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HomeMy WebLinkAbout02-5990 CIBER, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. NO. ()~ - 7190 NIKHIR KUMAR, CIVIL ACTION - LAW Defendant NOTICE TO DEFEND 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17103 Telephone (717) 249-3166 McNEES, WALLACE & NURICK LLC By 0. A .J AJ.. / -:j(j, -<J J.. LA--, Erika B. Fisher Attorney I.D. No, 87949 James W. Kutz Attorney I.D. No. 47245 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5418 Attorneys for CIBER, Inc. Date: December 17, 2002 CIBER, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NO. Oc2- -- Sq<yo NIKHIR KUMAR, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes CIBER, Inc., by and through its counsel, McNees Wallace & Nurick LLC and files this Complaint against Nikhir Kumar and avers the following in support thereof: I. PARTIES 1. Plaintiff is CIBER, Inc. (hereinafter "CIBER"), a Delaware corporation with its principal place of business at 5251 DTC Parkway, Suite 1400, Englewood, CO 80111. CIBER also has three offices in Pennsylvania, located in Mechanicsburg, Pittsburgh and Philadelphia. 2. CIBER is in the business of providing information technology services for Internet strategy and development. 3, Defendant is Nikhir Kumar ("Kumar"), an adult individual residing at 3405 Woodview Way, Malvern, PA 19355. II. VENUE 4. Venue is appropriate in Cumberland County because the transactions out of which this action arose took place at Plaintiff's office in Mechanicsburg, Cumberland County. III. FACTUAL BACKGROUND 5. On or about August 31, 2001, Nikhir Kumar was hired by CIBER as a Technical Delivery Manager. 6. On August 31, 2001, Kumar and GIBER entered into a series of reimbursement agreements in which Kumar agreed to reimburse GIBER 100% for the following amounts, which he received from GIBER, in the event of his termination within twelve (12) months from the date of his hire: a. Two hundred seventy dollars ($270.00) for the acquisition of his wife's H-4 visa. A copy of this Reimbursement Agreement is attached hereto and incorporated by reference as Exhibit A. b. Sixteen thousand dollars ($16,000.00) in the form of a hiring bonus. A copy of this Reimbursement Agreement is attached hereto and incorporated by reference as Exhibit B. c. Two thousand five hundred dollars ($2,500,00) for relocation expenses. A copy of this Reimbursement Agreement is attached hereto and incorporated by reference as Exhibit G. d. Seven thousand three hundred dollars ($7,300.00) for temporary living expenses. A copy of this Reimbursement Agreement is attached hereto and incorporated by reference as Exhibit D. 7, On September 7, 2001, Kumar and GIBER entered into a written Employment Agreement, which provided (among other things) that Kumar was to reimburse certain funds to GIBER in the event of his termination, in accordance with the terms of the aforementioned reimbursement agreements, in exchange for payments as set forth therein, A copy of the Agreement is attached hereto and incorporated by reference as Exhibit E- 8. Kumar received an additional three thousand twenty-seven dollars and twenty- two cents ($3,027.22) for temporary living expenses from GIBER, which was made subject to the Reimbursement Agreement through the August 31, 2001 Employment Agreement. - 2- 9, Pursuant to established GIBER policy, Kumar also agreed, prior to incurring the expense, to reimburse GIBER one thousand eight hundred forty-six dollars ($1,846.00) for expenses associated with attending Brightspire Training in Galifornia. 10, Nikhir Kumar was terminated for insubordination on May 21, 2002, which was within twelve months of his date of hire, 11. At the time of his termination, Kumar owed GIBER thirty thousand nine hundred forty-three dollars and twenty-two cents ($30,943.22). 12, Four thousand three hundred eighteen dollars and sixty-three cents ($4,318.63) was deducted from Kumar's final paycheck, in accordance with the terms of the reimbursement agreements, in order to satisfy a portion of the debt owed to GIBER 13. On May 17, 2002, Kumar submitted an expense report for four hundred twenty- three dollars and ninety-five cents ($423.95) for expenses incurred during his employment at GIBER This amount was deducted from the total amount owed to GIBER A copy of this expense report is attached hereto and incorporated by reference as Exhibit F. 14. The total principal balance outstanding on these agreements is $26,200.64. 15. According to the terms of the reimbursement agreements, Kumar is contractually obligated to reimburse GIBER for 100% of the funds advanced to him under the terms of the Reimbursement Agreements and has failed and refused to do so. COUNT I BREACH OF CONTRACT 16. The allegations contained in paragraphs 1 through 15 are incorporated by reference as if fully set forth herein. 17. GIBER fulfilled its promises under the reimbursement agreements by transferring the aforementioned sums to Kumar. - 3 - 18. Kumar was terminated for cause on May 21, 2002, which was within 12 months of his date of hire. 19. The total principal balance outstanding on these agreements is $26,200.64. 20. Kumar has not reimbursed GIBER $26,200.64 under the terms of these reimbursement agreements and, therefore, has failed to fulfill his promise under the contracts. 21. Kumar's failure to pay GIBER $26,200,64 according to the terms of the reimbursement agreements constitutes a material breach of the agreements, 22. GIBER has made repeated demands for payment from Kumar and Kumar has continuously refused to make payment. 23, The Agreements provide that, upon breach by Kumar, GIBER is entitled to recover its reasonable attorneys' fees and costs. 