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HomeMy WebLinkAbout01-05331~ _.. .. .w.:.. ._. ...__._... ..._ ._.. :,. :~ .. L ._ .. ~__ :.. ._....: I _ '. .I [s4:. THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. CORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 21 S. 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 elndia.comm, Inc. d/b/a elndia Technology Solution 21300 Victory Blvd. Woodland Hills, CA 91367 vs. Delta Development, Inc. 2000 Technology Pkwy Ste. 200 Mechanicsburg, PA 17050 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET No. 01-S"33( ~~;~~~ YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WSTHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BX ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FSLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO Bfl SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED ?N THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE,4TH FLOOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-240-6200 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 21 S. 21ST STREET PHILADELPHIA, PA 19103 215/989-9600 eIndia.comm, Inc. d/b/a eIndia Technology Solution . 21300 Victory Blvd. . Woodland Hills, CA 91367 vs. Delta Development, Inc. 2000 Technology Pkwy Ste. 200 Mechanicsburg, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. DI- 5~.~1 l,(o~~~F2~`j COMPLAINT IN CIVIL ACTION 1. At the special instance and request of the defendant(s), plaintiff sold and delivered to the defendant(s) merchandise and services, on the dates, of the kinds, in the amounts and for the prices set forth in a true and correct copy of plaintiff's books of original entry attached hereto, made part hereof, and marked Exhibit "A". 2. Defendant(s) accepted said merchandise and services without complaint. 3. The prices set forth in Exhibit "A" are the market prices for the said merchandise and services, and are the prices which the defendant(s) agreed to pay therefor. 4. All the credits, if any, to which the defendant(s) is(are) entitled are set forth in Exhibit "A" 5. Plaintiff has made demand upon the defendant(s) for payment of the amount due, but the defendant(s) has (have) failed and refused and still refuse(s) to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,955.D0 together with interest and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I' INBERG, ESQUIRE Attorney for Plaintiff POMS VERIFICATION I, the.undersi ned, in my capacity as ~~ (, ~. ~'./tQ/~ (~,~" '~~~~~ of ~ (~ ~ ~PGiny~. ~.oGl,~ ~~"~lA~ plaintiff herein, certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or informafion and belief. I make this Verification subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties. DENNIS,A. MUENLENBAC tc~J~;Gbunty MyColrrn:Sep21.7DD3 fifateoPl:alRantl~i ,,•-.__. :.ounty of Los And 7~' Subs-cvib~d e~1 awom Ip6Bfpg9p®~d ~a,~~~ Ord t ,Print or Type Name Si a re Form 9 -Pagel .~ w: EXHIBIT "A" ,w y.e.~.......~. _._ _ __ _ ' t SENT 8~:'XAVIENT ''~CHNOLOGIES; 818 5987580; MAY-16-01 10:24AM; PAGE 2!4 -eTndia Technology Solutions ~ `-` invoice 21300 Victory Blvd., Suite 1200 Woodland Hllls, CA 81367 DATE INVOICE # Tel: 818-598 7500 Fax: 818.598 7580 1/5/2001 1001-28 BILL TO Detta Development Att: Bob Carbury 2000 Technology Parkway Suite 200 Mechanicsburg, PA 17050 DO Number Terms DuE DACE Sales Person PRO]ECi Net 15 1/20/2001 S-Z .. CONSULTANT ]OB DESCRIPTION HDURS RATE AMOUNT . _-.. ... Shariq Akhtar On site Consulting work for the period of 10/02/00 to 56.5 70.00 3,855.00 tan 5100 ~ T®tR~ $3,955.00 SENT BY:•XAVIENT TECHNQLOGIES; FROt"~: SDR TEC4i~OLOGIES INC 818 5987580; ~,/FqX Plp. Blb+_'551315 L~,~ TANbON INFORMATION SOLUTIONS (~ Your p/obal lT. Psrtner 2125-g Madera Roild Sk~ni VaBoy, C!r 930fi5 USA 805.582.44t0 Fax: 805.582.4431 818.5987590 MAY-18-01 10:25AM; PAGE 4/4 Ng 97 2009 06:'x3=~i•. '- '_„+~ _ :~ ;V1i ~5 7 4'ili^L~'V~a..i ~~ ~`~"~ ~v~ EmpKyee Nart1l: 5hariq Akhter TiOa: Web Developer Employee Number: 1050 Status: Carttraetor Department: Prodcution Suporviaor John Oaucette :-.