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HomeMy WebLinkAbout14-6801 e Supreme Co M:: �nnsylvania Cour Como f leas For Prothonotary Use Only: C i� CberS et U Docket No: Cu e lCounty nd" tfn .,� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the.iling and service ofpleodings or other papers as required by law or rules of court. Commencement of Action: S ix Complaint M Writ of Summons Petition Transfer from Another Jurisdiction [ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Domino Technologies, Inc. Idexcel, Inc. f/k/a Everest Business Solutions, Inc. Dollar Amount Requested: �within arbitration limits I Are money damages requested? 0 Yes R No (check one) ❑outside arbitration limits Q N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? Yes ® No A Name of Plaintiff/Appellant's Attorney: -i Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS MI-1 Intentional 1 Buyer Plaintiff Administrative Agencies El Malicious Prosecution FA Debt Collection:Credit Card Board of Assessment [Mi Motor Vehicle 1 Debt Collection:Other E] Board of Elections rl Nuisance IES' Dept.of Transportation 0 Premises Liability' [3 Statutory Appeal:Other S Q Product Liability(does not include i r!Employment Dispute: E mass tort) 0 Slander/Libel/Defamation Discrimination C El Other: Employment Dispute: Other [3 Zoning Board T Other: xi Other: Q MASS TORT Breach of Contract 0 Asbestos N Q Tobacco in Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS n Toxic Waste ® Ejectment r7il Common Law/Statutory Arbitration B ® Other: ©Eminent Domain/Condemnation [3 Declaratory Judgment 0 Ground Rent ® Mandamus © Landlord/Tenant Dispute M Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure:Commercial ®Quo Warranto n Dental 0 Partition ®Replevin © Legal 0 Quiet Title Other: Q Medical 0 Other: Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Domino Technologies, Inc. Plaintiff VS . Idexcel, Inc.f/k/a Everest Business Solutions, Inc. ' Defendant NOTICE TO DEFEND 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 AN 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 C� C REAGER& ADLER, P.C. Thomas O. Williams, Esquire PA I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 909-6948 Attorneys for Domino Technologies, Inc. Domino Technologies, Inc., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Idexcel, Inc. f/k/a Everest Business Solutions, Inc., Defendant COMPLAINT 1. Plaintiff is Domino Technologies, Inc. (hereinafter"Domino") a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 2001 North Front Street, #334 Governor's Plaza South, Harrisburg, Dauphin County, PA 17102. 2. Defendant is Idexcel, Inc. f/k/a Everest Business Solutions, Inc. (hereinafter "Idexcel") a corporation believed to be incorporated in the Commonwealth of Virginia with its principal place of business located at 459 Herndon Parkway, Suite 110, Herndon, VA 20170. 3. Jurisdiction and venue are proper in this Honorable Court inasmuch as Idexcel regularly conducts business in the Commonwealth of Pennsylvania, the contract was entered into between the parties in Cumberland County, Pennsylvania, invoices are sent from the Plaintiff s place of business located in Dauphin County and all payments of invoices are due in Domino's offices located in Harrisburg, Dauphin County, Pennsylvania. 4. The breach of the contract which is the subject of this Complaint occurred in Dauphin County, Pennsylvania. 5. On or about October 20, 2009, the parties entered into a Master Services Agreement whereby Domino was to perform certain services as set forth in statements of work which were made part of the contract. A true and correct copy of the aforesaid Master Services Agreement is attached hereto as Exhibit"A." 6. On or about April 30, 2012 the parties entered into a Statement of Work. A true and correct copy of the Statement of Work is attached hereto as Exhibit"B." 7. Pursuant to the Statement of Work, Idexcel agreed to pay Domino $7.50 for all hours worked by Sharath Indarapu for Domino's client known as the Pennsylvania Public Utility Commission. 