24. GIBER has been compelled to hire attorneys to pursue this claim, and is entitled to recover its attorneys' fees and costs from Kumar. WHEREFORE, Plaintiff, GIBER, Inc., demands judgment against Nikhir Kumar in the amount of $26,200.64, which exceeds the amount in controversy for compulsory arbitration in Gumberland Gounty, plus attorneys' fees and costs. COUNT II UNJUST ENRICHMENT In the alternative, Plaintiff pleads as follows: 25. The allegations contained in paragraphs 1 through 24 are incorporated by reference as if fully set forth herein. 26. Kumar received a benefit in the amount of twenty-six thousand two hundred dollars and sixty-four cents ($26,200.64) from GIBER. -4- 27, Kumar has been unjustly enriched by his receipt of the aforementioned payments from CIBER in that he has not fulfilled his bargain by complying with the terms of the Employment Agreement, the reimbursement agreements or established CIBER policies, WHEREFORE, CIBER, Inc. requests judgment for all damages that it has sustained, including, without limitation, $26,200.64, which exceeds the amount in controversy for compulsory arbitration in Cumberland County, plus attorneys' fees and costs, Respectfully Submitted, McNEES WALLACE & NURICK LLC ;-, 1- By I>.A r A1 -f (~A..-!/( ~ Erika B. Fisher Attorney I.D. No. 87949 James W. Kutz Attorney I.D. No. 47245 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5418 "'"' Attorneys for CIBER, Inc. Date: December 17,2002 - 5- ciiber RE~URSEMENTAGREEMENT In consideration of CIDER, Inc' s ("CIDER") loan, advance, or direct payment by CIDER on my behalf, I, as employee, hereby agree that if! terminate my ernployment with CIDER or am terminated by CIDER between the date of execution of this agreeme:nt and the time period checked below, I will reimburse CIDER for such expenses as follows: Date of execution: 'is - ~ i - 0 \ Check Box to Indicate the Reimbursement Obligation of Employee: 00 Option A: If the employee tenninates anytime after execution hereof and within the first twelve (12) months: 100%. If the employee terminates anytime after the first twelve (12) months from the execution hereof, but within eighteen (18) months, the following percentage reimbursement table applies: 13th month - '85% 14th month - 70% 15th month. 55% 16th month - 40% 17th month - 25% 18th month - 10% o Option B: lithe employee tenninates anytime after execution hereof and within the first eighteen (18) months: 100%, If the employee terminates anytime after the first eighteen (18) months from the execution hereof, but within twenty four (24) months, the following percentage reimbursement table applies: 19th month - 85% 20th month - 70% 21st month... 55% 22nd month ... 40% 2300 month - 25% 24th month - 10% Amount Covered by Agreement: Sa.- '10. CO mQ)(.. (Invoices should be attached hereto as soon as available; estimates should be clearly identified if actual amounts cannot be determined.) Purpose of Loan, Advance, or Direct Payment by CIDER: o Education o Agency Fee o Other (please specify): o Training o Relocation o Temp. Living ~ Visa (\-\4-) Pace I 0(2 VenioA 1.0 .~ '/ - cJiber REIMBURSEl\fENT AGREEMENT In consideration oiCmER, Inc's ("CIDER") loan, advance, or direct payment by CmER on my behalf, L as employee, hereby agree that if I terminate my employment with CmER or am terminated by CIDER between the date of execution of this agreerne:nt and the time period checked below, I will reimburse CIDER for such expenses as follows: Date of execution: <3 - 3\-0 I Check Box to Indicate the Reimbursement Obligation of Employee: KI Option A: If the employee terminates anytime after execution hereof and within the first twelve (12) months: 100%. Ifthe employee terminates anytime after the first twelve (12) months from the execution hereof, but within eighteen (18) months, the following percentage reimbursement table applies: 13th month. 85% 14th month - 70% 15th month - 55% 16th month. 40% 17th month - 25% 18th month - 10% o Option B: If the employee terminates anytime after execution hereof and within the first eighteen (18) months: 100%. If the employee terminates anytime after the first eighteen (18) months from the execution hereof, but within twenty four (24) months, the following percentage reimbursement table applies: 19th month - 85% 20th month - 70% 21st month. 55% 22nd month. 40% 23rd month. 25% 24th month - 10% Amount Covered by Agreement: $-' (Ql 000 .00 (Invoices should be attached hereto as soon as available; estimates should be clearly identified if actual amounts cannot be determined.) Purpose of Loan, Advance, or Direct Payment by CIDER: o Education o Agency Fee []J Other (please specify): o Training o Relocation Jt, ring bonus o Ternp, Living o Visa Page I of2 Vcrsaon 1.0 cmer REIMBURSEMENT AGREEMENT In consideration of CIDER, Inc' s ("CIDER") 10arl, advarlce, or direct payment by CIDER on my behalf, I, as ernployee, hereby agree that if I terminate my employment with CIDER or am terminated by CIDER between the date of execution of this agreement arld the time period checked below, I will reimburse CIDER for such expenses as follows: Date of execution: X'" 31- 0 I Check Box to Indicate the Reimbursement Obligation of Employee: Ij1 Option A: If the employee terminates anytime after execution hereof and within the first twelve (12) months: 100%. If the employee terminates anytime after the first twelve (12) months from the execution hereof, but within eighteen (18) months, the following percentage reimbursement table applies: l3th~onth.... 85% 14th month - 70% 15th month - 55% 16th month - 40% 17th month. 25% 18th month - 10% o Option B: If the employee terminates anytime after execution hereof and within the first eighteen (18) months: 100%, If the employee terminates anytime after the first eighteen (18) months from the execution hereof, but within twenty four (24) months, the following percentage reimbursement table applies: 19th month. 