HomeMy WebLinkAbout09-7106e&e IT Consulting Services, Inc. . IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
Medipix Productions, LLC NO. U ' 71
Defendant
NOTICE
TO: Larry Testa, President/Executive Producer
Medipix Productions, LLC
2 Research Way - 3`d Floor
Princeton, NJ 08540
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, PA 17013
(717) 249-3166
e&e IT Consulting Services, Inc. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
Medipix Productions, LLC NO. 19- IIN
Defendant
COMPLAINT
AND NOW, this 16'' day of October 2009, comes the Plaintiff, a&e IT Consulting
Services, Inc., by its attorneys Ball, Murren & Connell and files this Complaint the statement of
which is as follows:
1. Plaintiff, e&e IT Consulting Services, Inc., is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania with its place of
business located at 2010 State Road, Suite 100, Camp Hill, Pennsylvania.
2. Defendant, Medipix Productions, LLC, has a place of business at 2 Research
Way, 3`d Floor, Princeton, New Jersey.
3. Plaintiff is in the business of professional information technology including
consulting; providing technical personnel assignments to include consulting relating
to the computer and information technology services; and services relating to
contract systems and programming.
4. On or about February 9, 2009, Plaintiff and Defendant entered into a Master
Agreement a copy of which is attached hereto as Exhibit "A" pursuant to which
Plaintiff agreed to provide technology personnel to perform systems and
programming tasks as required and directed by defendant, in consideration of
Defendant's agreement to pay Plaintiff for the value of the services.
5. Paragraph XXI of the Master Agreement provides that the parties submit to
jurisdiction and venue in the Court of Common Pleas of Cumberland County.
6. Plaintiff did in fact provide the agreed upon services to Defendant for a period
up to and including March 27, 2009. Copies of the invoices evidencing the services
rendered are attached as Exhibit "B" and Exhibit "C".
7. The services rendered by Plaintiff to Defendant were at all times proper,
satisfactory and consistent with and in performance of the agreement between the
parties.
8. Plaintiff forwarded two invoices dated March 6, 2009 (Invoice Number
209325) attached as Exhibit "B" and April 1, 2009 (Invoice Number 309325)
attached as Exhibit "C".
9. By check dated May 19, 2009, Defendant made a payment of Three Thousand
($3,000.00) Dollars in partial satisfaction of the March 6, 2009 invoice.
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10. Defendant has since May 19, 2009 stopped making payment to Plaintiff and
owes Plaintiff $26,073.00 for the services rendered. Despite repeated demands,
Defendant has failed and refused to pay this amount.
11. Defendant's failure to pay the $26,073.00 owed is a material breach of the
agreement between Plaintiff and Defendant.
12. Defendant's breach has caused Plaintiff injury in the amount of $26,073.00.
WHEREFORE, Plaintiff, a&e IT Consulting Services, Inc., demands judgment against
Defendant, Medipix Productions, LLC, in the amount of $26,073.00, together with costs and
interest from the date of demand, being the date when the invoices were mailed to the Defendant.
Respectfully Submitted,
BALL, MURREN & CONNELL
c
BY Q' "ff 0
Richard E. Conne , Esquire
I.D. # 21542
2303 Market Street
Camp Hill, PA 17011
(717) 232-8731
Attorney for Plaintiff
Date UC1`6 Jar` /(9 1 aDo
3
EXHIBIT A
02/09/2009 14:49 FAX 6099519201 MEDIPIX 2002
IT Consulting Services, Inc.
Master Agreement
This agreement made this 9th day of February,2009 by and between e & e
IT Consulting Services, Inc., a Pennsylvania corporation, hereinafter
referred to as "e & e", and Medipix Productions 2 Research Way 3rd Floor,
Princeton, NJ 08540, hereinafter referred to as "Medipix Productions".
WHEREAS, e & e is duly engaged in the Professional Information Technology
Services Business, including consulting, contract systems and programming,
technical personnel assignments, including consulting facets of the computer
and Information Technology services industries;
WHEREAS, Medipix Productions desires to retain e & e and e & e wishes to
be retained under the terms, covenants, and conditions hereinafter set forth
bye&e;
NOW, FOR the reasons set forth above and in consideration of the mutual
promises and agreements hereinafter set forth, Medipix Productions and e &
e mutually understand and agree hereto as follows:
1. SCOPE OF SERVICE
e & e will provide qualified information technology personnel to perform
systems and programming tasks as required and directed by Medipix
Productions.
