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Home My WebLink About01-6352COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPUTER AID, INC., Plaintiff VS. 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 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 COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 FEINBERG & ASSOCIATES ~egg i~I! Felnberg, Esquire Atty I.D. 38629 Attys for Plaintiff 1390 Ridgeview Drive, Suite 301 Allentown, PA 18104-9065 (610)398-4900 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPUTER AID, INC., : Plaintiff : NO. VS. : AUTOLYCUS CORPORATION, : CIVIL ACTION Defendant : 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, PA 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. Tree and correct copies of the statement of account and invoices are attached hereto, made a part hereof and marked as Exhibit "A". 6. All of the work was performed ina 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. FEINB~RG & ASSOCIATES Gregg M. Feinberg, esquire Atty I.D. 38629 Attys for Plaintiff 1390 Ridgeview Drive, Suite 301 Allentown, PA 18104-9065 (610)398-4900 Exhibit A 3804 Ros~ont Avenue Camp Hill, PA 17011 USA 10/29/01 Cust Code: 01153 Invoice No P.O. N~m~er Inv Date Due Date Orig Amount Payments/Credits Balance N49274 SOW 10/30/00 N49843 SOW 10/30/00 N50363 SOW IO/30/O0 N51237 SOW 10/30/00 N51517 SOW 10/30/00 N51812 SOW 10/30/00 N52260 SOW 10/30/00 N52833 SOW 10/30/00 N53406 SOW 10/30/00 N54139 SOW 10/30/00 N54566 SOW 10/30/00 N55580 SOW 10/30/00 11/30/00 12/30/00 4848.96 12/20/00 01/19/01 4848.96 12/31/00 01/30/01 6364.26 01/26/01 02/25/01 11421.57 01/31/01 03/02/01 3636.72 02/16/01 03/18/01 7027.20 02/23/01 03/25/01 7538,62 03/16/01 04/15/01 8561,45 03/31/01 04/30/01 8485.68 04/20/01 05/20/01 4848.96 04/30/01 05/30/01 3030.60 05/25/01 06/24/01 1288.01 ,00 ,00 ,00 ,00 ,00 ,00 .00 .00 .00 .00 .00 .00 4848.96 4848.96 6364.26 11421.57 3636.72 7027.20 7538.62 8561.45 8485.68 4848.96 3030,60 1288.01 01 - 30 31 - 60 61 - 90 .00 .00 .00 91 - Over Total 71900.99 71900.99 Send Remittance To: Computer Aid 1390 Ridgeview Drive Altentown, PA 18104 USA 0CT-li-20010B:~A FROM: TO:I610~gB~OST P:2/13' Computer Aid, Inc. INVOICE 3804 Rosemont Avenue Canto Hill, PA 17011 United States of America Invoice Number: N49274 Bill To : Autolycus, Inc. 3804 Rosemont Avenue Camp ~itt. PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: AUTO2239TM Order Date: 10/30/2000 invoice Date : 11/30/2000 Terms : NET 30 Billing Period: 10/29/2000 - 11/18/2000 Notes: TiM Services PLEASE DIRECT B[LL[NG INQUIRIES TO LINOA BUNDRA AT (610)530-5003 Employee Name Hours Bill Rate Klinger, Eric 64.00 75.00 A~unt 4800.00 Billing Inquiries: 610-B30-5003 Customer Service : 610-530-5000 Employee Costs : (39B~..00) Taxable Service Fee: 816,00 Invoice Gross Ami: 4800.00 Sa[es Tax Total : 48.96 Invoice To~al : 4848.96 CUSTOMER REPRINT-REP High Productivity · Fixed Price · On Time · Within Budget ,~ Defined Processes * Metrics Page: 1 0¢T-~-~001 08:~9~ FROH: T0:1610398~057 P:3.13- Computer Aid, Inc. Site : AutoL¥cus, inc. 3804 Resemont Avenue Camp Hitl, PA 17011 Invoice Number: W49843 Remit To: Computer Aid 1390 Ridgeview Drive Allentown~ PA 18104 Bill To : Autolycus, [nc. 3804 Rosemont Avenue Camp Hit[, PA 17011 United States of America Customer PO Wa: SOW 10/30/00 Job Number: AUTO2239TN Invoice Date : 12/20/2000 Order Date: 10/30/2000 Terms : WET 30 BiLl TO : 01153 Billing Period: 11/19/2000 - 12/02/2000 Employee Name Hours Bill Rate KL ingot, Eric 64.00 75.00 4800. O0 Bitting Inquiries: 610-530-5003 Customer Service : 610-530-5000 Emptoyee Costs ; (3984.00) Taxabte Service Fee: 816.00 Invoice Grass Amt: 4800.00 Sales Tax Total : 48.96 Invoice Tatar : 4848.96 CUSTOMER REPRINT-WEP High Productivity · Fixed Price * On Time · Within Budget .