85% 20th month - 70% 21st month - 55% 22nd month - 40% 23rd month - 25% 24th month - 10% Amount Covered by Agreement: $J, '100, CO mat, (Invoices should be attached hereto as soon as available; estimates should be clearly identified if actual amounts cannot be determined.) Purpose of LOarl, Advarlce, or Direct Payment by CIDER: o Education o Agency Fee o Other (please specify): o Training IX! Relocation o Temp, Living o Visa PaGe I 0(2 Vcnionl.O ciiber REIMBURSEMENT AGREEMENT In consideration of CIDER., Inc' s ("CIDER") IOarl, advance, or direct payment by CIDER on my behalf, L as employee, hereby agree that if I terminate my employment with CIDER or am terminated by CIBER between the date of execution of this agreement and the time period checked below, I wilI reimburse CIDER for such expenses as folIows: Date of execution: <g - ~ I..=.Q../ Check Box to Indicate the Reimbursement Obligation of Employee: ~ Option A: If the employee terminates anytime after execution hereof and within the first twelve (12) months: 100%. If the employee terminates anytime after the first twelve (12) months from the execution hereof, but within eighteen (18) months, the following percentage reimbursement table applies: 13th month. 85% 14th month - 70% 15th month - 55% 16th month. 40% 17th month - 25% 18th month - 10% o Option B: If the employee terminates anytime after execution hereof and within the first eighteen (18) months: 100%. If the employee terminates anytime after the first eighteen (18) months from the execution hereof, but within twenty four (24) months, the following percentage reimbursement table applies: 19th month - 85% 20th month - 70% 21st month - 55% 22nd month - 40% 23rd month - 25% 24th month - 10% Amount Covered by Agreement: $1/, ~O.CO mCi.A ' (Invoices should be attached hereto as soon as available; estimates should be clearly identified if actual amounts cannot be determined.) Purpose of LOarl, Advarlce, or Direct Payment by CIBER: D Education D Agency Fee D Other (please specifY): D Training D Relocation lRl Temp. Living DVisa Page I of2 Vmion 1.0 ciber 711-69:1..5500 C:IBER. Inc. ~5(: Wilson Lane ~"'W ~OO MechatllCSDUI'f,. PennsylViln<a 17055 FilJl: 717-l;!;l1-7102 www.cibet.COm August 31, 2001 -Nikhir Kumar 1-1807 River Court JerSeY City, NJ 07310 Dear Nik!1ir. WELCOME ABOARD! CIBER is pleased to confirm our offer for employment as II mCll1ber of our consulting staff in Harrisburg, P A. beginning not later than October 8. 200 I. The termS of the offer are as follows: . Your starting salary will be paid at a rate ofSS,OOO.OO bi-weekly, which if annualized. would be the equivalent oUI30.000.00. Our payroll is pllid bi-weekly, with a one-week delay to llCcommodjUe payroll pRXIcssing. . You are eligible for up to 52.500.00 in relocation assistanCe rowards qualified relocation expel\seS as per CIBER Corporate policy. Relocation reimbursement is subject to CIBER. Inc.' s ReimbUrsement Agreement, Option A and will not be considered additional income if used for qualified relocation expenses per CIBER Corporate policy. Qualified mOVing expenses are categorized by CIBER as traJISPOrtation of household goods to neW residence. Qualified moving expenses do not include security deposits of any kind. deposits paid for rental propertY. leasing of propertY or furniture. utilities. or storage: fees. . Employment is contingent upon approval of your HIB visa. . We will pay for the processing of your wife's H4 Visa. This expense is subject to eIBER Ine's Reimbursement Agreement, Option A. . ClaER Inc. agrees to pay for the proeessing fees of your Green Card to commence three months after your start dare. CIBER will identify the law finn for you to use. You will be responsible for ensuring all necessary paperwork is complete. This expense is subject to CIBER Ine's Reimbursement Agreement, Option A. __)I. You will receive a hiring bonuS ofSI6.000.00 to fulfill the obligation of your previous employer.s Relocation ReimbursCll1ent Agreement. Payment of this bonus is contingent on you providing a comJ2lete copy of the llgI'CCment and documented evidence of payments made to you by your current employer, This bonus is subject to CIBER Inc'S Reimbursement Agreement, Option A. The bonus will be included in your first paycheck. . Temporary Living Expenses-YOU are eligible for a maximum of$I.8oo.00. for the month of October, 2001 limited to apartment rent and car rental. From November 2001 through March 2002 you are eligible for a maximum of $1.1 00.00 per month limited to apartment rent and train fare. Temporary Living expenses are subject to CIBER Inc's Reimbursement Agreement. Option A. These Temporary Living e,,-penses will be reimburSed back to you through CIBER's Expense Reimbursement Report process, Receipts are required for all expense reports. :- ,/ . You arc eligible for 22 d$.ys Paid Time Off ( pro ) for your first through fifth year of service. You cannot take more than 5 days at time during your fll'St 6 months of employment. . This offer is contingent upon you providing CIBER a copy of your current Employment Agreement md after review by CIBER, confmnation by CIBER that there are no non- compete issues. All CIBER. Inc. employment is "at will" for both CmER and its employees. Please refer to CIBER's AppIicationlProflle and Employee Handbook for additionalu:nns and conditions of employmc:nt. Please also be acIvised that as a condition of employment, CIBER may requite you to undergo a credit profile, bonding check. security checlc, and/or drug test. You will be eligible to participate in the l!lDployee benefit pi V&<lW5 fOT straight salaried employees. These benefits generally include participation in our401(k) employee 5il'Iings plan. paid time off, employee life and disability progrmns. and health benefits for you and your dependents. :rbese prograIIls have various start dates and costs; please refer to our Employee Handbook and benefits brochures for more specific details. To c:onfinn your acceptance. please sign and return a copy of this letter and a signed copy of the Employment Agreement md all Reimbursement Agreements wi1l1in five business days in the envelope provided. Again, welcome to ClBER. We look forward to having you as a member of our tec:hnic:a1 staff. Sincerely, ~71- Joseph z.cone Sr. Technical Rec:ruitcr 0"7 ~, :_~""'dayOf-$~.OI Nikhir J(u D40S2J Haraisburg - ~_ Report ......