HomeMy WebLinkAbout01-5246ANYWARE COMPUTERS, INC.
doing business as "PA NETVVORK"
and "THE PENNSYLVANIA
NETWORK", a Pennsylvania business
corporation,
PLAINTIFF
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ADELPHIA BUSINESS SOLUTIONS
OF PENNSYLVANIA, INC., a Delaware:
business corporation, and JOSEPH
RODRIGUEZ, an Individual,
DEFENDANTS : 01-5246 CIVIL TERM
AND NOW, this
ORDER OF COURT
~O~---- .day of September, 2001, a hearing on the
within petition for a preliminary injunction shall be conducted at 8:45 a.m., Monday,
September 10, 2001, in Courtroom Number 2, Cumberland County Courthouse,
Carlisle, Pennsylvania·
By the Gou ,~?.~'~
Edgar B. Bayley, J.
:saa
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, 1NC. doing
business as "PA NETWORK" and "THE
PENNSYLVANIA NETWORK", a
Pennsylvania business corporation
CIVIL DIVISION
Plaintiff,
No.:
COMPLAINT IN EQUITY
ADELPHIA BUSINESS SOLUTIONS OF
PENNSYLVANIA, INC., a Delaware
business corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
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 alter this
Complaint and Notice am 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 WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Carlisle, Pennsylvania 17013
NOTICIA
USTED HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse
de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso
radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en
la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra
suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el
caso puede proceder sin usted y tm fallo por cualquier suma de dinero reclamada en la demanda
o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Carlisle, Pennsylvania 17013
SEP 0 6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, 1NC. doing
business as "PA NETWORK" and "THE
PENNSYLVANIA NETWORK", a
Pennsylvania business corporation
Plaintiff,
CIVIL DIVISION
COMPLAINT IN EQUITY
ADELPHIA BUSINESS SOLUTIONS OF
PENNSYLVANIA, INC., a Delaware
business corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
Filed on Behalf of Plaintiff:
Counsel of Record for Plaintiff:
ROBERT C. MAY, ESQUIRE
Pa I.D. #65602
THE LAW FIRM OF MAY & MAY, P.C.
3438 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 612-0102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, INC.
doing business as "PA NETWORK"
and "THE PENNSYLVANIA
NETWORK", a Pennsylvania
business corporation
Plaintiff,
CIVIL DIVISION
No.:
COMPLAINT IN EQUITY
ADELPHIA BUSINESS
SOLUTIONS OF PENNSYLVANIA,
INC., a Delaware business
corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
COMPLAINT IN EQUITY
And Now comes the Plaintiff, and brings the within Complaint in Equity against Defendants
Adelphia Business Solutions of Pennsylvania, a Delaware business corporation, and Joseph
Rodriguez, an Individual, whereof the following is a statement:
The Plaintiff, Anyware Computers, Inc., hereinafter "PA Network", is a Pennsylvania
business corporation with a principal business address of 3216 Trindle Road, Camp Hill,
Pennsylvania.
The Defendant Adelphia Business Solutions of Pennsylvania, Inc., hereinafter
"Adelphia", is a Delaware business corporation, which does business in Cumberland
County, Commonwealth of Pennsylvania.
The Defendant Joseph Rodriguez is a Pennsylvania resident and a General Manager of
Defendant Adelphia.
PA Network was incorporated in Pennsylvania on February 13, 1995, and is in the
business of providing dial-up Internet access to the residents of Cumberland County,
Southern Dauphin County, Southern Perry County, Western Lebanon County, and
Northern York County, and has provided such dial-up Internet access continuously from
May 1, 1997, through the date hereof.
5. At all relevant times, Plaintiffhas subscribed to Defendant Adelphia's "Basic Telephone
10.
11.
12.
13.
Service" providing the subscriber's to Plaintiff's dial-up Intemet service with the seven
(7) dial-up access numbers which Plaintiff's subscriber's can call to connect to the
Plaintiff's computers, and through Plaintiff's computers, to the Intemet. Plaintiff has no
other telephone company that provides this service, and will not be able to replace
Defendant Adelphia's service unless given adequate time to find another provider.
At all relevant times, Plaintiff has paid undisputed charges by Defendant Adelphia or in
lieu of payment has offered to make installment payments for Defendant Adelphia's
"Basic Telephone Service," pursuant to billing statements generated monthly by
Defendant Adelphia.
On numerous occasions, Plaintiff has met with and/or spoken on the telephone with
numerous representatives of Defendant Adelphia regarding various overcharges and
other billing discrepancies. By way of example, Defendant Adelphia charged Plaintiff
for outgoing telephone calls on lines which were set up as incoming only telephone calls
incapable of making an outgoing telephone call.
On or about August 15,2001, Defendant Adelphia notified Plaintiff by letter, a copy of
which is attached hereto, made part hereof and marked Exhibit "A", that its account was
past due and would be terminated.
As soon as Plaintiff received said August 15,2001, Plaintiff diligently and systematically
began telephoning Defendant Adelphia's Billing Manager, Janet Renna, to clear up the
matter and take care of the dispute.
