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Home My WebLink About01-06352 ".;jL ~ ~"~ ~~ ", ,J J" , '.,~- ~~'" ,""' ~,- '1" M~ii!Ib'>-;;^ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPUTER AID, INC., Plaintiff VS. NO. 01- Io.3S.;l. (It"u:L T~ AUTOLYCUS CORPORATION, Defendant CIVIL ACTION 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 IS 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 MAYBE 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 COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 FEINBERG & ASSOCIATES gg . Femberg, Esqu re Aity I.D. 38629 Attys for Plaintiff 1390 Ridgeview Drive, Suite 301 Allentown, PA 18104-9065 (610)398-4900 ."-='~- . ~ ~ ~. J I"" .J "' -- ", ,L."" _ 0 " "- '-.\~W;",1i>1d"L<' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPUTER AID, INC., Plaintiff NO. 01 ~ WC'~ (!,;:HL ~~ vs. AUTOLYCUS CORPORATION, Defendant CIVIL ACTION COMPLAINT 1. The Plaintiff, Computer Aid, Inc., is a Pennsylvania corporation with an address of 1390 Ridgeview Drive, Allentown, Lehigh County, PA. 2. The Defendant, Autolycus Corporation, is believed to be a Pennsylvania corporation with an address of 3804 Rosemont Avenue, Camp Hill, Cumberland County, PA 17011. 3. Plaintiff is in the business of providing computer software support services. 4. Plaintiff provided personnel on a time and material basis at the rate of $75.00 per hour to perform support services for the Defendant at their Camp Hill, P A location. 5. From November 30, 2000 through May 25,2001 Plaintiff provided services and issued invoices to the Defendant for amounts totalling $71,900.00. True and correct copies of the statement of account and invoices are attached hereto, made a part hereof and marked as Exhibit n An. -,"~~. -~l! ~~''''I' ~"~~ j~'- ~ ~ l .. " :-'i '_""." ~~""""ji''- . . 6. All of the work was performed in a good and workmanlike manner and Defendant has accepted the services rendered. 7 . Despite repeated demands, Plaintiff has failed and refused to pay the outstanding balance due in the amount of $71,900.00. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $71,900.99 plus interest at the rate of 6% from the date of filing and costs of suit. FEINBJ1RG & ASSOCIATES , (' / / Gregg M. einberg, Esquire Atty J.D. 38629 Attys for Plaintiff 1390 Ridgeview Drive, Suite 301 Allentown, PA 18104-9065 (610)398-4900 1: ~- ~ , ~, , ---'", I ~~.1k!i~p,;~_ Autolycus, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 USA 10/29/01 Cust Code: 01153 Invoice No P.O. Number Inv Date Due Date Orig Amount Payments/Credits Balance N49274 SOW 10/30/00 11/30/00 12/30/00 4848.96 .00 4848.96 N49843 SOW 10/30/00 12/20/00 01/19/01 4848.96 .00 4848.96 N50363 SOW 10/30/00 12/31/00 01/30/01 6364.26 .00 6364.26 N51237 SOW 10/30/00 01/26/01 02/25/01 11421.57 .00 11421.57 N51517 SOW 10/30/00 01/31/01 03/02/01 3636.72 .00 3636,72 N51812 SOW 10/30/00 02/16/01 03/18/01 7027.20 .00 7027.20 N52260 SOW 10/30/00 02/23/01 03/25/01 7538.62 .00 7538.62 N52833 SOW 10/30/00 03/16/01 04/15/01 8561.45 .00 8561.45 N53406 SOW 10/30/00 03/31/01 04/30/01 8485 . 68 .00 8485.68 N54139 sow 10/30/00 04/20/01 OS/20/01 4848.96 .00 4848.96 N54566 sow 10/30/00 04/30/01 05/30/01 3030.60 .00 3030.60 N55580 sow 10/30/00 OS/25/01 06/24/01 1288.01 .00 1288.01 01 - 30 .00 31 - 60 .00 61 - 90 .00 91 ~ Over 71900.99 Total 71900.99 Send Remittance To: Computer Aid 1390 Ridgeview Drive Allentown, PA 18104 USA >i'-~ '-I,<",~~~-~" ~~. ..--. " ~ ",*" _..;~~, '<_,~ ~,';"~'"~~' ".,l ~.", i- ~1l-~',r,i;~.~,,", OCT-11-2001 08:49A FRO~J: TO: 16103984057 P:2/13 . Computer Aid, Inc. INVO,ICE Customer: Autoly~us, Inc. Site : Autolycus, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Invoice Number: N49274 Remit To: Computer Aid 1390 Ridgeview Orive Allentown. PA ,18104 Bill To Autolycus, Inc. 3804 Rosemont Avenue Camp Hi It, PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: Order Date: Bi II To AUT02239TM 10/30/2000 01153 Invoice Date : Terms Bi L Ling period: 11/30/2000 NET 30 10/29/2000 - 11/18/2000 notes: T&M Services PLEASE DIRECT BilliNG INQUIRIES TO llNDA BUNDRA AT (610)530-5003 Employee Name Hours Bilt Rate Amount KLinger, Eric 64.00 75.00 4800,00 Invoice Gross Amt: 4800.00 Billing Inquiries: 610-530-5003 Customer Service : 610-530-5000 Employee Costs TaxabLe Service Fee: (3984.00) 816.00 Sales Tax Total 48.96 Invoice Total 4848.96 I CUSTOMER REPRINT-REP Page: 1 High Produdivity · Fixed Prite . On Time · Within Budget .' Defined Protesses . Metrits .. ~';;j -'-='~"""""'-'>'~~~>" ~~-~ - OCT-1l-,:!001 08:49A FRO~I: Computer Aid, Inc. Customer: Autolycus, Inc. Site Autolycus, Inc. 3804 Rosemant Avenue Camp Hill, PA 17011 United States of America Invoice Number: N49843 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA ~81 04 aiLl To Autolycus, Inc. 3804 Rosemant Avenue Camp Hill. PA 17011 United States of America Customer PO No: SOY 10/30/00 Job Number: Order Date: Bill To AUT02239TM 10/30/2000 01153 Invoice Date Terms Bill ing Period: 12/20/2000 NET 30 11/19/2000 - 12/02/2000 Notes: T&M Servi ces PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530-5003 TO: 16103984057 INVOICE .~ <<-J;,~"i>J!,";." P:3.'13' Employee Name Hours Amount Kl inger, Eric 64.00 Bill Rate 75.00 4800.00 Billing Inquiries: 610-530.5003 Customer Service : 610-530-5000 4800. 