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Home My WebLink About09-8575IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA iBUSINESS SOLUTION, LLC, Plaintiff v. (7ic No. t EASTERN SYSTEMS MANAGEMENT, INC Defendant NOTICE CIVIL ACTION - LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (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 defensas o sus objeciones 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 cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO 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, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA iBUSINESS SOLUTION, LLC, No. Plaintiff V. CIVIL ACTION - LAW EASTERN SYSTEMS MANAGEMENT, INC Defendant COMPLAINT AND NOW, comes Plaintiff, iBusiness Solution, LLC, by and through its attorney, Sean M. Shultz, Esquire, to file a Complaint, in support of which the following statements are made: 1. Plaintiff is iBusiness Solution, LLC, a Pennsylvania limited liability company, with a business office located at 5000 Lenker Street, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Eastern Systems Management, Inc., a Pennsylvania corporation, with a business office located at 1860 Charter Lane, Suite 207, Lancaster, Pennsylvania 17065. 3. By a Subcontractor Agreement dated April 20, 2009, ("the Agreement") accepted by Defendant, Plaintiff agreed to provide computer programming and IT consulting services to Defendant. Said Agreement is attached as Exhibit "A" and made a part hereof. 4. The Subcontractor Agreement stated that Defendant would pay compensation to Plaintiff for Plaintiff's services at the rate of $50.00 per hour. 5. The total amount owed to Plaintiff by Defendant is Seventeen Thousand Nine Dollars and Ten Cents ($17,009.10). A Statement dated October 31, 2009, is attached hereto as Exhibit "B" and made a part hereof. 6. On August 21, 2009 Plaintiff mailed a letter via certified mail to Defendant requesting payment. That letter was signed for on August 25, 2009. Said letter and Domestic Return Receipt are attached hereto as Exhibit "C" and made a part hereof. 7. On August 31, 2009, a letter was sent to Defendant from Plaintiff's attorney, Theona Stefanis, Esquire, requesting payment. Said letter is attached hereto as Exhibit "D" and made a part hereof. 8. Defendant has failed to make any payments toward the amount owed. 9. Pursuant to Paragraph 10 of Exhibit "A", Defendant's breach of the Agreement entitles Plaintiff to recover damages, as alleged above, legal expenses, and attorneys' fees. WHEREFORE, the Plaintiff demands judgment in his favor and against Defendant for $17,009.10, plus filing costs, court costs, attorney's fees, and such other costs as the Court deems appropriate. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. 14 S /t, - Sean M. Shultz, Esquire Attorney ID No. 90946 ?J 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff Exhibit "A" SUBCONTRACTOR AGREL'MENT This Subcontractor Agreement (this "Agreement") is made effective as of April 20, 2009 by and between Eastern Systems Management Inc. ("ESMI") located at 1860 Charter Lana $u1ts 207 - Lather, PA 17605 EIN# 4//f a Pennsylvania corporation, and iBusiness Solution, LLC ("VEND"-) located at 5000 Lenker Street, Mechanicsburg, PA 17050 EIN 23-1852472 a Pennsylvania Corp 1. DESCRIPTION OF SERVICES. VENDOR agreed to provide the computer services as programming and IT consulting assigned by ESMI. These services are to be performed at ESN's site location. CONSULTANT is defined as full time employee or 1099 contract employee or an employee of other company in the VENDOR's network, 2. PAYMENT FOR SERVICES. ESMI will pay compensation to VENDOR for the Services As per the Purchase Order for each CONSULTANT. Billable time is defined as, those hours actually worked, and does not include holidays, vacation and sick leave. 3. TERM/TERMINATION. Either party may terminate this Agreement by providing 2 weeks advance notice to the other party. 4. RELATIONSHIP OF PARTIES. It is understood by the parties that with respect to ESMI, VENDOR is an independent contractor and not an employee. ESMI will not provide fringe benefits, including health insurance benefits, paid vacation, sick leave, holiday pay or any other employee benefit, for the benefit of CONSULTANTS. 