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HomeMy WebLinkAbout08-3317DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 SILL TECHNICAL ASSOCIATES, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANDERSON ELECTRONICS, INC. Defendant : CIVIL ACTION - IN LAW : NO: 0$- 33117 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSES O SUS OBJECTIONS A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADAS O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA UN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 r?Q y a8 ?? ?. d? r CIK' DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 2 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 170013 (717) 385-1866 SILL TECHNICAL ASSOCIATES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL ACTION - IN LAW ANDERSON ELECTRONICS, INC. NO: d Y 3 3/ 7 CIVIL TERM Defendant COMPLAINT Plaintiff, Sill Technical Associates, Inc., by and through its undersigned attorney, Douglas C. Lovelace, Jr., Esquire, brings the following Complaint against Defendant, Anderson Electronics, Inc., and in support thereof respectfully represents as follows: Parties 1. Plaintiff, Sill Technical Associates, Inc., at all times material hereto, was and is a Pennsylvania Business Corporation with a principal place of business at Mechanicsburg, Cumberland County, Pennsylvania, performing employee placement services for other business entities. 2. The Defendant, Anderson Electronics, Inc. (hereafter Anderson), represents itself to be, and upon information and belief, is a Pennsylvania Business Corporation with a principal place of business located on Scotch Valley Road, Hollidaysburg, Blair County, Pennsylvania 16648. Jurisdiction and Venue 3. This honorable Court has jurisdiction over this matter and venue is proper in Cumberland County, in accordance with Pa. R.C.P. 1006, because the cause of action arose in Cumberland County where the parties entered into an agreement at Plaintiff's principal place of business in Mechanicsburg, Cumberland County, Pennsylvania, and from which, per the agreement between the parties, transactions and occurrences took place, to wit: Defendant requested that Plaintiff find a good sales representative with industry experience to run sales for Anderson Electronics, Inc. and manage the territory representatives; Plaintiff agreed to, and did, refer, recommend, and place Mr. Paul Cahn with Defendant; Defendant promised to pay Plaintiff a placement fee of $12,000.00 for such placement services, and Plaintiff contacted Paul Cahn about the possible position. Defendant paid Plaintiff, at Plaintiff's place of business in Mechanicsburg, Cumberland County, Pennsylvania, $1,000.00, as partial payment for the $12,000.00 Defendant promised to pay Plaintiff and otherwise acknowledged the aforesaid agreement between Defendant and Plaintiff. Plaintiff accomplished all tasks associated with meeting the terms of its agreement with Defendant at Plaintiff's place of business in Mechanicsburg, Cumberland County, Pennsylvania. Factual Allegations 4. From on or about March 21, 2007 until on or about September 15, 2007, Mr. Rodney Mills served as Anderson's Chief Executive Officer (hereafter CEO). 5. From on or about March 21, 2007 until on or about September 15, 2007, Mr. Rodney Mills, serving as Anderson's CEO, possessed and exercised authority to hire employees for Anderson. 2 6. From on or about March 21, 2007 until on or about September 15, 2007, Mr. Raymond Page served as an officer of Anderson. 7. On or about May 2, 2007, Rodney Mills, in his capacity as CEO of Anderson, contacted Plaintiff and asked Plaintiff to find a good sales representative with industry experience to run sales for Anderson Electronics, Inc. and manage the territory representatives. 8. On or about May 24, 2007, Defendant and Plaintiff agreed that Defendant would pay Plaintiff a flat fee of $12,000.00, if Plaintiff referred such an employee to Defendant, Defendant hired such an employee, and the employee remained employed by Defendant for at least thirty calendar days. 9. On or about May 24, 2007 Plaintiff referred Mr. Paul Cahn to Anderson's CEO, Rodney Mills, in accordance with the agreement between Defendant and Plaintiff. 10. On June 18, 2007, Defendant's CEO, Rodney Mills, offered Paul Cahn the position of Vice President, Sales, with a beginning of employment date of July 2, 2007. 11. On June 20, 2007, Paul Cahn accepted the offer extended to him by Rodney Mills, Defendant's CEO. 12. Paul Cahn began work at Anderson on or about July 2, 2007 and remained employed by Anderson until on or about February 8, 2008, a period of over seven months. 13. Paul Cahn remained employed by Defendant for almost five months after Rodney Mills ceased serving as CEO of Anderson. 14. Paul Cahn left Anderson's employment on or about February 8, 2008, on his own initiative, because Anderson did not honor the bonus program that was a term of the employment agreement Mr. Cahn entered into with Anderson. 3 15. On June 27, 2007, Plaintiff billed Defendant for the agreed upon $12,000.00 placement fee, with $6,000.00 due by August 1, 2007 and the remaining $6,000.00 due on September 1, 2007. 16. On August 23, 2007, Defendant paid Plaintiff $1,000.00 of the $12,000.00 owed, explaining that the payment was not much but was a start and that next week should be a little better. 17. On September 7, Defendant again acknowledged Anderson's debt to Plaintiff, promised to work toward getting Plaintiff another payment soon, and thanked Plaintiff for its patience and extended terms. 