~.. . Date Start TUst; t?nd Tlme Rapuiar Hrs. Gvertime Kra. To.ta~ rir>. -_'_ --~ 10!02!00 9.00 5.00 8 r . -- .~ 10!03/00 9.OQ 7,00 10 ... -- - 70/04/00 2.15' 7.13 S ~ ' ~ ~~ taosloo 9:30 a.oo ' 6.30 _ °~ ~_ ..-_ 10/08/00 9.00' 5:00 g ./ WR°BKLY TOTAL8 .. 37:30 .. 0 : ' 3. Employee Signature: Superv150r Signature: Date: 10!70!00 Date: 1Dlt0l00 i w. BENT BY: 9(AVSENT TECHNOLOGIES; 818 5987580; MAY-16-01 10:25AM; PAGE 3i4 FRU.'~ SOR TECi.wO{„p0IE5 lNC `jam ~<~• : 61651315 TANDON INFORMATION SOLUTIONS Yoar G106a! JT Q'arMer 2123-8 Madera Road Simi Valley, CA 83065 USA 805,882.4410 Fax:808.582.a43t 818.598.7590 tJe 07 2960 06:2_r. r , :~ ~.. ,.: r:_~.:i. ,.::~:. ~: ~. _ P~j~ ryr+-:-f~' mac.-.; -- Employee Name: Shariq Akhtar Title: Web Developer - Employee Number: 1050 Status: Contractor .,- - Oaoartment: Prcdcution Supervisor John Doucette _ -__-__ Data Start Tiros End Tim! Regular Hrs. Owrtlme Hrs. Total ~-~ ,a111oa 11:,8' 6,as Tao ~ -_-- ~~_- 10N3100 10.30 6.00 7:30 .. s;~ -------i 10104/00 12.30: 4,30 4 _.-.`_---.- _ WEEKLY TOTALS 1g:OQ 0 - Employee 6ignature: ~ Supervisor Signature: Date: 10113/00 Date f 0/ ~ 3/00 _. y~ ' - ~o~tw.,..... .F ~.+ ~ eexzwvi.JS*_ n ac z..a 3, /s _„~: ~'v.n.~,:+.~+s&~`~tt4e~tIIEF?}t~S""`•' ~ti - - AYBIiii~Ni~Mmi~ '~ ~' ti \~ ~ ~ ~ !^ V 7 C ~~,,, ~ ^~ ~ ~ { o ~ L L7 a~ '3 tv ~~ ~, -tt C--F -n _~, `i {1~ ~_r: -~:- ~J SHERIFF'S RETURN - REGULAR CASE NO: 2001-05331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EINDIA.COMM INC ET AL VS DELTA DEVELOPMENT INC DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DELTA DEVELOPMENT INC the DEFENDANT at 1140:00 HOURS, on the 1st day of October 2001 at 2000 TECHNOLOGY PKWY STE 200 MECHANICSBURG, PA 17050 by handing to ERIC CLANCY VICE PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.45 Affidavit .00 Surcharge 10.00 .00 36.45 Sworn and Subscribed to before me this G/~'" day of ~P.~.~~,_ oz0z7J A.D. ~rProthonotar So Answers: R. Thomas Kline 10/02/2001 GORDON & WEINBERG Deputy Sheriff 5 Tn the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division eIndia.comm, Inc. d/b/a eIndia Technology Solution 21300 Victory Blvd. Woodland Hills, CA 91367, Plaintiff v. Delta Development, Inc. 2000 Technology Pkwy Ste. 200 Mechanicsburg, PA 17050, Dcfendant Docket No. 01-5331 Civil Term NOTICE TO DEFEND TO: eIndia.comm, Inc., d/b/a, eIndia Technology Solution Plaintiff You are notified to file a written response to the attached Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. .Yl~:.,- Michael D. Klein, Esquire Carl R. Shultz, Esquire LeBOEUF, LAMB, GREENE & MacRAE, L.L.P. ;~ 200 North Third Street, Suite 300 P.O. Box 12105 Harrisburg, PA 17108-2105 (717) 232-8199 Fax: (717)232-8720 PA Supreme Court No. 24589 PA Supreme Court No. 70328 Attorneys for Defendant, Delta Development Group, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division eIndia.comm, Inc. d/b/a eIndia Technology Solution 21300 Victory Blvd. Woodland Hills, CA 91367, Plaintiff v. Docket No. 01-5331 Civil Term Delta Development, Inc. 2000 Technology Pkwy Ste. 200 Mechanicsburg, PA 17050, Defendant Order AND NOW, this day of , 2001, upon consideration of the Preliminary Objections by the Defendant, Delta Development Group, Inc. ("Delta") to the Plaintiffs, eIndia.comm, Inc., d/b/a, eIndia Technology Solution ("eIndia"), Complaint and eIndia's response thereto, it is hereby ORDERED as follows: 1. (a) Delta's demurrer to eIndia's Complaint is granted. (b) Delta's preliminary objection for failure to join an indispensable party is granted. 