5. INSURANCE AND TAX. VENDOR acknowledges the obligation to obtain appropriate liability and worker's comp insurance coverage and agrees to maintain insurance and provide certificates in accordance with ESMI's insurance requirements for contractors, a copy of which is attached hereto and incorporated by reference. VENDOR will make payment of payroll taxes for its employees. VENDOR waives any rights to recovery from ESMI for any injuries than any employee of VENDOR or any CONSULTANT may sustain while performing services under this Agreement and that are a result of the negligence, willful conduct, violation of law, violation of ESMI's policies and procedures respecting security and safety and breach of this agreement by a CONSULTANT. VENDOR agrees to defend, indemnify and hold harmless ESMI and its affiliates and parents, together with their officers, directors, employees, shareholders and representatives ("ESMI Indemnitees") from any claims or losses of any nature arising from VENDOR's failure to maintain insurance as required hereunder or VENDOR's failure to make required payments to or on account of its employees or contractors . 6. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Work Product") developed in whole or in part by VENDOR in connection with the Services shall be the exclusive property of ESMI and its CLIENTS. Upon request, VENDOR shall sign all documents necessary to confirm or perfect the exclusive ownership of ESMI to the Work Product. 7. CONFIDENTIALITY. VENDOR will not at any time or in any manner, either directly or indirectly, use for the personal benefit of VENDOR or any CONSULTANT, or divulge, disclose, or communicate in any manner any information that is proprietary to ESMI. VENDOR will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, VENDOR will return to ESMI all records, notes, documentation and other items that were used, created, or controlled by VENDOR during the terra of this Agreement. 8. NON-HIRING AGREEMENT. ESMI CONSULTANTS directly or indirect{agrees not to solicit, hire or entice VENDORjs employees or contract without the y during the terms of this contract and written consent of VENDOR. '2 monk after the termination of . 9. Clause # 8 would survive after termination of this contract irrespective of cause of termination. 10. LITIGATION. Any dispute arising under this agreement shall be resolved by arbitration in acco rules of the American Arbitration Association then rdance with the agree. The arbitration shall be held in the Commonwealth of n Pennsylvania a or at such other as the may agree. Imes may p ace as the parties The prevailing party in any legal proceedin bro connection with this A g ught by one party against the other party and arising out of or in greement shall be entitled to recover its legal expenses, including arbitration costs and reasonable attorney's fees. 11. ENTIRE AGREEMENT. This Agreement contains the entire promises or conditions in any other agreement whether oral oreement of the parties, and there are no other written. 12. SEVERABILITY. If any provision of this A forceable for any reason, the remaining provisions shall continue two be valid enforceable. invalid this Agreement is invalid or unenforceable, but that If a eoor by limiting such provision it would bds that any Provision of enforceable, then such provision shall be deemed to be written, ccrostrued, as o valid and and enforced as so li limited. 13. APPLICABLE LAW, This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania Eastern Systems Management, Inc. Signature yam'-rittc Title 1 g , 1"4 $y: t -? Date:_ 42 j NAME. iausiness lution, LLC Signature Title President By: Date: '31 "} . Purchase Order Appendix to Subcontracting Agreement THIS PURCHASE ORDER is issued in accordance with SUBCONTRACTOR AGREEMENT dated April 20, 2009 between Eastern Systems Management, Inc with offices at 1860 Charter Lane Suite 207 . Lancaster, PA 17605 and iBusiness Solution, LLC with offices at 5000 Lenker Street, Mechanicsburg, PA 17050. Name of Contract Employee: Description of Duties of Contract Personnel: Start Date: End Date: Rate for Straight Time: Rate for Overtime Billing Procedure: Terms of Payment: Shashirekha Hiregoudar Sr. Microsoft.Net Consultant April 21, 2009 6 months plus S50/hr $50/hr By Monthly Net 15-30 days Signed: Eastern Systems Management Inc Signature ot-% i-? Sa?„ti?Ya11 Name: Title Signed, iBausin elution, LLC Signature Name: Pramod Srivastava Title President Date: -_?_t__?