18. Defendant has made no subsequent payments to Plaintiff, even though Plaintiff has made multiple demands upon Defendant for payment of the $11,000.00 balance owed by Defendant to Plaintiff. Count I Breach of Contract 19. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 18, inclusive, as fully as though the same were set forth herein at length. 20. On or about May 24, 2007, Defendant entered into an employee placement agreement with Plaintiff, by which Plaintiff would refer a prospective employee who is a good sales representative with industry experience to run sales for Anderson Electronics, Inc. and manage the territory representatives. In return for Plaintiff's services, Defendant agreed to pay Plaintiff a flat fee of $12,000.00, if Defendant hired the prospective employee referred by Plaintiff, and if the employee remained employed by Defendant for a period of at least thirty calendar days. 4 21. Plaintiff fully performed under the terms of the agreement by referring Paul Cahn, who Defendant hired, and who remained an employee of Defendant for over seven months. 22. Defendant partially performed under the terms of the agreement by paying Plaintiff only $1,000.00 of the $12,000.00 Defendant owed Plaintiff, under the terms of the agreement. 23. Defendant breached the terms of its agreement with Plaintiff by not paying the full $12,000.00 Defendant owed Plaintiff under the terms of the agreement and continues to owe Plaintiff $11,000.00, in accordance with the said agreement. 24. As a direct and proximate result of Defendant's breach of its agreement with Plaintiff, Plaintiff suffered damages in an amount not less that $11,000.00 plus interest and costs. WHEREFORE, Plaintiff, Sill, Technical Associates, Inc., respectfully requests this honorable Court enter judgment in its favor and against Defendant, Anderson Electronics, Inc., in an amount not less than $11,000.00 plus reasonable attorney fees, and any other costs and interest that the Court may deem appropriate or to which Plaintiff may be entitled as a matter of law, an amount that does not exceed the jurisdictional amount for compulsory arbitration, in accordance with local rule. Count II Unjust Enrichment In the event it is determined that no written or oral agreement existed in fact or law between Plaintiff and Defendant, as alleged in Count I, Plaintiff alleges as follows: 25. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 24, inclusive, as fully as though the same were set forth herein at length. 26. At all times material hereto, Defendant was aware that Plaintiff referred Paul Cahn for placement as an employee of Anderson Electronics, Inc., and that Plaintiff expected to be paid $12,000.00, if Defendant hired Mr. Cahn and employed him for at least thirty calendar days. 5 27. At all times material hereto, Defendant, with the aforesaid knowledge, permitted and encouraged Plaintiff to refer Paul Cahn for placement as an employee of Anderson Electronics, Inc. 28. After accepting Plaintiff's placement of Paul Cahn, employing Paul Cahn for over thirty calendar days, and paying Plaintiff only $1,000.00 for Plaintiffs placement of Paul Cahn, Defendant knew it was obligated to pay Plaintiff a balance of $11,000.00, but knowingly failed to do so. 29. By taking advantage of Plaintiffs referral of Paul Cahn, hiring Mr. Cahn, and employing him for over seven months, without paying Plaintiff $11,000.00 of the $12,000.00 placement fee, Defendant improperly received a benefit of at least $11,000.00, plus interest and, as a result, has been unjustly enriched at Plaintiff's expense. 30. Defendant knew he would realize the benefit of the amount of the aforementioned unpaid balance when he refused to pay Plaintiff the aforesaid $11,000.00 balance owed Plaintiff. 31. Notwithstanding Plaintiff s repeated demands for payment, Defendant continues to refuse to pay Plaintiff the $11,000.00 Defendant owes Plaintiff. 32. Acceptance and retention of the full benefits deriving from Plaintiff's placement of Paul Cahn with Anderson Electronics, Inc., without paying Plaintiff the $11,000.00 Defendant still owes Plaintiff, under the circumstances described in the foregoing paragraphs, would be inequitable unless Defendant pays Plaintiff the value of the benefits of Plaintiff's placement of Paul Cahn. 33. Due to Defendant's aforementioned unjust enrichment at Plaintiff's expense, Defendant is obligated to pay Plaintiff, $11,000.00, together with interest accrued at the legal rate. 6 WHEREFORE, Plaintiff, Sill Technical Associates, Inc., respectfully requests this honorable Court to enter judgment in its favor and against Defendant, Anderson Electronics, Inc., in an amount not less than $11,000.00, plus accrued interest at the legal rate, and any other fees and costs that the Court may deem appropriate or to which Plaintiff may be entitled as a matter of law, an amount that does not exceed the jurisdictional amount for compulsory arbitration, in accordance with local rule. Dated: a? Respectfully submitted DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 7 SILL TECHNICAL ASSOCIATES, INC. Plaintiff V. ANDERSON ELECTRONICS, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO: CIVIL TERM VERIFICATION SILL TECHNICAL ASSOCIATES, INC., Plaintiff in this action, hereby states that the statements of fact made in the foregoing COMPLAINT are