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HomeMy WebLinkAbout01-05246ANYWARE COMPUTERS, INC. IN THE COURT OF COMMON PLEAS OF doing business as "PA NETWORK" :CUMBERLAND COUNTY, PENNSYLVANIA and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation, PLAINTIFF V. ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC., a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual, DEFENDANTS 01-5246 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of September, 2001, a hearing on the within petition for a preliminary injunction shall be conducted at 8:45 a.m., Monday, September 10, 2001, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By Edgar B. Bayley, J. '` :saa '.i l ~~f of i~r~~~~,1 ~~:_~r.~ . rv r ~1 ~ jam' ~~1~~. ti!1 i .. ~ - i:~. ,. SEP D 6 2001V" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. doing CIVIL DIVISION business as "PA NETWORK"'and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.: dl_ 5~~~~ v. COMPLAINT INEQUITY ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGi7EZ, an Individual Defendants 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 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Carlisle, Pennsylvania 17013 NOTICIA USTED HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad a otros derechos importantes para usted. U5TED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Carlisle, Pennsylvania 17013 sEP a s 2001 /~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. doing CIVIL DIVISION business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.: _~~-7y~p v. COMPLAINT IN EQUITY ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants Filed on Behalf of Plaintiff: Counsel of Record for Plaintiff: ROBERT C. MAY, ESQUIRE Pa I.D. #65602 THE LAW FIRM OF MAY & MAY, P.C. 3438 Trindle Road, Suite 201 Camp Hill, PA 17011 (717)612-0102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. CIVIL DIVISION doing business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.: Q~L~~ v. COMPLAINT IN EQUITY ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants COMPLAINT IN EQUITY And Now comes the Plaintiff, and brings the within Complaint in Equity against Defendants Adelphia Business Solutions of Pennsylvania, a Delaware business corporation, and Joseph Rodriguez, an Individual, whereof the following is a statement: 1. The Plaintiff, Anyware Computers, Inc., hereinafter "PA Network", is a Pennsylvania business corporation with a principal business address of 3216 Trindle Road, Camp Hill, Pennsylvania. 2. The Defendant Adelphia Business Solutions of Pennsylvania, Inc., hereinafter "Adelphia", is a Delaware business corporation, which does business in Cumberland County, Commonwealth of Pennsylvania. The Defendant Joseph Rodriguez is a Pennsylvania resident and a General Manager of Defendant Adelphia. 4. PA Network was incorporated in Pennsylvania on February 13, 1995, and is in the business of providing dial-up Internet access to the residents of Cumberland County, Southern Dauphin County, Southern Perry County, Western Lebanon County, and Northern York County, and has provided such dial-up Internet access continuously from May 1, 1997, through the date hereof. 5. At all relevant times, Plaintiff has subscribed to Defendant Adelphia's "Basic Telephone Service" providing the subscriber's to Plaintiff's dial-up Internet service with the seven (7) dial-up access numbers which Plaintiff's subscriber's can call to connect to the Plaintiff's computers, and through Plaintiffs computers, to the Internet. Plaintiff has no other telephone company that provides this service, and will not be able to replace Defendant Adelphia's service unless given adequate time to find another provider. 6. At all relevant times, Plaintiff has paid undisputed charges by Defendant Adelphia or in lieu of payment has offered to make installment payments for Defendant Adelphia's "Basic Telephone Service," pursuant to billing statements generated monthly by Defendant Adelphia. 7. On numerous occasions, Plaintiff has met with and/or spoken on the telephone with numerous representatives of Defendant Adelphia regarding various overcharges and other billing discrepancies. By way of example, Defendant Adelphia charged Plaintiff for outgoing telephone calls on lines which were set up as incoming only telephone calls incapable of making an outgoing telephone call. 8. On or about August 15, 2001, Defendant Adelphia notified Plaintiff by letter, a copy of which is attached hereto, made part hereof and marked Exhibit "A", that its account was past due and would be terminated. 9. As soon as Plaintiff received said August 15, 2001, Plaintiff diligently and systematically began telephoning Defendant Adelphia's Billing Manager, Janet Renna, to clear up the matter and take care of the dispute. 10. Pursuant to the aforesaid August 15, 2001, letter, Plaintiff contacted Defendant Adelphia's Billing Manager, Janet Renna, as instructed by the letter, by telephone on various dates, as well as by letter dated August 29, 2001, a copy of which is attached hereto, made part hereof and marked Exhibit "B", to inquire about the Plaintiff's various disputes with the charges made to Plaintiff by Defendant as well as to arrange for a payment plan as set forth in the August 15, 2001, letter. As set forth in the August 29, 2001, letter, Janet Renna confirmed that Defendant Adelphia would not be terminating the telephone service. 11. Defendant Adelphia's Billing Manager, Janet Renna, in addition to the conversations set forth in the August 29, 2001, letter, was contacted by telephone on or about 10:00 a.m. on Wednesday, September 5, 2001, by the Plaintiffs General Manager, Karen May, at which time Janet Renna assured the Plaintiff's General Manager, Karen May, that Defendant Adelphia's service would not be terminated and that efforts would be made by Janet Renna to correct the overcharges to Plaintiff and negotiate a payment schedule. 12. Defendant Adelphia's Billing Manager, Janet Renna, in addition to the September 5, 2001, telephone conversation at 10:00 a.m., sent to Plaintiffs General Manager, Karen May, on September 5, 2001, at exactly 10:24 a.m., a facsimile showing credits that Janet Renna marked for Karen May's review in the approximate amount of $4,000, a copy of the page from the facsimile showing credits is attached hereto, made part hereof and marked Exhibit "C". 