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HomeMy WebLinkAbout08-1323IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NITTANY LINK, INC., Plaintiff Docket No. D 8 - 1323 L;ou - V. SCOTT W. LONG AND SWL CONSULTING SERVICES, LLC JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone Number 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone Number 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NITTANY LINK, INC., Plaintiff Docket No. 68 -13.2,,3 V. SCOTT W. LONG AND JURY TRIAL DEMANDED SWL CONSULTING SERVICES, LLC : COMPLAINT IN A CIVIL ACTION BACKGROUND Gu(- IPlaintiff is Nittany Link, Inc., a corporation duly organized under the laws of the Commonwealth of Pennsylvania, with a business address of 500 North Front Street, Wormleysburg, PA 17043. 2. Nittany Link, Inc. identifies and retains computer hardware and software technical experts to provide support services for business and government entities and provides website design services. For these purposes, Nittany Link works closely with business and government entities to identify current and projected needs for technical people in the computer field and identifies and maintains relationships with technical people to provide the services required. It is the maintenance of these relationships that puts NLI in a position to profit by connecting its subcontractors with the business and government entities that are in need of these services. As a result, the confidential identity of NLI"s subcontractors and business and government entities requiring their services is an essential component of NLI's market. 3. Defendant Scott W. Long is an adult individual with an address of 7265 Capital Drive, Harrisburg, PA 17111. During the period from April 2005 through February 2006, Defendant was employed by Plaintiff. From July 27, 2005, Defendant was also a shareholder of Plaintiff holding 40,000 shares of stock at one dollar par value. On such date, Defendant was also elected Vice President of Plaintiff and held such position until his resignation as an employee and removal as a corporate officer on February 28 2006. 4. Defendant SWL Consulting Services, LLC is believed to be, or in the past was, a Pennsylvania Limited Liability Company owned by Defendant Scott W. Long. The business address is believed to be or, in the past, was 7265 Capital.Drive, Harrisburg, PA 17111. 5. All of the claims for tortious interference as hereinafter set forth are believed to have been the individual and/or joint actions of Defendants Scott W. Long and/or Defendant SWL Consulting Services, LLC [hereinafter "SWL"J, acting through its agents, ostensible agents, employees, and/or servants, including Defendant Scott W. Long and within the course and scope of his employment for SWL. 6. Prior to Defendant's employment by Plaintiff, Defendant was retained as an independent contractor. As part of that engagement, Defendant was subject to a NonDisclosure Agreement, entered into on November 6, 2004, that prohibited the disclosure of any proprietary business information to third parties. The NonDisclosure Agreement is attached as Exhibit "A." 2 7. Plaintiffs employment of Defendant was governed by an employee handbook, provided to Defendant upon his employment with Plaintiff, that provided that confidentiality was an essential term of employment. The employee handbook is provided as Exhibit "B." 8. While working for Plaintiff and thereafter, based upon information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL, interfered with the relationship of Nittany Link, Inc. with prospective independent confrastors, and with business and government entities. As further set forth below, Defendants' interference constituted tortious interference with prospective business relationships. 9. Defendants interfered in particular with the relationship between one potential independent contractor, Chuck Goolsby, and Plaintiff. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL Consulting Services, LLC, caused Mr. Goolsby not to enter into a business relationship with Plaintiff. By interfering with Plaintiff's business relationship with Mr. Goolsby, Plaintiff was unable to provide services to a third party business or government entity that was seeking services such as those which could be provided by Mr. Goolsby. 10. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of Defendant SWL, tortiously interfered with Plaintiffs business relationships by destroying and unlawfully removing I.T. Talent Resumes from the proprietary databases of Nittany Link, Inc., including 3 the unlawful taking and appropriation of business assets in the forms of the resumes of Chuck Goolsby and Karl Kocher. 11. Based on information and belief, prior to his departure from Plaintiff's employment, and continuing thereafter, Defendant Scott W. Long, acting jadividually and/or on behalf of SWL, tortiously interfered with Plaintiff's business relationships with CAI by submitting resumes and soliciting business for his own personal gain and benefit which he had obtained while working for Plaintiff. 12. More specifically, while still employed by Plaintiff, Defendant Scott W. Long, acting individually and/or on behalf of SWL, submitted the resume of Karl Kocher, which had been obtained as an employee of Plaintiff, to the Pennsylvania Department of Transportation for a contract to provide various IT services. However, the resume was forwarded to PennDOT not as a contractor for NLI but as a contractor for another organization (with whom Plaintiff believes Defendant was negotiating an employment or consulting relationship), undermining Plaintiff's placement of Mr. Kocher's services. 13. Based on information and belief, prior to his departure from Plaintiff's employment, and continuing thereafter, Defendant Scott W. Long, acting individually and/or on behalf of SWL, tortiously interfered with Plaintiff's existing and prospective business relationship by misrepresenting himself to Plaintiff's customers in order to undermine the acquisition of business by Plaintiff. 4 14. While in Plaintiffs employment, Defendant Scott W. Long was unc%r c"duty of loyalty to Plaintiff and violated the terms of his employment, resulting in harm to Plaintiff. COUNT 1 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL INTENTIONAL INTERFERENCE WITH EXISTING CONTRACTUAL RELATIONSHIPS (CAI) 15. Plaintiff incorporates Paragraphs 1 through 14 by reference into this Count of the Complaint. 16. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL, interfered with Plaintiffs existing contractual relationship with Computer Aid Inc. (CAI) by misrepresenting to CAI that there existed a contractual relationship between Organizational Effectiveness Services, Inc. (OES) and Defendant rather than with Plaintiff, when, in fact, the actual relationship existed between OES and Plaintiff. 17. Based on information and belief, Defendants' misrepresentations to CAI undermined Plaintiff's relationships with CAI and interfered with its ability to place contracts with CAI in that CAI came to perceive Plaintiffs business in a negative light through Defendants' misrepresentations of Plaintiffs business. 18. Defendants' interference with Plaintiffs contractual relationship with CAI was intended to harm Plaintiffs contractual relationship with CAI and did in fact cause such harm. 5 19. Defendants' interference with Plaintiffs contractual relationship with CAI was not privileged and lacked any justification 20. Defendants' interference with Plaintiff's contractual relationship with CAI resulted in legal damage to that contractual relationship and a reasonable likelihood that Plaintiff was unable to maintain a favorable relationship with CAI. WHEREFORE, Plaintiff demands judgment jointly and severally against Defendants in excess of the amount required for compulsory arbitration, plus punitive damages, interest, and costs, and demands a trial by jury. COUNT 2 NITTANY LINK INC. V. SCOTT W. LONG AND SWL INTENTIONAL INTERFERENCE WITH EXISTING CONTRACTUAL RELATIONSHIP WITH CALDWELL & KEARNS 21. Plaintiff incorporates Paragraphs 1 through 20 by reference into this Count of the Complaint. 22. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL, interfered with Plaintiffs existing contractual relationship with Caldwell & Kearns, P.C. by interfering with Nittany Link's client relationship with Caldwell & Kearns to provide website design services, which had been formulated while Defendant Scott W. Long was employed by Plaintiff. A copy of a proposal made to Caldwell & Kearns is attached as Exhibit C to this Complaint. 6 23. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL„ after having established a relationship on behalf of Plaintiff with Caldwell & Kearns for the purpose of providing website design-related services, and after leaving Plaintiff's employment, then proceeded to offer and provide such services to Caldwell & Kearns, undermining the relationship between Nittany Link, Inc. and Caldwell & Kearns that had been established during Defendant's employment with Plaintiff. 24. Defendants' interference with Plaintiffs contractual relationship was intended to harm Plaintiffs contractual relationship with Caldwell & Kearns and did in fact cause such harm in that Caldwell & Kearns elected not to contract with Plaintiff to provide such services. 25. Defendants' interference with Plaintiff's contractual relationship with Caldwell & Kearns was not privileged and lacked any justification 26. Defendants' interference with Plaintiff's contractual relationship with Caldwell & Kearns resulted in legal damage to that contractual relationship and the loss of the anticipated contract with Caldwell & Kearns. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally in the amount of $6,400, plus punitive damages, interest, and costs. Together with the amounts demanded in the other counts of this Complaint, the amount exceeds that required for compulsory arbitration, and Plaintiff demands a jury trial. 