true and correct to the best of its knowledge, information, and belief. The undersigned is authorized to provide this verification on behalf of SILL TECHNICAL ASSOCIATES, INC. and understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Z?j o Date: Darrell Sill ' c. a W a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03317 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILL TECHNICAL ASSOCIATES INC VS ANDERSON ELECTRONICS INC 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: ANDERSON ELECTRONICS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 23rd , 2008 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: So an ers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Th as Kline Dep Blair County 24.00 he ff of Cumberland County Postage 1.76 62.76 ? L?a? 06/23/2008 DOUGLAS LOVELACE JR Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Sill Technical Associates Inc v5. Anderson Electronics Inc 08-3317 civil No. Now, May 30, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of . Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20, 20 , at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA HATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT BLAIR COUNTY, PENNSYLVANIA COURTHOUSE, HOLLIDAYSBURG, PA. 16648 INSTRUCTIONS: SHERIFF SERVICE ? PROCESS RECEIPT, and AFFIDAVIT OF RETURN print legibly, insuring readability of all copies. DO not detach any copies. BCSD ENV./ 1. PLAINTIFF / S 2. COURT NUMBER bps- 317 0 1(RT -6Ff' 3. DEFENDANT / S 4. TAE OF WRIT OR COMPLAINT E O DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OA SOLO. SERVE 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC.. TO SERVIC 6. ADDRESS (Street or RFD. Apartmen N City, Boro,.. State an IP Code) AT 7. INDICATE UNUSUAL SERVICE: ERSONAL PERSON IN CHARGE []DEPUTIZE CERT. MAIL ?R STI 'RED MAIL POSTED QOTHEA NOW, , I, SHE IFF OF BLAIR , COUNTY, PA., do hereby deputize the Sheriff of - County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF BLAIR COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same Without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any pfainfiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof. 9 SIGNATURE of ATTORN Y or of er Q IGIN eouesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE yy?? /`-•V•PLAtNTIFF ODEFENDANT SP CE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknovAed a rece,ot of the in StGNAp_[? Tj?REAutr rQiCSD Deput or Clerk and Title I 13. /Date Received I 14. Ezpi(r)?on/Hear date 12, or complaint as :ndicated abowve. d RYA ?"? `r ?? 15 1 Hereby CERTIFY and RETURN that I ?have personally served. gave served person in charge, -3 have fecal evidence of service as shown in "Remarks" (on reverse) nave posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual. company. corooralior. etc . at the address inserted below by hand ing/or Posting a TRUE and ATTESTED COPY thereof. 16. UI hereby certify and return a NOT FOUND because I am unable to locate the md-vidual. company, corporation. etc., named above. (See remarks below) 17. Name and title of -ndividual served r 18. A person of suitable age and discretion Read Order ?w ` _ • L / A then residing in the defendant's usual place a n .. i r. d .wn d.0.f-\- of abode. R ( J .l din -1,% o J_.1 - -- - 19. Address of where served (complete only if different Than shown abov (Street or RFD. Aoartmnnt No.. City. Borg. Two.. 20. Date of Service 21. Time State and ZIP Code) 00/10/filf 0 Sum, 22. ATTEMPTS I Date Miles Dep. I. Date Miles Dep. Int. Date • es I Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. 23. Advance Costs 424 25 2 27. Total Costs ?©n 28. AYE-9RU D Q 30. REMARKS Timothy J. Susengill, Notary P iD SO ANSWER. O AFFIRMED and st bscr,had r r v'r thl^ By (Shertfl/ .Sheriff) (Please Print or Type) Date rer, ylvania A V;,7 I D4 day of Date ?. Signature of rift L? r -? NOTARY PUBLIC SHE F OF BLAIR COUNTY MY COMMISSION EXPIRES r -- 39. Date Received I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATUR OF AUTHORIZED ISSUING AUTHORITY AND TITLE. JIMMIFF S rj j $40N M 2MVICE ( ) (t) The within upon the within named defendant by mailing to by return receipt requested, postage prepaid the a true and attested copy thereof at The return receipt signed by defendant on the is hereto attached and made part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (t) (2), by mailing a true and attested copy thereof at in the following manner. (a) To the defendant by ( ) registered ( ) certified postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, Authorities that defendant refused to accept the same. is attached hereto and made part of this return. ( ) (b) mail, return receipt requested, but with a notation by the Postal The returned receipt and envelope And thereafter: To the defendant by ordinary mail addressed to defendant at same address. return address of the Sheriff appearing thereon. on the I further certify that after fifteen (15 ) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in a daily publication of general circulation in the County of Blair Commonwealth of Pennsylvania, time (s) with publication appearing The affidavit from said publication is hereto attached. ( ) (4 ) By mailing to by mail, `return'receipt requested, postage prepaid. on the a true and attested copy thereof at The returned by the Postal Authorities marked is hereto attached. t ) (5 ) Other with the } 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILL TECHNICAL ASSOCIATES, INC., CIVIL