00 Employee Costs Taxable Service Fee: Invoice Gross Amt: (3984,00) 816.00 Sales Tax Total Invoice Total 48.96 4848.96 If I I i CUSTOMER REPRINT-REP Page: 1 High Productivity · Fixed Price . On TIme . Within Budget .' Defined Processes · Metrics "'- - ~,,'"'~~,~ " ----~ '. " ~ - - ~ . ~...~ - "--~ -nll'~-'"">'~ --~"'-~kM<~id!IJ&;",-." OCT -11-,2001 08: 49A FRO~I: TO: 16103984057 R:+13. INVOICE Computer Aid, Inc. Customer: Autolycus, Inc. Site Autolycus, Inc. 3804 Rosemont Avenue Camp Kill. PA 17011 United States of America Invoice Number: NS0363 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA 18,104 Bil t To Autolycus, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Customer PO No: so~ 10/30/00 Job Number: Order Date: ail l To AUT02239TM 10/30/2000 01153 Invoice Date : Terms Bitting Period: 12/31/2000 NET 30 12/03/2000 - 1211612000 Notes: T&M Services PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530.5003 Butter/MarshalL time on Dec. 4 is free of charge. .. Ye Apprec;ate Your Business! Employee Name Hours Bil L Rate Arnount But lel', Becky Klinger, Eric Marshall, Michael Marshall, Michael 2.00 80.00 4.00 4.00 0.00 75.00 0.00 75.00 0.00 6000.00 0.00 300.00 BilLing inquiries: 610.530-5003 Customer Service: 610-530-5000 lnvoiee Gross Amt: 6300.00 Emptoyee Costs Taxable Service Fee: (5229.00) 1071.00 Sales Tax Total 64.26 Page: 1 I Invoice Total 6364.26 CUSTOMER REPRINT-REP High Productivity · Fixed Price . On Time . Within Budget .' Defined Processes . Metrics JIr.., """ -,.~ ~._~. " - -. OCT - 11 - ,=001 08: 50A FRO~I: Computer Aid, Inc. Customer: Autolycus. Inc. Site Autolycus, Inc. 38Q4 Rosemont Avenue Camp Hill, PA 17011 United States of America Invoice Number: N51237 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA < 18104 ai II To Autotycus, lnc. 3804 Rosemont Avenue Camp Kill, PA 17011 United States of America Customer PO ~o: SOY 10/30/00 Job Number: Order Date; Bi II To KAUT2239TM 01/01/2001 01153 lnvo; ce Date Terms Billing Period: Notes: T&M Servi ces PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNORA AT (610)530-5003 01/26/2001 NET 30 12/3112000 -,~._~ - 01/13/2001 ~ '--'~'~~'-"-"" .~'~- ''1 TD:lb103984057 INVOICE "'lr';""")r,~1'OI*;'" 1;':5-'13, EmpLoyee Name Amount Butler, Becky Dress, Robert Henry, Michael James, Mark KL inger, Eric MarshaLL, Michael Moore, Barrett Murray, Vi clei Smith Jr, KarL Smith, Oonald Hours 7.75 2,00 1.50 22.00 80.00 4.00 6.50 25.00 1.00 1.00 8i II Rate 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 581.25 150,00 112.50 1650.00 6000.00 300.00 487.50 1875.00 75.00 75.00 Billing tnquiries: 610.530.5003 Customer Service: 610.530-5000 11306.25 Employee Costs Taxable Service Fee: Invoice' Gross Amt: (9384.19) 1922.06 sales Tax Total Invoice Total 115.32 11421.57 I CUSTOMER REPRINT.REP Page: 1 High Produdivity · Fixed Price · On Time . Within Budget .- Defined Processes . Metrics ,,:, .,,,,~ .~ -~~.... ,. "~,~ " -' - [JeT - 11 - 2001 08: 501'1 FRO~I: ~~ Computer Aid, Inc. Customer: AutoLycus, Inc. Site .4.utolycus, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Invoice Number: N51517 Remit To: Computer Aid 1390 Ridgeview Orive Allentown, PA 1~104 8itl To Autolycus, Inc. 3804 Rosemant Avenue Camp Hill, PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: Order Date: Bill To AUT02239TM 10/30/2000 01153 Invoice Date Terms Billing Period: 01/31/2001 NET 30 12/17/2000 - 12/30/2000 Hates: T&M Servi ces PLEASE DIRECT BILLING INCUIRIES TO LINDA BUNORA AT (610)530-5003 ","""",",." '''''~.-" ,- _u_ '"''""'' oI=.b,"...~. ~M>i TO: 16103984057 P:6' 13 INVOICE Employee Name Amount Klinger, Eric Marshall. Michael Hours 40.00 8.00 BilL Rate 75.00 75.00 3000.00 600.00 Billing Inquiries: 610-530-5003 Customer service : 610-530'5000 Invoice Gross Amt; 3600.00 Employee Costs TaxabLe service Fee: (2988.00) 612.00 Sales Tax Total 36.72 Invoice Total 3636.72 CUSTOMER REPR1NT-REP Page: 1 High Productivity · Fixed PrIce . On Time . Within Budget . Defined Processes · Metrics ~ "') ,-",;4"",~,~,".~.- ..... "-~. . ~ ............- QCT-11-2001 08:50H FRD~I: Computer Aid, IlIc. Customer; Autalycus, inc. Site Auto lycus , Inc. 3804 Rosemant Avenue Camp Hillz PA 17011 United States of America Invoice Number: N51812 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA 1.8104 Bi II To Autolycus, Inc. 3804 Rosemont Avenue tamp Hill, PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: Order Date: Bi It To KAUT2239TM 01/01./2001. 01153 Invoice Date : Terms Billing period: 02/16/2001 NET 30 01/14/2001 Notes: T&M Services PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530-5003 . 01/27/2001 '-' '.IM"'I!lI-I'-' "~ ~ , . '--';~~~-~;."!,, TD: 16103984057 P:713, INVOICE Employee Name Amount Butler, Becky Dress, Robert James, Mark: Klinger, Eric Marshall, Mitnael Probst, Tracy Hours 2.25 1.00 2.00 80.00 5.00 2.50 Bill Rate 75.00 75.00 75.00 75.00 75,00 75.00 168.75 75.00 150.00 6000.00 375.00 187.50 Bill;ng Inquiries: 610-530-5003 Customer Service: 610-530-5000 Invoice'Gross Amt: 6956.25 Employee Costs Taxable Service Fee: (5773,69) 1182.56 Sales Tax TotaL 70.95 Invoice Total 7027.20 CUSTOMER REPRINT.REP Page; 1 High Productivity · Fixed Price · On TIme . Within Budget .' Defined Processes · Metrics ~ .,._-'" ~ ~~~- ~~ <~ - ~ >~ OCT-11-2001 08:51>'1 FRO~I: Computer Aid, Inc. Customer: Autolycus, Inc. Site Autolycus, Inc. 3804 Rosemant Avenue Camp Hill, PA 17011 United States of America -~ Invoice Number: N52260 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA 18~04 