II. ASSIGNED EMPLOYEES
e & e personnel will be and will remain at all times during such assignments,
employees of e & e. e & e will be solely responsible for the payments of
wages, salaries, and other amounts due its employees in connection with
this agreement and shall be responsible for all reports and obligations with
respect to relating to social security, income tax, unemployment withholding
compensation, workmens compensation and similar matters.
III. WORKING ARRANGEMENTS
Medipix Productions shall provide work space, computer machine time,
security arrangements and materials necessary in conjunction with the
fulfillment of work arrangements.
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02/09/2009 14:49 FAX 6099519201 MEDIPIX Q003
Medipix Productions shall have direct supervision over the assignment
activities of e & e employees, unless otherwise specified in SCOPE OF
SERVICE.
Medipix Productions should specify a specific interface person to coordinate
both administrative and technical matters prior to the beginning of an
assignment.
IV. TIME ACCOUNTING AND INVOICES
e & e personnel will complete weekly time sheets for both management and
the Client records.
A. RATES
1. Hourly rates are quoted on an individual basis depending on
the scope of the assignment and the individual skills required to
fulfill the SCOPE OF SERVICE.
2. Hourly rates are quoted exclusive of any sales tax. Any taxes
levied as a result of e & & s services are the responsibility of
Medipix Productions and will be so indicated on the invoice.
3. Thirty (30) days written notice will be given prior to any rate
increases.
4. Any overtime authorized by Medipix Productions will be
invoiced at the same hourly rate as regular time.
5. In the event e & e personnel arrive at Medipix Productions's
site to begin a scheduled assignment and find that work tasks
have been cancelled or delayed, e & e reserves the right to
invoice Medipix Productions eight (8) hours show up time for
each person scheduled. To reschedule an assignment day, e &
e requires 48 hours notice.
B. EXPENSES
1. Expenses as detailed below will be recorded daily by e & e
personnel and included with statements for services.
2. If free parking is not available, Medipix Productions will be
charged at a monthly or daily rate, whichever is applicable.
3. e & e' s standard policy is to bill for mileage only when the
mileage between the employee's home and Medipix
Productions's site exceeds the mileage between the employees
2
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02/09/2009 14:50 FAX 6099519201 NEDIFIX Q 004
home and e & e' s closest office. Then, only the excess will be
billed. The mileage is billable at the rate allowed by the U.S.
Internal Revenue Service.
4. Any other expenses authorized by Medipix Productions to
complete the assignment are billable.
C. PAYMENT TERMS
1. e & e will submit, on a monthly basis, invoices for services
rendered. Medipix Productions should pay such invoices within
fifteen (30) days of receipt.
V. DURATION OF SERVICE
The duration of e & e' s involvement will be determined by Medipix
Productions's requirements. Each work assignment made will specify a
period of lineal performance for each individual to be provided by e & e.
The minimum period of lineal performance for each individual will be one (1)
calendar month unless otherwise specified in writing and acceptable to both
parties.
VI. CONTINUATION OF SERVICES
Upon notification of extension by Medipix Productions to e & e, at least
thirty (30) days prior to the expiration of an assignment of any individual, e
& e will continue the assignment of that individual to Medipix Productions for
a period to be agreed upon. The time shall be extended for a minimum of
one (1) calendar month or any multiple of calendar months.
VII. REDUCTION OF SERVICES
Upon written notification by Medipix Productions to e & e at least thirty (30)
days prior to desired termination date, Medipix Productions may request a
reduction in the specified period of lineal performance. Such a reduction will
not reduce specified period of lineal performance to less than one (1) month.
VIII. RECIPROCITY OF EMPLOYEES
1. Medipix Productions agrees that it will not actively solicit for hire
the employees of e & e while such employees are performing
work for Medipix Productions under any work assignment nor for
ninety (90) days after assignment completion, unless e & e
management has advised Medipix Productions in writing that
certain individuals may be extended job offers.
2. e & e agrees that it will not actively solicit for hire the
employees of Medipix Productions for a period of ninety (90)
(07--
02/09/2009 14:50 FAX 6099519201 NEDIPIX lx 005
days after completion of the work assignment, unless written
approval is obtained from Medipix Productions.
3. Medipix Productions agrees not to retain the services of a former
e & e employee assigned to Medipix Productions's work efforts,
under another contract work order for a. period of ninety (90)
days from that individual's last day of assignment at Medipix
Productions's environment.
IX. PATENTS AND INVENTIONS
In the event any patent or invention results from the performance of service
rendered by its personnel, e & e agrees that such patent or invention
therefrom will be Medipix Productions's sole property, unless otherwise
specified in writing.
X. CONFIDENTIAL INFORMATION
e & e and its employees will treat all information and work products relating
to assignments as secret and confidential when so identified by Medipix
Productions.