7 COUNT 3 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL INTENTIONAL INTERFERENCE WITH PROSPECTIVE CONTRACTUAL RELATIONSHIP WITH CHUCK GOOLSBY 27. Plaintiff incorporates Paragraphs 1 through 26 by reference into this Count of the Complaint. 28. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL, intentionally interfered with Plaintiffs prospective business relationship with Chuck Goolsby, a high-level I.T. expert. 29. Defendants' interference with Plaintiff's prospective contractual relationship with Chuck Goolsby was intended to harm such prospective contractual relationship with Mr. Goolsby and did in fact cause such harm. 30. Defendants' interference with Plaintiffs contractual relationship with Chuck Goolsby was not privileged and lacked any justification 31. Defendants' interference with Plaintiffs contractual relationship with Chuck Goolsby resulted in legal damage to that prospective contractual relationship in that there was a reasonable likelihood that the relationship would have occurred but for the actions of Defendants and that Plaintiff would have profited from that relationship. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally in the amount of $27,844, plus punitive damages, interest, and costs. Together with the amounts demanded in the other counts of this Complaint, the 8 amount exceeds that required for compulsory arbitration, and Plaintiff demands a jury trial. COUNT 4 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL INTENTIONAL INTERFERENCE WITH PROSPECTIVE CONTRACTUAL RELATIONSHIP WITH KARL KOCHER AND PENNDOT 32. Plaintiff incorporates the Paragraphs 1 through 31 by reference into this Count of the Complaint. 33. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL, intentionally interfered with Plaintiff's prospective business relationship with Karl Kocher, an I.T. expert whom Plaintiff had identified for a position with the Pennsylvania Department of Transportation. 34. Defendants' interference with Plaintiffs prospective contractual relationship with Karl Kocher was intended to harm such prospective contractual relationship with Mr. Kocher and did in fact cause such harm in that, because of Defendant's misrepresentations regarding Mr. Kocher's affiliation with Plaintiff, Plaintiff was not able to place Mr. Kocher. 35. Defendants' interference with Plaintiffs contractual relationship with Mr. Kocher and PennDOT was not privileged and lacked any justification 36. Defendants' interference with Plaintiffs contractual relationship with Mr. Kocher and PennDOT resulted in legal damage to those prospective contractual relationships in that there was a reasonable likelihood that the 9 relationship would have occurred but for the actions of Defendant and that Plaintiff would have profited from that relationship. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally in the amount of $14,381 plus punitive damages, interest, and costs. Together with the amounts demanded in the other counts of this Complaint, the amount exceeds that required for compulsory arbitration, and Plaintiff demands a jury trial. COUNT 5 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL TRESPASS TO PLAINTIFF'S PROPERTY 37. Plaintiff incorporates Paragraphs 1 through 36 by reference into this Count of the Complaint. 38. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL Consulting Services, LLC, acted beyond the course and scope of his employment with Plaintiff in destroying and unlawfully removing I.T. resumes from Plaintiff's proprietary databases and, in so doing, committed trespass to Plaintiff's personal property, destroying valuable assets belonging to Plaintiff. 39. Defendant Scott W. Long, acting individually and/or on behalf of SWL Consulting Services, LLC, acted beyond the course and scope of his employment with Plaintiff in tampering with Plaintiff's computer accounting records, in making unauthorized modifications to electronic commission 10 schedules, and in altering proprietary accounting information, harming valuable assets of Plaintiff. 40. Defendants' actions constituted a trespass of Plaintiff's property and resulted in damages to Plaintiffs business. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally in the amount of $11,678, plus punitive damages, interest, and costs. Together with the amounts demanded in the other counts of this Complaint, the amount exceeds that required for compulsory arbitration, and Plaintiff demands a jury trial. COUNTS NITTANY LINK, INC. V. SCOTT W. LONG AND SWL CONVERSION OF PLAINTIFF'S ASSETS 41. Plaintiff incorporates Paragraphs 1 through 40 by reference into this Count of the Complaint. 42. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL, acted beyond the course and scope of his employment with Plaintiff in processing unauthorized credit card transactions causing Plaintiff to be liable for food, services, and other property that were never authorized by Plaintiff and were not incurred within the course and scope of Defendant's employment. 43. Defendant Scott W. Long, acting individually and/or on behalf of SWL, acted beyond the course and scope of his employment with Plaintiff in 11 converting for his personal use proprietary accounting software, website design, and software assets. 44. Defendants' actions constituted a conversion of Plaintiff's property and Plaintiff is entitled to damages for the theft/conversion of these business assets for Defendants' purposes. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally in the amount of $6,100, plus punitive damages, interest, and costs. Together with the amounts demanded in the other counts of this Complaint, the amount exceeds that required for compulsory arbitration, and Plaintiff demands a jury trial. COUNT 7 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL DEFAMATION 45. Plaintiff incorporates the Paragraphs 1 through 44 by reference into this Count of the Complaint. 46. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SWL, acted beyond the course and scope of his employment with Plaintiff, and without Plaintiffs authorization, and seriously harmed Plaintiff's reputation, in soliciting business relations with officials of the Commonwealth of Pennsylvania in an illegal manner, as further described below. 47. Based on information and belief, Defendant Scott W. Long, acting individually and/or on behalf of SW L, and beyond the course and scope of his employment with Plaintiff, made statements to personnel at the Pennsylvania 12 Department of Transportation, without Plaintiff's authorization, indicating that Plaintiff would offer illegal payments to PENNDOT employees in return for retention of Plaintiff's services. 48. The statements made by Defendants in this respect have harmed Plaintiff's reputation as they suggest that Plaintiff operates his business in an unethical and illegal manner when that is not the case. 49. Based upon information and belief, Defendants' statements were published with actual malice, i.e. knowing that such statements were false or with reckless disregard for their truth or falsity. 50. Based upon information and belief, Defendants' statements were outrageous in nature and designed to harm Plaintiff in its business endeavors. They were made with reckless indifference to Plaintiff's interests and were willful, wanton, oppressive, and done with bad motive. 51. As a result of Defendants' slander, Plaintiffs reputation in the corwmwaity has been impacted. WHEREFORE, Plaintiff requests compensatory damages against Defendants jointly and severally in excess of the amount requiring compulsory arbitration, plus punitive damages, interest, and costs, and demands a trial by jury. COUNT 8 NITTANY LINK, INC. V. SCOTT W. LONG BREACH OF CONTRACT 13 52. Plaintiff incorporates Paragraphs 1 through 51 by reference into this Count of the Complaint. 53. Defendant Scott W. Long's actions as described above, in utilizing Plaintiff's business information for his own purposes and in entering into an agreement with Caldwell & Kearns to provide services, were in violation of the terms of his engagement with Plaintiff as set forth in Exhibits A and B, and resulted in damages to Plaintiff. WHEREFORE, Plaintiff demands judgment in the amount of $12,500, plus interest, and costs. Together with the amounts demanded in the other counts of this Complaint, the amount exceeds that required for compulsory arbitration, and Plaintiff demands a jury trial. 41" Date: February 27, 2008 Edmund J. Berger Attorney for Plaintiff Attorney I. D. # 53407 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net 14 VERIFICATION I, Bruce Ensor, affirm that I am the President of Plaintiff, Nittany Link, Inc,, and that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: February 26, 2008 '11? Bruce Ensor 2/2"d 10680266:o1 :W06A dtb:TT 8002-92-833 EXHIBIT A In connection with a proposed business relationship, Nmany Link, Inc. ("Company") has disclosed or may disclose to you business information, technical information and/or ideas ("Proprietary Information"). In consideration of any disclosure and any negotiations concerning the proposed business relationship you agree as follows: ' 1. You will hold in confidence and not possess or use (except to evaluate within the U.S. the proposed business relationship) or disclose any Proprietary Information except information you can document (a) is in the public domain through no fault of yours, (b) was properly known to you, without restriction, prior to disclosure by Company, or (c) was properly disclosed to you by another person without restriction, and you will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information. The foregoing does not grant you a license in or to any of the Proprietary Information. 2. If you decide not to proceed with the proposed business relationship or if asked by Company, you will promptly return all Proprietary Information and all copies, extracts and other objects or items in which it may be contained or embodied. 