8. As agreed by the parties, Domino issued monthly invoices to Idexcel and Idexcel paid some, but not all, of these invoices. 9. Despite several demands by Domino that all invoices be paid in full and promises by Idexcel that payment would be forthcoming, Idexcel has failed and refused to pay all invoices. 10. At the time of this Complaint, Idexcel has failed and refused to pay invoices leaving a current principal balance due in the amount of$16,650. 2 11. Idexcel's failure and refusal to pay invoices when due constitutes a breach of contract. A true and correct copy of a statement of account is attached hereto as Exhibit"C" 12. As a result of Idexcel's breach of the contract, Domino has been damaged in the principal amount of$16,650. 13. Pursuant to the Master Services Agreement at paragraph 9, Domino, as a prevailing party, is entitled to legal fees, attorney's fees and court costs. 14. All conditions precedent for the bringing of this action have been performed or have occurred. WHEREFORE, Plaintiff, Domino Technologies, Inc., respectfully requests this Honorable Court enter judgment in its favor and against Idexcel, Inc. in the amount of$16,650 plus costs, interest, and attorney's fees. Respectfully submitted REAGER& A ER, P.C. Date: Thoma O. Williams, Esquire Attorney I.D. PA 67987 2331 Market Street Camp Hill, PA 17011, Telephone: (717) 763-1383 Attorneys for Domino Technologies, Inc. 3 OCT-23-2009 13:36 From: To:17038807584 Pa5e:1r7 D taco TOcfitea,tree, MASTER SERVICES AC.REEI4IF'.NT 'PHIS.AGREEMENT is made and entered into as of this Qgp-,er.2&,2l M hereinafter ("Effective Date")by and between Qomina'i'echnologie§, (EIN:J,'J ,04),hereinafter ("Domino Tech")a Krinsylvania company located at.1-410,13onnvrigg Court,Mechanicsburg,PA 110,5-0,and Everest Business Solution&Inc.,459 Herndon Parkway#10,-'Herndon, VA 20170 (LRN-.54.1923680)hereinafter("Contractor'). Contractor N in the bugincss.of providing Software design and systems implementation consultation,and technical support services relating to software:products. DOMINO TECH desires to engage Contractor's employees and/or independent contractors from time to time for assistanco on projects relating to ffic above:mcni.ioned and other areas of experti5c;, ThOefore,in consideration of the promises and mutual agreements hmin,DOMINO TECH and Contractor agree as follows, t, '-Contractor's Enwagement (a) DOMINO TECH engage:w Contractor anti Contractor agrees to be so engaged on the terns and conditions act forth in this Agreement to perform certain services as set forth in work statements and made a part hereof("Statement of Work") by reference. Contractor's role shall Consist,generally of providing technical consulting- rvices to DOMINO TECR and its clients in the areas of software installation,programming, implementation and education in connection with.developmentnef integrated software systemg. (b) Contractor,its employees and/or independent contractors shall undertake;and accomplish the consulting with stindards acceptable to DOMINO TECH and DOMINO TECH's client in'their reasonable judgment. In carrying out the consulting,Contractor shall skilcly maintain liaison with DOMINO TECH with rc&;ard to any concerns about the terms or conditions of the contract. ,Any discussions by Contractor with the end client about these subiocL ~hall ctmntitutc a n1Hterial breach of this agreement, (c) Contractor shall make the individuals available to I)O.M N0 TECH as identified on each Statement of Work to perforni the consulting work specified therein. There shall be no substitution for the per,5on(q)named in each Statement of Work without DOMINO'1TECH's prior written conserit, (d) Contractor further agrees that during the term of this agieernent,and for one(1)year following termination of this agreement,Contractor,its afriliates and any related party,will not solicit,directly or indirectly, not accept oftwarc-consulting contracts with tho DOMINO TECH client into which Contractor's wnployces or'rndupendent contractors were introduced or placed.Domino Technologies Agree not to hire/solicit directly or indirectly any of the employees/Consultants who are working under this agreement, fur tha term of this agreement or 12 months.al'tcr the termination bf this agreement or task order attached to this agreement. 