-Defined Processes · Metrics Page: 1 OCT-11-~001 08:49A FROH: T0:1610398405? P:4~13' Computer Aid, Inc. INVOICEI Invoice Null~er: N50363 Remit To: Computer Aid 1390 Ridgeview Drive ALlentown, PA 18104 Bi[[ To : Autolycus, inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of Alner~ca Customer PO No: SOW 10/30/00 Job N~mlber: AUTO2239TM Order Oate: 10/30/2000 Bill To Invoice Oate : 12/51/2000 Terms : NET 30 : 01153 Bitting Period: 12/03/Z000 - 12/16/2000 T&M Services PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530-5003 Butter/Marshall time on Dec. 4 is free of charge. We Appreciate Your Business! EmpLoyee Name Hours SiLL Rate Butler, Becky 2.00 O.OO Klinger, Eric 80.00 75.00 Marshall, Nichael 4.00 O.O0 Marshall, Michael 4.00 75.00 0.00 6000.00 0.00 300.00 Billing Inquiries: 610-530-5003 Customer Service : 610-530-5000 Employee Costs : (5229.00) Taxable Service Fee: 1071.00 Invoice Gross Amt: 6300.00 Bates Tax Total : 6~.26 Invoice Total : 6364.26 CUSTOHER REPRINT-REP High Productivity · Fixed Price · On Time · Within Budget ,-Defined Processes · Metrics Page: 1 QCT-~-¢00t 08:50R FROH= Computer Aid, lnc. T0:16103984057 ~:5/13· INVOICE Site : Autolycu$, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Invoice Number: N51237 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA 18104 git[ To : Autolycus, Inc. 3804 Rosemont Avenue Camp Bill, PA 17011 United States of America Customer PO No: SOU 10/30/00 Job N~er: KAUT2239TM Order Date: 01/01/200! Bill 1o : 01153 Invoice Date : 01/26/2001 Terms : NET 30 Billing Period: 12/31/2000 - 01/1]/2001 PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNORA AT (610)530-5003 Employee Name Hours Bill Rate Butler, Becky 7.75 75.00 Dress, Robert 2.00 75.00 Henry, Michael 1.50 75.00 James, Bark 22.00 75.00 Klinger, Eric 80.00 75.00 Marshall, Michael 4.00 75.00 Moore, Barrett 6.50 75,00 Murray, Vicki 25.00 75.00 Smith Jr, Kart 1.00 75.00 Smith, Donald 1.00 75.00 Amount 581 150.00 112.50 1650.00 6000.00 800.00 487.50 1875.00 75.00 75.00 Bilting Inquiries: 610-530-5005 Customer Service : 610-530-5000 Employee Costs : (9384.19) ?axable Service Fee: 1922.06 Invoice Gross Amt: 11306.z~ Sates Tax Total : 115.32 Invoice Total : 11421.57 CUSTOMER REPRINT-REP High Productivity · Fixed Price · On T~me · Within Budget ** Defined Processes · Metrics Page: 1 QCT-li-¢001 08:50A FROM: T0:16183984057 P;6 13. ComputerAid, Inc. INVOICE I Site : Autolycus, inc. 3804 Rosemont Avenue Canto Hilt, PA 17011 Invoice Nul~oer: N51517 Remit To: Computer Aid 1390 Ridgeview Drive Allentown. PA 18104 Bill To : Autotycus, Inc. 3804 Rosefnont Avenue Camp Hill, PA 17011 United States of America Cust~er PO No: SO~ 10/30/00 Job Nu~er: AUTO2239TM Order Date: 10/30/2000 Bill To : 01153 Invoice Date : 01/31/2001 : NBT 30 Bitting Period: 12/17/2000 - 12/~0/2000 PLEASE DIRECT BILLING IRQUiR[ES TO LIEDA SUNDRA AT (610)530-5003 Employee Name K[inger, Eric Marshall, #ichae[ Hours Bill Rate 40.00 75.00 8.00 75.00 3000.00 600,00 Billing Inquiries: 610-530-5003 customer Service : 610-530-5000 Employee Costs : (Z988.00) Taxable Service Fee: 612.00 Invoice Oross Amt: 3600.00 Sales Tax Total : 36.72 Invoice Total : 3636.72 CUSTOMER REPRINT-REP High Productivity · Fixed Price · On Time · Within Budget ,,-Defined Prucesses ,, Metrics Page: 1 QCT- Li-.~001 08: ~OIq FPOH: TO: t61~984057 P: 7 13. Computer Aid, Inc. INVOICE 3BO& Rosemont Avenue Camp Bill, PA 17011 United States of America Invoice Number: N51812 Remit To: Co~outer Aid 1190 R|dgeview Drive Atlentown, PA 18106 Bi[[ To : Autotycus, Inc. 3804 Rosemont Avenue Camp Hill, PA 17011 United States of America Customer PO No: SOW 10/30/00 Job Number: KAUT2239TM Order Oate: 01/01/2001 Bill To : 01153 Invoice Date : 02/16/2001 Terms : NET 30 Bitting Period: 01/14/2001 - 01/27/2001 Notes: T&M Services PLEASE DIRECT BILLING INQU[NIES TO LINDA BUNDRA AT (610)550-5003 Employee Name Hours Bill Rate Butler, Becky 2.25 75.00 Dress, Robert 1.00 75.00 Jamas, Mark 2.00 75.00 Ktingero Eric 80.00 75.00 Marshall, Michael 5.00 75.00 Probst, Tracy 2.50 75.00 A~unt 168.75 75.00 150.00 6000.00 