Nicholas Malfitano Oct. 21, 2015, 10:20am


PHILADELPHIA – The plaintiffs in a pending dental firm fraud case have withdrawn their motion for a preliminary injunction to be levied against the defendants.

Per court records and subsequent to a status conference, Philadelphia County Court of Common Pleas Judge Ramy I. Djerassi noted on Monday that an oral motion from plaintiffs Michael Alexander and Adelphia Dental Management of Southampton, plus Affordable Dentistry and Affordable Dentistry of North Philadelphia, both based in Philadelphia, to withdraw their motion for a preliminary injunction had been granted.

The injunction was targeted against defendants Vladislav Polyak and Allan Leyman of Holland, George Hanna of King of Prussia and Marisa Carveli of Philadelphia, for a series of “harmful acts” they allegedly committed against the plaintiffs.

Alexander’s lawsuit, filed in September, states he is the sole shareholder in Adelphia Dental Management. Through his role as their President and Managing Officer, he owns 75 percent of Affordable Dentistry and 45 percent of Affordable Dentistry of North Philadelphia.

The suit also states defendant Polyak owns and operates Allcare Dental Group, based in Philadelphia. Hanna owns 10 percent stock each both in Affordable Dentistry and Affordable Dentistry of North Philadelphia, while Leyman owns 45 percent stock in Affordable Dentistry of North Philadelphia. Carveli is an employee of Allcare Dental Group.

According to the complaint, both Alexander and Leyman purchased their respective shares of Affordable Dentistry of North Philadelphia from Hanna on March 6, and subsequently entered into an agreement to formalize the transactions that day.

However, Alexander asserted in his lawsuit that the defendants “conspired to and engaged in a pattern of destructive, violent and otherwise harmful acts against Alexander, Affordable Dentistry, Affordable Dentistry of North Philadelphia and its employees.”

Alexander specified the acts in question, which included: 

- Polyak allegedly ordering the assault of Affordable Dentistry marketers Paul Johnson, Kahlil Jones and Jones’ friend Amir Stovall;

- Polyak allegedly encouraging his own employees to file a false police report regarding Johnson, Jones and Stovall, saying they were assaulted by the trio of marketers, instead of the other way around.;

- Polyak allegedly sending emails threatening Alexander with bodily harm;

- The defendants allegedly withdrawing $31,000 from Affordable Dentistry’s business account and an unknown amount from Affordable Dentistry of North Philadelphia’s business account with Citizens Bank between Aug. 28 and Sept. 9;

- The defendants allegedly violating the Health Insurance Portability and Accountability Act (HIPAA) by transferring patient files from Affordable Dentistry and Affordable Dentistry of North Philadelphia to Allcare Dental Group; and

- The defendants allegedly removing various equipment and furniture from the Affordable Dentistry and Affordable Dentistry of North Philadelphia offices, as recently as Sept. 8.

Alexander claimed the defendants’ actions have caused him to be unable to operate Adelphia Dental Management, Affordable Dentistry and Affordable Dentistry of North Philadelphia, and protect his business assets and employees from unlawful assault.

Further, Alexander alleged the defendants’ filing of a false police report cost the plaintiffs due to the arrest and incarceration of the dental group’s marketing team, before the felony charges were dismissed due to a lack of evidence and bail was reduced, allowing Johnson, Jones and Stovall to be released from custody.

The plaintiffs are represented by Craig B. Sokolow of Sokolow & Associates, in Philadelphia.

The defendants are represented by Joseph E. Vaughan and Tamara S. Grimm of O’Hagan Law, plus Anthony Gil, all in Philadelphia.

Philadelphia County Court of Common Pleas case 150900506

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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