1. caninimr Pomitto Tech (Domino Technologies,Inc. OCT-23-2009 13.36 From: To:17038807584 Paye:i �7 �ct�h ytes Inc. 2. Tnd(;Vcndent Contractor Status Nothing herein shall he oeerned or construed to create a ioiiitvcntuiu,pxrtncrship; agency or employee/employer relationship between the parties fi r rrny purpose, including bu.t not limited to tares of employee benefitu. Conlraclt)r will be solely responsible for payment of Any and all taxes and insurance as required by law. Upon execution of this Master Agreement ContTactor will 9uhinit to DOMINO TECH its Certificate of Tnsurance: 3. Icr Power to Act on Behalf of DOMTNOT>�CH Contractor,its crnploy=or.independent contractors shall not liavc any right,power or autliority to grcKw any obligation,express or implied,or make.representation on behalf of DO1bl7NO TECH except as Contractor may be expressly au l-horized in advance in writing from time to time by DOMINO TECH and then only to the oxtt i.m Of such atithorizatioii. 4. pees DOMINO TECII shall pay to Contractor fees for the consulting as set (Oral in each Statement of Work, Contractor shall not lie entitled to any other compensation for such consulting. It is e)liresdy understood that Contractor shall Have no interest in or claim to any billings by DOMINO TECH to its Clients for professional RCrvic Cti that may be generated in conneution with the consulting hereunder. Furiher,Ira.vul time shall not be compensable under this Agreement, Contractor shall submit invoices along with client/proiecl approved tlwesheet.saw per the schedule detailed:in the STATEMENT OF WORK identifying the houm worked and the amount due as specified in tlfe STATEMENT OF WORK,ft is understood that the mutually agreed upon invoice and client/projeu approvdd tiinesheets shall be the sole document by which the respective hours worked by the contractor,employee or independent uontracior are determined and paid. 5. lrx�nscs The Filling rate is set forth in the Statement of Work. DOMINO.TECH will not be liable for any expenses,unless t>tbcrwise specified in the Statement of Work. G, Gantractor's Covenants Contractor covenants to DOMINO TEC 14 as follows: (a) Performance guarantee: if the Contractor does not meet the expecu,tions of DOMINO TF04 s elicnt's project management within tate fIrst 14 butiin4ss clays of the assignment,lie/ahc will be released and.Contractor will not bill DOMINO TECH for any time and/or expenses related to the assignment. 2 lflille !u -Cunlnmor Domino Tech ,Domino Teelmologics,Inc, OCT-23-2009 13:37 From: To:1703ee@7584 Page:-3,7 o'rfl rrC gig t � (b) Contractor will comply at lsll times with all applicahlc laws and regulations of any Jurisdiction in which.tP:ontractor acts; (c) Contractor,its employees,independent contractors and agents shall carry out the consulting in a manner consistent with the current ethical and professional standards or the:industry; (d) Contractor,i1.4 employees,independent contractors-and agents will cotpply at all times with all security provisions in cff.ect from time to time at DOMINO TECH's Client's premises with respect to access to premises and to materials helonging to DOMINO TECH or its clients;. (e) Contractor shall not use DOMiNO TEC:H's nainu in any promotional materials or other communications with third parties without DOMINO TECH's prior written coon"ant; (#) All employees,independent contractors or agents of contractor assigned to DOMINO TEC 14 hereunder shall he employees of Contractor,and Contractor shall treat them as empkeyce-, rorall purposes,including but not limited to employment taxes,compliance with,the Immigration Reform and Control Act and utsuranct: purposes; (g) Contractor does not and will not discriminate in the re,fcrral or hiring of Contractor's empluycc(s)on thcbasit,of race,color,religion,Sex,age,national origin,marhal tatus,di;sabi.lity or other protected category,as required by applienhlc r'WoTal,state and local laws; (h) Contractor's employeesf independent contractors or atents are United States citizens, or,it not United States citizens,have and will have at all times while,assigned to the Work hereunder a valid and legal work status under the regulations of the United States Immigration and Naturalization Service, Contractor will provide DOMINO TPOH with satisfactory evidence of such authority uporl requa;Kt, It is the responsibility of Contractor to obtain proper work authorixHuon. 