3. You will promptly notify Company of any unauthorized release of Proprietary Information. 4. You understand that this statement does not obligate Company to disclose any information or negotiate or enter into any agreement or relationship. 5. You acknowledge and agree that due to the unique nature of the Proprietary Information, any breach of this agreement would cause irreparable harm to Company for which damages are not an adequate remedy and that Company shall therefore be entitled to equitable relief in addition to all ether remedies available at law. 6. The terms of this Agreement will remain in effect with respect to any particular Proprietary Information until you can document that it falls into one of the exceptions stated in Paragraph I above. 7. This Agreement is governed by the internal laws of Pennsylvania of and may be modified or waived only in writing. If any provision is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this Agreement shall be entitled to recover attorneys' fees and costs. 8. Until one year after the termination of any discussions between us, you will not encourage or solicit any employee or consultant of Company to leave Company for any reason. Acknowledged and agreed on A' (a -,Poo L4 (Signature) 500 N. Front Street Wormleysburg, Pa. 17043 Tel. 717-737-8848 Fax: 717-737-1320 e-mail: bruce@nittanylink com NONDISCLOSURE AGREEMENT EXHIBIT B .y v 1AG EMPLOYEE HANDBOOK Effective February 1, 2005 Amended November 22, 2005 Property of Nittany Link, Inc. INTRODUCTION This Employee Handbook describes the policies, procedures and benefits which all applicants will follow and abide by for the employment of Nittany Link, Inc. (here-in-after called "the company"). This handbook is not a contract to an applicant, however an employee must acknowledge and sign this handbook in order to complete the hiring process of that applicant. The company acknowledges the fact that any individual is capable of performing tasks regardless of any racial or discriminatory issues that may cause controversy. This handbook is subject to change due to owner feelings for change, government laws, ordinances or circumstances that will be in the best interest of the company and the employee. NOTE TO APPLICANTS The company was developed in an attempt to build a successful consulting group to make our employees feel good about the company they work for, and for the clients they perform their tasks for. Unlike the competition, the owners of this company will make their best efforts to make all employees feel special and appreciate their efforts of work. All employees will be treated equally and will be acknowledged to the entire company for their special efforts and achievements. All managers and owners will be honest to all employees and consistent follow ups with the employees will be made to make the employee feel welcome. If an issue arises between the company, or client, and the employee, the issue will be addressed immediately to the employee immediately, versus just terminating an employee. It is of the best interest that the company tries to resolve these issues before making decisions. EMPLOYMENT AT WILL The company has the right to hire, dismiss, direct and schedule employees in any way that does not violate federal, state or municipal law. An employee has the right to resign from the company at any time. Unless the employee has an excuse, a two weeks notice is needed to replace the employee in the project. All terminations will be final by holding a meeting with at least one owner and a member of the Human Resource department. The company has the right to terminate an employee without any notice period. The company will make their best effort in resolving issues, but if no solution is met, the employee will be terminated. IMMIGRATION LAWS The company will hire applicants who are United States Citizens. All applicants will be asked to fill out the Employee Eligibility Verification Form I-9, providing any documents establishing their identity and employment eligibility. Section I - Definitions Salaried Employees Employees who are regularly scheduled to work full-time. These employees are compensated on an annual salary basis (paid semi-monthly) and are eligible for any company benefits offered. Full-time consists of forty net hours per week. Overtime is paid to the salaried employee by the rate they are paid per hour. If Nittany Link charges time and half to the client, then the salaried employee will be paid time and half. Hourly Employees Employees who are compensated strictly for hours worked on a per hour basis. These employees may be eligible for participation in the company benefits offered. Hourly employees will not work overtime, unless they are billable and the client agrees to the overtime. The client will be billed time and half and the employee will be paid time and half. Part-Time Employees Employees who are regularly scheduled to work less than thirty-five hours per week. These employees are not eligible for company benefits and may be eligible for participation in the 401(k) plan only. Net Hours PerWeek The total amount of scheduled, billable time worked in one week excluding lunch or break time. (e.g., a person working from 8:00 A.M. to 5:00 P.M. with one hour for lunch will be working eight hours. The eight hours in this example is net of the non-working (lunch) time - hence the term "net hours.") Full Month Worked Either four or five complete work weeks of forty net hours per week, depending on the month. This is the basis for determining eligibility for employee benefit participation. New hires will be considered to have worked one full month, for insurance purposes only, as of the first day of the month following date of hire. Quota The established working hours in a given week the employee is expected to work. Billable Hours All hours, either within the office structure or at a client site, while an employee is performing assignments for which the client may be charged. Pay Period Pay periods are the I" to the 15`h and the 16`h to the end of the month. Payments to employees and contractors are made on the ls` and the 16th of the month. Work Week 2 The seven-day period starting Saturday at 12:01 a.m. and ending Friday at 12:00 midnight. For identification purposes, the week is referred to as "the week ending (Friday's date)." The Company's normal workweek consists of forty hours, generally made up of five consecutive eight-hour workdays. Salaried employees are normally expected to perform assignments during these hours. Due to unique client considerations, the normal hours may be worked in fewer or more days (four-day work week, six-day work week, etc.). Section II - Client Site Client Guidelines The employee must be aware of the client's policies and procedures. Use of the client's facilities and equipment are forbidden without client approval. Any issues in regards to using certain items must be addressed to the company, so we can discuss with the client. Dress Code The company will discuss with the client, what type of dress code is required. The company will make the employee aware of the type of dress code required. If a "dress down" option is allowed, the employee must still dress in a professional manner. Remember, you are representing Nittany Link, Inc., and you need to show professionalism. Drugs, Alcohol and Cigarette Smoking Any drugs or alcohol related incidents at a client's site will result in immediate termination of the company. Any cigarette breaks are to be limited to break time the client issues. If an employee takes cigarette smoking breaks, the break must be no longer than five minutes. Every smoking break the employee takes, that employee must stay at work longer than their original ending time, or take less lunch breaks. The employee must make client aware of these breaks and the type of time used to make up the breaks taken. DAYS OFF (Holiday, Emergency Closings, Early Closings, etc.) Any days the client has off, or takes off early, the company will coordinate with the client if the employee is able to work out their shift. If the employee is forced to NOT WORK, then the company will allow the employee to take off. It will be determined, based on company's financial situation, if that time off will be paid or forfeited to vacation time or non-pay. 3 SECTION III - Benefits The company will provide benefits for full time salaried and hourly employees and their family members. Separate forms will be filled out by the employee for initiating the benefits program. The following benefit programs will be available to the appropriate employees: • These benefit options will begin the day the providing company (i.e., Blue Cross) accepts the employee's form(s). o Medical Insurance o Dental o Vision LIFE INSURANCE Nittany Link pays for the $50,000 Life Insurance Policy for all employees. This amount is non-negotiable and will require employee to sign papers, however, an employee may be willing to forfeit this insurance. MEDICAL INSURANCE HealthAmerica/HealthAssurance will provide Nittany Link with your health insurance. The following is Nittany Link's fee per employee, and what the employee will be deducted per pay. Pay outs are as follows: Employee: NLI pays up to $225/mth maximum Employee + 1- Deductions determined based on rate profit of employee's contract Family - Deductions determined based on rate profit of employee's contract DENTAL Coming soon... United Concordia Dental Insurance VISION Included in the HealthAmerica Plan 4 SHORT TERM DISABILITY As of December 1, 2005, Short Term Disability will be offered to all salaried and hourly employees. If an employee is unable to work due to a non-occupational accident or sickness, is under a doctor's care, and has been employed as a full-time Salaried Employee for at least three consecutive months, the plan will provide the following benefits based on an employee's length of service (to be determined when the situation arises). LONG TERM DISABILITY As of December 1, 2005, Long Term Disability will be offered to all salaried and hourly employees. If you are unable to work due to an accident or illness, are under a doctor's care and are eligible for Long Term Disability, the plan will pay a benefit based upon the terms of the contract (to be determined when the situation arises). Termination Continuation or Conversion Life insurance, major medical, dental, vision and disability coverage cease the day you terminate your employment with the Company. You have an opportunity to either continue your group health care through the Company under the provisions of COBRA, or convert to an individual policy with the insurance carrier. You are provided 31 days to exercise conversion from group to individual coverage. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) allows you the opportunity to continue your group coverage. Information regarding COBRA will be provided to you from the Company's insurance carrier within 44 days of your termination. If you wish to elect COBRA for either you or your eligible dependents, you must notify the insurance carrier within 60 days of your receipt of the COBRA information. Group insurance can be continued under COBRA for a period of 18 months or until eligible to participate fully in another plan (whichever occurs first). If you are disabled, coverage under COBRA may be extended for a period of 29 months. Your monthly premium to the insurance carrier will include the total cost of coverage plus an administrative fee. If you do not pay your monthly premium on time, your coverage will be cancelled. NOTE: Claims determination and eligibility for settlements are made by the Insurance Carriers. Refer to your insurance plan booklets for definitive information. 401(K) PLAN None is available at this time. In time, this will be setup accordingly and an amended document will be disbursed to employees. 529 COLLEGE SAVINGS PLAN None is available at this time. In time, this will be setup accordingly and an amended document will be disbursed to employees. 5 SECTION IV - Payroll and Time The employee is responsible for turning in their timesheet by close of business Tuesday after the week ending Friday. Failure to submit your timesheet by Tuesday of the following week may result in missing a paycheck for the next pay period. The company pays their employees on a semi-monthly basis. No direct deposit is offered at this time, but will be offered in the future. Paychecks will be mailed to the employee. The first paycheck will be held back to the next paycheck. If employee is terminated, the employee will receive their last paycheck two weeks after their last day. If employee owes the company any items, the company may hold the employee's last paycheck as collateral. VACATION An employee will be given 2 weeks (80 hours) vacation to start. After 1 year of service, 10 extra hours will be added onto the employee's vacation time per year, up to 5 years. At 5 years, the employee will automatically be rewarded 4 weeks vacation. At 10 years of service, the employee is awarded the maximum vacation time. The maximum vacation time ever given to an employee is 5 weeks (25 days), as they add up per year. The employee may use 1 hour of vacation at a time as needed. Employee will be given 8 hours immediately at start date, with 8 hours accruing per month, up to the maximum amount allowed for the year. Vacation time may be rolled over to the next year, up to 40 hours maximum. The rest will be paid out to the employee. Rollover occurs at the time of the employee's start date. SICK DAYS All employees will start out with 3 days (24 hours) of sick time per year. Each year, 4 hours will be added to their amount of hours, which will occur at their start date. Employee will be given 4 hours immediately at start date, with 2 hours accruing per semi-monthly payment per month, up to the maximum amount allowed for that year. The maximum sick time ever given to an employee is 8 days (64 hours), as they add up by year. HOLIDAYS The company recognizes the following paid holidays: • New Year's Day • Memorial Day • Independence Day • Labor Day • Thanksgiving • %i day on Christmas Eve - Employees MUST work in the morning, or take 4 hours of vacation time. • Christmas Day • '/2 day on New Year's Eve - Employees MUST work in the morning, or take 4 hours of vacation time. 6 OVERTIME If a client agrees to pay for overtime, then the employee may work overtime as much as they would like. If the employee works more than 50 hours a week, consistently, the company will monitor this for risk of employee getting too stressed. It's the best interest of the company that our employees don't over work themselves. COMPENSATORY TIME The employee can choose to roll their overtime into Comp Time to use for extra days off later that year. A maximum of 2 weeks (80 hours) will be allowed. Comp Time can be rolled over to the next year, or will be paid out at the end of the year, if not used. If the employee is terminated, or resigns from the company, Comp Time will be paid out to the employee as well. FAMILY/PERSONAL EMERGENCIES Death of Immediate Family Member Full-time salaried employees are entitled up to three consecutive working days off with pay in the event of a death in the immediate family. For purposes of this policy, immediate family is defined as: • Spouse or spousal equivalent • Children of employee or spouse/spousal equivalent • Parents of employee or spouse/ spousal equivalent • Brothers and sisters of employee or spouse/spousal equivalent • Grandparents of employee or spouse/spousal equivalent • Other relatives living as a member of the employee's household Leave Of Absence (LOA) From time to time, circumstances may necessitate a period away from the work environment. In response to this potential employee need, the Company provides various leave policies, including under the Family Medical and Leave Act of 1993 (FMLA). Because the Company provides PDO and comp time, employees covered by those plans must exhaust and/or coordinate them, as appropriate, before taking an unpaid leave. Family Medical Leave of Absence (FMLA) Under the provisions of the family and Medical Leave Act (FMLA), you are eligible to take up to 12 weeks of unpaid leave within a 12- month period for a specific family and medical reasons, provided you have worked for the company for at least 12 months and have worked at least 1,250 hours in the 12 consecutive months prior to the leave. Employees who do not meet the above requirements may be entitled to leave under a state mandated law. If a leave qualifies under more than one policy, it will run concurrently under the policies (and concurrently with any other leave required by law). 7 Reasons for FMLA Leave: You may take FMLA leave for any of the following reasons: (1) to care for a newborn child, (2) to care for a child who has just been placed with you for adoption or foster care, (3) to care for a spouse, child, or parent with a serious health condition, or (4) because of your own serious health condition which renders you unable to perform the functions of your position. Leave because of reason (1) or (2) must be completed within the 12-month period beginning no later than the date of birth or placement. In addition, if both spouses are employed by the Company and they request leave for reason (1) or (2) or to care for an ill parent, they may take no more than a combined total of 12 weeks leave. A serious health condition is an injury, illness, impairment, or physical or mental condition, weather work-related or not, that (1) involves an overnight stay in a medical care facility, or (2) requires continuing treatment by a health care provider, as defined by the FMLA. Requesting and FMLA Leave: To request an FMLA leave, you must submit a written request to the District. The request must specify the reason for the leave and the anticipated date of departure and return to work. If the leave is for planned medical treatment or is otherwise foreseeable, the request must be submitted at least 30 days in advance of the leave. (For maternity, paternity, or adoption leave, 14 days is sufficient.) If 30 days' notice is not possible, you must request the leave as soon as practicable (ordinarily within 1 to 2 business days of learning of your need for the leave). Medical Certification If you request FMLA leave because of your own serious health condition or the serious health condition of a spouse, child, or parent, you must provide a medical certification from a health care provider (unless the purpose of your leave is to give birth). A satisfactory medical certification ordinarily must be received by the Company within 15 days of your request for leave. Failure to provide satisfactory medical certification may adversely affect your ability to take leave as requested. The Company also may require a second or third medical opinion at its own expense prior to approving a leave. Recertification may be required during the leave. Reporting While on Leave If you take FMLA leave because of your own serious health condition (except a leave for the purpose of giving birth) or to care for a covered relative's illness, you must contact Human Resources periodically (generally every 30 days) regarding the status of the condition, your intention to return to work, and the date of return. Scheduling leave for the birth of placement of a child must be taken all at once. When a health care provider determines that it is medically necessary, leave taken to care for a sick family member or for your own serious health condition may be taken intermittently or by having a reduced work schedule. If you qualify for intermittent leave or a reduced work schedule due to planned medical treatment, you may be transferred temporarily