13. In reliance upon the oral statements made by Defendant's General Manager, Janet Renna, in previous telephone conversations and on September 5, 2001, and encouraged by the credits marked by Janet Renna on September 5, 2001, which credits were reasonably interpreted to mean that Defendant Adelphia would acknowledge its past billing errors and make arrangements for a reasonable payment plan with Plaintiff as expressed by Janet Renna on September 5, 2001, and previously, Plaintiff did not call the Pennsylvania Public Service Commission as set forth in the August 15, 2001, letter, which would have allowed Plaintiff to obtain relief from the termination of service, negotiate a reasonable payment plan, and complain both formally and informally about the overcharges and unreasonable termination threatened by Defendant Adelphia. 14. As set forth in the August 15, 2001, letter, Plaintiff refrained from contacting the Pennsylvania Public Service Commission without prior discussion with Defendant Adelphia's Billing Office, and justifiably believed that Adelphia would make good on its Billing Manager's representations regarding correcting overcharges and arranging a reasonable payment schedule for actual charges due. 15. At 4:30 p.m. on September 5, 2001, the Pennsylvania Public Service Commission ended its normal business hours, and at 5:00 p.m. on September 5, 2001, Plaintiff ended its normal business hours. 16. At exactly 5:10 p.m. on September 5, 2001, Defendant Adelphia's Billing Manager, Janet Renna, called Plaintiff's business telephone and left a message marked "emergency" a copy of which is attached hereto, made part hereof and marked Exhibit "D", for Plaintiff's General Manager, Karen May. 17. Shortly after receiving the emergency telephone message, Plaintiff's General Manager, Karen May, called Defendant Adelphia's Billing Manager, Janet Renna, who told Karen May that, notwithstanding her previous representations, Defendant Adelphia would nonetheless be terminating Plaintiff's telephone service on Thursday, September 6, 2001, between the hours of 8:00 a.m. and 4:00 p.m. 18. Defendant Adelphia's Billing Manager, Janet Renna, indicated that she was relaying the message of Defendant Joseph Rodriguez, who is a General Manager at Defendant Adelphia. 19. Defendants Adelphia and Joseph Rodriguez have acted in bad faith in violation of the letter and spirit of Pennsylvania law, and the standards of fair dealing commonly recognized in and among Pennsylvania's business community. 20. As a result of said bad faith, and lack of fair dealing, Plaintiff's ability to provide dial-up access Internet service to its customers was terminated with the termination of Plaintiff s telephone service by Defendant Adelphia acting through Defendant Joseph Rodriguez at the hours of 8:00 a.m. September 6, 2001. 21. Said termination of Plaintiffs dial-up Internet access service will almost certainly result in the abandonment, likely permanently, by Plaintiff s customers to PlaintifF s competitors, and will effectively shut-off completely Plaintiff s ability to earn any revenue. 22. If Defendant Adelphia and Defendant Joseph Rodriguez are allowed to terminate Plaintiff sdial-up Internet access service prior to Plaintiff obtaining an opportunity to appeal to the Pennsylvania Public Service Commission as provided for by law and as set forth in Defendant Adelphia's August 15, 2001, letter to Plaintiff, Plaintiff will suffer irreparable injury in that it will lose nearly all its customers and revenues regardless of whether Plaintiffs appeal to the Pennsylvania Public Service Commission succeeds. 23. Since Plaintiff services the community with Internet service, the destruction of Plaintiffls business would eliminate a local competitor in the marketplace to the detriment of the community which benefits from having local alternatives for Internet access. 24. The conduct of the Defendants as to the Plaintiff constitute unfair competition, tortious interference with Plaintiff's contractual relations with its customers, fraud, and oppression under the common law, and under Pennsylvania statutes as interpreted by Chapters 3 and 5 of the Title 52 of the Pennsylvania Code, the conduct of Defendant effectively denies Plaintiff its ability to pursue the informal and formal complaint process before the Pennsylvania Public Service Commission. 25. The Plaintiff has no adequate remedy at law. 26. This petition is brought on an emergency basis because of the imminence of said proposed termination and the Plaintiffs inability to safeguard its rights without an immediate injunction. Plaintiff prays this Honorable Court: A. Enjoin the Defendants from terminating Plaintiff's telephone service and order Defendants to reconnect without charge such telephone service until such time as Defendant Adelphia negotiates with Plaintiff a reasonable payment plan and Plaintiff has exhausted its appeals, including informal and formal complaints, with the Pennsylvania Public Service Commission; B. Enjoin the Defendants from terminating Plaintiff's telephone service and order Defendants to reconnect without charge such telephone service) until further order of this Court; and/or C. Grant the Plaintiff such other relief as the Court may deem appropriate. Respectfully submitted, THE LAW FIRM OF MAY & MAY, P.C. ~~ C ~ lc ~"~/ ~ Robert C. May EXHIBIT A AUGUST 15, 2001, LETTER Adelphaa Business Solutions of Pennsylvania, Inc. 5095 Ritter Road, Suite101 Mechanicsburg, PA 17055-6921 877-497-2666 WARNING: THIS IS TO NOTIFY YOU THAT YOUR TELEPHONE SERVICE IS ABOUT TO BE DISCONNECTED. PLEASE READ THIS ENTIRE NOTICE. IT TELLS YOU WHAT TO DO TO AVOID BEING DISCONNECTED. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND CALL US IMMEDIATELY AT THE BUSINESS OFFICE NUMBER SHOWN ABOVE. Date: Auaust 15. 2001 Customer: PA Networks Address: P.O. Box 7271 Mechanicsbura. PA 17050 Account Number: 100-583-0348 Amount Past Due: $34.630.63 as of Auaust 15.2001 . Your account is past due and service will be disconnected for nonpayment withqut further notice on September 6, 2001 between the hours of 8:00 a.m. and 4:00 p.m. 2. To avoid disconnection please make payment in full or follow one of the steps shown on page two of this notice before the following date, September 5, 2001 . . 