ACTION - IN LAW Plaintiff, NO: 08-3317 CIVIL TERM V. ANDERSON ELECTRONICS, INC., PRELIMINARY OBJECTIONS Defendant. Filed on behalf of the Defendant, Anderson Electronics, Inc. Counsel of Record for this Party: {21139.02/408099:} K. Bradley Mellor, Esquire PA I.D. #61363 Steven P. Engel, Esquire PA I.D. #74524 Ross A. Giorgianni, Esquire PA I.D. #82076 BLUMLING & GUSKY, LLP Firm #458 1200 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 227-2500 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILL TECHNICAL ASSOCIATES, INC., Plaintiff, CIVIL ACTION - IN LAW NO: 08-3317 CIVIL TERM V. ANDERSON ELECTRONICS, INC., Defendant. PRELIMINARY OBJECTIONS NOW COMES Defendant, Anderson Electronics, Inc., by and through its undersigned counsel, Blumling & Gusky, LLP, and files the following Preliminary Objections to Plaintiff s Complaint: 1. Pennsylvania Rule of Civil Procedure 1028(a)(2) authorizes the filing of Preliminary Objections to a Complaint which fails to conform with applicable law or rules of court. 2. Pennsylvania Rule of Civil Procedure 1019(h) and (i) require that where Plaintiff asserts a claim based upon an alleged agreement, Plaintiff s Complaint must state specifically whether the agreement is written or oral, and if the agreement is written, Plaintiff must attach a copy of the writing or explain why a copy is not accessible. 3. Throughout its Complaint in this case, including Paragraph 8 thereof, Plaintiff asserts vague allegations concerning an agreement between the parties. {21139.02/408099: } i 4. In contradiction of Pa.R.C.P. 1019, however, nowhere in its Complaint does Plaintiff state whether the alleged agreement is oral or written. Further, no copy of any agreement is attached to Plaintiffs Complaint. 5. Accordingly, Plaintiffs Complaint fails to comply with the applicable Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Anderson Electronics, Inc., respectfully requests that this Honorable Court dismiss Plaintiff s Complaint, or in the alternative, require Plaintiff to file an Amended Complaint in conformance with the applicable rules of court. Respectfully (21139.02/408099:) BLUMLINIGA GT)SIf YY, Y K. Bradley Mell , s re PA I.D. #6136 X Steven P. En 1, re PA I.D. #74 Ross A. Gi i, Esquire PA I.D. #8 76 Firm #458 1200 Koppers Building 436 7"` Avenue Pittsburgh, PA 15219 (412) 227-2500 Counsel for Defendant, Anderson Electronics, Inc. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILL TECHNICAL ASSOCIATES, INC., Plaintiff, CIVIL ACTION - IN LAW NO: 08-3317 CIVIL TERM V. ANDERSON ELECTRONICS, INC., Defendant. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRELIMINARY OBJECTIONS was served this / day of July, 2008, upon the following, by depositing the same in the United States Mail, First Class, Postage Pre-Paid: Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 T? t ,ice {21139.02/408099:} t? C= t y) L- A ?Cs -n cn DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 SILL TECHNICAL ASSOCIATES, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANDERSON ELECTRONICS, INC. Defendant : CIVIL ACTION - IN LAW : NO: 08-3317 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VMWrE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSES O SUS OBJECTIONS A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADAS O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA UN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 & 't ? > t /j, DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Dated: July 2008 Attorney for Plaintiff 2 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 170013 (717) 385-1866 SILL TECHNICAL ASSOCIATES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. ANDERSON ELECTRONICS, INC Defendant : CIVIL ACTION - IN LAW : NO: 08-3317 CIVIL TERM FIRST AMENDED COMPLAINT Plaintiff, Sill Technical Associates, Inc., by and through its undersigned attorney, Douglas C. Lovelace, Jr., Esquire, brings the following First Amended Complaint against Defendant, Anderson Electronics, Inc., and in support thereof respectfully represents as follows: Parties 1. Plaintiff, Sill Technical Associates, Inc., at all times material hereto, was and is a Pennsylvania Business Corporation with a principal place of business at Mechanicsburg, Cumberland County, Pennsylvania, performing employee placement services for other business entities. 2. The Defendant, Anderson Electronics, Inc. (hereafter Anderson), represents itself to be, and upon information and belief, is a Pennsylvania Business Corporation with a principal place of business located on Scotch Valley Road, Hollidaysburg, Blair County, Pennsylvania 16648. Jurisdiction and Venue 3. This honorable Court has jurisdiction over this matter and venue is proper in Cumberland County, in accordance with Pa. R.C.P. 1006, because the cause of action arose in Cumberland County where the parties entered into an agreement at Plaintiff's principal place of business in Mechanicsburg, Cumberland County, Pennsylvania, and from which, per the agreement between the parties, transactions and occurrences took place, to wit: Defendant requested that Plaintiff find a good sales representative with industry experience to run sales for Anderson Electronics, Inc. and manage the territory representatives; Plaintiff agreed to, and did, refer, recommend, and place Mr. Paul Cahn with Defendant; Defendant promised to pay Plaintiff a placement fee of $12,000.00 for such placement services, and Plaintiff contacted Paul Cahn about the possible position. Defendant paid Plaintiff, at Plaintiff's place of business in Mechanicsburg, Cumberland County, Pennsylvania, $1,000.00, as partial payment for the $12,000.00 Defendant promised to pay Plaintiff and otherwise acknowledged the aforesaid agreement between Defendant and Plaintiff. Plaintiff accomplished all tasks associated with meeting the terms of its agreement with Defendant at Plaintiff's place of business in Mechanicsburg, Cumberland County, Pennsylvania. Factual Allegations 4. From on or about March 21, 2007 until on or about September 15, 2007, Mr. Rodney Mills served as Anderson's Chief Executive Officer (hereafter CEO). 