-~Num..., 21833 _I~- lC&miIr, IiIIld1Ir IBSSl """IIIM II): , 18SS1 ~ ......ber: ... .-...,. Ell.. tl _It.-..: ."11"1 J '\II,. _.... ... ....i " L'" No. Dale TWiA ....... Q.Ir '""Oiii! OIT AmI: Bid> RlIIe , " 53: ,~ NeeIIno' MISC U!iD ~ HEWS 53: ~ 2 511412002 ..~: MISC U!iD HfAIS 53: Mar-. MIiIIIna' MI$C USD' .eq.. . HBIlS'. 53: ....... .. 1i/1SI2OO2 ,.... MISC U!iD I!IIpqe HIiAlS 53: ....... 5 . S11~.., ,~ MISC tJSl) ~',:': ~ " ElipensiI MfAlS 53: NoI8I- 6 S/17/2fJ1J2 TnMI: MISC USD l.adgIng , 2OUO 1.11000 . tiIiat: ,",*~~!I,-:., ,., . ~'~i'T.:.;J;'~":~::~r~.~"~~',>,,;,: 1 5I14J2002 41.00 1:??oo 71.00 IJl!1Ol1 3 S/1SI2OlI2 27.A(1 1.??oo " 55.10 1.??oo "". 21.25 1.??oo, . :.t. '".. ",': ,.:. r L........ .,:,.. l\Io, 1 . . .". .~. 01100: HInfstug ~ O4052alNBool: ~ NanBla TIllIs ~, IYnc:r A. 20242 SubmIIIm USD 41.00 I TlIll 71.00 I .; 27.<10 55.10 I 21.2S1 202.20 , <423.95 - 0.00 4ZLI5 ,.' 0;00, n 41.00 Lwldi fot CllnlI ~ ,.... 1bnW. bin OUImet (a., 8nd JIm (IWEl).' WIIIIItcq an \\lite JIlapoAJ, 71.00 WaItlIng DInnlr MIIIIIbr 0IIllI.... NIlHr KInw, o.n 0I*net.1II\a 8aIIet, MIlle . l1mIIIlan. UsI HIs ~ andJm<<ICI...... .. an.- Mner (FIIIIEr) 27<10 WcIMlg Wld11br ~~, DIn OUImet Ca.,. Jmltlcllit.dJo.,ll Qnar NImer '(FlIeNEl).~~, " .." 55.10 lIVcItIIng Dnw MeIItJr QII1lI rr--. .... KIInw, DIn OuImet. Bruce 8iIIIet,. MlIcll ' ~ IJA ,. (ale)"'.Im ......... l anatNln.- (fIIeNE1) . '. . 21.25 CoII'ee far ~ I'IIllIIIe, .... kINr, OM lUnet,. Bruce ~ NIce DI1lIIIon, Usa !~~')lnd.lmRII::I""'IIlQnrNln8-~ . _ ,. 202.20 far Yen .' 2 . , 3 .. 5 6 1I'tIIn" I.~. lm~~~ . GlA .' 79100 , lI5iIoo . .. W4I[I.... ~ :......... . "'" :'~. :.. ~ . -. , . ~. . ;, .:~':.,,: t ~.;1' : : .. ':. .; . "', . " . IllIable ...~/.. . ,,;.~;'f~\..:}.:, " ' -~~;;,....-...." ....r...I',i~""IPf.. .. " " : . . .' . '. .' . . ....', - :-~:".'I..:... "~" .. ~'hfd-{3371WD7-=A.1I~OBIlEoD404J.tm04AAI8391~. .. .:....--..-....-.:;-0:---..-.... VERIFICATION The undersigned, Ann E. Griffiths, states that she is the Vice President/Area Director of Ciber, Inc" that she is authorized to make this Verification on behalf of the Respondent, and that the facts stated in the foregoing Answer are true and correct to the best of her knowledge, information and belief, and that false statements herein are made subject to penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. {A398023:} ., \P\ '. ~ ~ y); (~ ~ ~.. ~ ::::: ~ ~ ';:N '"" ~ ~ ~ ~ ~ ~ (? .. , ) ~ ~~ J OJ :./ /':;? .J ~ CASE NO: 2002...05990 P SHERIFF'S RETURN - OUT OF COUNTY COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIBER INC VS KUMAR NIKHIR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KUMAR NIKHIR but was unable to locate Him In his bailiwick. He therefore deputized the sheriff of CHESTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 24th , 2003 , this office was In receipt of the attached return from CHESTER ,..... 18,00 9.00 10.00 44.59 ,00 81,59 01/24/2003 MCNEES WALLACE So?~~ R, Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep Chester County NURICK Sworn and subscribed to before me Go n this ,)Jr - day of '---f--tu<'-"'7 ;l()v3 A. D . ~1-'- Q !Mdt?" -' ~ Prothonotary o~ / Ai ,3D A<$;oSJ r=~., ();W.~"" (1.2L:!.~599o In The Court of Common Pleas of Cumberland Couuty, PenJ',sylv;iliia Ciber Inc VS. Nikhir Kumar SERVE: same , I N 02 J-f/e:J:J t:c/OO.i:J v/ ;.c-",/ WAy o. /J7/f,- L/ c/f' /U I,?J/l 19' J S-s- 5990 civil Q , ~"'--' Now, December 26, 2002 deputation being made at the request and risk of the Plaintiff ~~' .. ~.,. ,+:;.~ /' ,,. ~.$'<~~-. .~ ~"":""""?t~r:<;j,:p J;;.'J-~...,>:,:~-? .~ ~-.r . ,,.;e',,, ,..~."'.....". " " , I, SHERIFF OF CUMBERLAND COUNTY, ~f, tip , c") hereby deputize the Sheriff of Chester County to execute this wrn, tliis <...'1 Shesr-fttrf>F~d ~1f't /.:(-SI-CO'2- !)ate Affidavit of Service ,20_, at '" /50 .. . t ~I ~ Lf 7 r. c. i' Rp,cClp 110. . I - I ~ -"'3 ~ ~ I H.' ~f) ~.o;"\qrp o'clock . M. served the Pac, Now, ~ within upon at copy of the original by handing to a and made known to the contents thereof. /-;0 AT V2.0p,.,.AlA /-r~4." 3.Ovy>,o. A1~ -lJf ~ /--/It-<<j Ar ':00 1',., 7'V~ ~ W~ :) A~n So answers, /1 STEP~WN R o"O~11 ~h . ~ OD..../{ C/i,e...-TS'? Sheriff of County, P A COSTS SERVICE MILEAGE AFFIDA VIT $ est Chester Boro. Che, or County Y Commission Expires Nov. 24. 2003 $ CffiER, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-5990 NIKHIR KUMAR, Defendant PRAECIPE TO REINSTATE COMPLAINT To: Prothonotary Reinstate the Complaint and return it to counsel for Plaintiff for service outside the Commonwealth. McNEES WALLACE & NURICK LLC B ~ ~) ~t Y ,James W K tz 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: February 5, 2003 Attorneys :fi)r Plaintiff (") c: ~ -ol'fi nln: ~,i!' ~~,., :;; "..C' L-CJ ~C ~ o 0 W ,1 ....,., ", l::O I C'\ -0 :::;;: (,.) .. ::::> (J"I CIDER, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5990 NIKHIR KUMAR, Defendant PRAECIPE TO REINSTATE COMPLAINT To: Prothonotary Reinstate the Complaint and forward Defendant's copy to the Sheriff for another attempt at service. McNEES WALLACE & NURlCK LLC By 9::::w.~u~ Erika B. Fisher 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: March 6, 2003 Attorneys for Plaintiff .__~~""'_""""""""""M......... .". (') 0 C) c w .'n $':. ....... ~".-'.'" "UU' ~~;::iIit nlrn ;;;:CJ Z"'r -' I Z[ G0J .-.J ~ -0 '<: ~('~ ....."".. ..... -(-, $--- N C ;;..:: :...