Bil t To AutoLycus, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: Qrder Date: 8; II To KAUT2239TM 01/01/2001 01153 Invoice Date Terms Billing period: Notes: T&M Servi ces PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNORA AT (610)530-5003 02/23/2001 NET 30 01/28/2001 -, ~~ - ~_., ~ I -" 1OW!lf,~~#.m,,"j P:8< 13 TO: 1 is 103984057 INVOICE - 02/10/2001 Employee Name Amount Butler, Becky Hildebrand Jr, Thomas Klinger# Eric Marshall, Michael Hours 1.50 8.00 80.00 10,00 Bi II Rate 75,00 75.00 75.00 75.00 112,50 600.00 6000.00 750.00 BiLling Inquiries: 610.530-5003 Customer Service: 610-530-5000 7462.50 Employee Costs Taxable Service Fee: Invoice Gross Amt: (6193.87) 1268.63 Sates Tax Total Invoice Total 76.12 7538.62 I CUSTOMER REPRINT-REP Page: 1 High Produdivity · Fixed Pri(e . On Time . Within Budget · Defined Pro(esses . Metriu ~ ~i '"~...~"-~ ~ ~~ ..~~~'. QCT-11-2001 08:51A FROM: Computer Aid, IlIc. Customer: Autolycus, Inc. Site Autolycus, Inc. 3804 Rosemont Avenue campHiLL,PA 17011 United States of America Invoice Number: N52833 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA ,18104 Bill To Autolycus, Inc. 3804 Rosemont Avenue Camp HilL, PA 17011 United States of America Customer PO No; sow 10/30/00 Job Number; Order Date: Bil L To KAUT2239TM 01/01/2001 01153 I nvoice Date Terms Bi lling Period: 03/16/2001 NET 30 02/11/2001 Notes: T&M Servi ces PLEASE DIRECT BILLING INQUIRIES TO LINDA BUN ORA AT (610)530-5003 - 02/24/2001 ;; jfJ .~-~- ~"' ~~' , ,",'~i00,_..".~i" TiJ: 16103984057 P:9' 13, INVOICE Empt oyee Name Amount Butter, Becky Hildebrand Jr, Thomas Klinger, Eric Hours 3,00 46.00 64,00 Bill Rate 75.00 75.00 75.00 225 . 00 3450.00 4800.00 Billing Inquiries: 610-530-5003 Customer Service : 610~530-5000 8475.00 Employee Costs Taxable Service Fee: Invoice Gross Amt: (7034.25 ) 1440.75 Sales Tax Total 86,45 Invoice Total 8561,45 CUSTOMER REPRINT'REP Page: 1 < _, ~_ 0' ,- High Productivity · Fixed Price . On TIme · Within Budget .. Defined Processes · Metrics ,,~, . ~--- -~~ ~ .,~---" -~~ ,~ ~ 'f~' ~.~u ~~'."'f' -~~.,oM"ti~h~if,W;"'~_j-,- OCT-11-2001 08:511'1 FRml: TO: 16103984057 P: 10 13 INVOICE Computer Aid, Inc. Customer~ AutotY~U$. Inc. Site Autolycus. Inc. 3804 Rosemont Avenue C."", Hill, PA 17011 united States of America invoice Humber: >>53406 Rem;t To: Computer Aid 1390 Ridgeview Orive All entown, PA , 18104 Bill To Autolycus. Inc. 3B04 Rosemont Avenue Camp Hill, PA 17011 united States of America Customer PO No: SOY 10/30/00 Job Number: Order Date: 8n l To ICAUT2239TM 01/01/2001 01153 Invoice Date Terms 8i It iog Period: 03/31/2001 NET 30 02/25/2001 - 03/17/2001 Notes: T&t<1 Services Pl.ASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530-5003 Employee Name Hours 8 i II Rate Amount Kl 'l'oger. Eric 112.00 75.00 8400.00 Billing Inquiries: 610-530.5003 Customer Service: 610-530-5000 Invo;ce Gross Amt: 8400.00 Employee Costs Taxable Service Fee: (6972.00) 1428.00 Sales Tax Total 85.68 Invoice Total 8485.68 CUSTOMER REPRINT-REP Page: 1 High Productivity · Fixed Price · On TIme · Within Budget .' Defined Processes . Metrics < -'- Ii;. - "'-.~ ~ " -.. ~-- '"" ~~~ ~ , " "- "' ~~ , "~lO.~'~~;; QCT-11-~o.01 0.8:511'1 FPo.~l: TO.: 161039840.57 P: 11,"13 i , i ..__-I INV01CE Computer Aid, Inc. Customer: Autolycus, Inc. Site Autolycus, Inc. 3804 Ros~ont ~venue Camp HiLL, PA 17011 United States of America Invoice Number: N54139 Remit 1'0: Computer Aid 1390 Ridgeview Orive Allentown. PA 18104 Bi LL To Autolycus, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: Order Date: BilL To KAUT2239TM 01/0112001 01153 1 nva i ce Date Terms Bi II ing Period: 04/20/2001 NET 30 03/1812001 . 03/31/2001 Notes: T&M Services PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530-5003 EmpLoyee Name Hours Bilt Rate Amollnt Klinger, Eric 64.00 75.00 4800.00 Billing Inquiries: 610.530-5003 Customer Service: 610-530-5000 Invoice Gross Amt: 4800,00 Employee Costs Taxabte Service Fee: (3984.00> 816.00 SaLes Tax Total 48.96 Invoice TotaL 4848.96 Page: 1 CUSTOMER REPRINT-REP High Productivity · Fixed Price . On TIme · Within Budget ." Defined Processes . Metrics .. n ,,~~',' ^~-'~"'.~... ~'- ~ ~.< J .. """-'- .I\1..lU:II~;"'" .~ 1IIl;;lE- ~ ~';~"~!l.'SiOol,~, QCT -11-.2001 08: 5211 rRO~I: TO: 16103984057 1;': 12/1] Computer Aid, Inc. INVOICE Customer: Autolycus, InC. Site Autolycus, InC. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Invoice Number: N54566 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA 18104 Bitt To Autotycus, Inc. 3804 Rosemant Avenue Camp Hill, PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: Order Date: Bi L L 10 KAUT2239TM 01/01/2001 01153 Invoice Date : Terms 6i 1 ling Period: 04/30/2001 NET 30 04/01/2001 - 04/14/2001 tJotes: T&M Servi ces PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530-5003 EmpLoyee NamE! Hours Bi 1 L Rate Amount KL inger, Eric 40.00 75.00 3000.00 Billing Inquiries: 61D-530w5003 Customer Service: 61D-530w5000 Invoice Gross Amt: 3000.00 EmpLoyee Costs TaxabLe Service Fee: (2490.00) 510.00 SaLes Tax Total 30.60 lnvoice Total 3030.60 Page: 1 CUSTOMER REPRINT-REP High Productivity · Fixed Price · On TIme . Within Budget ., Defined Processes · Metrics Ii;. '" - "~, ''''''''''''~"' ~,~ ' W~" -. - - .....'''~.,~-~ . .........-""" ~ ,~ . ..