3. A reconnection charge of $101.03 for the first line and then $77.40 for each additional line will be charged if your service is interrupted then reconnected. 4. In #3 above, a deposit equal to one month's average bill may be required. Please send your payment now along with the payment page of your bill or this notice to our Billing Manager at: Ade!phia Business Solu±ions Attention: Janet Renna 1180 Sathers Drive Pittston, PA 18643 If you are in need of assistance with payment of your bill, please call your service representative, toll free, for further inforriration at 877-497-2666 or visit our office located at 5095 Ritter Road, Suite 101 Mechanicsburg, PA 17055-6921 Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. If you have already mailed payment in advance of the termination date and confirmed our receipt of payment by the due date, please disregard this notice. PENNSYLVANIA CUSTOMERS Your service will be disconnected unless you take one of the following steps before the date shown in #2 on page one: 1. Pay your bill in full; OR 2. Make an agreement acceptable to us to pay the amount past due over a period of time; OR 3. For Residence Accounts: Advise us that you will, within seven (7) days present us with a statement from a doctor certifying that disconnection will result in an immediate and serious health hazard to you or another person now living in your household. Use of the doctor's certification to prevent disconnection or to cause reconnection of telephone service is limited to two (2) consecutive 30-efay periods and shall not exceed three (3) 30-day periods in any calendar year except upon a written order of the New York Public Service Commission; OR if you deny. that your account is overdue by more than $50, submit .the dispute to the Public Service Commission and obtain a Public Service Commission Order. prohibiting disconnection.- 4. For Business Accounts: If you deny that your account is overdue, suf~mit the dispute to Pennsylvania Public Service Commission and obtain a Public Service Commissi¢n Order prohibiting disconnection. If you cannot pay your overdue bill in full, but you can repay on installments, we wi~ negotiate with you a reasonable plan for paying it over time. After discussing such a plan with us, if yo do not believe our terms to be reasonable, you may call the Pennsylvania Public Service Commission., The Public Service Commission can give you advice and may be able to give you assistance in! conducting further negotiations. Information on how to contact the Public Service Commission is shown below. A request should not be made to the Public Service Commission without prior discussion with our Billing Office. If you wish to discuss this matter with us, or if you wish to ask any questions or make any complaint, please contact our Billing Office at the telephone number shown on the face of this notice on any day, Monday through Friday, except holidays, between the hours of 9:00 a.m. and 5:00 p.m. The Pennsylvania Public Service Commission may be contacted at (800) 782-1110, on any day, Monday through Friday, except holidays, between the hours of 9:00 a.m. and 4:30 p.m. The 800 telephone numbers listed above are toll tree for any call made within Pennsylvania. In addition to providing assistance or advice in negotiating. a payment plan, Pennsylvania Public Service Commission car, give you information on how to submit a dispu±e. EXHIBIT B AUGUST 29, 2001, LETTER f~. 1':O. $ox 771, Mechanicsburg, PA 17050 Via Facsimile to 570.300-2930 Janet Renna Adelphia Business Solutions 1180 Sathers Drive Pittston, PA 18643 August 29, 2001 Dear Ms. Renna: Post-It"" brand fax transmittal memo 7671 # To /~,,, _ ~_ f~ Pvom Co. I~QQ dtldL Co. ,~ Dept. ~ ~ Phone # T ~ ~ f v Fax # 3~ Fax # This is to confirm your statement earlier today to Mr, Jones that Adelphia would not be turning off the service to Account Number 100-583-0348 as stated in your warning n¢tice of August 15, 2001. Also, as we discussed, here is a list of the payments made by PAnetwork on its 3 accounts since the beginning of June: Account Number 100-583-0348 (the BIG one): 6/ 7/01 Chk #8260 $2,000.00 8/15/01 Chk #16 $3,000.00 Account Number 100-583-0032 (the OLD one):. Account Number 100-583-0548 (the Voice lines): 6/ 7/01 Chk #8261 $ 500.00 7/ 8/01 Chk #8341 $ 900.00 8/15/01 Chk #18 $ 500.00 6/ 6/01 Chk #8258 $ 725.97 7/ 8/01 Chk #8340 $ 351.65 8/15/01 Chk #19 $ 169.53 (now current) As I mentioned to~you, the owners of the company left for an extended business trip to Texas on July 9~, and have been trying to keep on top of their various bills from there. Regrettably, some delays in payment have therefore occurred. Attached is a copy of the 1/20/01 bill for Acct. # 100-583-0348, showing as circled the charges that we disputed ($2,333.24, $999.96, and I believe the first of the two $708.31 charges). They were charges associated with a PRI that we never had. After our meeting in April, we were waiting for the credits to be reflected on a subsequent invoice, but as far as I know, they were not. Please send me copies of the bills on this account from 1j 20 j01 to present, so that I can get a handle on the status of this account. A person from Adelphia was also supposed to come out to our facility to try to figure out why we were being charged for 13001oca1 outgoing calls per month, when these lines were just to be inbound numbers hooked to computers. To the extent that a voice line was still associated with this account, we could not fathom that our one employee could be making that many calls in a month. Nobody from Adelphia has been to our facility to perform this check. Mr. Jones called Adelphia sometime in early June, and requested that they cancel one of our PRIs. This has not been reflected on the bills, nor do I believe that it has been done. We have been trying for quite some time (with Jennifer Gannett of Adelphia s Mechanicsburg office) to reconcile this account's billings, and arrange a mutually acceptable;payment plan. We look forward to working with you in order to resolve this. If you have any questions, please call me at 717-703-0000. Sincerel ~k~~ / - aren May General Manager PAnetwork EXHIBIT C SEPTEMBER 5, 2001, FACSIMILE SEP-05-2001 WED 1024 AM ADELPHIA $USINESS SUNS BUSfNSSS SOLUTIONS FAX N0. 