> =< (~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05990 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIBER INC VS KUMAR NIKHIR R. Thomas Kline , Sheriff or Deputy Sh riff who being duly sworn according to law, says, that he made a dil'gent search and and inquiry for the within named DEFENDANT , to wit: KUMAR NIKHIR but was unable to locate Him in his bailiwick. Sheriff's Costs: Docketing Out of County Surcharge Dep Chester County So therefore deputized the sheriff of CHESTER County, nnsylvania, to serve the within COMPLAINT & NOTICE On April 1st , 2003 , this office was in attached return from CHESTER 18.00 9.00 10.00 42.09 .00 79.09 04/01/2003 MCNEES WALLACE R. homas Kline Sheriff of Cumberl County NURICK Sworn and subscribed to before me this q'f:.. day Of~~ :D ;) av-3 A . D . ( 'h~tr. () 1vu,;OI~.J (ad:' I , Prothonotary' "'r-' 1(J: 00 Ne...,- ,0 . f'""'-. H...,,'TI\~ 02. e. u.~e.,qO , f;--/v" I ~ ,,\~ ot <t Umbel", ~~~ : ' tctltq ~~ .~ tJ t~r-<7.; . \ .." &?O,', ,(/1'" .,:' . "M'1~ w'x ~... .~ . (~ if J -4f' t'\l ' '~~'~;':~3 ';;"", ,.iJ; I (("',r .....r SHERIFF'S ,v,:>,:) "Z3 to:: g 10 u n~+1) 3 /8'-t:.!.~_,. va 'I, V ___.---''''-'- $--L.['q..:.~~~_._- \ '<A Receipt No. ~5""" 2 L16~ Last day tb service 1/- t,-C 3, RONNY R, ANDERSON Chief Deputy ~ R. THOMAS KLINE Sheriff TO: Hon. carolyn Welsh Chester County Sheriff RE: Ciber I:nc. VS Nikhir Kumar 02-5990 civil I I i I I dt' I I I I I I I JODY S, SMITH Real Estate Deputy EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 .P ~$"'7t1'1f Enclosed please find Notice and canplaint, reinstated i I I I~ 3)f1 Dear Sir: to be served upon ~ Nikhir Kumar r_1J 3405 wcxxiview Way Malvem,PA 19355 co in your County. c...:l -..J Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. I 7~~ R. Thomas Klin.e, Sheriff Cumberland Co\:nty, Pennsylv 3- z" AT 2:oofP1 AJ ~ >- 1.. &.t A'f \ '2..' "l)~'" IV ~ ,Enclosures: ~ ~~ Gv(l~~ NO ~OltJb Of\)3~ 2.S~o.J ~ OE ~ EjvC>A,JT ~\>vE ' ~SS G vG^" " T'l~eo :::DJ AI 7: JS' Pm rz. ~G?r:iJ In The Co.urt of CO~~~iP~~!~S of Cumberland County, Pennsylvania C~ber Inc.'.~' () 'U, / vs. 200]" /8 SERVE: Nikhir Kumar Nikhir Kumar /0: DD No. 02-5990 civil Now, March 14, 2003 , I, SHERIFF OF CUMBERL COUNTY, P A, do hereby deputize the Sheriff of Chester County to ecute this Writ, this deputation being made at the request and risk of the Plaintiff. I ~r-'/ ~' .r ~<~" _flR~~ Affidavit of Service Now~ ,20_, at o'clock M. served the within It upon at by handing to copy of the original I the ~ontents thereof. a and made known to So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ r $ CIDER, INC., NIKHIR KUMAR, Plaintiff v. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5990 AFFIDAVIT OF SERVICE OF COMPLAINT _i".?~""""'~"""'" :~-~! .... ~,\- . . ,/.-' '\1, '/ '-..:..-...,.~....._......."",....'/ Sm'ice of Process by APS International, Ltd. 1-800-328-7171 Ciber, me" et at, Plaintiff(s) \'s, ~ikhir Kumar, et at, Defendant(s) APS Tnternational Plaza 7800 Glcnroy Rd, Minneapolis, MN 55439.,J 122 AFFIDA VIT OF SERVICE -- Individual Sen'ice of Process on: McNEES, WALLACE & NURTCK Ms, Charmaine O'Hara 100 Pine Street Harrisburg. PA 17108-1166 --Nikhir Kumar Court (:ase No. 02-5990 - "- - --- .-. -- .- - - ".-,- -- -- - - - - - - - - - - - - - - - -- - - - - - - - - - - '.-- -- - --- St;lte of: District of Columbi~ ss. Count~l of: Washington ) Name ofSen'er: Chad Haltom , undersigned, being duly sworn, deposes and says that at the time of senrice, J{he was over the age of twenty-one, was not a party to this action; Date/Time of Service: that on the ~dayof May ,20 fQ..., at 8:58 o'clock ...!...M Place of Service: Documents Sen'ed: Sen'ice of Process on: Person Senced, and lUetbod of Senice: Descril)tion of Person Receh'ing Do{'uments: Signature of Sener: at 33~2 Lauriston Place , cit} of Fairfax , state of Y A .. the undersigned served the documents described as: .~~~~!~~~-_._"'^'-,.,^'_......'^'---_..,..,.........,..,_..._,._..,'^' -,............... ................ .."..... ...,.. .....,...'.......,. ..,...... ........'.......... ........",. ,..-........... A true and correct copy ofthe atoresaid d<X."lUl1ent(s) \vas served on: Nikhir Kumar ............0........... ....... ....u. .....~...... ..........oo...... ...... ...... ....... ............ ... .................n............. u ................. .........oo..........n... ... ....................oo............ ............ ...... ~ By personally delivering them into the hands of the person to be served o By delivering them into the hands of suitable age and discretion residing at the Place of Service, \...hose relationship to the person to be served is , a person of The person receiving documents is described as tollows: Sex.2L..: Skin Color white ; Hair Color black : Facial Hair Approx Age 25 ; Approx. Height 5'6" Approx. Weight 150 [jl To the best of my knowledge and beliet~ said person was not engaged in the US Military at the time of service, Subscribed and sworn to betore me this "OC\+i1\, day Of!\4Jl.~m' 209,2 , I .... ..,J\1lN,Qa,.k\:..~,...Cb:'''':h...:....J....o3J.3,1.1.D, Not<uy Pll~H- (COllUlU~SlOIl F:xprres) APS International, Ltd. APS File #: 059221-0001 o ~~ -of';, rn [".r: ~::;i"~o,." 0-:; , ;.. -. r:i <' -...:;: ." ~k ~=j -( CI (,..1 ~ '- '::~ :: ~t) .....:.i.. : ~~ j ,,) i~;~l .j '0- S':) -< r-.", :.,.) <:0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIBER, INC., Plaintiff Civil Action-Law vs. No. 02-5990 Civil Term NIKHIR KUMAR, Defendant Jury Trial Demanded NOTICE TO PLEAD TO: Ciber, Inc., Plaintiff You are hereby notified that you must file a written response to the attached New Matter and Counterclaim within twenty (20) days of service, or a judgment may be entered against you, Fred H. Hait, ID # 34331 Attorney for Defendant Hait & Puhala, P.C. The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 249...2411 (fax) ANSWER 1. Admitted in information and belief. 2. Admitted. 3. Denied as stated, Defendant's current residence is located in Virginia, 4. Admitted. 5, Admitted. 