375.00 187.50 Customer Service : 610-530-5000 Employee Costs : C577~.69) Taxable Service Fee: 1182.56 lnvoice Gross Amt: 6956,Z3 Sales Tax Total : 70.95 Invoice Total : 70E7.20 CUSTOMER REPRINT-REP High Productivity · Fixed Price · On Time · Within Budget ,-Defined Processes · Metrics Page: I )CT-11-~O1 08:~1A FROH: TO:1610398405T P~8"13. Computer Aid, Inc. INVOICE 3804 Rosemont Avenue Camp Nill, PA 17011 United States of An~rica Invoice Ntarber: N52260 Remit To: computer Aid 1390 Ridgeview Drive ALlentown~ PA 18104 Biil Ta : Autolycus, Inc. 3804 Rosemont Avenue Camp Mill, PA 17011 United States of America Customer PO No: SO~ 10/30/00 Job Nunlber: KAUT2239TM Order Date: 01/01/2001 Sill To : 01153 Invoice Date : 02/23/2001 Terms : NET 30 Silling Period: 01/28/2001 - 02/10/2Q01 T&M Services PLEASE DIRECT BILLING INOUIRIES TO LINDA BUNDRA AT (610)530-5003 Employee Harae Hours Bill Rate Butler, Becky 1.50 75.00 Hildebrand Jr, Thomas 8.00 75.00 Klinger, Eric 80.00 75.00 Marshall, Michael 10.00 75.00 112,50 600.00 6000.00 750.00 Billing Inquiries: 610-530-5003 Custo~r Service : 610-5B0~5000 Employee Costs : (6193.87) Taxable Service Fee: 1S68.65 Invoice Gross Amt: 7462.5u sales Tax Tote& : 76.12 Invoice Total : 7~$8.6g CUSTOMER REPRINT'REP High P~oductivity · Fixed Price · On Time · Within Budget o. Defined Processes * Metrics Page: OCT-Ii-~001 08:51A FROf'I: T].lblOo98405 ~:9~13, ComputerAid, Inc. INVOICE Site : Autoiycus, Inc. 3804 Rosemont Avenue Camp Bill, PA 17011 United States of America invoice Number: H52833 Remit To: Co~uter Aid 1390 Ridgeview Drive Allentown, PA 18104 Camp Hill, PA 17011 United States of America Customer PO RD: So~ 10/30/00 Job Number: KAUT2239TM Order Date: 01/01/2001 Bill To : 01153 Notes: T&M Services invoice Oate : 03/16/2001 Terms : NET 30 Billing Period: 02/11/200I - 02/24/2001 PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNORA AT (6103530-500) Employee Rame Hours Bill Rate Butler, Becky 3.00 75.00 ~iidebrand Jr, Thomas 46.00 ?S.O0 Kiinger, Eric 64.00 75.00 225.00 3450.00 4800.00 Billing Inquiries: 610-530-5003 Customer Service : 610-530-5000 Employee Costs : (7034.25) Taxable Service Fee: 1440.75 Invoice Gross Ami: 8475.00 Sales Tax Total : 06.45 Invoice Totm[ : 8561.45 CUSTC~qER REPRIflT-REP High Productivity · Fixed Price · On Time · Within Budget ,-Defined Processes · Metrics Page: 1 0CT-11-2001 ~8:51A FROH: TO:IS10398405T Computer Aid, Inc. INVOICEI Site : Autotycus, Inc. 3804 gosemont Avenue camp HILL, PA 17011 United States of America Invoice Number: N53406 Remit TO: Computer Aid 1390 Ridgeview Drive ALLentown, PA 18104 Bill To : AutoLycua, Inc. 3804 Rosemont Avenue Camp Hilt, PA 17011 United States of America Custc~er PO No: SOW 10/30/0D Job Number: KJkUT2239TN lnvotce Date : 03/31/2001 Order Date: 01/01/Z001 Ter~ : NET 30 Bill To : 01153 BiLling Period: 02/25/2001 - 03/17/2001 Notes: T&N Services PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT (610)530-5003 EmpLoyee Name Hours BiLL Rate KIJnger, Eric 112.00 75.00 AmOLL~t 8400.00 SiLting Inquiries: 610-530-5003 Customer Service : 610-530-5000 E~otoyee Costs : (697Z.00) TaxabLe Service Fee: 1428.00 Invoice Gress Ant: 8600,00 Sales Tax Total : 85.&8 Invoice Total : 8485.6~ CUSTI~ER REPRINT-REP Page: 1 High Produdivity · Fixed Price · On Time · Within Budget ,,-Defined Processes ,. Metrics 0~¥-11-~001 0~:5£~ gPOH: ~0:161039~4057 ComputerAid, Inc. INVOICE 3804 Rosemont Avenue Damp Hill, PA 17011 United States of N~erica Invoice Number: N54139 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA 18104 Sill To : Autoiycus, ]nc. 3804 Rosemont Averse Camp Hilt, PA 17011 United States of America Custoffier PO No: SOU 10/30/00 Job Number= KAUT2239TM Order Date: 01/01/2001 8ill To : 01153 Invoice Date : 04/20/2001 Terms : NET 30 Bitting Period: 03/18/2001 - 03/31/2001 Notes: T&M Services PLEASE DIRECT BILLING INQUIRIES TO LINDA SUNDRA AT (610)530-5003 Employee Hame Hours girt Rate Kiinger~ Eric 64.00 75.00 4800.00 Bitting inquiries: 610-530-S003 Customer Service = 610-53g-5000 Emptoyee Costs : (39~+.00) Taxabte Service Fee: 816.00 invoice Gross Ami: 4800.00 sates Tax Total : 48.96 lnvelce Total ! 