5'~0 300 P830 P, 01 I Total pages TO KAREN MAY ~ FR(1M JANET RENNA Phone ~ Phone 57a-3o0-2902 Fax 7176120103 Fax 570-3Qo-2930 ~CC _._-- SEP-05-2001 WED 10:31 AM ADELPHIA BUSINESS SLTNS FAX N0, 570 300 2930 s. 6';ll8troess soaurioNs ACl:OUNT NUMBEC~ BILI, DATE $ILLING DETAIL P. 02 PAGE a 100-0$~20lOi ___.____..~, -- - - . , •,, Current,AcCOZUIt Activity ~ ~~fSnlanca N'rpm Previous hfonth ". , 17,17B.1A Payment 01/22!01 i'~~ UtITST'AN1'12HG l3AL'ANGE `~** ~ 3,363.7& 19,812,40 Current •Bseeic Telephony Sr3rvlce -gee Page 3• ' 6,$IIS,OS CuxrenL• Focal Calling' Sarviee -bee Page '3 , 47.77 Curxant Amount Dua by-03/07/01 8,93li,82 -. TOTAL AMOUNT DUE 22,748.22 Detail of Current $xsic Telephone Service Service :far Periad; 01/20/01 - O2/19!41 ~ ~' $ ~~ ~ hannel MR It 00 00 PRI B Ghanzia l MR 166 .00 .00 !PRI System Term, A 114.(}4 h5fa.pp Primary Rate IntPc. 4 266.100 1,064.04 PRI System Term, 120.00 360.40 G' Primary Rata Intfc. ~ 280,00 844,04 ~ $usiness Line bIR 10 .40 .00 l+edexnl l;ina CharAre 20 4.&1 96,20 u•n.. Saq. Trunk Iluntin{I 120 .00 .00 virtual puts linty 2 85.00 170.40 ISusinoss Line FIi. 1 .04 " .04 Business Line hIIt 4 14.50 42. ~,^. TOTAL 9ERVTCE 3,028.'0 DEta11 pf Q't11eP rih8.r~88 aAtl Credlt$ , ~ ~~~ 1119 T 1 : 00 0X11 ~~ 00 24 2 3 rimary al:a Intfc. 05 1 0 i PR't 3 stom Terse. 06/14 TO 01!19 /1 ' e i" • 0. 000.001-0111 ~+~ 'C 7 66 ' ' , . 0 Ol / pbtg line 45/7,0 9 9 virtu -214-8 71 9 l. •+ 'Carlisle l:~ccltange 05/lp TO 01119 717-214-9;3. ' I TOTAL O S 4,749,82 TOTAL Sl~h'.VIC1; CHARGES 3 , 028.20 OTIiER CkiARGES AND CREDITS 4,749.52 E911 Sut•claaz•ge 1$.75 PA Grose Receipts Tax 888,130 Federal 9'ax 5.00% 'L33.90 State 'Pax 6.00 46Pi.68 PA Relay Service System Surchq 1.80 Total L'asic Talephana Chaxgcs 5,88$,05 '- - Det~-i1 a~ Cur=esnt Loeal•,Ca~ling Service- - --~ ~ AetazL of Local Aleasuie~ Sez^vlce ~ ~ ~ . 'k~~~"k 19tH tdumbcr; 717.1J75»5100 *:k*~'x ~Timo ixF nay Class One EXHIBIT D SEPTEMBER 5, 2001, EMERGENCY MESSAGE Received: from shrike.ravenet.com [63.250.63.181] by PAnetwork.com with ESMTP (SMTPD32-7.00) id A578EB2013E; Wed, OS Sep 2001 17:13:28 -0400 Received: from WSMaiI ([63.110.200.71]) by shrike.ravenet.com (Post.Office MTA v3.5.3 release 223 ID# 0-55144U2500L250SOV35) with SMTP id com for <support@panetwork.com>; Wed, 5 Sep 2001 17:31:34 -0400 DATE: Wed, 5 Sep 2001 17:02x02 -0500 MESSAGE-ID: <2001090517020200000003@WinSockMail> To: support@panetwork.com From: appletree@ravenet.com (Appletree Answering Service) Subject: Your Messages MIME-Version: 1.0 Content-Type: text/plain X-RCPT-TO: <support@panetwork.com> Status: U X-UIDL: 297303916 _=---====0000083703===-=_______ Wed OS-Sep-O1 OS:IOp Wed OS-Sep-Ol 05aOp BQ TAKEN {TO:(BILLING)KAREN } {~FROM:JANET/ADELPHIA ~}SPELL {~USERNAME: ~}SPELL {KPH#:(570)300-2902 ~} ***(REPEAT NUMBER WITH AREA CODE!!)*** , . {~MSG:IS E/R NEEDS TO SPEAK TO YOU ASAP PLEASE CALL NO OTHER MESSAGE . ~} CALLER ID: _~=====0000083703======____ To Robert May May and May Ft6b1: OB/O6/01 9:2232 wags 2 of 4 Sent by the Award Winning Cheyenne Bitware VERIFICRTI4N I verify that the facts set forth inthis Complaint axe true and coxract to the best of my knowledge or infosmation and belief. This verification Ls made subject to the penalties c£ Section 4904 of the Crimes code (IB Pa.C. S. 4904) rely ti.ng to unsworn falsificaticna to authorities. I would like to add the fact that on Aug 28, 2001 Janet Renna assured me that the disconnect notice we had received was sent In error and that I should igrare it. She said she would send me an email confi rmirq this statement which I nave nevee received. Daniel M. Jonas, .P~ident, PA Network $` 3E~fe&~d>tL&,MArtrxsllr G ~.+nx,. Fu.86M~afsrEi3 .' d~c~ °._~^a a+~,fa ~' T g , ~ ~ v~ 6` -C 9.~ ~ ~' a -~ '~ ~ f, ~ ~ ~~ .~ ~~ ~ s~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. CIVIL DIVISION doing business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.:O(-5ati~ v. ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants DECREE And now to wit, this 6th day of September, 2001, upon consideration of the within Petition for Preliminary Injunction it is hereby Ordered,. Adjudged and Decreed that neither Adelphia Business Solutions of Pennsylvania, Inc., nor Joseph Rodriguez, shall terminate PA Network's telephone service (or in the event that either has already terminated PA Network's telephone service, they shall reconnect without charge such telephone service) until such time as Adelphia Business Solutions of Pennsylvania, Inc., negotiate with PA Network a reasonable payment plan and PA Network shall have exhausted its appeals, including informal and formal complaints, with the Pennsylvania Public Service Commission; Adelphia Business Solutions of Pennsylvania, Inc., and Joseph Rodriguez are further enjoined from terminating PA Network's telephone service (or in the event that either has already terminated PA Network's telephone service, they shall reconnect without charge such telephone service) until further order of this Court; a hearing on this Petition is scheduled for the day of September, 2001 at _.M. before the Motions Judge of this Honorable Court; no bond shall be posted by the Plaintiff in this action, as Defendants' will suffer no harm by Plaintiffls request for relief. By the Court, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. doing CIVIL DIVISION business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.: (7 ~__~ v. PETITION FOR PRELIMINARY INJUNCTION ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants Filed on Behalf of Plaintiff: Counsel of Record for Plaintiff: ROBERT C. MAY, ESQUIRE Pa I.D. #65602 THE LAW FIRM OF MAY & MAY, P.C. 3438 Trindle Road, Suite 201 Camp Hill, PA 17011 (717)612-0102 sEP ~ ~ Zoor ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARB COMPUTERS, INC. CIVIL DIVISION doing business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.: ~ ~ y~ v. PETITION FOR PRELIMINARY INJUNCTION ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants PETITION FOR PRELIMINARY INJUNCTION To the Honorable Judges of said Court: Your Petitioner, Anyware Computers, Inc., by its attorneys The Law Firm of May & May, P.C. and Robert C. May, Esquire, respectfully represent that: The Plaintiff, Anyware Computers, Inc., hereinafter "PA Network", is a Pennsylvania business corporation with a principal business address of 3216 Trindle Road, Camp Hill, Pennsylvania. The Defendant Adelphia Business Solutions of Pennsylvania, Inc., hereinafter "Adelphia", is a Delaware business corporation, which does business in Cumberland County, Commonwealth of Pennsylvania. The Defendant Joseph Rodriguez is a Pennsylvania resident and a General Manager of Defendant Adelphia. 