to 8 an available alternative position with the equivalent pay and benefits, although not necessarily equivalent duties, if the Company determines that such a transfer would better accommodate recurring periods of leave. For leave due to planned medical treatment, you must make reasonable efforts to schedule the treatment so as not to unduly interrupt the Company's operations. Substitution of Paid Leave: FMLA leave generally is unpaid. If you have accrued DO, you must use it concurrently with your FMLA leave as follows: 1. For the first 8 weeks of a maternity, paternity, or adoption leave, you may choose, but are not required, to use accrued PDO. For any other FMLA leave due to your serious health condition, you must use your accrued PDO. 2. For any FMLA leave not due to your own serious health condition, you must use your accrued PDO. The substitution of any paid leave during an FMLA leave will not extend the 12-week FMLA leave entitlement. If you are eligible for short-term disability benefits, the elimination period must be satisfied before such payments begin. If your FMLA leave is the result of a work-related injury, you may qualify for worker's compensation benefits. If you are awarded worker's compensation or short-term disability benefits, the period of the award will run concurrently with the FMLA leave. Maintenance of Benefits During FMLA leave, your insurance coverage will continue under the same conditions, as coverage would have been provided if you had been continuously employed during the entire leave period. You must make arrangements to pay for your share of insurance premiums while on leave. During unpaid FMLA leave, PDO does not accrue and you are not eligible for holiday pay. PDO, which you accrued prior to your leave, will not be lost. For purposes of the Company's 401 (k) plan, FMLA leave is treated as continuous service. Return from Leave When your approved FMLA leave ends, you will be returned to the same position, if available, or to a similar available position for which you are qualified with the equivalent pay and benefits, except that (a) this right may be denied to key employees (the highest paid 10% of employees in the Company) in certain circumstances, and (b) any employee on FMLA leave is subject to any layoff or reduction in force as permitted by law. An employee who does not return from leave after 12 weeks generally will be considered to have voluntarily resigned. If you take FMLA leave because of your own serious health condition (except a leave for the purpose of giving birth), you are required to provide medical certification that you are fit to resume work. 9 Leave Without Pay (LWOP) Other approved leaves from the work environment are possible with a minimum of thirty- (30) days advance written notice (necessary for client scheduling). Advance notification requirements will be waived in the event of an emergency. This written notice is to be given to the District Manager/VP for approval, and Corporate Human Resources for approval. When an employee is out on an approved LOA for more than 1 month the option to remain in the company group insurance program under COBRA is available. An application and COBRA information will be sent directly to the employee from the Insurance Carriers. Failure to pay premiums will result in cancellation of coverage. An approved LOA of six months or less allows an employee to return to active status with credit for full length of service intact, as if a break in service had not occurred. The Company reserves the right to deny a Leave of Absence request in its sole and absolute discretion. Accrual of benefits such as PDO, employer-paid benefits such as life and disability insurance, and employee-elected benefits such as 401(k) and supplemental life, will be suspended until an employee resumes normal working operations. Upon an employee's return to work, reasonable effort will be made to place that employee in an assignment. If an assignment is not located for the employee, employment will be terminated. Military Leave Military Reserve Training: If you belong to a branch of the Military Reserve or national Guard, which required you to train each year, you will be allowed to take up to two weeks off without pay to do so. You must give a copy of your training orders to your manager at least 30 days in advance of the training date to assure adequate staffing in your absence. Active Duty: If you are drafted, volunteer for military service, or are called to active duty, you will be granted a military leave without pay. You must give your manager a copy of your orders as soon as you receive them to ensure adequate staffing during your absence. If you apply for re-employment after completion of your military service, you will be reinstated in accordance with the Veterans Reemployment Act. Jury Duty The Company recognizes your civic responsibilities. Therefore, an employee who is required to serve on Jury Duty will be allowed the necessary time for performance of such duties provided the following guidelines are met: • Your Manager must be notified immediately upon your receipt of a summons to Jury Duty. This communication is imperative to enable an evaluation and response regarding the impact of your absence on business. • If the employee's absence poses a hardship for the Company, the Company may recommend a postponement and will thus provide the employee with pertinent information to be submitted in requesting a deferment. During your bona fide Jury Duty service, the Company will continue compensation at your regular base salary, less your pay as a juror, for service of up to fifteen (15) days during any one Jury Duty service period. To qualify for such pay, you must submit documentation from the Jury Duty Commissioner regarding your wages as a juror and 10 your dates of Jury Duty. This documentation must be provided immediately but not later than four (4) weeks after the completion of your service. Employees who are excused from jury duty with enough time remaining in the workday to perform a minimum of two hours of services are expected to contact their District Manager to determine if they should report to work for the balance of the day. If you are summoned to appear in court as a defendant or witness, you must notify your Manager as outlined above. This will be considered unpaid personal time off. If these guidelines are not met, the Company reserves the right to disqualify any Jury Duty. Weather Related Absence The employee will be paid for days the client closes due to inclement weather. SECTION V - Bonuses and Incentives • Referral Bonus o Any employee who has another employee hired, or even a subcontractor, will be awarded 50 cents per hour more for as long as either employee works for the company. ¦ The employee receiving the bonus will only get the bonus while employed with the company. ¦ If the hired employee no longer works for the company, the bonus will no longer be effective. • Potential Quarterly Bonuses o The company appreciates our employees, who help make our business grow. At the end of each quarter, the company will review the profits and determine a fair bonus amount to every employee on the payroll system, shall the profits be over our expected goals. The employee MUST be employed by the company at the time of the bonus and have worked with the company for at least one quarter or 3 months. o All bonus amounts will be equal to all salaried and full time employees. There will be no discrimination between salaried/full time employee levels of employment. However, part time employees will get half of the bonus that full time employees receive. ¦ Finders Fee Bonus o Any employee who recommends a business to the company, or refers a company to us, and a contract is awarded to our company, will receive a bonus. This bonus will be determined by the amount of the contract. ¦ $100 for < 6 month contract ¦ $250 for a 6 month to < 1 year ¦ $500 for > 1 year ¦ If contracts are renewed, the same bonus will be given to that employee. o This option is not eligible for employees in the Sales Department, for they are under contract for commission. 11 Employee Recognition - dedication towards the company and at client's office. The employee will be able to take the family, or up to 4 friends, out to dinner, with a maximum of $50 (unless family is greater than 4). Employee Services awards 0 2 year service award ¦ Dinner for two 0 4 year service award ¦ Choose from a list of very nice items 0 5 years ¦ Bonus (to be determined by NLI President) ¦ Choose from a list of very nice items 0 6 - 9 years ¦ Weekend Getaway (NLI will coordinate) ¦ Each year the employee will be allowed to choose a nice prize from a list of very nice items. 0 10 years ¦ A party will be held to recognize the employee's years of dedicated work, where we get to tell fun stories about the employee. • A very generous award, including a weekend away to areas listed at that time. • Trip - can be taken anytime that year. o 11 years and up ¦ The owners will think of something nice • Group lunches o The manager of projects will be responsible for taking their project team to lunch once a month. • Company Status meetings o Twice a year, the company will have status meetings to go over the company happenings, such as profits, clients, etc., and to discuss employee comments to help enhance the company's growth and business. • Company Christmas Party o As the company grows, Christmas parties will be given to celebrate our successful year and to wish everyone a happy new year. • Company outings and events o As the company grows, company outings and other events will be given to get all employees together and share stories, ideas and so forth. 