~'~ TIf<I,...,4:l>f""""""1il1 ~~. l>it,~_",'''''''&'';[;-l"",i.''''" QCT -11-.2001 08: 52A FRO~I: TO: 16103984057 f": 13'1:;) Computer Aid, Inc. I NVO'I'CE Customer: Autotycus, InC. Site Autolycus, InC. 3804 Rosemant Avenue Camp Hill, PA 17011 United States of America Invoice Number: N55580 Remit To: Computer Aid 1390 Ridgeview Drive ALlentown, PA 18104 Bitt To Autotycus, Inc. 3804 Rosemont Avenue Camp Rill, P' 17011 united States of America Customer PO ~o: SOW 10/30/80 Job Number: Order Date: Bilt To KAUT2239TM 01/01/2001 01153 Invoice Date : Terms Billing Period: OS/25/2001 MET 30 01,/29/2001 - 05/12/2001 Notes: T&.M Servi ces PLEASE DIRECT BILLING INQUIRIES TO LIND' BUMDRA AT (610)530-5003 Employee Name Hours Bill Rate Amount Klinger. Eric 17.00 75.00 1275.00 BiLLing Inquiries: 61G-530.S003 Customer Service : 610-530~5000 Invoice Gross Amt: 1275.00 EmpLoyee Costs Taxable service Fee: (1058.25 ) 216.75 Sates Tax Total 13_01 Invoice Total 1288.01 ; I I I CUSTOMER REPRIH1-REP Page: 1 High Productivity · Fixed Price . On lime . Within Budget ., Defined Processes . Metrics ..- J?Q <.:--~~" - '" ~'. ~ -"""""'" " :..."="- ~ ~~~ ",- ~; ~L. 1~<W<I"'!''H~h<\,~,' VERIFICATION I, Nancy Breidenbach, Secretary, of Computer Aid, Inc., verify that I am authorized to make this Verification on its behalf and I verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. COMPUTER AID, INC. By:~rrff:Ke&~; d VYZk:v.b Nancy Bre tlenbach, Secretary '" ld~i;~~1:tib]{~~;;'M-",j!,W;~ "__'-'6'i',ilii.,;;Aii'<L>;:"":M'_'~_~',.M;""",,__~,,!'cl_,,L"~~')'!'i-'-'''.oi"''_{rill'''"''e,,<lj~~~~.~JiliQ - , l'~~~'1cl:>l.IR'A;,i'itb"i'>,W!1IlJi!lt:!:!1r~_.JM '- . -n",h'-_[''1k;~;'>' 1&.- '~-- ?i G:l -lQ. 0 ---, ~ ~ c ..l::: ~,;: !-1 h9 [L - 8 r- ~ .,;. ~ ::::- D (j': r- ""l -"c- D () () r.::~ ~ - -<:l I _." .~ .' r ~ )> ;--.-' i"~': ~ '--., :/:::'" '.J r:- ~ -< c') '-!.... +111.J~,,_1 ' U Ii .1' L ~,~,~,Jk ~~~,J,~ ,?i,~.IJ:.~,~);"J,ii;;:!" ",;_.~",~t~,Jl,~L.".J UJJJJ__WJ].,_^,U,",,~;,~t' :~ .u, ,-' r T'~IJ!,UJ' J_LUI__._~gJ)_",Jj.4vJ_".,.. _.. " ." ., ~''''''''''~''''''',''''''''''''-Il;__'-'k'." , " l ~.c " -; --" ~ l"";;"1'~S:~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06352 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMPUTER AID INC VS AUTOLYCUS CORPORATION SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AUTOLYCUS CORPORATION the DEFENDANT at 1858:00 HOURS, on the 13th day of November, 2001 at 3804 ROSEMONT AVENUE CAMP HILL, PA 17011 by handing to JOHNNY STRIGLE, EMPLOYEE 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 Service Affidavit Surcharge So Answers: 18.00 7.80 .00 10.00 .00 35.80 r'"~~~~ R. Thomas Kline 11/14/2001 GREGG FEINBERG Sworn and Subscribed to before By: rS~ 'm. 0Wt~ Deputy Sheriff me this ;u. ~ day of ~ :;)AnJ1 A.D. (~~(L~.>~ Prothonotary , ::,;;:L.,.,," I ' I J 1 <',r"i.\""'d:"""I,:",l';,W!';J<'-hj,,i&;f&!~ilil;l:KE~~~"","':"'id~~~~~i!I!6lrll- ES ~8 ,J~l!ll]"J"jj,ll,~",,",!l~.d+,~mr::' J ~ .1" 1,', I I" " ,,", ",'. """~l~lll!1~,M,~",l-"",,,l _Il:~. , ~""- "" ~-"'--"",~"*-^ ,",,' - ,__~:,_,,,,:"-. ." - h'__',.', ~~,',"",~c~ -"1_{,_~," -',&,nN,: MAY & MAY, P.C. BY: ROBERT C. MAY, ESQUIRE Attorney I.D. # 65602 3438 TRINDLE ROAD CAMP HILL, PA 17011 (717) 612-0102 Fax: (717) 612-0103 ATTORNEYS FOR DEFENDANT AUTOL YCUS CORPORATION To: Computer Aid, Inc., You are hereby notified to file a written response to the enclosed new matter and counterclaim within twenty days from service hereof or a judgment may be entered against you. ~,(.~ Robert C. May, Esquire COMPUTER AID, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION AUTOL YCUS CORPORATION NO. 01-6352 Civil Term Defendant. JURY TRIAL DEMANDED THE ANSWER, NEW MATTER AND COUNTERCLAIM OF THE DEFENDANT, AUTOLYCUS CORPORATION. TO THE PLAINTIFF'S COMPLAINT 1. After a reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph, Strict proof is demanded at trial, if relevant. 2, Adnritted. 3, After a reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph, Strict proof is demanded at trial, if relevant. 4. It is specifically denied that the Defendant had entered into an agreement to pay the Plaintiff for support services on a time and material basis at the rate of$75,OO per hour. '\1] ., ~I ". i'- -,'''' '-,.'-.:", "-.~~}- 5. After a reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph. Strict proof is demanded at trial, if relevant. It is specifically denied that the Defendant is obligated to pay these amounts or that the invoices were issued as a result of any agreement, either implied or express, to pay the same. 6, The averments of the corresponding paragraph of the Complaint are legal conclusions to which no responsive pleading is required, To the extent a response may be deemed required, it is specifically denied that any work performed by the Plaintiff was done in a good and workmanlike manner and that the Defendant had accepted the services as rendered. 7. It is specifically denied that the Plaintiff made repeated demands for the outstanding balance of $71,900.99. Strict proof is demanded at trial, ifrelevant. By way of further answer and response, it is specifically denied that the Defendant is obligated to pay the Plaintiff$71,900.99 or that the invoices were issued as a result of any agreement whether implied or express to pay the same. WHEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for all damages recoverable by law including incidental and consequential damages and further including reasonable attorney's fees and costs and such other further relief as this honorable Court deems just and proper. -2- ...lit!! v "-', t"' 1-,"'__",1'",,"' -.' ';~_~"';..,jji ,:; ,,' " ,_, ,_ ;,,,-, _~;', NEW MATTER 8. Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 7 with the same force and effect as if set forth at length. 9, Plaintiffs' complaint fails to state a claim upon which relief can be granted. 10, Plaintiff's claims are barred by the applicable statute of limitations. 42 Pa.C.S. ~ 5524, 11, Defendant hereby gives notice that it intends to rely upon such other and further affirmative defenses as may become available and apparent during discovery proceedings in this matter. 12. The agents, servants, employees, principals, and/or officers of the Plaintiff did not actually work all the hours alleged in the invoices attached to its Complaint. Therefore, to the extent that the allegations of the Complaint could be considered true, which Autolycus Corporations denies, Autolycus Corporation is not liable to pay for any hourly services not actually perfonned by Computer Aid, Inc, 13. Plaintiff's failure to provide the services in a workmanlike manner is a material breach of the alleged oral or written contract between the parties which bars the Plaintiff's claims, 14. Plaintiff's failure to provide the services in a workmanlike manner constitutes non- perfonnance of the alleged oral or written contract. 15. Plaintiff's failure to provide the services in a workmanlike manner pursuant to the alleged oral or written contract bars the Plaintiff's action by the defense offailure of consideration. -3- "~ -.w, ",' : 'i ,_",_ ~ _ i," '" - A~-'" "",~'C~i-.;,,,,-;":i ;c;.";,, ,,~,_" ,_."" M 16. Plaintiff's failure to provide the services in a workmanlike manner pursuant to the alleged oral or written contract was a surrender of the Plaintiff's rights under the contract and Plaintiff's claim is barred by the defense of waiver. 17. Plaintiff's failure to provide the services in a workmanlike manner pursuant to the alleged oral or written contract bars the Plaintiff's claim by the defense of unclean hands, 18. Plaintiff's failure to provide the services in a workmanlike manner pursuant to the alleged oral or written contract bars the Plaintiff's claim by the defense of estoppel. WHEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for all damages recoverable by law including incidental and consequential damages and further including reasonable attorney's fees and costs and such other further relief as this honorable Court deems just and proper. NEW MATTER ASSERTING AFFIRMATIVE DEFENSES OF FRAUD AND/OR NEGLIGENT MISREPRESENTATION 19, Autolycus Corporation hereby incorporates by reference Paragraphs I through 16 with the same force and effect as if set forth at length. 20. Plaintiff's complaint seeks to recover the sum of$71,900.99 from Defendant, alleging a breach of an alleged oral or written contract for computer consulting services rendered. -4- , '~ -, -- ~,' ~ ''''~', -'~--"o." ,~' .', < _"" ',""'.~ _',"",,,,,,,; , " ~, "i0,; 21. Defendant did not agree to execute any oral or written contract to pay for services unless, Computer Aid, Inc., through its agents, servants, employees, principals, and/or officers represented to Autolycus Corporation that Autolycus Corporation would use the services of Computer Aid, Inc., free of charge until its Spin Image DVTM, which is Autolycus Corporation's first product to market, was shipped. At that time in the product cycle development, Autolycus Corporation had no cash on hand, no product to the market, had no intention of incurring any liability whatsoever for consultants, and these facts were communicated to Computer Aid, Inc. Any services provided prior to the shipment of Spin Image DyrM were performed strictly "on spec" on the hope by Computer Aid, Inc., that Autolycus Corporation would be satisfied with the services and retain Computer Aid, Inc, after product shipment began, Further, any such paying services would only be agreed to by Autolycus Corporation if set forth in a written agreement, as is customary in the computer consulting industry. 22. Plaintiff did not attempt to bill or collect for its alleged services prior to such time as it became clear that Autolycus Corporation would not be using Plaintiff's services on a paying basis. All attempts by Plaintiff to obtain a written contract from Autolycus Corporation were unambiguously rejected by Autolycus Corporation at all relevant times. 23. All work performed by Computer Aid, Inc" was to be performed in a workmanlike manner. Computer Aid, Inc., represented through its agents, servants, employees, principals, and/or officers that all of their technicians were qualified to work with -5- """ ". I" ,~ -,,~," -' - ~'- ',. ".'""<'" ',' ,- ,- .< <'iWiiUii:,. sensitive computer hardware and to troubleshoot and develop computer software similar to Autolycus Corporation' Spin Image Dvm software. Autolycus Corporation communicated to Computer Aid, Inc., the fact that the Spin Image Dvm software project involved the production of ground-breaking, state of the art technology that would require highly skilled technicians to be of any assistance to Autolycus Corporation. 24. The aforesaid representations by Computer Aid, Inc., regarding the skill level of their technicians were false and fraudulent, and the Plaintiff made such representations either knowing them to be false, in reckless disregard of their truth or negligently. 