4. PA Network was incorporated in Pennsylvania on February 13, 1995, and is in the business of providing dial-up Internet access to the residents of Cumberland County, Southern Dauphin County, Southern Perry County, Western Lebanon County, and Northern York County, and has provided such dial-up Internet access continuously from May 1, 1997, through the date hereof. 5. At all relevant times, Plaintiff has subscribed to Defendant Adelphia's "Basic Telephone Service" providing the subscriber's to Plaintiff's dial-up Internet service with the seven (7) dial-up access numbers which Plaintiffs subscriber's can call to connect to the Plaintiff's computers, and through Plaintiffs computers, to the Internet. Plaintiff has no other telephone company that provides this service, and will not be able to replace Defendant Adelphia's service unless given adequate time to find another provider. 6. At all relevant times, Plaintiff has paid undisputed charges by Defendant Adelphia or in lieu of payment has offered to make installment payments for Defendant Adelphia's "Basic Telephone Service," pursuant to billing statements generated monthly by Defendant Adelphia. On numerous occasions, Plaintiff has met with and/or spoken on the telephone with numerous representatives of Defendant Adelphia regarding various overcharges and other billing discrepancies. By way of example, Defendant Adelphia charged Plaintiff for outgoing telephone calls on lines which were set up as incoming only telephone calls incapable of making an outgoing telephone call. 8. On or about August 15, 2001, Defendant Adelphia notified Plaintiff by letter, a copy of which is attached hereto, made part hereof and marked Exhibit "A", that its account was past due and would be terminated. 9. As soon as Plaintiff received said August 15, 2001, Plaintiff diligently and systematically began telephoning Defendant Adelphia's Billing Manager, Janet Renna, to clear up the matter and take care of the dispute. 10. Pursuant to the aforesaid August 15, 2001, letter, Plaintiff contacted Defendant Adelphia's Billing Manager, Janet Renna, as instructed by the letter, by telephone on various dates, as well as by letter dated August 29, 2001, a copy of which is attached hereto, made part hereof and marked Exhibit "B", to inquire about the Plaintiff's various disputes with the charges made to Plaintiff by Defendant as well as to arrange for a payment plan as set forth in the August 15, 2001, letter. As set forth in the August 29, 2001, letter, Janet Renna confirmed that Defendant Adelphia would not be terminating the telephone service. 11. Defendant Adelphia's Billing Manager, Janet Renna, in addition to the conversations set forth in the August 29, 2001, letter, was contacted by telephone on or about 10:00 a.m. on Wednesday, September 5, 2001, by the Plaintiffs General Manager, Karen May, at which time Janet Renna assured the Plaintiff's General Manager, Karen May, that Defendant Adelphia's service would not be terminated and that efforts would be made by Janet Renna to correct the overcharges to Plaintiff and negotiate a payment schedule. 12. Defendant Adelphia's Billing Manager, Janet Renna, in addition to the September 5, 2001, telephone conversation at 10:00 a.m., sent to Plaintiff s General Manager, Karen May, on September 5, 2001, at exactly 10:24 a.m., a facsimile showing credits that Janet Renna marked for Karen May's review in the approximate amount of $4,000, a copy of the page from the facsimile showing credits is attached hereto, made part hereof and marked Exhibit "C". 13. In reliance upon the oral statements made by Defendant's General Manager, Janet Renna, in previous telephone conversations and on September 5, 2001, and encouraged by the credits marked by Janet Renna on September 5, 2001, which credits were reasonably interpreted to mean that Defendant Adelphia would acknowledge its past billing errors and make arrangements for a reasonable payment plan with Plaintiff as expressed by Janet Renna on September 5, 2001, and previously, Plaintiff did not call the Pennsylvania Public Service Commission as set forth in the August 15, 2001, letter, which would have allowed Plaintiff to obtain relief from the termination of service, negotiate a reasonable payment plan, and complain both formally and informally about the overcharges and unreasonable termination threatened by Defendant Adelphia. 14. As set forth in the August 15, 2001, letter, Plaintiff refrained from contacting the Pennsylvania Public Service Commission without prior discussion with Defendant Adelphia's Billing Office, and justifiably believed that Adelphia would make good on its Billing Manager's representations regarding correcting overcharges and arranging a reasonable payment schedule for actual charges due. 15. At 4:30 p.m. on September 5, 2001, the Pennsylvania Public Service Commission ended its normal business hours, and at 5:00 p.m. on September 5, 2001, Plaintiff ended its normal business hours. 16. At exactly 5:10 p.m. on September 5, 2001, Defendant Adelphia's Billing Manager, Janet Renna, called Plaintiff's business telephone and left a message marked "emergency" a copy of which is attached hereto, made part hereof and marked Exhibit "D", for Plaintiffls General Manager, Karen May. 17. Shortly after receiving the emergency telephone message, Plaintiffs General Manager, Karen May, called Defendant Adelphia's Billing Manager, Janet Renna, who told Karen May that, notwithstanding her previous representations, Defendant Adelphia would nonetheless be terminating Plaintiffs telephone service on Thursday, September 6, 2001, between the hours of 8:00 a.m. and 4:00 p.m. 18. Defendant Adelphia's Billing Manager, Janet Renna, indicated that she was relaying the message of Defendant Joseph Rodriguez, who is a General Manager at Defendant Adelphia. 