12 SECTION VI - Education The company will pay for an employees program course if the company feels the class will benefit the company and its clients. The company will pay for the course up front, but if employee drops out of course, or does not receive a passing grade, the company will ask for reimbursement, or withhold the employee's next paycheck. Should the employee leave the company within 6 months of taking the course, the company will seek full compensation, or keep the difference on the last paycheck. SECTION VII - Company Employment The following are the company's every day policies and procedures: BUSINESS HOURS The company works on a regular work week, from Monday thru Friday, starting at 8 am and ending at 5 pm, with 1 hour for lunch. Consultants working at the office may work before the office opens. Consultants working at a client's office must work under their client's business hours, unless otherwise agreed between the company and client to allow consultants to work outside their normal working hours. STATUS REPORTS Each employee will be given a status and timesheet template to keep track of each day of duties performed and projections for the following week's goals. The timesheet must be turned in no later then the following Tuesday of the week ending Friday. Failure to do so may result in no paycheck for that week. 13 EMPLOYEE CONDUCT AND PROFESSIONALISM The Company is committed to achieving high standards of business and personal ethical conduct for itself and its personnel. To ensure these standards of conduct are met, we expect you to follow rules of behavior. Adherence to appropriate business standards and ethical conduct will provide for the best possible work environment for our employees and the highest level of customer service for our clients. This code of conduct is meant to supplement the policies and procedures established by the Company, such as those included within this manual. It is not possible to list all behaviors that are unacceptable in the workplace; however, the following are examples of the types of behaviors that will result in disciplinary action, up to and including termination: • Theft or inappropriate removal or possession of company or client property. • Working under the influence of alcohol or a controlled substance. • Possession, distribution, sale, transfer or use of alcohol, or a controlled substance in the workplace. • Conducting business functions or entertainment events involving the consumption of alcoholic beverages which take place on company remises without proper authorization. • Fighting or threatening violence in the workplace. • Negligence or improper conduct, which leads to or could lead to damage or injury to person or property. • Insubordination or other disrespectful conduct. • Sexual or other unlawful or unwelcome harassment. • Excessive absenteeism or absence without notice. • Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace. • Unauthorized absence from workstation during the workday. • Unsatisfactory performance or conduct. • Inappropriate use of communications or computer systems. SEXUAL HARRASSMENT It is the goal of the Company to promote a workplace that is free of sexual and other unlawful harassment. Such harassment is unacceptable and will not be tolerated by the Company. Such harassment in the workplace is also a violation of state and federal laws. There will be no retaliation or reprisal against anyone reporting a harassment complaint or for participating in an investigation of a harassment complaint. Unlawful harassment prohibited by this policy includes harassment based upon an individual's race, sex, handicap, age, citizenship, national origin, and any other factor protected by federal, state or local law. 14 JOB CONFIDENTIALITY The confidentiality of our operations and client information is a vital component contributing to the Company's growth. It creates a trusting relationship, which provides the basis for good client relations. In addition to being a good business practice, in many instances, confidentiality is a legal requirement. Both legal and operational problems can result from unwarranted disclosure of client or company confidential information to the public (or a competitor). In each case, the person requesting information - be it a client, employee, corporate employee or outsider - must clearly demonstrate that he has the need to know, not just the desire to know. Note: Disclosure of confidential information will be interpreted as a serious breach of this trust relationship and may be grounds for immediate dismissal. PERSONAL BELONGINGS vs. COMPANY BELONGINGS All personal belongings are to be removed from the client and company office within the 2 week notice given to the company. Anything after that will be kept that the company office, or may be thrown away. Company belongings must be returned within the 2 weeks notice given. Any items not returned will result in holding the employee's last paycheck until all belongings are returned. After 30 days, the paycheck will be nullified and paid back to the company for any such items. If the amount of the items exceeds the check, the law enforcement may be notified. TERMINATION OF EMPLOYMENT A 2 week notice must be given to the company and the company will notify the client. This notice is needed to give the company time to replace you on a client project. The employee will sit down with the appropriate managers of the company to discuss the termination. Forms must be signed and company belongings must be handed over at that time. 15 EXHIBIT C Proposal for Caldwell & Kearns Law Firm January 3, 2006 Table of Contents 1. General information about Nittany Link, Inc. 2. Accomplishments 3. Specifications on Development 4. Time Plan 5. Invoice & Payment Amounts 1. General Company Information Nittany Link has been providing businesses and nonprofit organizations solutions since 1999. With an office in Wormleysburg we can provide your firm with the local, personal service that you deserve. Our talented team has produced web applications and websites that save our customers time, money, and effort. We have a track record of providing e-commerce, online membership management, centralized sources of information, and providing clients with the ability to maintain their website with easy to use interfaces with multiple levels of security. .. am Nittany Link is a privately owned company with 7 employees and another 4 sub contractors that we regularly tap for their expertise with projects. This combination of talent allows Nittany Link to provide excellent quality to any project. In order to provide quality service to our customers, Nittany Link evaluates the needs of the customer and determines the right technologies to apply in order to reach that goal. We then match the technologies and skills needed with our people that the necessary skills and experience using those technologies to determine who is assigned for the project. We understand what your firm is trying to accomplish with your website because we have provided very similar solutions to other firms. The ability to modify the web site at your own discretion is the most efficient method in getting the site updated in a timely manner. Caldwell & Kearns approached us looking to centralize their day-to-day operations. Nittany Link will provide them with a web based solution that allows the firm to inform their members with a secured Administrator site to update their public site accordingly. Everything from site content, employee or member biographies, documents and newsletters can be controlled by the firm themselves with the administration area we develop for them. Nittany Link also produced for the Pennsylvania Medical Society an application called the Keystones of Public Health. This was tool designed for the public to find people and resources in the state of PA. The visitor would provide their address and would view resources that were ordered by proximity. Although this site is no longer active and maintained by the Pennsylvania Medical Society it does show relevant experience of our staff. IM am 2. Accomplishments 1. Nittany Link, Inc has developed numerous web sites for small and larger companies. We take pride in our development work and our proposals are based on development time only. We do not include materials used for development, unless the company requests a specific tool to be used for their application, which may or may not require a license for the software. Extra fees for petty items are deemed unnecessary. 2. We have formed a relationship with the Pennsylvania Association of Non-Profit Agencies (PANG) to offer a benefit of membership program and have revised and upgraded their website to include a new graphical look and feel and Admin site that allows the organization to update their web site. We offer other non profit organization members of PANO discounts for developing their web site by using the same templates and functions to have a similar site as PANG. I We were very instrumental in helping the Pennsylvania Medical Society transition their web presence and develop a number of applications that provided on line presence and communication with their members and the general public. When they hosted the website from their facility they turned to Nittany Link, Inc., to resolve technical difficulties they were having with the NT platform and the configuration of several applications that were running concurrently. 4. Scott Long, Vice President of Nittany Link, joined Nittany Link in January of 2005, to help bring more business and revenues to the business. His background includes programming, web development and project management for PA State Agencies, such as PENNDOT, Dept. of Public Welfare and Dept. of Health. He has developed highly important applications for the agencies and understands the importance of having a solid and dependable application to improve a client's daily production activities. Scott assigns only the most competent developers to perform at Nittany Link and the developers perform well and take pride in their development procedures. 