25. As a proximate result of Plaintiff's false, fraudulent, reckless, and/or negligent misrepresentations and Defendant's justifiable reliance upon same, Defendant suffered damage in the amount of up to $10,000 to repair the damage done to its systems and software by Computer Aid, Inc. 's, agents, servants, employees, principals, and/or officers, more specifically, but not limited to, Eric Klinger. Autolycus Corporation also incurred roughly $20,000 in lost revenues due to the delay in getting the Spin Image DV software to marked caused by the Plaintiff's false, fraudulent, reckless, and/or negligent misrepresentations. In addition, Autolycus Corporation expended resources in the approximate amount of $30,000 in training Computer Aid, Inc.'s, agents, servants, employees, principals, and/or officers, more specifically, but not limited to, Eric Klinger, to become proficient with basic computer systems, troubleshooting and developing Spin Image Dvm software. These amounts serve to offset or diminish -6- ,', ,',k"-,,',,",,,~ "'"'-'-"- -~"~-<i.--_i:, "-', "" "], ~"', -~~;.c Plaintiff's claim for recovery. 26. Because Plaintiff so engaged in fraudulent misrepresentations with regard to the alleged contract, Plaintiff is precluded from unjustly enriching itself by here seeking damages under an alleged oral or written contract, and Plaintiff's action is barred, WHEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for all damages recoverable by law including incidental and consequential damages and further including reasonable attorney's fees and costs and such other further relief as this honorable Court deems just and proper, COUNTERCLAIM 27. Autolycus Corporation hereby incorporates by reference Paragraphs I through 24 with the same force and effect as if set forth at length. 28. The Defendant, Autolycus Corporation is in the business of designing and selling Spin Image DVTM software, its only product sold to date. 29. The Plaintiff, Computer Aid, Inc., is in the business of providing computer consulting selVlces. 30, In November of 2000, the then Chief Executive Officer of the Defendant, Autolycus Corporation, Bob Green, had a discussion with a sales representative of Computer Aid, Inc., concerning the services offered by Computer Aid, Inc., which Defendant believes -7- , '--, ",.z~J.' m"'" ,~~---,c"-",~_,,,,,,~,01:"~;;';', ,,,,;,>, "~- "-- . was initiated by the Computer Aid, Inc., representative. 31. In November of 2000, under the direction of its former CEO, Bob Green, Autolycus Corporation was in the process of developing its first product known as Spin Image DVTM. Spin Image DVTM is imaging software capable of displaying images or products in a 360 degree rotation. 32. In November of2000, it was orally agreed between Autolycus Corporation and Computer Aid, Inc., by and through its agents or employees, that the services of Eric Klinger, a computer programmer employed by Computer Aid, Inc., who at that time Autolycus Corporation believed had no assignments upon which to work, and other Computer Aid, Inc., employees would be made available by Computer Aid, Inc., free of charge, in order to allow Autolycus Corporation to evaluate whether the skills and efforts of Computer Aid, Inc.' s, representatives, specifically Mr. Klinger, would prove useful to Autolycus Corporation at some point in the future, 33. Autolycus specifically disclosed to Computer Aid, Inc" its financial position and its inability to make any commitment to employ Computer Aid, Inc.' s, services until such time as Autolycus Corporation had the ability to generate revenues, i.e, when Spin Image DVTM software went to market. 34. The oral agreement, referenced in paragraph 30, contemplated that after Spin Image DVTM went to market, ifMr, Klinger, or other Computer Aid, Inc., representatives proved useful, Autolycus Corporation would be in a position to enter into a written agreement with Computer Aid, Inc., to purchase consulting services to assist the -8- '. ".,-, " ,<, -". ,'. "',,>;, ~, "'" - '" '-" d-_ '~; . development of the next version of Spin Image DyrM software, 35. The oral agreement contemplated that all work performed by Eric Klinger and other Computer Aid, Inc., representatives would be performed in a workmanlike manner, 36. Before Eric Klinger and any other Computer Aid, Inc., employees began consulting at Autolycus Corporation, Computer Aid, Inc., orally represented to Autolycus Corporation that Eric Klinger was qualified to provide software support services including working with the applicable computer systems, finding and correcting flaws in, and aiding in development of Spin Image DyrM software. 37. The aforesaid representations were false and fraudulent, and the Plaintiff made them either knowing them to be false, in reckless disregard of their truth or negligently. 