7. Confidentiality .a During the course of carrying out the C:rynsulting,either party may have uccuss to information that(i)rclatus to a party and/or its client(s)' past,present,or future;reseateh, development,or business activities and any proprietay products,matersah;,;ac;rviucs,or technical knowledge,or(ii)is regarded as confidentiul by one of the partics ("Confidential Information"). In connection therewith,the following subsections-shall apply: (a) "I'lie Confidential Information may he used by a party only to assist that party in connection with the Consulting assignment and not to contjrcte with the;other party; (h) sloth Parties will protect the Confidentiality of the Confidential Information in the same manner that it protects its own wrifidcntial information of like kind but in no event in less than a rea_%ontable manner, Access to the Confidential Information shall 3 Enitjak i anfruCtpr DBmion lbah bom1no'r eelmologias,Inc, l7CT-23-2009' 13:37 From: To:17038807584 Pase:4/7 IOv lea rah g les In-C, be restrie4ed to Contractot and DOMINO TECH personnel with d need to know and shall not be disclosed to any third party; (c) The Confidential Information may not be copied or reproduced without that party's prior written consent; (d) Unless otherwiSe expressly authorized in writing by DOM iNU TECH,ail Confidential Information made available to Contractor,including copies thereof; shall he returned to DOMINO TECH upon the first to occur of(i)termination of this Agreement or(ii)request.by DOMINO TECH;.and the Contractor (e) Nothing in this Agreement shall prohibit or limit a party's use of information (including,but not limited to,idea.N,conucpls,know-how,,techniques,and methodology)(i)previously known to it,(ii)independently developedby it,(iii) squired by it from a.third party which is not,to under an obligation not to disclose such information,or(iv)which is or becomes publicly ayailxblc through no breach of this Agreement. All materials Prepared by Unitrac;tor,its employees, hidcpcndcrtt contractors and agents kir DOMINO TECH pursuant to this Agreement shall be owned exclusively by DOMINO TECH,and Contractor herchy to DOMINO TECH all rights in such materials and copyright~ therein. Contractor further.shall disclose to DOMINO TECH all discoveries,inventions,ideas or techniques("lrwentioas")made by Contractor,its employees,independent contractors and agents ut carrying out the consulting hereunder, .pra.,vidcd that either the conception or reduction to praeticc OCCUrS(luring the term hereof and in carrying out the Consulting hereunder. All such Inventions shall be the exclusive property of DOMINO TECH. Contractor will acquire from its employees and agents who may carry out the Con;ulLing under this.Agreement all such rights as may be conveyed and vested in it,free of any claims of such eittployceS anti ugents. Contractor shall execute such documents,and provide such assistance as DOMINO TECH may reasonably request to give full Weet to the provisions of this SCc:lion 8 at DOMINO TP:.(, is"Pense. Indemnification Contractor shalt indemnify and hold UONIINO TECH,its partners,employees and agents,harmlctik from and against any claims,demands,loss,dumagc or expense(i) related to hinlily injury or.death of any person or damage to property resulting from the negligent or willful nets or omissions Of Contractor,its employees and agents,(ii) resulting from any claim that Contractor is Tical,an independent contractor,(iii)related'to claims by any employees or agents of ConLract(IT for injuries or damages under wo*rkmen's eornpenstation or similar acts,(iv)incurred by DOMINO TECH biased on any Claim that any deliverable or other materials delivered