5. From on or about March 21, 2007 until on or about September 15, 2007, Mr. Rodney Mills, serving as Anderson's CEO, possessed and exercised authority to hire employees for Anderson. 2 6. From on or about March 21, 2007 until on or about September 15, 2007, Mr. Raymond Page served as an officer of Anderson. 7. On or about May 2, 2007, Rodney Mills, in his capacity as CEO of Anderson, contacted Plaintiff and asked Plaintiff to find a good sales representative with industry experience to run sales for Anderson Electronics, Inc. and manage the territory representatives. 8. On or about May 24, 2007, Defendant and Plaintiff agreed orally and in writing that Defendant would pay Plaintiff a flat fee of $12,000.00, if Plaintiff referred such an employee to Defendant, Defendant hired such an employee, and the employee remained employed by Defendant for at least thirty calendar days. A true and correct copy of the written agreement between Defendant and Plaintiff is attached hereto as "Exhibit A" and incorporated by reference herein. 9. On or about May 24, 2007 Plaintiff referred Mr. Paul Cahn to Anderson's CEO, Rodney Mills, in accordance with the agreement between Defendant and Plaintiff. 10. On June 18, 2007, Defendant's CEO, Rodney Mills, offered Paul Cahn the position of Vice President, Sales, with a beginning of employment date of July 2, 2007. 11. On June 20, 2007, Paul Cahn accepted the offer extended to him by Rodney Mills, Defendant's CEO. 12. Paul Cahn began work at Anderson on or about July 2, 2007 and remained employed by Anderson until on or about February 8, 2008, a period of over seven months. 13. Paul Cahn remained employed by Defendant for almost five months after Rodney Mills ceased serving as CEO of Anderson. 14. Paul Cahn left Anderson's employment on or about February 8, 2008, on his own initiative, because Anderson did not honor the bonus program that was a term of the employment agreement Mr. Cahn entered into with Anderson. 15. On June 27, 2007, Plaintiff billed Defendant for the agreed upon $12,000.00 placement fee, with $6,000.00 due by August 1, 2007 and the remaining $6,000.00 due on September 1, 2007. 16. On August 23, 2007, Defendant paid Plaintiff $1,000.00 of the $12,000.00 owed, explaining that the payment was not much but was a start and that next week should be a little better. 17. On September 7, Defendant again acknowledged Anderson's debt to Plaintiff, promised to work toward getting Plaintiff another payment soon, and thanked Plaintiff for its patience and extended terms. 18. Defendant has made no subsequent payments to Plaintiff, even though Plaintiff has made multiple demands upon Defendant for payment of the $11,000.00 balance owed by Defendant to Plaintiff. Count I Breach of Contract 19. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 18, inclusive, as fully as though the same were set forth herein at length. 20. On or about May 24, 2007, Defendant orally and in writing entered into an employee placement agreement with Plaintiff, by which Plaintiff would refer a prospective employee who is a good sales representative with industry experience to run sales for Anderson Electronics, Inc. and manage the territory representatives. In return for Plaintiffs services, Defendant agreed to pay Plaintiff a flat fee of $12,000.00, if Defendant hired the prospective employee referred by 4 Plaintiff, and if the employee remained employed by Defendant for a period of at least thirty calendar days. A true and correct copy of the written agreement between Defendant and Plaintiff is attached hereto as "Exhibit A" and incorporated herein by reference. 21. Plaintiff fully performed under the terms of the agreement by referring Paul Cahn, who Defendant hired, and who remained an employee of Defendant for over seven months. 22. Defendant partially performed under the terms of the agreement by paying Plaintiff only $1,000.00 of the $12,000.00 Defendant owed Plaintiff, under the terms of the agreement. 23. Defendant breached the terms of its agreement with Plaintiff by not paying the full $12,000.00 Defendant owed Plaintiff under the terms of the agreement and continues to owe Plaintiff $11,000.00, in accordance with the said agreement. 24. As a direct and proximate result of Defendant's breach of its agreement with Plaintiff, Plaintiff suffered damages in an amount not less that $11,000.00 plus interest and costs. WHEREFORE, Plaintiff, Sill, Technical Associates, Inc., respectfully requests this honorable Court enter judgment in its favor and against Defendant, Anderson Electronics, Inc., in an amount not less than $11,000.00 plus reasonable attorney fees, and any other costs and interest that the Court may deem appropriate or to which Plaintiff may be entitled as a matter of law, an amount that does not exceed the jurisdictional amount for compulsory arbitration, in accordance with local rule. Count H Unjust Enrichment In the event it is determined that no written or oral agreement existed in fact or law between Plaintiff and Defendant, as alleged in Count I, Plaintiff alleges as follows: 25. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 24, inclusive, as fully as though the same were set forth herein at length. 26. At all times material hereto, Defendant was aware that Plaintiff referred Paul Cahn for placement as an employee of Anderson Electronics, Inc., and that Plaintiff expected to be paid $12,000.00, if Defendant hired Mr. Cahn and employed him for at least thirty calendar days. 27. At all times material hereto, Defendant, with the aforesaid knowledge, permitted and encouraged Plaintiff to refer Paul Cahn for placement as an employee of Anderson Electronics, Inc. 28. After accepting Plaintiff s placement of Paul Cahn, employing Paul Cahn for over thirty calendar days, and paying Plaintiff only $1,000.00 for Plaintiff's placement of Paul Cahn, Defendant knew it was obligated to pay Plaintiff a balance of $11,000.00, but knowingly failed to do so. 29. By taking advantage of Plaintiff s referral of Paul Cahn, hiring Mr. Cahn, and employing him for over seven months, without paying Plaintiff $11,000.00 of the $12,000.00 placement fee, Defendant improperly received a benefit of at least $11,000.00, plus interest and, as a result, has been unjustly enriched at Plaintiff s expense. 30. Defendant knew he would realize the benefit of the amount of the aforementioned unpaid balance when he refused to pay Plaintiff the aforesaid $11,000.00 balance owed Plaintiff. 31. Notwithstanding Plaintiffs repeated demands for payment, Defendant continues to refuse to pay Plaintiff the $11,000.00 Defendant owes Plaintiff. 32. Acceptance and retention of the full benefits deriving from Plaintiffs placement of Paul Cahn with Anderson Electronics, Inc., without paying Plaintiff the $11,000.00 Defendant still owes Plaintiff, under the circumstances described in the foregoing paragraphs, would be inequitable unless Defendant pays Plaintiff the value of the benefits of Plaintiff s placement of Paul Cahn. 6 33. Due to Defendant's aforementioned unjust enrichment at Plaintiff's expense, Defendant is obligated to pay Plaintiff, $11,000.00, together with interest accrued at the legal rate. WHEREFORE, Plaintiff, Sill Technical Associates, Inc., respectfully requests this honorable Court to enter judgment in its favor and against Defendant, Anderson Electronics, Inc., in an amount not less than $11,000.00, plus accrued interest at the legal rate, assess all costs against Defendant, Anderson Electronics, Inc, and provide any other relief to Plaintiff that the Court may deem appropriate or to which Plaintiff may be entitled as a matter of law, an amount that does not exceed the jurisdictional amount for compulsory arbitration, in accordance with local rule. Respec ly submi DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Dated: July gQ, 2008 7 Page 1 of 1 EXHIBIT A Subj RE: Ybit Date: 5/2/200710:42:10 AM Easter Daylight Time From: RMiIIsMDCOQMP.CQM To. X1111 baol.com Darrell, We'll see this Friday on Len. At Anderson, I am looking for a good sales professional with industry experience to run sales and manage the territory reps. This needs to be kept on the up and up but l would like to get someone in there that can run the show. General Manager or President. They would need good sales and engineering backgrounds. I'm drawing a blank right now but the guy that we had come out from Kansas City was perfect for this job. Also, an engineer or two. Call me if you want to talk. I will be in the office all day. Rodney l n: DsIffl ,l.com Cnalrro:Dsilil@eDt.com] Swft Wednesday, May 02, 2007 6:24 AM To: Rodney Mllls Subject: Visit Rodney: Glad Len Goss is visiting on Friday -You will., like him. He has a lotto offer. I wanted to know if you need any help at Anderson Electronics in PA.I know a lot of people on the east coast. Darrell See what's free at AOL_com. EXHIBIT A Tuesdav. Mav 22.2007 A irs Onli T44114 Page 1 of SubJ: RE: Propoeition Date: 5/24/20071:53:16 PM Eastern Daylight Time From: RMiIIsIVFNfDCQMP_CUM. To Dsiil1 aol.com Kinda makes sense. I would always keep candidates confidential. I would expect you would not recruit my guys. If you bring someone to the table, you get the fee unless we are already in talks with that person. We are not in talks with anybody at this time so bring it on. Now - about the fee, we have had previous discussions about a flat $12K and this is the assumption I have been operating on. Rodney _......... , _...... ... IFimm DslN1diaol.6com [mailto Dsilil@aol.com] Sit:' Thursday, May 24, 2007 9:44 AM To:ftdney -Mills StIb : Proposition Rodney: I have been in the Crystal industry for over 20 years,and know most of the people still in the business:Aiso, most of the people in the business know each other and so on..... Aft of that being said, my business philosophy is that if 1 send a compeny a'resume that they don't have,and indicate that the person is actively on ft, job market - ~ if that cony might know of the, - I am due a fee based on tho'b!ut for" rule.The male being: #tatt "but for" m lrwGivemorit,the oonVanywould not know thwoondktaft is ac: ely looking lbr a now opportunity ',and tlhocefore raot the chance to hrt0tview and hire the candidate.The exception,of