4848.96 CLISTOMER REPRINT-REP High Productivity * Fixed Price · On Time · Within Budget *' Defined Processes * Metrics Page: 1 QCT- i 1-~001 08: 52D KROH: TO: 1610398-~057 .P: 12i Computer Aid, Inc. INVOICE 3804 Rosemont Avenue Cal1~ Hill, PR 17011 United States of America Invoice Number: N54566 Remit To: Computer Aid 1390 Ridgeview Drive Allentown, PA 18104 gill To : Autolycus, Inc. 3804 Rosemont Avenue Camp Hitt, PA 17011 United States of America Custon~r PO No: SOt4 10/30/00 Job Number: KAUT2239TH Order Date: 01/01/9001 Bill To : 01153 Invoice Date : 04/30/2001 Term : NE~ 30 gilling Period: 04/01/9001 - 04/14/2001 Notes: T&M Services Employee Name Hours Bill Rate Klinger, Eric 40.00 75.00 3000.00 Customer Service : 610-530-5000 Employee Costs : (2490.00) Taxable Service Fee: 510.00 Invoice Gross Amt: 3000.00 Sales Tax Total : 30.60 Invoice Total : 3030.60 CUSTOmizER REPRINT'REP High Productivity · Fixed Price m On l~me · Within Budget m. Defined Processes · Metrics Page: 1 ComputerAid, Inc. INVOICE site : Autolycus, [nc. 3804 Rosemon~ Avenue Camp HILL, PA 17011 United States of America invoice Number: N85580 Remit TO: Computer Aid 1390 Ridgeview Drive ALlentown, PA 18104 Bill To : Autolycus, Inc. 3804 Rosemont Avenue Cam~ Hi[[, PA 17011 United States of America Custcmer PO No: SOW 10/30/90 Job Number: KAUT2239TM Order Date: 01/01/2001 Sill To : 01153 Invoice Date : 05/25/2001 Terms : NET 80 Billing Period: 04/29/2001 - 05/12/2001 Notes: T&M Services PLEASE DIRECT BILLING INQUIRIES TO LINDA BUNDRA AT C610)530-5003 Employee Name Hours Bit[ Rate Ktinger, Eric 17,00 ~.00 1275.00 Billing Inquiries: 610-530-5003 Customer Service : 610-530-$000 Employee Costs : (1058.25) Taxable Service Fee: 216.75 Invoice Gross Ami: 1275.00 Sa[es Tax Total : 13.01 Invoice Total : 1288.01 CUSTOMER REPRINT-REP High Productivity * Fixed Prke · On 1line · Within Budget *-Defined Processes · Metrics Page: 1 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 unswom falsification to authorities. COMPUTER AID, INC. Nancy BreKlenbach, Secretary SHERIFF'S RETURN - REGULAR CASE NO: 2001-06352 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMPUTER AID INC VS AUTOLYCUS CORPOP~ATION 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 t3th day of November , 2001 at 3804 ROSEMONT AVENUE CAMP HILL, PA 17011 JOHN-NY STRIGLE, EMPLOYEE a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this ~L~-- day of ~-~ ~>~J / A.D. &' ~ Prothonotary ' So Answers: R. Thomas Kline ii/i4/2001 GREGG PEINBERG By: Deputy Sheriff 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 COIVIPUTER AID, INC., AUTOLYCUS CORPORATION Plaintiff, Defendant. ATTORNEYS FOR DEFENDANT AUTOLYCUS CORPORATION To: Computer Aid, Inc., You are hereby notified to file a written response to ti~ enclosed new matter and counterclaim within twenty days from service hereof or a judgment may be entered against you. Rober~ C. May, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 01-6352 Civil Term 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. Admitted. 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 $75.00 per hour. ARer 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. 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 Plaintiffwas done in a good and workmanlike manner and that the Defendant had accepted the services as rendered. It is specifically denied that the Plaintiff made repeated demands for the outstanding balance of $71,900.99. Strict proof is demanded at trial, if relevant. By way of further answer and response, it is specifically denied that the Defendant is obligated to pay the PlaintiffS71,900.99 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 reenverable 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- 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 Plaintiffdid 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 performed by Computer Aid, Inc. 13. Plaintiff's failure to provide the se~Mces 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- performance of thc alleged oral or written contract. 