38. In reliance on Computer Aid, Inc.'s, representation that Eric Klinger and other Computer Aid, Inc., employees were qualified to provide services that would be useful in developing the initial version of Spin Image DyrM software, Autolycus Corporation allowed Eric Klinger and other Computer Aid, Inc., employees to work with its employees in a peripheral manner on Spin Image Dvm version 1.0. Primarily, the Computer Aid, Inc., technicians were assigned to testing Spin Image Dvm, and attempting to correct flaws or improve the operation of Spin Image Dvm. 39. Eric Klinger and other Computer Aid, Inc., employees did not perform work upon the computer systems and Spin Image Dvm software of Autolycus Corporation in a workmanlike manner, such that, collectively, Computer Aid, Inc., provided little, ifany, value to the efforts of Autolycus Corporation. After communicating to -9- ''''; 'O'j&c' -~k--' ","" _, ,'j"" '^ " "'-'~>~ki the management of Computer Aid, Inc" the lack of value of the efforts of the Computer Aid, Inc., technicians, the Computer Aid, Inc., technicians ceased their work for Autolycus Corporation. 40. Eric Klinger and other Computer Aid, Inc., employees were not qualified to provide assistance in the development of Spin Image DV"M software version 1.0. 41. As a result of the Eric Klinger's and other Computer Aid, Inc., employees' lack of qualifications and their failure to perform work in a workmanlike manner, Autolycus Corporation had resources distracted from the development of Spin Image DV"M version 1.0, to the training and management of Eric Klinger and other Computer Aid, Inc., employees, and, in fact, in certain instances, was forced to hire Shadetree Corporation to correct several problems caused by the Computer Aid, Inc" technicians, Shadetree Corporation charged Autolycus Corporation approximately $30,000, $10,000 of which was directly attributable to errors caused by Computer Aid, Inc., technicians, Time and resources of Autolycus Corporation diverted to training and managing Eric Klinger and other Computer Aid, Inc., agents, servants, employees, principals, and/or officers is valued at approximately $30,000. In addition, the Autolycus Corporation also incurred roughly $20,000 in lost revenues due to a delay in getting the Spin Image DV software to market, a delay caused solely by the actions of Computer Aid, Inc., enumerated above. -10- ""'-" ~'''.-' ,~' '~.'~"",--, '''-',,,c~,,, '" ", ~,,_ -",~ ""~"" COUNT I BREACH OF CONTRACT 42. Autolycus Corporation hereby incorporates by reference Paragraphs I through 38 with the same force and effect as if set forth at length. 43. All of the resultant losses and damages sustained by Autolycus Corporation resulted directly and proximately from Computer Aid, Inc.,' s, breach of contract in the following particular respects: a. Computer Aid, Inc., breached its oral contract with Autolycus Corporation by failing to provide computer consultants who were competent and qualified to provide services that would be of assistance in the development of Spin Image DVTM software version 1.0, b. Computer Aid, Inc., breached its oral contract with Autolycus Corporation by providing computer consultants whose services actually hindered Autolycus Corporation, and actually damaged Autolycus Corporation, in the development of Spin Image DVTM software version 1.0. 44. As a result of Computer Aid, Inc.'s, breach of contract Autolycus Corporation has suffered direct and consequential damages in having to hire Shadetree Corporation to repair its computer systems and correct errors made by Computer Aid, Inc.' s, consultants to Spin Image DVTM software. In addition, Autolycus Corporation had to incur additional expenses in attempting to train and supervise Computer Aid, Inc.' s, employees, agents, servants, principals and/or officers in developing the Spin Image -11- , .'-" ;";."",,,,,,,,"-,,,->~,-,,,,~,, ,", -~" ,'."-' ';'~-;""-";"~~fo!!l\t~t Dvm software. Furthermore, Autolycus Corporation has suffered damage by a delay in getting the Spin Image Dvm software to market, a delay caused solely by Computer Aid, Inc.' s, actions. WHEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for all damages recoverable by law including incidental and consequential damages and further including reasonable attorney's fees and costs and such other further relief as this honorable Court deems just and proper. COUNT IT VICARIOUS LIABILITY 45. Autolycus Corporation hereby incorporates by reference Paragraphs I through 41 with the same force and effect as if set forth at length. 46. Computer Aid, Inc., provided services to Autolycus Corporation through its employees, agents, servants, principals and/or officers, namely Eric Klinger, Becky Butler, Michael Marshall, Robert Dress, Michael Henry, Mark James, Barrett Moore, Vicki Murray, Karl Smith Jr., Donald Smith, Tracy Probst, Thomas Hildebrand, Jr., and an unidentified sales representative whose identity cannot be detennined at this time because Computer Aid, Inc., is in a better position to detennine this information. It is believed that this information will be revealed during discovery. -12- ~ 'l, l " .','-v','__. ""-"-''-'~',,'"'.' """"~-'-'-"",i~' 47. All of the resultant losses and damages referenced above sustained by Autolycus Corporation resulted directly and proximately from the negligence and carelessness of the above named employees, agents, servants, principals and/or officers of Computer Aid, Inc., in the following particular respects: a. causing damage to the computer systems and Spin Image Dvn< software by negligently and carelessly developing and trouble shooting Spin Image Dvn< software. b. failing to possess the requisite skill and knowledge required to properly work with Spin Image Dvn< software, or with sensitive computer equipment and in developing and troubleshooting software, generally, 48. As a result of Computer Aid, Inc.' s, negligence and carelessness, Autolycus Corporation has suffered direct and consequential damages in having to hire Shadetree Corporation to repair and correct errors made by Computer Aid, Inc.' s, consultants to Spin Image Dvn< software. In addition, Autolycus Corporation had to incur additional expenses in attempting to train and supervise Computer Aid, Inc.' s, employees, agents, servants, principals and/or officers in the proper methods for working with, troubleshooting and developing Spin Image Dvn< software, Furthermore, Autolycus Corporation has suffered damage by a delay in getting the Spin Image Dvn< software to market, a delay caused solely by Computer Aid Inc,' s, actions. -13- k; " -,-., '~ ,-,J '",~~ " -- ~";"''''<' .