2. (a) Delta's demurrer to eIndia's Prayer for the recovery of attorneys fees is granted. (b) eIndia's Prayer for the recovery of attorneys fees is stricken with prejudice. 3. eIndia is ordered to more specifically plead the averments of Paragraphs 1 to 5 (inclusive) of eIndia's Complaint. 4. (a) Delta's preliminary objection based on eIndia's lack of capacity to sue is granted. (b) further action concerning eIndia's Complaint is stayed pending compliance with the Pennsylvania Fictitious Names Act. 5. further action concerning eIndia's Complaint is stayed pending compliance with the Pennsylvania Rules of Civil Procedure by Counsel for eIndia. 6. eIndia's Complaint is dismissed. BY THE COURT: J. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division eIndia.comm, Inc. d/b/a eIndia Technology Solution 21300 Victory Blvd. Woodland Hills, CA 91367, Plaintiff v. Docket No. 01-5331 Civil Term Delta Development, Inc. 2000 Technology Pkwy Ste. 200 Mechanicsburg, PA 17050, Defendant DELTA'S PRELIMINARY OBJECTIONS TO eINDIA's COMPLAINT The Defendant, Delta Development Group, Inc. ("Delta"), by and through its counsel, preliminarily objects to the Complaint of the Plaintiff, eIndia.comm, Inc. d/b/a eIndia Technology Solution ("eIndia"), as follows: 1. eIndia commenced this action by filing a Complaint. A true and correct copy of eIndia's Complaint, as it was served on Delta, is attached hereto (and incorporated herein by reference) as Exhibit 1. 2. Rule 1028(a) ofthe Pennsylvania Rules of Civil Procedure permit preliminary objections to be filed to any pleading, including eIndia's Complaint. [Intentionally Left Blank] A. Legal Insufficiency of eIndia's Cause of Action for Breach of Contract Pa.R.C.P. No. 1028(a)(4); Pa.R.C.P. No.1028(a)(5). 3. Paragraphs 1 to 2 (inclusive) of Delta's Preliminary Objections are hereby incorporated by reference. 4. Under the Pennsylvania Rules of Civil Procedure, Delta may raise a preliminary objection to the legal insufficiency of eIndia's Complaint. See Pa.R.C.P. No. 1028(a)(4). 5. eIndia avers that the contract and actions upon which the subject Complaint are based were and are between eIndia and Delta. See eIndia's Complaint, ¶¶ 1-5. 6. The "Time Sheets" which were attached to eIndia's Complaint (as a part of Exhibit "A") indicate that work was performed by an individual (Shariq Akhtar) who was an employee of Tandon Information Solutions at 2125-B Madera Road, Simi Valley, CA 93065 ("Tandon"). 7. Based on said "Time Sheets", Mr. Akhtar and/or Tandon have a joint interest with eIndia in any claim and recovery under the alleged contract. 8. The threshold requirement to establish a breach of contract is that a contract exist between the plaintiff and the defendant. 9. eIndia's Complaint does not allege that it is the agent or representative for Mr. Akhtar and/or Tandon. 10. eIndia's Complaint does not allege that it is entitled to compensation for the services performed by Mr. Akhtar during his employment with Tandon. 11. Neither Mr. Akhtar nor Tandon has joined this Action as a party. 12. No reason appears in eIndia's Complaint for the omission of Mr. Akhtar and/or Tandon as a party. 13. Delta demurs to eIndia's Complaint on the grounds that eIndia has failed to state a claim against Delta. 