6, Admitted in part and denied in part. Defendant admits that he agreed to reimburse certain monies, as specified in Exhibit E, including $16,000 that was paid as a hiring bonus, $2,500.00 that he received toward relocation expenses, and $7,300.00 that he received toward temporary living expenses. Defendant denies that the entered into any of the alleged reimbursement agreements attached to the Complaint as Exhibits A, B, C, and D. Moreover, for reasons described more fully in New Matter, Defendant denies that he is obligated to pay Plaintiff anything. 7. Admitted in part and denied in part. Defendant admits that Exhibit E is a copy of an agreement between the parties, Defendant denies that he is obligated to pay Plaintiff anything, for reasons more fully described in New Matter. 8. Denied as stated. The parties never entered into an agreement providing for the repayment of $3,027.22 in additional temporary living expenses. 9. Denied as stated. Defendant never agreed to reimburse Plaintiff for training expenses totaling $1,846.00. 10. Admitted in part and denied in part. Defendant admits that he was terminated 5/21/02, but denies that he was terminated for insubordination, To the contrary, Plaintiff gave Defendant no explanation for the termination. 11. Denied as stated. Defendant would have owed Plaintiff no more that $23,300.00. Defendant denies that he is obligated to pay Plaintiff anything, for reasons explained more fully in New Matter. 12. Admitted. 13. Admitted. 14. Denied as stated. The deductions described in Paragraphs 12 and 13 would have reduced the amount due to a maximum of $18,557.42, if there was 15. Admitted in part and denied in part. Defendant admits he has not paid any of the funds that Plaintiff alleges are due. The remaining allegations of Paragraph 15 are conclusions of law, which require no response. By way of further response, Defendant denies that he is obligated to pay Plaintiff anything, for reasons more fully described in New Matter, 16. Defendant reavers and incorporates by reference his responses to Paragraphs 1 through 15, inclusive. 17, Admitted in part and denied in part. Defendant admits that Plaintiff made the payments alleged in its complaint, but denies that he ever agreed to repay more than $23,300.00, Moreover, Defendant denies that he is obligated to pay anything to Plaintiff, for reasons described more fully in New Matter. 18. Admitted in part and denied in part. Defendant admits that he was terminated 5121/02, which date was within 12 months of his date of hire. Defendant denies he was terminated for cause. To the contrary, Defendant was given no reason for the termination. 19. Denied as stated. Assuming the parties entered into enforceable repayment agreements, the maximum amount Defendant agreed to repay was $23,300.00, which has been reduced to $18,557.42 by setoffs taken by Plaintiff. Defendant denies that he is obligated to pay Plaintiff anything, for reasons described more fully in New Matter, 20, Admitted in part and denied in part. Defendant admits he has not paid Defendant $26,200,64, but denies that he has failed to fulfill promises made under any enforceable contracts with Plaintiff, Assuming the existence of enforceable contracts, the maximum amount due would be $18,557.42, Defendant denies that he is obligated to pay Plaintiff anything, for reasons more fully described in New Matter, 21. The allegations of Paragraph 21 are conclusions of law, which require no response. 22. Admitted. By way of further response, Defendant denies that he is obligated to pay Plaintiff anything, for reasons more fully described in New Matter. 22. Admitted. By way of further response, Defendant denies that he is obligated to pay Plaintiff anything, for reasons more fully described in New Matter. 23. Denied as stated. The alleged agreements, even if otherwise enforceable, contain no provision obligating Defendant to pay Plaintiff's attorney fees. 24. Admitted in part and denied in part. Defendant admits, upon information and belief, the Plaintiff has hired attorneys to act on its behalf. Defendant denies that Plaintiff is entitled to recover its attorney fees from Defendant, because there is no agreement providing that Defendant would be responsible for Plaintiff's attorney fees. WHEREFORE, Defendant requests that the Court dismiss the Complaint, and award such additional relief as may be appropriate under the circumstances, COUNT TWO 25. Defendant reavers and incorporates by reference his responses to Paragraphs 1 through 24. 26. Admitted in part and denied in part. Defendant admits that he receive the monies. any allegation that Defendant is obligated to repay any monies received are conclusions of law, which require no response. By way of further response, Defendant denies that he is obligated to pay Plaintiff anything, for reasons more fully described in New Matter. 27. The allegations of Paragraph 27 are conclusions of law, which require no response. To the extent that a response may be required, Defendant denies that he is obligated to pay Plaintiff anything, for reasons more fully described in New Matter. NEW MATTER 28. The Complaint fails to state a cause of action 29. Even if Defendant entered into all of the agreements alleged by Plaintiff, it would be unconscionable to enforce repayment obligations under the circumstances of this case, where Plaintiff discharged Defendant without cause. WHEREFORE, Defendant request that the Court dismiss the Complaint, and grant such additional relief as may be appropriate under the circumstances, COUNTERCLAIM COUNT ONE 30. Plaintiff on the Counterclaim is Nikhir Kumar, an adult individual. 31. Defendant on the Counterclaim is Ciber, Inc" a corporation which maintains a place of business at 660 Wilson Lane, Mechanicsburg, Cumberland County, Pennsylvania. 32. The averments of Paragraphs 1 through 29 of the foregoing Answer and New Matter are hereby reaverred, and incorporated by reference, 33. Plaintiff on the Counterclaim was employed by Defendant on the Counterclaim from 8/31/2001 through 5/2112002, at a salary of $5,000,00 biweekly. 