courrae3s if the candidate contaots the-bornpany directly looking for a new position. Now,the reason I went thru all of this is because thise;very situation has presented it'seif.l. contacted an Engineer from the Cryst&WOscillator industry about ibfe opportsunlt*.There is a chance that you might know this Engineer, but he wants to go thru a third-party rbpresenta5;ve like myseif` in order to insure total oonftdenoe,,and to not start a "range war" -that is,not to have one OEC yelling another CEt3 to oompleln about °raiding" his companies professional staff. In the Crystal industry,company officers have, in the past; gotten into 60" ugly situations over "stealing"experlenced talent - .es dally with the shrinking pool of gbod talent still in the business. To make along story short,this Engineer wants me to represent him,and even if you know of hirnj am due a fee-4f you hire him. This is the understanding that l have with all of the Crystal/Oscillator companies that I do business with. This understanding goes hand-in-hand with promise that t don't recruit people from the companies where I place people. If any of this makes setase,arnd you want to look at this Engineer's resume(bosed on the conditions outlined above), let me know. Darrell Page 1 of 1 Subj: RF- Date: 544=07 11:44:15 AM Eastern Daylight Tithe From: f_NMsdMMQCOMP.COM To: Dsi119 aolcom Darrell, Sorry for the delay. After further talks with my personnel, we have decided not to go with Len, Dore, I feel will have the same issues as Len. He appears to be on the verge of retirement. Paul -1 would like to arrange for a conference call mid next week with him and my CFO. At that point we will decide where to meet with him, in PA or CA. We have several ops for Paul: Let me know any questions. Rodney Frow D016aol.corn [nwflta:Dsilli@aol.com] SOO Mon day, May 21, 2007 5:39 AM Tv: h Mks *9404• bus Rodney: Where do we stand on these candidates: Paul Cahn - do you plan to meet with Paul in Hollidaysburg after Memorial Day?tie can meet you anytime that is rood "for you. Len Goss Any more thinking on the one year proposal from Len? Don Thomann - Sr Oscillator Design Engineer - still a candidate for Hollidaysburg? Darrell See what's free at AOL.com. Tiipwinv Tv av 74 ')ffl7 Amarion (lnlino Tlcilll Page 1 cat Subj: - RE: $%tas Debt. 5/2412007 11:44:15 AM Eastern Daylight Time From: Rlbiilis iAt MDCOAi1P COM To: Dsill'1: aol,aom .Darrell, Sorry for the delay. After further talks with my personnel, we have decided not to go with Len. Don, I feel will have the same issues as Len. He appears to be on the verge' of retirement. Paul - I would like to arrange for a conference call mid next week With him and my CFO. At that point we will decide where to meet with him, in PA or CA. We have several ops for Paul. 'L`et me know any questions. Rodney From: DslN3*aoi com (mailto:Dsilll@aol.comJ S Monday, May 21, 2007 5.39 AM Tw Rodney Mills A'V4.. Status l? Rodney: Where do we stand on these candidates: Paul Cahn - do you plan to meet with Paul in Hoilldays#urg after Memorial Day?He can meet you anytime that is good for you. N Len Goss Any more thinking on the one year proposal from Len? Don Thomann - Sr:Oscilletor Design engineer - stilt a candidate forHollidaysburg? Darrell See what's free at AOL.com. T„eaA-Qv Moir 2Q 7nA7 A v"a.*:... Page 1 of 1 Subj: Rat. Vie# Date: 5110M07 9:51:53 AM Eastern Daylight Time From: Dsili1_ To: RMitistMMDCOMP.COM Rodney: I heard from Paul Cahn last night,and he said you and he had a good conversalllon,and he Is very interested in your plans for Anderson. Paul is a sharp young professional that pays attention to detaits,and is alsoable to analyze the big picture.Good man. As far as Don Thomann,Sr Design Engineer, again his cell number is: 618-218-9206 I told him that you want to call'him,and he wants to talk to you. If that has changed, let me know. Darnell See what's free at A4L.com. Mom, May 14.2007 A ericA O- Minp-, Dv;111 F - Page` i of l Subj: RIE: Visit Date: 5/12LlQ7 10:15:01 AM Eastern Daylight Time Froth: RNftQMMDCOMP.COM ? . To: Dsiill aol.com ,y/j Darrell, Regarding Len - I liked Len but the consensus is that he is not a good fit for our organization (even at the price). They feel he is a little set in his ways and won't work well with our current engineer. We are going to pass at this point. Yes - I talked to Paul and will hope to meet him in PA around the first week of June. 1lVill keep you posted. Don - I left a message for him last night. No return call yet. Rodney From- DsiMl .oam [maitto:Dsilll@aol.com] MOM 'ifiuMday, ray 10, 2007 5:52 AM Subjeft. Re: Vlslt Rodney: I heard ftm Pau Cahn last night,and he said you and he had a good convwwtion,and he is very interested in y 'p*wfqr?ftJPsul is a sharp young professional that pays attention to details,and is also able to arse the lo1#ure.Good man. As far as Don Thomann,Sr Design Engineer, again his call number is. 61,8-218-9206 1 to hlrn tt you went to call him,and he wants to talk to you. If that has ehanged,letme know. See what's free atAOL.com. M ,c , May 14,, 200.7 .mom Onliaw: LW141 rdoto Page 1 of 1 From: Rodney Nils <RMWsQMMDCOMP.COM> ? To: Ds*I*" com Subject: RE: Pablo Date: Tue, 31 Jul 2007 11:37 am Darrell,_._ ?. T..._. I was thinking about moving on Pablo soon. I wanted to call him and talk to him a little more about the things l am looking for. I was out yesterday and Anjanette said you were calling. The invoice for Paul is at Anderson since we