- '," ~-""- , "". ci;" ~~<-~; WHEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for all damages recoverable by law including incidental and consequential damages and further including reasonable attorney's fees and costs and such other further relief as this honorable Court deems just and proper. COUNT ill NEGLIGENT MISREPRESENTATION 49. Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 45 with the same force and effect as if set forth at length. 50. As a direct and proximate result of Plaintiff's negligent misrepresentations and Defendant's justifiable reliance upon same, Defendant has suffered damage in the amount of up to $10,000 to repair the damage done to its Spin Image DVTM software by Computer Aid, Inc.'s, agents, servants, employees, principals, and/or officers, more specifically but not limited to Eric Klinger. In addition, Autolycus Corporation expended valuable resources in the approximate amount of $30,000 in attempting to train and supervise Computer Aid, Inc.'s, agents, servants, employees, principals, and/or officers, more specifically but not limited to Eric Klinger, to become proficient with Spin Image DVTM software, it's development and troubleshooting, Furthennore, Autolycus Corporation has suffered damage rougWy in the amount of$20,000 by a delay in getting the Spin Image DVTM software to market, a delay caused solely by -14- -', '-~- ... ,- -'- ""'''' "",,,~,,- -- "~';"'~''''''';''", ,>i-';':- ",_ ~ Computer Aid Inco's, actions. WHEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for all damages recoverable by law including incidental and consequential damages and further including reasonable attorney's fees and costs and such other further relief as this honorable Court deems just and proper. COUNT IV FRAUDULENT MISREPRESENTATION 51. Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 47 with the same force and effect as if set forth at length. 52. As a direct and proximate result of Plaintiffs knowing or reckless fraudulent misrepresentations and Defendant's justifiable reliance upon same, Defendant has suffered damage in an amount up to $10,000 to repair the damage done to its Spin Image Dvm software by Computer Aid, Inco's, agents, servants, employees, principals, and/or officers, more specifically but not limited to Eric Klinger. In addition, Autolycus Corporation expended valuable resources in the approximate amount of $30,000 in attempting to train and supervise Computer Aid, Inco's, agents, servants, employees, principals, and/or officers, more specifically but not limited to Eric Klinger, to become proficient with Spin Image DyrM software, it's development and -15- ..:!( . ,,'" _'" . ,." r~" .;, ',,~' .' the amount of $20,000 by a delay in getting the Spin Image DVTM software to market, a delay caused solely by Computer Aid Inc,' s, actions. WHEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for all damages recoverable by law including incidental and consequential damages and further including reasonable attorney's fees and costs and such other further relief as this honorable Court deems just and proper. Respectfully submitted, THE LAW FIRM OF MAY & MAY, P.C. Dated: December 3,2001 By f::::!MA~E' Attorney J.D. # 65602 3483 Trindle Road Camp Hill, P A 17011 (717) 612-0102 Attorneys for the Defendant Autolycus Corporation -16- ";,__,,C, Ll!!l~' "-j , --"~ 'j' .,~,<'<,'," ,-,"-,~>,'---- ~""~'I%i,~ ~ " . , VERIFICATION I, Andrew Justice, the Chief Executive Officer of the Autolycus Corporation, verify that I am authorized to make this Verification on its behalf, and I verify that the facts contained in the foregoing Answer, New Matter and Counterclaim of the Defendant, Autolycus Corporation, to the Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities. ~~ , ~' ,~ ' " j~~~, " CERTIFICATE OF SERVICE I Donald R. Reavey, Esq. an attorney with the law firm of May & May, P.C. does hereby swear and affirm that I served a true and correct copy of the foregoing Answer, New Matter and Counterclaim of the Defendant, Autolycus Corporation, to the Plaintiffs Complaint to the foIlowing individual by depositing the same with United States Postal Service via first class mail: Gregg M. Feinberg, Esquire The Law Offices of Feinberg and Associates 1390 Ridgeview Drive, Suite 301 Allentown, PA 18104-9065 mE LAW FIRM OF MAY & MAY, P.C. Dated: December 3,2001 BY#/~ DONALD R. REA VEY, ESQ. Attorney I.D. # 82498 3483 Trindle Road Camp Hill, PA 17011 (717) 612-0102 Attorneys for the Defendant Autolycus Corporation t.'" . AillM"^-Y'O'.'~7";-fui.."",~~"" "~~-<JfM~~l!i!~~",J3r's,~)>M,-d,iOO>ll4'-<J'.;ID~",'~,~l1fiA"=-~ ~~;~"" . 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