3. Specifications on Development The entire website is static, despite the appearance of several PHP scripts. In other words, every file for the whole site could have an HTML extension and it would function the same. There is also no interaction with a database, greatly reducing the efficiency of the site and greatly increasing the workload of administering it. What does this mean? In effect, every single file on the site will need to be modified in some way to be able to fully take advantage of the dynamic nature of server-side scripting. For most of the files this will be a very minor modification. For example, the header (which will include the site navigation menu) and the footer will be included in every script. If any changes need to be made to the menu, only the header script will need to be changed, and this change will ripple through the entire website. Instead of making the change in dozens of files (i.e. the current site design), it only needs to be made once. This concept of a dynamic website will be enhanced with the addition of a database on the back- end of the site. This will allow for the information to be stored only once, in only one area, instead of in dozens of different files as per the current site. For instance, rather than hand-coding a hyperlink or text et al into dozens of scripts using straight HTML, the changes need only to be made once, through an administration control panel that anyone at any skill level can use. How will the administration control panel work? In a word, simply. You will login in directly to your control panel with your username/password. From there you can do anything you want from a clean, intuitive user interface. You will be able to add, edit, or delete any part of the Attorney Biographies, Practice Areas, Links, Q & A, Locations, Contact Information, or Representative Clients sections of the website. Any changes you make will instantly be updated on the website itself. You won't need any knowledge of HTML, PHP, JavaScript, or any other web technology. You simply enter the information into the provided text fields as you would any text editor (such as Notepad or Microsoft Word), and the scripting built into the control panel will do the rest. No longer will you need to rely on a third party to update your website for you. No longer must you put in a request for change, only to realize that two weeks or more have passed without the changes having been made. Finally, you are in control of your own website. The administration control panel will administer all of the aforementioned sections of the website. Instead of doing it piecemeal (as Mr. Woodburn had suggested in an email dated December 22, 2005), the easier, more efficient way would be to do it for the entire section of the website which can presently be found in the `about' folder on the root directory of the website. Since all of this information is tied together, it only makes sense to have the control panel administer all of the shared information between these files. It will not only save time but money. Lastly, the website needs to be updated to conform to the best web development design standards and practices. This means that the deprecated HTML code should be updated to XHTML, as outlined by the WX (World Wide Web Consortium). More information can be found at http://www.w3.or&MarkUp/. The site pages will be developed to the best strength for "Search Engine" purposes. This will not guarantee getting in the top of the list, for many companies pay money to be at the top, but the web pages will be developed correctly in an attempt for getting as close to the top of the search engine as possible. 4. Time Plan We have experience working on large projects and know how to manage them. We understand that a firm may have to seek input from the board and possibly the membership relative to web site design issues. Nittany Link will rely on feedback from the firm to produce the solution that is desired. When we begin a project we recommend that a single point of contact be identified in your firm to provide the communication of input and approval for each phase of the project after polling the firm of the intent. Nittany Link, Inc. will provide a single point of contact as well so that the communication is kept coordinated internally. We realize that not everyone can be available all of the time and that there are generally multiple professionals involved in the web site production process. Internally we have a development site for internal coordination of the production process and documentation of communication. We realize that this project is a priority to your fore and the time line that we have developed for this project reflects this importance of your internal review and our interaction. Project Activity Workdays :ling to gather phase specific requirements and phase project management elop overall site layout. (Current Web Design will be used, so only web files need to be modified) the Admin site Specifications and Design for review. 2 2 design 1.5 ent of the Administration site 6 ms and creations of web files for the current web site application 3 testing and user manual writing and client requested modifications 2.5 ¦ 3 Acceptance Testing (UAT) and Training to use the Admin site 2 modifications after UAT 2 5. Invoice & Payment Amounts The following prices below reflect the time proposed to make your website more effective. Nittany Link proposes an estimated amount at a maximum time it will take to perform this project. Any requests made, after signature of this proposal, could add more time to the proposal and the client will be required to sign a "Change Request" form before any additions are performed. Payment Description Price ,YMENT OPTIONS: 1. 3 payments: 113 up front; before UAT; Approval (Full Price paid) 3 X $2,133.33 2. 2 payments: % up front; % after Approval (2% discount applied on each payment - Total of $134.40); 2 X $3,136.00 3. 1 Full payment: 5% discount applied - Total of $336.00 $6,080.00 Please circle the payment option desired: 1 2 3 By signing this agreement, Caldwell & Kearns will send the appropriate payment amount and Nittany Link will begin development immediately, upon receipt of payment. Nittany Link thanks you for your consideration for this opportunity and we look forward to working with you in the future. Signatures: Caldwell & Kearns Approving Officer Printed Name Bruce Ensor - President & Treasurer Print Name: Date Date: N ? ZJ -.) 'TI r+ i4 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NITTANY LINK INC VS LONG SCOTT W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LONG SCOTT W but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 14th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 43.25 Postage 4.44 84.69 ? 03/14/2008 BERGER LAW FIRM So answers- R: --1 Thomas Kl' e Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NITTANY LINK INC VS LONG SCOTT W ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SWL CONSULTING SERVICES LLC but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 14th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 16.00 ? 03/14/2008 BERGER LAW FIRM So answer • Thomas Kline Sheriff of Cumberland County 31/ 9 /61, - Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland. County, Pennsylvahia Nittany Link Inc ,. vs. Scott W. Long et al NO. 08-1323 civil . SERVE: Scott W. Long Now, March 42008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.? Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA qj'C.t f t4eeMary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin NITTANY LINK INC VS SCOTT W LONG Sheriff s Return No. 2008-T-0488 OTHER COUNTY NO. 081323 And now: MARCH 11, 2008 at 8:55:00 AM served the within NOTICE & COMPLAINT upon SCOTT W LONG by personally handing to ANN LONG true attested copies of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 7265 CAPITAL DRIVE HARRISBURG PA 17111 WIFE Sworn and subscribed to before me this 13TH day of March, 2008 Ai? - NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, ? k? ;l*? ,a Pa, Sheriff cgDaupl i Cq ty By . I,?6',,. - - ,r Deputy Sheriff Deputy: S WEVODAU Sheriffs Costs: $43.25 3/10/2008 In The Court of Common Pleas of Cumberland County, Pennsylvania Nittany Link Inc vs. Scott W. Long et al No. 08-1323 civil SERVE: SWL Consulting Services LLC Now, March 4 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of copy of the original Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA (Affit.t of t4t c*herf,ff Mary Jane Snyder Real Estate Dep William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin NITTANY LINK INC VS SCOTT W LONG Sheriffs Return No. 2008-T-0488 OTHER COUNTY NO. 081323 And now: MARCH 11, 2008 at 8:55:00 AM served the within NOTICE & COMPLAINT upon SWL SONSULTING SERVICES INC by personally handing to ANN LONG 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 7265 CAPITAL DRIVE HARRISBURG PA 17111 WIFE Sworn and subscribed to before me this 13TH day of March, 2008 1141 Highspire, Dauphin CounM Convnission Ex Tres S t 1 So Answers, NOTARIAL SEAL RY JANE SNYDER, Notary :1P1ub]fii kx'?? Sheriff o auph CoipW tre By ?? ?:. a y e Deputy Sheriff Deputy: S WEVODAU Sheriffs Costs: $43.25 3/10/2008 C BRIAN K. ZELLNER, Esquire Supreme Court ID #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NITTANY LINK, INC., Plaintiff V. NO. 08-1323 CIVIL TERM SCOTT W. LONG AND JURY TRIAL DEMANDED SWL CONSULTING SERVICES, LLC Defendants NOTICE TO PLEAD To: Nittany Link, Inc. c/o Edmund J. Berger, Esquire Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from the service hereof or a judgment may be entered against you. 9,, k 2u Brian K. Zellner, Esquire Michael A. Hynum, Esquire Attorney for Defendants Hynum Law Attorney Id. 59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 BRIAN K. ZELLNER, Esquire Supreme Court ID #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NITTANY LINK, INC., Plaintiff V. NO. 08-1323 CIVIL TERM SCOTT W. LONG AND JURY TRIAL DEMANDED SWL CONSULTING SERVICES, LLC Defendants DEFENDANTS' ANSWER WITH NEW MATTER 1. Admitted. 