hired him there. Ray handles all payments out of Anderson. Ray was out last week and this week, returning next Monday. He is in Mexico and is not communicating during his vacation. I don't blame him. You need to wait till Monday for an answer on this. Hopefully you can be patient. Rodney From: Dsilll Lcom mailto:DsJ#! aoLcom] Sa?ft, Amt, .may 30, 2007 1:16 PM To Apd yI Subject. Pablo Rodney: Any movers nt tin the slituation with Pablo? Darrell Geta sneak peek of the all-new AOL.com. D ?jrf Al http:// bnURAWL,Gow/2 7/` [ol/,en- 1.4Mail/p,,riritMe-,Qmsta, ?cr+x 0 tc/11 n1117 Page 1 of 1 Subj: RE:1pve ce # 214 Vie: 9114rX*7 2:08:29 P.M. Eastem Daylight Time From: RP"O@MMDC0MP.COM To: Dsill l O com CC: F_Mills' MMDCOMP.COM Darrell, i got your message. I did see your revised Invoice. Thanks. I am going to have to work your raqukt to ft cash plan at Anderson. Currently, cash is so tight, I can't pay yku yt# #ft *oek. We will be tight until we close the purchase on t 1 tom. I will try 1o get y wpartial payment next week-and will kW you updated as we progress. PWj,W4*e ?. we work toward finapzing.4ile won and work twwards buil" r a sidatlnn. best as9ured't we are not going anyxrhere a tFirat you will be paid. Regards, Ray, Page Anderson Electronics. ----- (MOW ----- R 100oom [Taft:Dsilllr of com) $lemk: S^wO*y, Aii st 11, 2007 9:43 AM To: Ray Poo Sld*ct. Ndl.- Invoice # 214 Ray: Did you receive the revised invoice ok ? Darrell Gist ,a s#rIC peek of the all-new AOL.com. 0 / Tues&v_ Aumist 14, 7W7 ACTT . (kuwt Page Iof I Darrell I got your message. I did see your revised invoice. Thanks. I am going to have to work your requirement into the cash plan at Anderson. Currently, cash is so tight, I can't pay you anything this week. We will be tight until we close the purchase on Sept 10th. I will try to get you a partial payment next week and will keep you updated as we progress: Please be patient as we work toward finalizing this acquisition and work towards building a strong business foundation. Rest assured that we are not going anywhere and that you will be paid. Regards, Ray Page Anderson Electronics. -----Original Message----- From: Dsilll@aol.com [mailto:Dsilll@aol.com] Seat: Saturday, August 11, 2007 9:43 AM To: Ray Page Subject: Fwd: Invoice # 214 Ray: Did you receive the revised invoice ok ? Darrell Get a sneak peek of the all-new AO?L.com. fi1P //( \T?nnnmPntc and QRttinac\C'mmnnn Ownnr\Mv T)n(-.iimP.ntc\C 1iP.nt Fib-.c\Cill Ter.hnin. 7/1400OR Page 1 of I Hi Darrell, We squeaked $1 k out. Check #15240 was cut and mailed 8/23/07. Not much, but it's a start. Next week should be a little better. Thanks again for working with me. Regards, Ray -----Original Message----- Froon:'Dsiffl@aol.com [maiito:Dsilll_@aol.com] Sent: Thursday, August 23, 2007 4:07 AM To. Ray Page SuijOCt: Re: Invoice # 214 Ray: Any progress on a partial payment? Darrell Get a sneak peek of the all-new AOL.com. file- /f('-1T?nc???mentc an(i Qi-,ttlnl7CAC.()mngn Owner\Mv T)nnnment.c\C1iP.nt Files\Qill Terhnir 7/19/'?OnR Page 1 of 1 Darrell, Here's an .update. The closing of the Anderson deal has been pushed back to Oct 10th due to some delays with the State of PA. The current cash flow situation at Anderson is horrible. I will work toward getting you another payment soon. I appreciate your patience and your extended terms. Reprds, Ray ----- Original Message----- From: Dsilli@aol.com [mailto:Dsilli@aol.com] Sett: Friday, September 07, 200710:36 AM To: Ray Page Cc: Rodney Mitts Subject. Re: Invoice # 214 Ray: Anderson Electronics still owes Sill Technical Assoc.,lnc. $11,720.00 which is past due. I am trying to be patient because of your situation, but I have biltsto pay also. Since YOU are closing the deal on Anderson on Sept. 10, 1 will expect full payment by the end of September. Darrell Get a sneak peek of the all-new AOL.com. fi1P J/! \Tlnri?mc?ntc and SPttinvc\Cmmnnn (-lwnPr\Mv ThnriimPntc\C iPnt Fih-z\Cill TPrhnir 7/14/1008 SILL TECHNICAL ASSOCIATES, INC. Plaintiff v. ANDERSON ELECTRONICS, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW . NO: CIVIL TERM VERIFICATION SILL TECHNICAL ASSOCIATES, INC., Plaintiff in this action, hereby states that the statements of fact made in the foregoing FIRST AMENDED COMPLAINT are true and correct to the best of its knowledge, information, and belief. The undersigned is authorized to provide this verification on behalf of SILL TECHNICAL ASSOCIATES, INC. and understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: July p", 2008 If WCO LD Sill SILL TECHNICAL ASSOCIATES, INC. Plaintiff V. ANDERSON ELECTRONICS, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO: 08-3317 CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on July , 2008, I served a true and correct copy of the foregoing First Amended Complaint upon the below named individuals by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: K. Bradley Mellor, Esquire Blumbling & Gusky, LLP 436 7" Avenue Pittsburgh, PA 15219 / -WI. Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff t`) N t7 F r rv ? ?? r C f-_ ` SILL TECHNICAL, ASSOCIATES, INC. Plaintiff V. ANDERSON ELECTRONICS, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO: 08-3317 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END CIVIL ACTION To the Prothonotary: Kindly mark this action settled, discontinued and ended. Date: ?vlq aZ/ Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Counsel for Plaintiff C) ' ° p c cm tom.: CJ ri ? ' ?