19. Defendants Adelphia and Joseph Rodriguez have acted in bad faith in violation of the letter and spirit of Pennsylvania law, and the standards of fair dealing commonly recognized in and among Pennsylvania's business community. 20. As a result of said bad faith, and lack of fair dealing, Plaintiff's ability to provide dial-up access Internet service to its customers was terminated with the termination of Plaintiffl s telephone service by Defendant Adelphia acting through Defendant Joseph Rodriguez at the hour of 8:00 a.m. September 6, 2001. 21. Said termination of Plaintiffs dial-up Internet access service will almost certainly result in the abandoiunent, likely permanently, by Plaintiff's customers to Plaintiff's competitors, and will effectively shut-off completely Plaintiffs ability to earn any revenue. 22. If Defendant Adelphia and Defendant Joseph Rodriguez are allowed to terminate Plaintiff's dial-up Internet access service prior to Plaintiff obtaining an opportunity to appeal to the Pennsylvania Public Service Commission as provided for by law and as set forth in Defendant Adelphia's August 15, 2001, letter to Plaintiff, Plaintiff will suffer irreparable injury in that it will lose nearly all its customers and revenues regardless of whether Plaintiff's appeal to the Pennsylvania Public Service Commission succeeds. 23. Since Plaintiff services the community with Internet service, the destruction of Plaintiff s business would eliminate a local competitor in the marketplace to the detriment of the community which benefits from having local alternatives for Internet access. 24. The conduct of the Defendants as to the Plaintiff constitute unfair competition, tortious interference with Plaintiff s contractual relations with its customers, fraud, and oppression under the common law, and under Pennsylvania statutes as interpreted by Chapters 3 and 5 of the Title 52 of the Pennsylvania Code, the conduct of Defendant effectively denies Plaintiff its ability to pursue the informal and formal complaint process before the Pennsylvania Public Service Commission. 25. The Plaintiff has no adequate remedy at law. 26. This petition is brought on an emergency basis because of the imminence of said proposed termination and the Plaintiff s inability to safeguard its rights without an immediate injunction. Plaintiff prays this Honorable Court: A. Enjoin the Defendants from terminating Plaintiff s telephone service and order Defendants to reconnect without charge such telephone service until such time as Defendant Adelphia negotiates with Plaintiff a reasonable payment plan and Plaintiff has exhausted its appeals, including informal and formal complaints, with the Pennsylvania Public Service Commission; B. Enjoin the Defendants from terminating Plaintiffs telephone service and order Defendants to reconnect without charge such telephone service until further order of this Court; and/or C. Grant the Plaintiff such other relief as the Court may deem appropriate. Respectfully submitted, THE LAW FIRM OF MAY & MAY, P.C. C- ~~ Robert C. May EXHIBIT A AUGUST 15, 2001, LETTER Adelphia BusinQSS Solutions of Pennsylvania, Inc. 50q#,i Ritt®r Roast, t3utte101 Mech~nte>$ttitrg, PA 1'7ttt33.6921 877.497.2666 W~4f~ild~yNG: THIS IS TO BE DISCONNECTED. F DO TO AVOID BEING UNDERSTAND CALL U ABOVE. Date: August 15. 2001 Customer: PA Networks Address: P.O. Box 7271 NOTIFY YOU THAT YOUR TELEPHONE SERVICE IS A~iOUT TO LEASE READ THIS ENTIRE NOTICE. IT TELLS YOU WHAT TO DISCONNECTED. IF THERE IS 'ANYTHING YOU D0 NOT > IMMEDIATELY AT THE BUSINESS OFFICE NUMBER SHOWN Mechanicsburg. PA 17050 Account Number: 100-583-0348 Amount Past Due: $ 34.630.83 as of August 15.2001. 1. Your account is past due and service will be disconnected for nonpayment with~ut further notice on September 6, 2001 between the hours of 8:00 a.m. and 4:00 p.m. 2. To avoid disconnection please make payment in full or follow one of the steps Shown on page two of this notice before the following date, September 5, 2001 . . 3. A reconnection charge of $101.03 for the first line and then $77.40 for each additional line will be charged if your service is interrupted then reconnected. 4. In #3 above, a deposit equal to one month's average bill may be required. Please send your payment now along with the payment page of your bill or this hotice to our Billing Manager at: Adelphia Business Solutions Attention: Janet Renna 1180 Sathers Drive Pittston, PA 18643 If you are in need of assistance with payment of your bill, please call your Service representative, toll free, for further infoc~ation at 877-497-2868 or visit our office located at 5095 Ritter Road, Suite 101 Mechanicsburg, PA 17055-6921 Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. If you have already mailed payment in advance of the termination date and confirmed our receipt of payment by the due date, please disregard thts notice. PENNSYLVANIA CUSTOMERS Your service will be disconnected unless you take one of the following steps before the date shown in #2 on page one: 1. Pay your bill in full; OR 2. Make an agreement acceptable to us to pay the amount past due over a period of time; OR 3. For Residence Accounts: Advise us that you will, within seven (7) days present us with a statement from a doctor certifying that disconnection will result in an immediate and serious health hazard to you or another person now living in your household. Use of the doctor's certification to prevent disconnection or to cause reconnection of telephone service is limited to two (2) consecutive 30-day periods and shall not exceed three (3) 30-day periods in any calendar year except upon a written order of the New York Public Service Commission; OR if you deny. that your account is overdue by more than $50, submit .the dispute to the Public Service Commission and obtain a Public Service Commission Qrder prohibiting disconnection. 