XI. EEOC
e & e pledges to strive to eliminate discrimination in employment.
Assignments will be made solely on the basis of qualifications without regard
to race, color, creed, national origin, age or sex.
XII. INSURANCE
e & e maintains adequate workmens compensation for each staff member in
accordance with state requirements. e & e also carries comprehensive
liability for each person.
XIII. REPLACEMENT
e & e reserves the right to replace individual staff members assigned to
Medipix Productions when necessary. When replacement is necessary, the
rate will remain the same and an equally qualified staff member will be
substituted. e & e will inform Medipix Productions of such replacement and
Medipix Productions management can interview for qualifications. If a
suitable replacement cannot be identified within thirty (30) days, Medipix
Productions has the option of an alternate labor source.
XIV. RECORDS
e & e agrees to maintain records and other evidence pertaining to the costs
and expenses associated with the agreement to the extent and in such detail
as will properly reflect all direct associated costs for which reimbursement is
claimed under the provisions of this agreement.
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02/09/2009 14:51 FAX 6099519201 MEDIPIX (a 006
XV. CHANGES OF AMENDMENT
The terms and conditions of this agreement may not be varied or amended
except by an instrument in writing executed concurrently with or subsequent
to the execution of this agreement and signed on behalf of Medipix
Productions and e & e by duly authorized persons respectively thereunto.
XVI. TERMINATION
Either party can terminate this agreement at any time prior to the specified
period of lineal performance. Such termination is to take effect thirty (30)
days following written receipt of termination notice.
XVII. RIGHTS/ REMEDIES
All rights and remedies hereunder are cumulative and not exclusive.
XVIII. CONFLICT
If any provision herein is in conflict with any statute or rule of law, then such
provision will be deemed inoperative to the extent that it may conflict
therewith and will be deemed to be modified so as to conform with any
statute or rule of law.
XIX. SEVERABILITY
If any term or condition of this agreement or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
terms, conditions, or applications of this agreement.
XX. WAIVER
No term or condition of this agreement will be modified or deleted except by
a written instrument signed by the parties hereto. Waiver of any breach of
any term or condition of this agreement will not be deemed a waiver of any
prior or subsequent breach.
XXI. APPLICABLE LAW
This agreement is made under and shall be constructed according to the
laws of the State of Pennsylvania. Both parties hereby submit to the
jurisdiction of the court of common pleas of Cumberland County. Any action
filed with respect to this agreement shall be filed in said court.
e & e IT Consulting Services, Inc. Client
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By
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02/09/2009 14:51 FAX 6099519201 NEDIPIX la 007
Title
Title
Date Date
1;?
EXHIBIT B
IT Consulting Services, Inc.
2010 State Road, Suite 100
Camp Hill, PA 17011
(717) 975-1664 fax (717) 975-1665
ene-it-consulting.com
Bill To:
Windy Treese
Medipix Productions
2 Research Way, 3rd Floor
Princeton, NJ 08540
INVOICE # 209325
Date: 3/6/2009
Medipix Productions N/A 2/1/09 - 2/28/09 Net 30 Days
Russell Walters
Chris Spadaro
145.00 $58.00 $8,410.00
48.00 $59.00 $2,832.00
Item Total:
$11,242.00
Expenses: $0.00
Invoice Total: $11,242.00
For proper reporting of our fees, our Federal Tax ID is 11-3646056.
EXHIBIT C
ee
IT Consulting Services, Inc.
2010 State Road, Suite 100
Camp Hill, PA 17011
(717) 975-1664 fax (717) 975-1665
ene-it-consulting.com
INVOICE #
Date:
Bill To:
Windy Treese
Medipix Productions
2 Research Way, 3rd Floor
Princeton, NJ 08540
164.00 $58.00 $9,512.00
141.00 $59.00 $8,319.00
Medipix Productions N/A 3/1/09 - 3/31/2009 Net 30 Days
Russell Walters
Chris Spadaro
Item Total:
309325
4/1/2009
$17,831.00
Expenses: $0.00
Invoice Total: $17,831.00
For proper reporting of our fees, our Federal Tax ID is 11-3646056.
VERIFICATION
I, Tracy D. Etter, Secretary/Treasurer, a&e IT Consulting Services, Inc., being duly
authorized to do so, verify that the statements in the foregoing document are true and correct. I
understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating
to unworn falsification to authorities.
Dated pC3,_8r3?^n 9 \WL A 4-?
?Tracy D. Etter
Secretary/Treasurer
e&e IT Consulting Services, Inc.
Sworn to and subscribed
ela-
before T:is day
of er , 2009.
Expires: 17"-c- '1/1 2.011
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