34. Defendant on the Counterclaim terminated Plaintiff on the Counterclaim from employment on or about 5121/2002, without providing an explanation for the termination. 35. Defendant on the Counterclaim withheld from the final paycheck due Plaintiff on the Counterclaim the sum of $4,318,63, which Defendant on the Counterclaim alleged it was due from Plaintiff on the Counterclaim under what in contended were agreements to repay certain monies of Plaintiff on the Counterclaim left the employ of Defendant on the Counterclaim within 18 months of hire. 36. Enforcement of the alleged repayment agreements would be unconscionable under the circumstances of this case, because Defendant on the Counterclaim discharged Plaintiff on the Counterclaim without cause. 37, Even if the alleged repayment agreements are enforceable, the action of Defendant on the Counterclaim of withholding from Plaintiff on the Counterclaim's paycheck of monies it alleged were due it was a violation of the Wage Payment and Collection Law, 43 P.S. g 260,1 et seq. WHEREFORE, Plaintiff on the Counterclaim demands judgment against Defendant on the Counterclaim for damages in the amount of $4,318.63, reasonable attorney fees pursuant to 43 P.S. g 260.9a(f), interest from 5/2112002, and such additional relief as the Court deems appropriate. COUNT TWO 38. The averments of paragraph 30 through 34, inclusive, are hereby reaverred and incorporated by reference. 39, At the time of his termination, Plaintiff on the Counterclaim was due $3,000,63 in payment for accrued paid time off. 40. The final paycheck issued to Plaintiff on the Counterclaim credited him with payment for only $1,800.38 for accrued paid time off. leaving a balance due of $1.200.25. 41. The failure of Defendant on the Counterclaim to pay Plaintiff on the Counterclaim the full amount due him for accrued paid time off is a violation of the Wage Payment and Collection Law, 43 P,S. g 260.1, et seq, WHEREFORE, Plaintiff on the Counterclaim demands judgment against Defendant on the Counterclaim or damages in the amount of $1,800.38, together with interest from 5121/2002, costs of suit. attorney fees pursuant to 43 P.S. g 260,9(a) (f), and such additional relief as the Court deems appropriate. Fred H, Hait, ID # 34331 Attorney for Nikhir Kumar Hait & Puhala, P.e. 17 East High Street, Suite 101 Carlisle, ~A 17013-3047 (717) 249~451)O 249-2411 (fax) The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 249-2411 (fax) AFFIDAVIT I, the undersigned, verify that the facts set forth in the foregoing Answer, New Matter, and Counterclaim are true and correct, to the best of my knowledge, information, and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Date 0 S )~I Os J~' Nikhir Kumar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIBER, INC., Plaintiff Civil Action-Law vs. No. 02-5990 Civil Term NIKHIR KUMAR, Defendant Jury Trial Demanded CERTIFICATE OF SERVICE I certify that concurrent with filing the foregoing Answer, New Matter. and Counterclaim. I am serving a copy of same upon counsel of record for the Plaintiff by First Class Mail, addressed as follows: Erika B. Fisher. Esq. McNees. Wallace & Nurick, LLC P.O. Box 1166 Harrisburg. PA 17108-5418 ~ Fred H. Hait ID # 34331 Attorney for Defendant Hait & Puhala, P.C. The Well i ngton 17 East High Street, Suite 101 Carlisle. PA 17013-3047 (717) 249-4500/263-7344 249-2411 (Fax) pajoblawfh@earthlink.net Date ~;i;3 ~- ", " ..~.: "~ .... ;0:' ',~ '. , 'i:" ...~ ,:'. (') c> 0 ~,~ (..J '11 '- .-~ "tJ c' ~.~:; -" q: f'r ..,~ F ~ , I iTl / _.',CJ ~ O? ..... ,; [ .:: r~ Co ~~~~ < '<l ,l)7J <, .... () =1: Z '-,,0 ;:i' C) ~ (5m " c:.:.: -I Z :::J :?.. ::;! -.I :Q Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIDER, INC., v. : NO. 02-5990 NIKHIR KUMAR, Defendant REPLY OF CIBER, INC. TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, through its counsel McNees Wallace & Nurick LLC, and hereby files the following Reply to Defendant's New Matter and Counterclaim: 28. Denied. Paragraph 28 avers a conclusion of law to which no response is required. Accordingly, the same is denied. To the extent a response is del:med necessary, it is specifically denied that Plaintiffs Complaint fails to state a cause of action. To the contrary, Plaintiffs Complaint, which is hereby incorporated by reference in its entirety, states several causes of action against Defendant Kumar. 29. Denied. Paragraph 29 avers conclusions oflaw to which no response is required. Accordingly the same are denied. To the extent a response is de:emed necessary, it is specifically denied that it would be unconscionable to enforce the repayment obligations of Kumar, as Kumar specifically agreed to same. It is further denied that Plaintiff discharged Defendant without cause. To the contrary, Defendant was terminated for insubordination, and thus Plaintiffs discharge of Defendant was warranted. By way of further answer, Plaintiffs Complaint and the Exhibits thereto are incorporated by reference in their entirety. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in its favor and against Defendant Kumar, and grant such other relief as this Court deems appropriate. REPLY TO COUNTERCLAIM COUNT ONE 30. Admitted. 31. Admitted in part. By way of further answer, Ciber's Mechanicsburg Office is located at 650 Wilson Lane, not 660 Wilson Lane. 32. Denied. By way of further answer, the averments of Plaintiffs Complaint and Plaintiffs Reply to New Matter are hereby incorporated by reference as iffully set forth. 33. Admitted. 34. Admitted in part and denied in part. It is admitted that Ciber terminated Kumar's employment on or about May 21,2002. It is denied that Kumar was terminated without providing any explanation for the termination. To the contrary, Kumar was informed he was being terminated for insubordination. 