4. For Business Accounts: If you deny' that your account is overdue, sut~mit the dispute to Pennsylvania Public Service Commission and obtain a Public Service Commission Order prohibidNng disconnection. If you cannot pay your overdue bill in full, but you can repay on installments, we will negotiate with you a reasonable plan for paying it over time. After discussing such a plan with us, if yo do not believe our terms to be reasonable, you may call the Pennsylvania Public Service Commission. The Public Service Commission can give you advice and may be able to give you assistance in conducting further negotiations. Information on how to contact the Public Service Commission is shown below. A request should not be made to the Public Service Commission without prior discussion with our Billing Office. If you wish to discuss this matter with us, or if you wish to ask any questions or make any complaint, please contact our Billing Office at the telephone number shown on the face of this notice on any day, Monday through Friday, except holidays, between the hours of 9:00 a.m. and 5:00 p.m. The Pennsylvania Public Service Commission may be wntacted at (800) 782-1110, on any day, Monday through- Friday, except holidays, between the hours of 9:00 a.m. and 4:30 p.m. The 800 telephone numbers listed above are toll free for any call made within Pennsylvania. In addition to providing assistance or advice in negotiating a payment plan, Pennsylvania Public Service Commission car, give you information, on ho~a to submit a dispute. EXHIBIT B AUGUST 29, 2001, LETTER ,I P.O. Box 7271, Mechanicsburg, PA 17050 Via Facsimile to 570-300-2930 Janet Renna Adelphia Business Solutions 1180 Sathers Drive Pittston, PA 18643 August 29, 2001 Dear Ms. Renna: Post-It'° brand fax transmittal memo 7671 # °fP` ~ ,~° To n~_®~~~ rom Dept. ~~ Phone# 7t - ~ ^ ` v Fax# ~ T ~© Fax# This is to confirm your statement earlier today to Mr. Jones that Adelphia wquld not be turning off the service to Account Number 100-583-0348 as stated in your warning ngtice of August 15, 2001. Also, as we discussed, here is a list of the payments made by PAnetwork on its 3 accounts since the beginning of June: Account Number 100-583-0348 (the BIG one): Account Number 100-583-0032 (the OLD one): 6/ 7/01 Chk #8260 $2,000.00 8/15/01 Chk #16 $3,000.00 6/ 7/01 Chk #8261 $ 500.00 7/ 8/01 Chk #8341 $ 900.00 8/15/01 Chk #18 $ 500.00 Account Number 100-583-0548 (the Voice lines) 6/ 6/01 Chk #8258 7/ 8/01 Chk #8340 8/15/01 Chk #19 $ 725.97 $ 351.65 $ 169.53 (now current) As I mentioned to`you, the owners of the company left for an extended business trip to Texas on July 9~, and have been trying to keep on top of their various bills from there. Regrettably, some delays in payment have therefore occurred. Attached is a copy of the 1/20/01 bill for Acct. # 100-583-0348, showing as circled the charges that we disputed ($2,333.24, $999.96, and I believe the first of the two $708.31 charges). They were charges associated with a PRI that we never had. After our meeting in April, we were waiting for the credits to be reflected on a subsequent invoice, but as far as 1 know, they were not. Please send me copies of the bills on this account from 1/20/01 to present, so that I can get a handle on the status of this account. A person from Adelphia was also supposed to come out to our facility to try to figure out why we were being charged for 13001ocal outgoing calls per month, when these lines were just to be inbound numbers hooked to computers. To the extent that a voice line was still associated with this account, we could not fathom that our one employee could be making that many calls in a month. Nobody from Adelphia has been to our facility to perform this check. Mr. Jones called Adelphia sometime in early June, and requested that they cancel one of our PRIs. This has not been reflected on the bills, nor do I believe that it has been done. We have been tryixtg for quite some time (with Jennifer Gannett of Adelphia's Mechanicsburg office) to reconcile this account's billings, and arrange a mutually acceptable'Ipaymentpian. We look forward to working with you in order to resolve this. If you have any questions, please call me at 717-703-0000. Sincerel ~/~~~ aren May General Manager PAnetwork EXHIBIT C SEPTEMBER 5, 2001, FACSIMILE SEA-05-2001 WED 10 24 AM ADELPHIA BUSINESS-SUNS ausrrvsss ,sor_utrorvs FAX N0. 570 300 2930 P. 01 I Total pages TO KAREN MAY FROM JANFT RENNA Phone Phone 57a-s0o-a9a2 Fr'zlc 71 76 1 20 1 03 .Fax 570-3a0-2930 NCC „^ SEP-05-2001_WED 10;31 AM ADELPHIA BUSINESS SLTNS FAX N0. 570 300 2930 P. 02 "°'~'~' ~~ PAG$ 8 D'JS7MFS5 socurro,vs ACCOUxT NUA1f3L~', 1aa-sss-osds BILL DATE 01120101 BITa~ING DET~ITL . , •'• Gurrent,clccnuat Activity - Ralanco Frum Previous Mvnth ". , .-: 17,178.18 . Payment a1/221oi - ~ ~•~•~ duisTAlvnixa i',AI.ANCE •~*~ - ~ ls;sia:4o Current'82eic Telephone SerV1L`8 - See Paga'8• ~ 8,$88:OG Curren L• Local Cs.llxng Servic0 - Sea Page 'S •, . d7.77 ' Current Amaunt Due by.03107/01 _' 8,98~i.82 • ~ TOTAL AMO[3xT DUfS ~ ~ 22,748.22 ~~ Detail of Current &xaic Telephone Service 9erviee far Period; 01/20/01 - 02/19101 X ~ F iLunu lt h~a 1 MR 0 QQ PIiI B Channa 1 MR 166 .00 .00 PRS_ 5ystc~m Tarm. d 114.00 ~15G.00 Primgry Rote IntCc. 4 PRI T t 26$.00 20 0 1,064.00 360 0 i Sys em erm. 1 .0 ,0 Primaxy Rata lnt£c. '~- _ 280,00 8+#0,00 Business Line MR YO .00 .00 F'edertil Line Charge 20 4.81 - 9620 v,~. Seq. Trunk Hunting 120 • .OD .00 virtual pats 1zna : 2 86.00 170.00 l3usnoss Line rR. X . 0 " - 0 .0 0 Business Line MR 4 q ~ ~ TO ALI SERVICE pp OZ8.2 ~n , T 0 H, Detail of Other Charges and Gredits ]~ ~~ ~TAT7~ T~~ma~ R f /~O T6 N01/19 i ~ . 1 ~~ ~~ 00 2 3 r ace c. OG nt PR~ System Term. O,~il10 TO O1/19 i_ 1-011 OQQ- 0 0-001-0111 ~^t,,a, 2, . 4 virtual pots line 05!7,0 9'p 0X119 717-214-9569 ~,r"" .. Carlisle I•~~changa 05110 Tp 01119 717-214-8~6 ~ 1 , TOTAL 0 'S 4,749,82 TOTAL SE$VICP; CHARGES 3,028.20 OTIiER CHARGES AND CREDITS 4,7•t9.82 E911 Surcharge _ 1$.75 PA Gross Recoipts Tax 38$,90 Federal 'l'ax 8.0096 L3$.90 State 'Pax G.aO% 466.68 PA Relay Sarvice System Surchg 1.80 4'otal Easic Tol,ephone Charges - $,888,05 Detail o£ Current Lvcal .Ca~.ling Service, . Det~il~ of Local Measurer! Service ~' *""r"`~ wtn NumUcr; 717-975-6100 ~=e~xr:s Tim© iaF Day Class One '. ;; ,, ~' EXHIBIT D SEPTEMBER 5, 2001, EMERGENCY MESSAGE Received: from shrike.ravenet.com [63.250.63.181] by PAnetwork.com with ESMTP (SMTPD32-7.00) id A578EB2013E; Wed, OS Sep 2001 17:13:28 -0400 Received: from WSMaiI ([63.110.200.71]) by shrike.ravenet.com (Post.Office MTA v3.5.3 release 223 ID# 0-55144U2500L250SOV35) with SMTP id com for <support@panetwork.com>; Wed, 5 Sep 2001 17:31:34 -0400 DATE: Wed, 5 Sep 2001 17:02:02 -0500 MESSAGE-ID: <2001090517020200000003@WinSockMail> To: support@panetwork.com From: appletree@ravenet.com (Appletree Answering Service) Subject: Your Messages MIME-Version: 1.0 Content-Type: text/plain X-RCPT-TO: <support@panetwork.com> Status: U X-UIDL:297303916 ------====0000083703=====_______ Wed OS-Sep-O1 05:1Op Wed OS-Sep-Ol 05:1Op BQ TAKEN {T0:(BILLING)KAREN } {~FROM:JANET/ADELPHIA ~}SPELL {~USERNAME: ~}SPELL {KPH#:(570)300-2902 ~} ***(REPEAT NUMBER WITH AREA CODE!!)