under this Agreement tar uwc thereof by DOMINO TECH infringes any copyright,trade secret or ether proprietary right of any thirt,l party or(v)resulting from a breach by Contractor cif rite covenxnLs under Section b. 4 tntlit� _�� 00111rttetor Dom(no Tech Domino Technologies,Inn. OCT-23-2009 13:37 From: To: 17038807584 Page:5`7 Contractor shall.indcmnify and hold DOMINO TuCH,its affiliates and their partners, e,thployceti and agems,harmless from any and;ill claims and assertions of any kind mach; directly or indirectly against'DOMtNO'1'1-BCH by employees or.former cmpioyccs of Contractor,agents or forntor agonts of Contractor or Contractor ernployee(s),or any other party appointed as a ContrxctoT employee hereunder;resulting born their relationship with DOMINO TF,(-'.H as a result of this Agreement. Contractor shall indemnify and hold 'DOMINO TECH, its affiliates, clients and their partners, employees and agents,harmless frurn any and all any or all Claims arising from contracts between DOMINO TECH and third parties made to effectuate the purpose of this Agroortrcnt,and Contractor shall indemnil:y and hold DOMINO TECH,its affiliates, clicou and their partners, employees and agents, harmless rrom any or all claims, liabilities or damages arising ,from the preparation or presentation of any work covered by this Agreement including but not limited to lihel or violation of any government regulation(including hut.nui.limited to Immigration and.Vax Withholding Laws). Except for claims tinder Section 7 and 8 neither party will be liable to the other for any special indirect or consequential darnagos such as Iost profits. In the event of a breach by either party,the al`fected shall be entitled to all legal and equitable remedies and the prevailing party shall be entitled to recover reasonable cost; including but.not limited to legal fcos,attorney fees,and court costs. 1 h. ern This Agreement shall he Wcelivu as(it(he Effective Date and will renew on an annual basis unless termination i:c madc pursuant to section I I herein, 1L c rr nxtii n (a) VQM1NO TECH may terminate this Agreement Immediately and without further notice,if at any tirnu DOMINO TECIFs Client revokes or terminates approval foo DOMINO Tl^CH lo continue as an approved supplier the only liability rbr which shall he payment to Contractor of correct invoices for work actually performed up through termination. (h) Either party may at any lime;and without cause lerrainate.this Agreement upon diving(ifteen(15)days written notice to the other party. (c) In the event this A�rcunent is tc:rminal.ed,Contractor~halt be entitled to payment of al I fees as provided in Sections 4 rind 5 respectively,incurred prior to the effective -date of such termination, {d) Upon termination of this Ageement for any reasnn,Contractor will cease all Consulting activity and shall promptly provide to DOMINO TECH,without cost to DOMINO TECH all wink product and files developed by Contractor under this Agreement and all Material;provided to 0?ntractor by DOMINO TECH.in connection with this Agreement. 5 third 91-, -rontravhx Domino Tcch Domino Tcchnningies,enc, 8CT-23-2009 13:38 From: To:17038807584 Pase:517 Q Mt5-h? . oche ales Inc, (c) Certain clauses-represent continuing obligations by the parties and-shall remAin in full force and of(ect:after terminatilin ol'(.big agreemeltt. These.inc:lude 1(b), )(d),6, 7,N,and 9. �.�. SlovernIi;g T,aw This Agreement is made and entered intrr by the patties in the Commonwealth'of P?cnnsylvanla and shall he construed according to the laws of that 9tal.c.,Any action based on this contract%hall be brought in the State or Federal Caurl of Cumberland County, Pennsylvania. 1�3. Sc;yerability. It'ainy term,Conditiim,or provision in this Agreement is found to be'invalid,unlawful,or unenforceable Loany extent,it Will be severed from the A67etinent and the rcmairiing terms,conditions;and provisions,will continue it.)lye valid and enforceable to the fullest .extentpc;rmitted by law. Tho headings and titles of the Sections'aad subsections cif this Agreement are.for mfuTence purposes only,and shall not affect the muning or nierpret�atiori of the tcxl.herein. 