15. Plaintiffs 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 of failure of consideration. -3- 16. 17. 18. 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. 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. 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. 19. 20. NEW MATTER ASSERTING AFFIRMATIVE DEFENSES OF FRAUD AND/OR NEGLIGENT MISREPRESENTATION Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 16 with the same force and effect as if set forth at length. PlaintifFs 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- 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 DVTM 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, at, er 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. Plaintiffdid 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 PlaintifFs services on a paying basis. Ail 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- 24. 25. sensitive computer hardware and to troubleshoot and develop computer software similar to Autolycus Corporation' Spin Image DVTM software. Autolycus Corporation communicated to Computer Aid, Inc., the fact that the Spin Image DVTM sot~are 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. The aforesaid representations by Computer Aid, Inc., regarding the skill level of their technicians were false and fraudulent, and the Plaintiffmade such representations either knowing them to be false, in reckless disregard of their truth or negligently. 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 Plaintiffs 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 DVTM sof~ware. These amounts serve to offset or diminish 26. Plaintiff's claim for recovery. Because Plaintiff so engaged in fraudulent misrepresentations with regard to the alleged contract, Plaintiffis precluded from unjustly enriching itself by here seeking damages under an alleged oral or written contract, and Plaintiff's action is barred. WltEREFORE, the Defendant, Autolycus Corporation, respectfully requests that this honorable Court enter judgment in its favor and against the Plaintiff, Computer Aid, Inc., for ail 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. 27. 28. 29. 30. CO__Q_I~__.~_RCLAIM Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 24 with the same force and effect as if set forth at length. The Defendant, Autolycus Corporation is in the business of designing and selling Spin Image DVTM sof~ware, its only product sold to date. The Plaintiff, Computer Aid, Inc., is in the business of providing computer consulting services. 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- 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 DV'rM is imaging software capable ofdisplaying images or products in a 360 degree rotation. 32. In November of 2000, 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 sof~ware went to market. 34. The oral agreement, referenced in paragraph 30, contemplated that after Spin Image DVTM went to market, if Mr. 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- development of the next version of Spin Image DVm 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 DXrm software. 37. The aforesaid representations were false and fraudulent, and the Plalntiffmade 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 DV'tM software, Autolycus Corporation allowed Eric Klinger and other Computer Aid, Inc., employees to work with its employees in a peripheral manner on Spin Image DVa~ version 1.0. Primarily, the Computer Aid, Inc., technicians were assigned to testing Spin Image DVtM, and attempting to correct flaws or improve the operation of Spin Image DVTM. 