14. Alternatively, Delta preliminary objects because Mr. Akhtar and/or Tandon are a necessary and indispensable party to this Action and their absence requires that eIndia's Complaint be dismissed. WHEREFORE, Delta respectfully requests that this Court sustain Delta's preliminary objection by way of demurrer and dismiss eIndia's Complaint. Alternatively, Delta respectfully requests that this Court sustain Delta's preliminary obj ection for failure to j oin an indispensable party and dismiss eIndia's Complaint. B. Legally Insufficiency of eIndia's Prayer for Attorney's Fees Pa.R.C.P. No.1028(a)(4). 15. Paragraphs 1 to 14 (inclusive) of Delta's Preliminary Objections are hereby incorporated by reference. 16. eIndia avers that the contract and actions upon which the subject Complaint are based were and are between eIndia and Delta. See eIndia's Complaint, ¶ 1. See also the "Invoice" which was attached to eIndia's Complaint as a part of Exhibit "A". 17. In its Prayer for Relief, eIndia requests an award of attorneys fees. 18. In Pennsylvania, a party cannot be compensated for the trouble and expense of establishing its rights in a legal action. However, this general rule does not apply where a statute or agreement authorizes an award of attorneys fees. 19. eIndia's Complaint does not aver any statute or agreement that authorizes the recovery of attorneys fees for a breach of contract. ikWnfi~t is^: tl,u..,u,.:,..._~ __ _ _..._. I 20. Delta demurs to eIndia's Prayer for Relief on the grounds that eIndia is clearly precluded from attorney's fees under the laws of the Commonwealth of Pennsylvania. WHEREFORE, Delta respectfully requests that this Court sustain Delta's preliminary objection by way of demurrer and dismiss eIndia's Prayer for Relief which seeks the recovery of attorneys fees with prejudice. Alternatively, Delta requests that eIndia's Prayer for Relief which seeks the recovery of attorneys fees be stricken with prejudice. C. Insufficient Specificity in eIndia's Complaint Pa.R.C.P. No. 1028(a)(3). 21. Paragraphs 1 to 20 (inclusive) of Delta's Preliminary Objections are hereby incorporated by reference. 22. Under the Pennsylvania Rules of Civil Procedure, Delta may raise a preliminary objection to the insufficient specificity of eIndia's Complaint. See Pa.R.C.P. No. 1028(a)(3). 23. Rule 1019(fj requires that "averments of time, place and items of special damage shall be specifically stated." 24. Paragraph 1 of eIndia's Complaint alleges that a contract was formed between eIndia and Delta. 25. However, as indicated above, eIndia's Complaint does not allege that it is entitled to compensation for the services performed by Mr. Akhtar during his employment with Tandon. 26. Moreover, Paragraph 1 of eIndia's Complaint does not allege any time or place concerning the formation of said contract. 27. Paragraphs 1, 2 and 3 of eIndia's Complaint allege that merchandise was delivered from eIndia to Delta. 28. However, nothing in eIndia's Complaint describes any merchandise that was allegedly delivered from eIndia to Delta. 29. Paragraphs 1, 2 and 3 of eIndia's Complaint and Exhibit "A" to eIndia's Complaint allege that work was performed for a certain number of hours at Delta's request. 30. However, nothing in eIndia's Complaint describes the work that was allegedly performed at Delta's request. 31. Paragraphs 1 to 5 (inclusive) of eIndia's Complaint uses the phrase "defendant(s)". 32. By using the phrase "defendant(s)", eIndia appears to refer not only to Delta but also to other potentially responsible parties. 33. Pennsylvania law is clear that Delta is not responsible for the debts of others. 