1a+�.. 1?tsrcc Mxjcure Neither putty shall 'be under any liability to the other,party for any delay or failure to -yerify any applications under this Agreement if the same is against wholly or partially .eaugCd whether directly or indirectly by eircums(ances beyond their control. 15, .Entire Agreement 'This is the:entire Abp uprnen.t between the parties. There are rncrgq.d herein all prior a6d Collateral representations,promises and conditions in connccNnn:with the subject mattei hereof, Any representations,proniiscs'or conditions not incorporated herein shall not be hincling upon either patty. This Agreemcntshall be binding upon the respective assigns and SUixessors of Contractor and DOM1NO'PECII and may not be modified or amended except in writing and,,Ved by both partie,C, Willuirn„ niolr:Icdor Dom Ino Tech Domino Teclinolog,ey,Inc. OCT-23-8. 1809 13:38 From: To:17038807584 Page:7/7 -h w c R►r _ IN WIT SS WHEREOF,thelsartics hawduly�Xecutcd this Agreerncnkit,(.if the day and year rust above wrimen,. DgId4o7e+cirnglogics,Ing._ 1 veregt_l3usiness.Solutiown ,Irig. (13OT 190`1`ISCA) (Contractor) Sigaticdttr.�t�t,t� Signed " Print Name: 'lta'tHan 13 I gonal 'Print Name 'title President Date 1,01 '6407 Date-- —— I a EIiN# 54.11,423680 Addrom _ 4 �Hundon Parkway Adduces City Herndon lytrUn{, 1'u Frrriill .7 tR'rliela Cfiniractgr Domino Tech Dnmino!'echnologies,Inc,. I t .--� _ ��� �_ � ¢,. , ' iciexcei _ Idexcel Inc. 459 Herndon Parkway, Suite 10, Herndon, VA 20170 Ph: 703-230-2601, Fax: 703-467-0218, www.idexcel.com STATEMENT OF WORK Date 4/30/2012 Issued to Agent: Domino Technologies, Inc. Contact: Nathan Balagopal Rate $7.50/hr Issued by Company: Idexcel, 459 Herndon Pkwy, Suite#11, Herndon, VA 20170 Client Public Utility Commission 400 North Street, Harrisburg, PA 17103 Work location Harrisburg, PA Work description Placement assistance services for Sharath Indarapu Start date May 1" 2012 End date June 301" 2013 Payment terms Invoices should be sent to invoices@idexcel,com Agent will be paid within 30 days. *lows 1. Master Services Agreement between IDEXCEL (Qompany) and QOMINO TECHNOLOGIES (Agent) dated September 30'h, 2010 is nullified and the relationship between the parties shall at all times be that of Independent Contractors. No employment, partnership or joint venture relationship is formed by this Statement of Work and at no time may the Agent position itself as affiliated to the Company, except as an Independent Referrer. 2. This SOW does not grant exclusive rights to the Agent to act as referrer on behalf of the Company and the Agent shall have no rights under any other Agreements entered into by the Company with other Agents. 3. This SOW constitutes the whole Agreement between the parties and any alteration must be in writing and signed by both parties. 4. This SOW is valid till June 30`h 2013 or completion of assignment, which ever happens first. PLEASE ACKNOWLEDGE BY SIGNING AND RETURNING A COPY OF THIS STATEMENT OF WORK to rkoyaoidexcel.com COMPANY: IDEXC L INC AGENT: DOMINO TECHNOLOGIES, INC. By: — TQ� By: Signature Signature Name: Koya Rama Krishna Name: Nathan Balagopal Title: Contract Manager Title: President Company: Idexcel Inc.. Company: Domino Technologies,, Inc. 4 11:00 PM Domino Technologies, Inc. 11/18/14 Accrual Basis Customer Open Balance All Transactions Type Date Num Memo Due Date Open Balance Amount Idexcel,Inc.Customer Invoice 01/01/2014 5712 Oct 01/31/2014 1,200.00 1,200.00 Invoice 01/01/2014 5713 Nov 01/31/2014 1,125.00 1,125.00 Invoice 01/01/2014 5713 Dec 01/31/2014 1,125.00 1,125.00 Invoice 05/31/2014 5770 Jan 06/10/2014 1,200.00 1,200.00 Invoice 05/31/2014 5771 Feb 06/10/2014 1,200.00 1,200.00 Invoice 05/31/2014 5772 March 06/10/2014 1,200.00 1,200.00 Invoice 05/31/2014 5773 April 06/10/2014 1,200.00 1,200.00 Invoice 05/31/2014 5774 May 06/10/2014 1,200.00 1,200.00 Invoice 09/14/2014 5848 June 09/14/2014 1,200.00 1,200.00 Invoice 09/14/2014 5849 July 09/14/2014 1,200.00 1,200.00 Invoice 09/14/2014 5850 Aug 09/14/2014 1,200.00 1,200.00 Invoice 09/30/2014 5868 Sept 11/20/2014 