*** , , {~MSG:IS E/R NEEDS TO SPEAK TO YOU ASAP PLEASE CALL NO OTHER MESSAGE ~} CALLER ID: _-------==0000083703====-_ __ To: Robed May May and May Sent 6ythe Award Winning Cheyenne Bitware 08/08/01 9:23:08 Page 3 of 4 ~fam: VERIFICATION I verify that the facts seY fozth in this-Petition are true and correct to the best of my knowledge or in£nrmation and belief. This verification is made subject tv the penalties of Section 9904 of the Crimes code (18 Pa. C. S. 49041 relating to unsworn falsifications to authorities. I would like to add the fact that on kug 28, 2001 Janet Renna assured me that the disconnect notice we had received was sent in error sad that I should ignore it. She said she would send me an email confirming this statement which I 'nave never received. ~~~ -aniel M. Janes,'~xesident, PR Ne*_wark IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. CIVIL DIVISION doing business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.: v. ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants DECREE And now to wit, this 6th day of September, 2001, upon consideration of the within Petition for Preliminary Injunction it is hereby Ordered, Adjudged and Decreed that neither Adelphia Business Solutions of Pennsylvania, Inc., nor Joseph Rodriguez, shall terminate PA Network's telephone service (or in the event that either has already terminated PA Network's telephone service, they shall reconnect without charge such telephone service) until such time as Adelphia Business Solutions of Pennsylvania, Inc., negotiate with PA Network a reasonable payment plan and PA Network shall have exhausted its appeals, including informal and formal complaints, with the Pennsylvania Public Service Commission; Adelphia Business Solutions of Pennsylvania, Inc., and Joseph Rodriguez are further enjoined from terminating PA Network's telephone service (or in the event that either has already terminated PA Network's telephone service, they shall reconnect without charge such telephone service) until further order of this Court; a hearing on this Petition is scheduled for the _ day of September, 2001 at _.M. before the Motions Judge of this Honorable Court; no bond shall be posted by the Plaintiff in this action, as Defendants' will suffer no harm by Plaintiff's request for relief. By the Court, J. ,:: CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing Complaint and Petition has been served upon the person(s) named below at the address(es) shown below by depositing the same in the United States certified mail, return receipt requested, with first-class postage prepaid: Joseph Rodriguez 1180 Sathers Drive Pittston PA 18648 Adelphia Business Solutions of Pennsylvania, Inc. cjo Corporation Service Company 2704 Commerce Drive, Suite B Harrisburg PA 17110 THE LAW FIRM OF MAY & MAY, P.C B f ~.~ Y Robe t C. May Dated: September 6, 2001 ,ry -7 ., 1 cJ ~ __. ~ L' ' .. 1- ~ .._ .I _~ -< f _ ~ ~"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. doing CIVIL DIVISION business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.:01-5246 v. PETITION FOR PRELIMINARY INJUNCTION ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants PRAECIPE TO WITHDRAW PETITION To the Honorable Judge of this Court: Please withdraw without prejudice the above-captioned Petition for Preliminary Injunction and cancel the hearing scheduled for Monday, September 10, 2001, 8:45 a.m., as the Defendant's phone service was reconnected by the Defendant Adelphia upon payment of $5,000 by Plaintiff to Defendant Adelphia. The Complaint in Equity remains pending completion of the matter under commercially reasonable standards. Respectfully submitted, THE LAW FIRM OF MAY & MAY, P.C. Robert C. May CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing Praecipe to Withdraw Petition has been served upon the person(s) named below at the address(es) shown below by depositing the same in the United States mail, with first-class postage prepaid: Joseph Rodriguez 1180 Sathers Drive Pittston PA 18643 Adelphia Business Solutions of Pennsylvania, Inc. c/o Corporation Service Company 2704 Commerce Drive, Suite B Harrisburg PA 17110 THE LAW FIRM OF MAY & MAY, P.C Robert C. May Dated: September 7, 2001 :.J : msa z z~ ~ r i T, am r' ~ ; -,j G~ i ;~ = `s ZZ 1y~ C ~C> ~M ~ ' ~,-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANYWARE COMPUTERS, INC. doing CIVIL DIVISION business as "PA NETWORK" and "THE PENNSYLVANIA NETWORK", a Pennsylvania business corporation Plaintiff, No.:01-5246 v. ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC. , a Delaware business corporation, and JOSEPH RODRIGUEZ, an Individual Defendants COMPLAINT IN EQUITY PRAECIPE TO WITHDRAW COMPLAINT To the Honorable Judge of this Court: Please withdraw without prejudice the above-captioned Complaint in Equity as the parties have agreed to an unwritten payment plan. Respectfully submitted, THE LAW FIRM OF MAY & MAY, P.C. ~_ Robert C. May CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing Praecipe to Withdraw Complaint has been served upon the person(s) named below at the address(es) shown below by depositing the, same in the United States mail, with first-class postage prepaid: Joseph Rodriguez 1180 Sathers Drive Pittston PA 18643 Adelphia Business Solutions of Pennsylvania, Inc. c/o Corporation Service Company 2704 Commerce Drive, Suite B Harrisburg PA 17110 THE LAW FIRM OF MAY & MAY, P.C. By 2~riA~ ~ ~/ ~' Robert C. May Dated: May 23, 2002 c> ~e :_; C~ n.~ i -[S V'7 '~ -1-, ' 7~-~_ n.J - _ .,_ ~ ` , - , _ ` )~ = ~ ~ ! r FC .. y ~ ~ J co ~ ~S