34. eIndia's Complaint lacks sufficient specificity to apprise Delta of the issues to be litigated, to allow it to adequately prepare and assert defenses to eIndia's allegations, and/or to identify and join any potentially responsible parties as additional defendants. WHEREFORE, Delta respectfully requests that this Court order eIndia to more specifically plead the averments of Paragraphs 1 to 5 (inclusive) of eIndia's Complaint. D. Lack of Capacity to Sue Pa.R.C.P. No. 1028(a)(5) 35. Paragraphs 1 to 34 (inclusive) of Delta's Preliminary Objections are hereby incorporated by reference. 36. Based on the caption of eIndia's Complaint, eIndia appears to be a California corporation. 37. eIndia did not procure a Certificate ofAuthority to do business from the Department of State of the Commonwealth of Pennsylvania prior to the institution of this Action as required by Pennsylvania's Business Corporation Law. See 15 Pa.C.S. §§ 4121(a), 6121(a). 38. Based on Exhibit "A" to eIndia's Complaint, it appears that Mr. Akhtar performed services "on site". 39. If "on site" refers to Delta's Offices in Pennsylvania, such actions may constitute "doing business" in Pennsylvania for purposes of the Certificate of Authority requirement. See Pennsylvania's Business Corporation Law, 15 Pa.C.S. § 4122. 40. Based on the caption of eIndia's Complaint, eIndia does business as eIndia Technology Solution. 41. The name "eIndia Technology Solution" is a fictitious name within the meaning of Section 302 of the Pennsylvania Fictitious Names Act ("Names Act"), 54 Pa.C.S.A. § 302. 42, eIndia'sfictitiousnameisnotnowregisteredwiththeCommonwealthandwasnotregistered prior to the institution of this Action as required under the Names Act, 54 Pa.C.S.A. § 331(a). 43. Under the Names Act, no action can be maintained by a party using anon-registered fictitious name until registration and any other necessary compliance with the Names Act has occurred. 54 Pa.C.S.A. § 331. 44. eIndia is, accordingly, without capacity to sue or maintain this Action and is barred from maintaining this Action against Delta under the Names Act. 45. Based on Invoice (which was part of Exhibit "A" to eIndia's Complaint), it appears that the alleged contract upon which eIndia here sues was entered into by eIndia using a non- registered fictitious name. 46. Under the Names Act, 54 Pa.C.S.A. § 331(b), a plaintiff must pay a $500 civil penalty to the Commonwealth before it is allowed to institute suit on a transaction where anon-registered fictitious name was used. 47. eIndia has not paid a $ 500 penalty to the Commonwealth in connection with the transaction upon which this Action is based. 48. Based on the above, eIndia is barred from instituting and maintaining this Action in this Court. WHEREFORE, Delta respectfully requests that eIndia's Complaint be dismissed for eIndia's lack of capacity to sue. Alternatively, Delta requests that eIndia's Complaint be stayed pending eIndia's compliance with the Pennsylvania Fictitious Names Act. E. Failure to Conform to Rule of Court Pa.R.C.P. No.1028(a)(2) 49. Paragraphs 1 to 48 (inclusive) of Delta's Preliminary Objections are hereby incorporated by reference. 50. The Pennsylvania Rules of Civil Procedure provide that any party may object to a pleading because of the failure of the pleading to conform to law or rule of court. Pa.R.C.P. No. 1028(a)(2). 51. eIndia's Complaint contains the endorsement for an attorney (Frederic I. Weinberg, Esq.) with the law firm of Gordon & Weinberg, P.C., 21 S. 21st Street, Philadelphia, PA 19103. 