1,200.00 1,200.00 Invoice 10/31/2014 5869 Oct 11/20/2014 1,200.00 1,200.00 Invoice 11/20/2014 5870 Nov 11/20/2014 1,200.00 1,200.00 16,650.00 16,650.00 Total Idexcel, Inc.Customer 16,650.00 16,650.00 TOTAL 16,650.00 16,650.00 Page 1 of 1 a VERIFICATION I, Nathan Balagopal, do hereby verify that I am authorized to make this Verification on behalf of Domino Technologies, Inc., and the foregoing Complaint was prepared with the assistance and advice of counsel, upon whose advice we have relied; that the Complaint, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Complaint and the defense of this case; that the language of the Complaint is that of counsel; that subject to the limitations set forth herein,the averments of the Complaint are true and correct to the best of our knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Date: 11/19/14 Nathan Balagopal REAGER & ADLER, P.C. Thomas O. Williams, Esquire PA I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Domino Technologies, Inc. Domino Technologies, Inc., Plaintiff vs. ' J'✓ ; IN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA Idexcel, Inc. f/k/a Everest Business : No. 14-6801 Solutions, Inc., Defendant AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND I, Thomas O. Williams, Esquire, being duly sworn, upon oath, deposes and says as follows: 1. I am the attorney for Domino Technologies, Inc. in the above -captioned case. On November 26, 2014, I caused to be transmitted, by a form of mail requiring a signed receipt, a copy of the Complaint filed in this action to the following: Indexcel, Inc., 459 Herndon Pkwy., Suite 110, Herndon, VA 20170. 2. I further depose and say that I thereafter received from the U. S. Postal Service, a return receipt bearing the notation "Date of Delivery: 12/2." A copy of the official return receipt is attached hereto. Date: December 5, 2014 Thomas C . Wil rams, Esquire PA I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Domino Technologies, Inc. 2 November 26, 2014 ATTORNEYS AND COUNSELORS AT LAW VIA CERTIFIED U. S. MAIL - RRR Idexcel, Inc. f/k/a Everest Business Solutions, Inc. 459 Herndon Parkway Suite 110 Herndon, VA 20170 2331 Market Street Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 Alana L. Souders, Legal Assistant ASouders@ReagerAdlerPC.com (717) 763-1383 ext. 131 Re: Domino Technologies, Inc. v. Idexcel, Inc. f/k/a Everest Business Solutions, Inc. Docket No. 14-6801 Civil To whom it may concern: Enclosed for service upon you, please find a true and correct copy of a Complaint filed against Idexcel, Inc. by Domino Technologies, Inc. in the Cumberland County Court of Common Pleas, Carlisle, Pennsylvania. Enclosure Sincerely, ascIALp-Lett. Alana L. Souders Legal Assistant .11 TU m c0 Iv En n.1 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee O Return Receipt Fee 0 (Endorsement Required) O -n r4 IrJ r1 CI Restricted Delivery Fee (Endorsement Required) Total Postage &'Fees Pobtmark Here Sent To Street, Apt No:; ~- -----~ _ ------ PO -- PO Box No. City, State, ZIP+4 PS Form 3800, August 2006 See Reverse for Instructions PROVEN RESOURCES www.reageradlerpc.com SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. im Attach this card to the back of the mailpiece, or on the front If space permits. . Article Addressed to: =c7<excr,t L-64)1 Q. Su1A-e_ 'O 14-e)illokors ,N) A at vib COMPLETE THIS SECTION ON DELIVERY A. Signature X ritgent 0 Addressee C. Date -f Delivery I 2.. le D. Is delivery address different from item 1? • r_ If YES, enter delivery address below, o .,S9gice Type Certified Mello 0 Priority Mail Express- o Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service labe0 bi1odouai524 113'26. PS Form 3811,July 2013 Domestic Return Receipt • CERTIFICATE OF SERVICE I, Alana L. Souders, Paralegal to Thomas O. Williams, Esquire, hereby certify that I have this date caused a true and correct copy of the foregoing Affidavit of Service to be served upon the following party of record via First Class U.S. Mail, postage prepaid, addressed as follows: Indexcel, Inc. 459 Herndon Pkwy. Suite 110 Herndon, VA 20170 Dated: December 5, 2014