_?' Date: 4 2-i 2-ca 1 11 Note: iBusiness agreed has agreed for delayed payment to its first invoice of dated May 16`h. Exhibit "B" Musiness Solution, LLC. 5000 Lenker Street Mechanicsburg, PA 17050 Ph. 717-540-1209, Fax# 717-737.0962 To: Eastern Systems Management Inc. 1860 Charter Lane, Ste #207 Lancaster, PA 17605 Statement Date E]E009:j Amount Due Amount Enc. "-' $17,009.10 e Transaction 2048 Balance forward Amount Balance 009 1NV #4601. Due OS/22/2Q09 049 /200 0p9 . 1NV #46]4. Due 46/Q4/2009. 3,60p•00 0.00 1 009 1NV #4626. Due Q6/1612009. 4 qOq Oq 3.600.40 009 1NV #4553. Due 07/04/2009. 3,600.00 7'x'00 009 1N V #468 1. Due 07/24/2009. PMT #16048 4,400.00 11,200.00 13,6p0.00 009 009 . INV #FC 9. Due 08121/2009. Finance Charge f 4,325.00 3,6(X7.0Q 19,925.00 #FC 14. Doe 10!01/2409. Finance Charge 434.90 16,325. 00 249 20 90 16,739.90 . 17.009.10 CURRENT 0.00 1-30 DAYS DUE 249.20 31-60 DAYS . . DUE 434.90 61-90 DAYS PAST DUE 4,325.00 OVER 90 DAYS PAST DUE 12.000.00 Amount Due $17,0()9.10 Exhibit "C" Jusrness Solution, LLC. 5000 Lenker Street ? Mechanicsburg; PA 17050 By Certified Mail Dated: August 21, 2009 Eastern Systems Management 1860 Charter Lane, Suite# 207 Lancaster; PA 17605 Attention: Leon Somerall/Accounts Payable Dept Re: Notice of Intent for Legal Recovery Please accept this letter as our last and final notice to take legal action against your company to recover our outstand payment. You have been reminded by several e-mails and phone calls about the balance of bill outstand for payment. You have not taken any action to pay off the dues in full. As a y`ood client of ours; I will extend you an opportunity to pay off the entire balance $16.759.90 in full before we proceed legally. In such case; you will be required to pay legal and recovery cost to us as per Para# 10 of the Subcontract Agreement dated April 20. 2009. If you pay us entire balance in 10 business days from the date of receipt of this letter, we will offer 5% discount on the whole balance and waive the finance charges. Yours Sincerely, Pramod Srivastava. President .. ............ Phone: (717) 540-1209 ? Fax: (717) 737-0962 ? Email: pksC ibusinesssolution.com P:)stage $ Certified Fee 3- I Return Receipt Fee (- ark (Endorsement Required) Restricted Delivery Fee V? O (Endorsement Required) N % C cc Total Postage & Fees fu ?0 Sen! To 0 Sfieef, Apt No.; """-°- - -^.--------• - n IpyQJ -9 R j ................... 0 or PO Box No.60?plf l-` O (+ t _.. _ _ City, State, ZIP+4 """'°"• p-°°°--- AA Q ncag er, P DS- t c c r c I1 ^G N C 0 f4 0 In m N1 NS A O N CD 2 3 2 8 CJ O M ru M L-j 0 o- 0 Q. , ru r r ? a ? i w LU'r 11 O a 1 V r (? Vs SUNOCO MINI MART 6025 CARLISLE MECHANICSBURG, PA, 17050-2426 415248-B001 08/21/2009 06:00:36 PM --------------- Sales Receipt -------------- Product Sale Final Description Oty Price 1st Large Env 1 $1.05 (Domestic) (LANCASTER, PA 17605) (Weight:0 Lb 1.55 Oz) Certified 1 $2.80 Return Rcpt 1 $2.30 Total $6.15 Cash $6.15 Thank youl Bill#: 1-13072-1-551629-2 Clerk: KHALIDM All sales final on stamps and postage. Exhibit "D" Welch Gold Siegel, PC. Attorneys at Law August 31, 2009 Eastern Systems Management Inc. 1860 Charter Lane Suite #207 Lancaster, PA 17605 Attention: Leon Somerall In re: iBusiness Solution, LLC Amount Due: $16,759.90 Our File No.: 457105 Dear Mr. Somerall: This letter is being sent on behalf of iBusiness Solution, LLC, to collect a past due debt in the above-referenced amount for services rendered to Eastern Systems Management Inc. Payment in full is due immediately upon receipt of this letter. Unless said amount is paid immediately, legal action will be initiated. Accordingly, and in order to avoid legal action, please forward payment in full to iBusiness Solution, LLC, without further delay. Sincerely yours, WELCH, GOLD & SIEGEL, P.C. Theona efanis Attorney at Law Welch, Cold & Siegel, P.C. 1240 Lawyers Building 428 Forbes Avenue Pittsburgh, PA 15219 Telephone: 1.800-375-3089 Telephone: (412) 391-7339 Fax: (412) 391-8232 TS/lak cc: iBusiness Solution, LLC 5000 Lenker Street Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI.,VANIA iBLISlNESS SOI_.UTION, I.JLC', No. Plaintiff CIVIL, ACTION - LAW EASTERN SYSTEMS MANAGEMENT, INC. Defendant VERIFICATION I verify that the statements made in the Foregoing Complaint are true and correct to (lie hest of nay knowledge. information and belief. I understand that false statenrcrrts herein are made subject to the penalties of 15 Pa. C. S. Section 4904, relating to unsworn falsific?ttion 10 authorities. iBUSinesS Solution, LLC By: Pran . rivastava, President. I? CLL.-. : ?L n !? ;c;,?.'.;, , . RY 2009 OEC 14 Ail 11: 41 ? loY3 I??a 3?YS8