMES Affiant, Timothy A. Shimko, being first duly sworn, and having knowledge of the facts contained herein and being competent to testify to the matters hereto, states as follows: 1. I am a resident of the State of Ohio and I'm a practicing attorney in that state and at all times 20 21 22 23 24 25 26 career, I have concentrated my practice in the field of civil litigation. 3. I have extensive civil trial experience. I have tried well over a hundred jury trials to completion. In each of the last four years, I have been selected by my peers in the legal profession as one of 1 relevant I maintained my sole place of business in the State of Ohio under the name Shimko & Piscitelli. 2. I have been member in good standing of the bar of the State of Ohio since 1976. For my entire

Case 2:04-cv-00078-FJM

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Northeast Ohio's best lawyers, and last year was selected by my peers as one of Ohio's best lawyers. 4. I am also a Barrister in the Anthony J. Celebreeze Chapter of the American Inns of Court. 5. Defendants, Paul and Bobbi Woodcock, were and are residents of Arizona. 6. The Defendant, Paul Woodcock was at all times relevant an owner, officer and executive of

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CORF Management Services, LP (CMS) and CORF Licensing Services, LP (CLS). 7. The Defendant, Dr. Woodcock, along with others, through limited partnerships were the owners and officers of CMS and CLS. Dr. Woodcock and his partners, at all times relevant, appeared directly involved in the day to day activities of CMS and CLS. 8. Under a consulting agreement, the customers of CLS paid approximately
$125,000

to CLS to

advise and assist the customer in establishing a Medicare approved Comprehensive Outpatient Rehabilitation Facility (CORF).
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9. Demand for CLS' services was generated by advertisements in publications with national distribution and over the internet. 10. In the newspapers and on its website, CLS informed the investing public what a CORF was and what awaited the knowledgeable investor that would open up his or her own CORF. Potential investors were given an e-mail address and a telephone number, by which they could communicate with CLS employees.

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11. Potential investors or customers would generally speak to David Goldfarb, who would expand
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upon the benefits of owning and operating a CORF and answer any questions the customer had.
12. If

the customer remained interested, he or she would be invited to a day long seminar at the

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Troon Country Club, at which they would be addressed by Dr. Woodcock, Dr. Guenther, David

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72. Notwithstanding the fact that Woodcock's ownership in CLS and CMS was structured on paper 2 3 4 as a limited partner, I believe that Woodcock acted as a general partner in CLS and CMS, and that he was also aware that he faced potential personal exposure outside of the envelope of protection that his method of ownership in CLS and CMS provided him. 73. Woodcock and his partners engaged me and my firm to represent them, individually, in anticipated litigation. 74. I provided legal services which were accepted and up to a point paid for; however, my firm and I are still owed $354,949 for the services provided. (Ex. IA.) 10 FURTHER AFFIANT SAYETH NAUGHT. A

TIMOTH Al HIMKO

SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE ON THIS 0./P-r t,.·\ , 2006. DAY OF

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