35. Admitted in part and denied in part. It is admitted that Ciber held sums of money in the amount of $4,318.63 from Kumar on Kumar's final paychtlck. It is further admitted that Ciber held such monies from Kumar pursuant to an agreement Kumar entered into to repay certain monies if Kumar left the employ ofCiber within 18 months of hire. The remaining averments of Paragraph 35 are denied. By way of further answer, Plaintiffs Complaint is hereby incorporated by reference in its entirety. 36. Denied. Paragraph 36 avers conclusions oflaw to which no response is required. Accordingly, the same are denied. To the extent a response is deemed necessary, it is denied that 2 enforcement of the repayment agreement would be unconscionable, and it is further denied that Kumar was discharged without cause. To the contrary, Kumar was discharged for insubordination. By way of further answer, Plaintiff's Complaint is hereby incorporated by reference in its entirety. 37. Denied. Paragraph 37 avers conclusions of law to which no response is required. Accordingly the same are denied. To the extent a response is d(:emed necessary, it is specifically denied that Ciber's withholding money from Kumar on his final paycheck violates any provision ofthe Wage Payment and Collection Law. By way of further arlswer, Plaintiff's Complaint is hereby incorporated by referenced in its entirety. WHEREFORE, Defendant Ciber requests judgment in its favor on Kumar's counterclaim and further requests judgment in Ciber's favor on Ciber's original Complaint, plus such other other relief as this Court deems appropriate. COUNT TWO 38. The responses to Paragraphs 30-34 above are her,~by incorporated by reference as iffully set forth. 39. Denied. It is specifically denied that at the time of his termination, Plaintiffwas "due" any monies for payment of accrued paid time off, as any such monies would have been subject to a set off from monies due and owing from Ciber to Kumar. By way of further answer, pursuant to Ciber's employment policies, employees are entitled to sixty percent (60%) of their accrued paid time off once their employment ends. Therefore, ofthe total sum of $3,000.63 in time off Kumar had accrued, he was only entitled to be credited with a payment of$I,800.38, which was sixty percent (60%) of the total accrued time off. 3 40. Admitted in part and denied in part. It is admitted Kumar's final paycheck credited him with $1,800.38 for accrued paid time off. It is denied there is any balance due. By way of further answer, paragraph 39 above is incorporated by n~ference as if fully set forth. 41. Denied. Paragraph 41 avers a conclusion of law to which no response is required. Accordingly, the same is denied. To the extent a response is deemed necessary, it is specifically denied that Ciber has violated the Wage Payment and Collection Law in any respect, and it is further denied that Kumar has any amount due for accrued paid time off. By way of further answer, paragraph 39 above is incorporated by reference as if fuHy set forth. WHEREFORE, Ciber respectfully requests this Court enter judgment in its favor with respect to Kumar's Counterclaim, and further requests judgment in its favor on Ciber's original Complaint, plus such other relief as this Court deems appropriate. McNEES VI ALLACE & NURICK LLC BY~[tt. 100 Pine Street P.O. Box 1166 Harlisburg, P A 17108 (717)232-8000 Attorneys for Plaintiff Ciber, Inc. Dated: June 24, 2003 4 JUN"'24-2003 14:29 CIBER-HARRISBURG P,02/02 VERIFICATION Subject to the penalties of 18 Pa, C.S.A. fi4904 relating to un.,worn falsification to authorities, I hereby certify that T am Ann Griffiths, Vice Presidlll\t ofCiber. Inc., and that the facts s<;t forth in the forcgoing Reply to New Malter and Counterclaim are true and cocreclLO the best of my information and belief. Dated: .. -~ .-Tcii'RCP~02" CERTIFICATE OF SERVICE o4~ I, the undersigned, hereby certify that on this 1 day of June, 2003, a true and correct copy ofthe foregoing document was served via United States Mail, First Class, postage prepaid, upon the following individuals: Fred H. Hait, Esquire Hait & Puhala, P.c. The Wellington 17 East High Street, Suite 10 1 Carlisle, PA 17013-3047 ~. (') 0 (') c: C,.,J ." s: '- :r::n -err"! c::: 9.2(:' % - .'J' n1,.- zC" N "-om (j) 1> ."'" ';jO ~:.;.' ')~ <:::C) .." _;.i< I ?Eo ::x 'SiJ5 " ~O r- C')I'TI C ;.:~ -, :;! 0 ~ (.II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIBER, INC. Plaintiff No. 02-5990 Civil Term vs, Civil Action-Law NIKHIR KUMAR, Defendant PRAECIPE TO DISCONTINUE COUNTERCLAIM TO THE PROTHONOTARY: Please mark the counterclaim in this action as settled, satisfied, and discontinued. Fred H. Hait, ID # 34331 Attorney for Nikhir Kumar Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 234-3611 (fax) fhait@sasllp.com ~ ~ ?-\J ~ ~c;J' ~ ~ C> 'S. 2!,! _.--~ . , 1 C') ."- CJ- CO t--'- CIBER, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-5990 NIKHIR KUMAR, Defendant PRAECIPE FOR DISCONTINUANCE WITH PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-captioned action as settled and discontinued with prejudice. McNEES WALLACE & NURlCK LLC By: ames W z, Esquire Attorney J.D. No. 47245 100 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 Dated: May 31, 2006 Attorneys for Plaintiff, Ciber, Inc. DISCONTINUANCE WITH PREJUDICE NOW, this 2~ day of _. Jtu. )€ , 2006, the above captioned action is hereby ended, settled and discontinued with prejudice. PROTHONOTARY: . -," . CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy ofthe foregoing document was served by regular, first-class mail, postage prepaid, upon the following: Fred H. Hait, Esquire Smigel, Anderson & Sacks LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, P A 17110-1778 J=eS~K~'f!f Date: May 31, 2006 .. ~ = t~:) 0..... o -n .-t III rnp -om :00 .:~tl ani --I ?E -< c...... ~~ I N V 3.: CT'