52. Rule 1023(a) of the Pennsylvania Rules of Civil Procedure requires that "[e]very pleading ... directed to the court ... of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name." 53. The copy of eIndia's Complaint that was served on Delta does not contain any signature of any attorney representing eIndia. WHEREFORE, Delta respectfully requests that eIndia's Complaint be stayed pending compliance with the Pennsylvania Rules of Civil Procedure by Counsel for eIndia. WHEREFORE, Delta respectfully requests that its preliminary objections be sustained and eIndia's Complaint be dismissed. Respectfully Submitted, ~~ • ~~ Michael D. Klein, Esquire Carl R. Shultz, Esquire LeBOELTF, LAMB, GREENE & MacRAE, L.L.P. 200 North Third Street, Suite 300 P.O. Box 12105 Harrisburg, PA 17108-2105 (717)232-8199 Fax: (717) 232-8720 PA Supreme Court No. 23854 PA Supreme Court No. 70328 Attorneys for Defendant, Delta Development Group, Inc. Exhibit 1 eIndia's Complaint (8 Pages) eu~awsd~- ._ - .. ~ _. .. ,. ~, .. .~3, THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 21 S. 21ST STREET PHILADELPHL?1, PA 19103 215/988-9600 eIndia.comm, Inc. d/b/a . eIndia Technology Solution COURT OF COMMON PLEAS 21300 Victory Blvd. CUMBERLAND COUNTY Woodland Hills, CA 91367 . DOCKET NO . C) (- 5a 3 / 1.,, i ~ ~~, ~4iL vs. , Delta Development, Inc. 2000 Technology Pkwy Ste. 200 Mechanicsburg, PA 17050 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE,4TH FLOOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 '717-240-6200 ~ ~ ~~'~ ~, In Tesist~aray ~3sa~ ~i, I ~se~e ur;~! ~t my lsa~d a~ iho a~ai`~y~ Sa4s' ~~ tat Caslis3a; Via. T4~{* .= ay .. ~L ry '-`.' ~ n~ ~ _ .. ... _: .. .,.. ~~..,...~,~.~.~...:... _ .....~,~d ~.. gym......,. -=_". ~ - i THIS IS AN ARBITRATION MATTER. ' i ASSESSMENT OF DAMAGES HEARING ~I REQUIRED. y GORDON & WEINBERG, P.C. BY: FREDERIC T. WEINBERG, ESQUIRE Identification No.: 41360 21 S. 21ST STREET PHILADELPHIA, PA 19103 2'15/'988-9600 eIndia.comm, Inc. d/b/a . eIndia Technology Solution 21300 Victory Blvd. . Woodland Hills, CA 91367 vs. . Delta Development, Inc. 2000 Technology Pkwy Ste. 200 . Mechanicsburg, PA 17050 . COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT Ili CIVIL ACTION 1. At the special instance and request of the defendant(s), plaintiff sold and delivered to the defendant(s) merchandise and services, on the dates, of the kinds, in the amounts and for the prices set forth in a true and correct copy of plaintiff`s books of original entry attached hereto, made part hereof, and marked Exhibit "A". 2. Defendant(s) accepted said merchandise and services without complaint. 3. The prices set forth in Exhibit "A" are the market prices for the said merchandise and services, and are the prices which the defendant(s) agreed to pay therefor. 4. All the credits, if any, to which the defendant(s) is(are) entitled are set forth in Exhibit "A". 5. Plaintiff has made demand upon the defendant(s) for payment of the amount due, but the defendant(s) has (have) failed - and refused and still refuse(s) to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,955.00 together with interest and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WETNBERG, ESQUIRE Attorney for Plaintiff POMS VERIFICATION I, the.undersi ned, in my capacity as ~ i (, QJ ~~(~ (~9~' -~j ~~ (1,i,ndlto.- , ~~ ~ ~,~ ~ ~ Gih of V v~~ Q~(,~~ti ~ ~ ~ aintiff herein, certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I make this Verification subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties. DENMB A. MUEFttfNBACH Coterr~alon 81T33046 ~" ~ ~a K ~ ~ r t .r~ r +Kycan.rd~saw2~'2aos Print or Type Name Sabseri6edands~wmrobak7anllea•_ 3 ~~A,,,~,~ <- ~~ Sib a re ~'`~- .