2. Denied. After reasonable investigation, the Defendants cannot determine the truth or veracity of this averment. 3. Admitted. 4. Admitted. 5. Denied. The Defendants aver that there has not been any "tortious interference" by either Defendant. 6. Admitted. 7. Denied. The Defendant Scott Long avers to the contrary that while employed by the Plaintiff he created an employee handbook. He further avers that after reasonable investigation he can not determine whether the employee handbook which is attached as Exhibit "B" is the employee handbook he created. The Defendant Scott Long believes and therefore avers that the employee handbook he created may have been modified by the Plaintiff after he left its employ. 8. Denied. The Defendant Scott Long while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendant Scott Long avers to the contrary that he did not undertake any activities while employed by the Plaintiff to interfere with prospective independent contractors, business and government entities. After the Defendant Scott Long left the employ of the Plaintiff, neither Defendant undertook any activities to interfere with the relationship between the Plaintiff and prospective independent contractors, business and government entities. 9. Denied. The Defendants aver to the contrary that they did not interfere with any relationship between Chuck Goolsby and the Plaintiff. The Defendant Scott Long while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendant Scott Long avers to the contrary that he did not undertake any activities while employed by the Plaintiff to interfere with prospective independent contractors. It is further averred that Candidates can ask to not be called and there names can be removed from the Plaintiffs database. 10. Denied. The Defendant Scott Long while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendant Scott Long avers to the contrary that he did not undertake any activities while employed by the Plaintiff to interfere with prospective independent contractors. It is further averred that Candidates can ask to not be called and there names can be removed from the Plaintiffs database. 11. Denied. The Defendant Scott Long while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendant Scott Long avers to the contrary that he did not undertake any activities while employed by the Plaintiff to interfere with prospective independent contractors. 12. Denied. The Defendant Scott Long while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendant Scott Long avers to the contrary that he did not undertake any activities while employed by the Plaintiff to interfere with prospective independent contractors. 13. Denied. The Defendant Scott Long while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendant Scott Long avers to the contrary that he did not undertake any activities while employed by the Plaintiff to interfere with prospective independent contractors. 14. Denied. The Defendant Scott Long avers to the contrary that while employed by the Plaintiff he performed his duties within the course and scope of his employment and was loyal to the Plaintiff. COUNT 1 NITTANY LINK, INV. V. SCOTT W. LONG AND SWL INTENTIONAL INTERFERENCE WITH EXISITNG CONTRATUAL RELATIONSHIPS (CAI) 15. The Defendants incorporate their answers to Paragraphs 1 through 14 by reference as though more fully set forth herein. 16. Denied. The Defendant Scott Long avers to the contrary that he neither individually nor on behalf of SWL interfered with any of the Plaintiffs relationships with CAI. The Defendants demand strict proof at trial. 17. Denied. The Defendant Scott Long avers to the contrary that he neither individually nor on behalf of SWL interfered with any of the Plaintiffs relationships with CAI. The Defendants demand strict proof at trial. 18. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 19. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 20. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. COUNT 2 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL INTENTIONAL INTERFERENCE WITH EXISTING CONTRACTUAL RELATIONSHIP WITH CALDWELL & KEARNS 21. The Defendants incorporate their answers to Paragraphs 1 through 20 by reference as though more fully set forth herein. 22. Denied. The Defendant Scott Long avers to the contrary that he neither individually nor on behalf of SWL interfered with any of the Plaintiffs relationships with Caldwell & Kearns, P.C. The Defendants demand strict proof at trial. 23. Denied. The Defendant Scott Long avers to the contrary that he neither individually nor on behalf of SWL interfered with any of the Plaintiff's relationships with Caldwell & Kearns, P.C. The Defendants demand strict proof at trial. 24. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 25. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 26. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. COUNT 3 NITTANT LINK, INC. V. SCOTT W. LONG AND SWL INTENTIONAL INTERFERENCE WITH PROSPECTIVE CONTRACTUAL RELATIONSHIP WITH CHUCK GOOLSBY 27. The Defendants incorporate their answers to Paragraphs 1 through 26 by reference as though more fully set forth herein. 28. Denied. The Defendant Scott Long avers to the contrary that he neither individually nor on behalf of SWL interfered with any of the Plaintiffs relationships with Chuck Goolsby. The Defendants demand strict proof at trial. 29. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 30. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 31. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. COUNT 4 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL INTENTIONAL RELATIONSHIP WITH PROSPECTIVE CONTRACTUAL RELATIONSHIP WITH KARL KOCHER AND PENNDOT 32. The Defendants incorporate their answers to Paragraphs 1 through 31 by reference as though more fully set forth herein. 33. Denied. The Defendant Scott Long avers to the contrary that he neither individually nor on behalf of SWL interfered with any of the Plaintiffs relationships with Karl Kocher and Penndot. The Defendants demand strict proof at trial. 34. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 35. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 36. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. COUNT 5 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL TRESPASS TO PLAINTIFF'S PROPERTY 37. The Defendants incorporate their answers to Paragraphs 1 through 36 by reference as though more fully set forth herein. 38. Denied. The Defendant Scott Long avers to the contrary while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendants demand strict proof at trial. 39. Denied. The Defendant Scott Long avers to the contrary while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendants demand strict proof at trial. 40. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. COUNT 6 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL CONVERSION OF PLAINTIFF'S ASSETS 41. The Defendants incorporate their answers to Paragraphs 1 through 40 by reference as though more fully set forth herein. 42. Denied. The Defendant Scott Long avers to the contrary while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendants demand strict proof at trial. 43. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 44. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. COUNT 7 NITTANY LINK, INC. V. SCOTT W. LONG AND SWL DEFAMATION 45. The Defendants incorporate their answers to Paragraphs 1 through 44 by reference as though more fully set forth herein. 46. The Defendant Scott Long avers to the contrary while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendants demand strict proof at trial. 47. The Defendant Scott Long avers to the contrary while employed by the Plaintiff performed his duties within the course and scope of his employment. The Defendants demand strict proof at trial. 48. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 49. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 50. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 51. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. COUNT 8 NITTANY LINK, INC. V. SCOTT W. LONG BREACH OF CONTRACT 52. The Defendants incorporate their answers to Paragraphs 1 through 51 by reference as though more fully set forth herein. 53. Denied. The averments contained in this paragraph are conclusions of law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. NEW MATTER 54. Paragraphs 1 through 53 of the Defendants' Answer with New Matter are incorporated herein by reference as if fully set forth herein. 55. The Plaintiffs claim is barred by the Statute of Limitations. 56. The Plaintiffs complaint fails to state a claim upon which relief can be granted. WHEREFORE, the Defendants request judgment in their favor and against the Plaintiff. Date: 3 q or Brian K. Zellner, Esquire Supreme Court ID #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attomey for Defendants Rx Date/Time MA°-19-20083ED) 13:0,' P. 001 Mar 19 08 01:07p P.1 VERIFICATION verify that the statements contained in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Scott Long CERTIFICATE OF SERVICE On this 18th day of March, 2008, 1 certify that a copy of the foregoing ANSWER AND NEW MATTER was served upon the following counsel for Respondent by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Edmund J. Berger, Esquire BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Brian K. Zellner, Esquire Hynum Law 315 Bridge St., Lower Level New Cumberland, PA 17070 aFa r ro 4 rDavidrD. Buell Prothonotary KirkS. Sohonage, ESQ Solicitor TSnee X Simpson IS` Deputy Prothonotary Irene E. 9Korrow 2 "d Deputy Prothonotary Office of the Prothonotary Cum6erfand County, Pennsylvania n8 -/3;7,3- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square e Suite 100 9 Carlisle, <PN 17013 • (717) 240-6195 * Fax (717)240-6573