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, if any, value to the efforts of Autolycus Corporation. After communicating to -9- 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 DVTM sof'cware 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 DVTM 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- COUNT I BREACH OF CONTRACT 42. Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 38 with the same force and effect as if set forth at length. 43. Ail of the resultant losses and damages sustained by Autolycus Corporation resulted d'trectly 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 DYTM software version 1.0. b. Computer Aid, Inc., breached its oral contract with Autolycus Corporafmn 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- DVTM software. Furthermore, Autolycus Corporation has suffered damage by a delay in getting the Spin Image DVTM sof~ware 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. 45. 46. COUNT II VICARIOUS LIABILITY Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 41 with the same force and effect as if set forth at length. 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 determined at this time because Computer Aid, Inc., is in a better position to determine this information. It is believed that this information will be revealed during discovery. -12- 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 DVTM software by negligently and carelessly developing and trouble shooting Spin Image DVTM SOf~Ware. b. failing to possess the requisite skill and knowledge required to properly work with Spin Image DVTM software, or with sensitive computer equipment and in developing and troubleshooting sof~ware, 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 DXrr~ 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 DVTM software. Furthermore, Autolycus Corporation has suffered damage by a delay in getting the Spin Image DVTM sof~vare to market, a delay caused solely by Computer Aid Inc.'s, actions. -13- WFIEREFORE, 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. 49. 50. COUNT IH NEGLIGENT MISREPRESENTATION Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 45 with the same force and effect as if set forth at length. 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 $I0,000 to repair the damage done to its Spin Image DVTM sol, ware 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 sof~ware, it's development and troubleshooting. Furthermore, Autolycus Corporation has suffered damage roughly in the amount of $20,000 by a delay in getting the Spin Image DVTM soi~ware to market, a delay caused solely by -14- 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. 51. 52. COUNT IV FRAUDULENT MISREPRESENTATION Autolycus Corporation hereby incorporates by reference Paragraphs 1 through 47 with the same force and effect as if set forth at length. As a direct and proximate result of Plaintiff's 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 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 so,ware, it's development and 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. WllE~REFORE, 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. Dated: December 3, 2001 Respectfully submitted, THE LAW FIRM OF MAY & MAY, P.C. By Attorney I.D. # 65602 3483 Trindle Road Camp Hill, PA 17011 (717) 612-0102 Attorneys for the Defendant Autolycus Corporation -16- 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 unswom falsification to authorities. cer 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 following individual by depositing the same with United States Postal Service via first class mail: G-regg M. Feinberg, Esquire The Law Offices of Feinberg and Associates 1390 Ridgeview Drive, Suite 301 Allentown, PA 18104-9065 Dated: December 3, 2001 THE LAW FIRM OF MAY & MAY, P.C. DONALD R. REAVEY, ESQ. Attorney I.D. # 82498 3483 Trindle Road Camp Hill, PA 17011 (717) 612-0102 Attorneys for the Defendant Autolycus Corporation