~ Form 9 -Page 1 EXHIBIT "A" SEryT BX:.XAVIENT ''~CHNOLOGIES; 818 5987580; MAY-18-01 10:24AM; PAGE 2!4 ~Tndta Technology Solutions `f _ ~` InVO_IC@ 21300 Victory Blvd., Suite 1200 Wcodiand FIAIs, CA 81367 Tel: b18-fi913 7900 DATE INVOICE # Fax: 818.598 7680 "' 1!5/2001 1001.28 Sill TO pelts Development Ait: Bob Carbury 2000 Technology Parkway Sulte 200 Mechanicsburg, PA 17050 PO Number Terms fdel 16 Due Date I Sales Person PRO]fCT CONSULTANT , _.....]OB DESCRIPTION Shariq Akhtar On sks consulting work for the period oT 1 117/15/00 1/20/2001 I......3-Z' lioulis RATE to ........6s.s 7o.ao AMOUNT $3,955.00 ._.__ a _,-I. Total .- _, y:,~a~ .~... __._._ .. _:.. _. ..,. mmr~mv ~_,... . nro~ .o-r:t:s:; ,SENT BY: XAV.IENT TECNNOLOGTES; 818 5987580; MAY-18-01 10:25AM; PAGE 414 FROH'~: SOR~TECFWOL.OGIES INC y~Wf N0. ~ O1Ifi'g51315 TANCON INFORMATION S06UTiONg Yow Qlaba/ /T RsrtnK 2725-8 Madprq Road Sirnt VaMeT, CA 93065 uSA 805.58?.44t0 Fax:805.562.4A31 Bi8.S98.7590 ~~ 2(~ w.a1F~-... ~'- rC ~ ~ .. ~.; ~_. .,•. ~~~~~~ Empioyse Hams: Shariq ntchtsr T8le: Wpb Devabper Empipyep Number: 1080 Statue: t:Onbaetor -- ~ _ OeDtt: ProdcuUpn 8upsrviaer John Doucette -- ~~~- Opts Stott Tittle End Thtes Regular Hra. C7vertime Mra, Totar rtr3. t0/0310tl 9,OC 5.00 8 ~ -~ t~ro3ntri 9.Ia'k ~~oo to ~ -- -. aft/batlil 2.18' l'.795 i •.. _= Y iiftlp'5td0 $3p 4.00 ~ 8.30 ~ e : 9 ._ 10106/00 9.00' 5:00 8 :~ 1NlEERKIYTOTALB ..37:30 0 ~•.,' _,._~. Supervisor 9ipnature: Date: 10/10/00 .... -~_ Oate; 70110/00 &E,NT &Y:.,XAV.IENT TECHNOLOGIES; 818 5987580; c'Rpb SOR TECFPJOLC~IES 1NC `fCnt ,4r1. 8188651315 TANDON INFORMATION SOLt1TIONS Year Gteba! lT QarMer 2123-8 Madera Road s..:.',~fitTli WaIISY. CA 83085 USA 803.882.4410 Fax: 806.582.4431 'psi'"'` _- , 818.598.7580 MAY-16-01 10:25AM; PAGE 3/4 •~%j PI ~ t{7!~tTl-s~y{y - - . - ~~ ti ' ti' ,! ~ - Empoyee Mama: Sha!iq Akhtar T"8te: Web Developer Empicyea Number: 1060 Status: Contrseotoi ^....^ _.. papartrnent: Predeudvn Supervisor' John Ooucetts Onto Start Tirrri Entl Tina Reptllar Hrs., t7vartime Hrs. Total t;ra .~ tOHi3f00 10104/©0' tfl.3tl 12.30: 8.q0 4,30 9:90 4 ..'SC ; -• a ~ ---~ .:, ~~, ~: F.e c. nt ~ _ ._ ,.s.~° --- . ... -- YYt.~itLY TtlTAL5 18:00 0 . .. . Employee Signature: ~ Supervisor 5igneture: Data: 10113100 Oete• 10113/00 Verification I, Eric Clancy, state that I am the Secretary/Treasurer of Delta Development Group, Inc. ("Delta") and that I am authorized to make this verification on its behalf and that the facts set forth in the foregoing Preliminary Objections to the Complaint of the Plaintiff, eIndia.comm, Inc., d/b/a, eIndia Technology Solution ("eIndia") are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. ' 4904, providing for criminal penalties for unsworn falsification to authorities. Date: October a , 2001 C~-- Eric Clancy Certificate of Service I hereby certify that I have this day served a true and correct copy of the Preliminary Objections (together with a Proposed Order) by the Defendant, Delta Development Group, Inc. ("Delta") to the Plaintiffs, eIndia.comm, Inc., d/b/a, eIndia Technology Solution ("eIndia"), Complaint upon the following party by registered mail, postage pre-paid, addressed as follows: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 21 S. 21st Philadelphia, PA 19103 (Counsel for eIndia) ,/~ Dated: October 5, 2001 _~9~ ~. ~~•/'~ l~fichael D. Klein, Esquire Carl R. Shultz, Esquire LeBOEUF, LAMB, GREENE & MacRAE, L.L.P. 200 North Third Street, Suite 300 P.O. Box 12105 Harrisburg, PA 17108-2105 (717)232-8199 Fax: (717)232-8720 PA Supreme Court No. 23854 PA Supreme Court No. 70328 Attorneys for Defendant, Delta Development Group, Inc. L~3tw..~JW5:4t+ m.,. .,--r;.--ei- .> _ ., MAY. .u. . =t,. ._ ,..~ .ar .... ~. a@P - ~ iG1{~, ~.~etms. 'q~SYUr,YA ~';4Ytb! OeblEa~... ~' E. f 1 ' t -. ~ `, .. _K C.