Pursuant to the aforesaid August 15,2001, letter, Plaintiff contacted Defendant
Adelphia's Billing Manager, Janet Renna, as instructed by the letter, by telephone on
various dates, as well as by letter dated August 29, 2001, a copy of which is attached
hereto, made part hereof and marked Exhibit "B", to inquire about the Plaintiff's various
disputes with the charges made to Plaintiff by Defendant as well as to arrange for a
payment plan as set forth in the August 15, 2001, letter. As set forth in the August 29,
2001, letter, Janet Renna confirmed that Defendant Adelphia would not be terminating
the telephone service.
Defendant Adelphia's Billing Manager, Janet Renna, in addition to the conversations set
forth in the August 29, 2001, letter, was contacted by telephone on or about 10:00 a.m.
on Wednesday, September 5, 2001, by the Plaintiff's General Manager, Karen May, at
which time Janet Renna assured the Plaintiff' s General Manager, Karen May, that
Defendant Adelphia's service would not be terminated and that efforts would be made by
Janet Renna to correct the overcharges to Plaintiff and negotiate a payment schedule.
Defendant Adelphia's Billing Manager, Janet Renna, in addition to the September 5,
2001, telephone conversation at 10:00 a.m., sent to Plaintiff's General Manager, Karen
May, on September 5,2001, at exactly 10:24 a.m., a facsimile showing credits that Janet
Renna marked for Karen May's review in the approximate amount of $4,000, a copy of
the page from the facsimile showing credits is attached hereto, made part hereof and
marked Exhibit "C".
In reliance upon the oral statements made by Defendant's General Manager, Janet Renna,
in previous telephone conversations and on September 5, 2001, and encouraged by the
credits marked by Janet Renna on September 5,2001, which credits were reasonably
interpreted to mean that Defendant Adelphia would acknowledge its past billing errors
and make arrangements for a reasonable payment plan with Plaintiff as expressed by
Janet Renna on September 5, 2001, and previously, Plaintiff did not call the Pennsylvania
Public Service Commission as set forth in the August 15,2001, letter, which would have
allowed Plaintiff to obtain relief from the termination of service, negotiate a reasonable
payment plan, and complain both formally and informally about the overcharges and
unreasonable termination threatened by Defendant Adelphia.
14. As set forth in the August 15, 2001, letter, Plaintiff refrained from contacting the
Pennsylvania Public Service Commission without prior discussion with Defendant
Adelphia's Billing Office, and justifiably believed that Adelphia would make good on its
Billing Manager's representations regarding correcting overcharges and arranging a
reasonable payment schedule for actual charges due.
15. At 4:30 p.m. on September 5, 2001, the Pennsylvania Public Service Commission ended
its normal business hours, and at 5:00 p.m. on September 5,2001, Plaintiff ended its
normal business hours.
16. At exactly 5:10 p.m. on September 5, 2001, Defendant Adelphia's Billing Manager, Janet
Renna, called Plaintiff's business telephone and left a message marked "emergency" a
copy of which is attached hereto, made part hereof and marked Exhibit "D", for
Plaintiff' s General Manager, Karen May.
17. Shortly after receiving the emergency telephone message, Plaintiff's General Manager,
Karen May, called Defendant Adelphia's Billing Manager, Janet Renna, who told Karen
May that, notwithstanding her previous representations, Defendant Adelphia would
nonetheless be terminating Plaintiff's telephone service on Thursday, September 6, 2001,
between the hours of 8:00 a.m. and 4:00 p.m.
18. Defendant Adelphia's Billing Manager, Janet Renna, indicated that she was relaying the
message of Defendant Joseph Rodriguez, who is a General Manager at Defendant
Adelphia.
19. Defendants Adelphia and Joseph Rodriguez have acted in bad faith in violation of the
letter and spirit of Pennsylvania law, and the standards of fair dealing commonly
recognized in and among Pennsylvania's business community.
20. As a result of said bad faith, and lack of fair dealing, Plaintiff's ability to provide dial-up
access Internet service to its customers was terminated with the termination of Plaintiff's
telephone service by Defendant Adelphia acting through Defendant Joseph Rodriguez at
the hours of 8:00 a.m. September 6, 2001.
21. Said termination of Plaintiffs dial-up Internet access service will almost certainly result
in the abandonment, likely permanently, by Plaintiff's customers to Plaintiff's
competitors, and will effectively shut-off completely Plaintiff' s ability to earn any
revenue.
22. If Defendant Adelphia and Defendant Joseph Rodriguez are allowed to terminate
Plaintiff' s dial-up Internet access service prior to Plaintiff obtaining an opportunity to
appeal to the Pennsylvania Public Service Commission as provided for by law and as set
forth in Defendant Adelphia's August 15, 2001, letter to Plaintiff, Plaintiff will suffer
irreparable injury in that it will lose nearly all its customers and revenues regardless of
whether Plaintiff's appeal to the Pennsylvania Public Service Commission succeeds.
23. Since Plaintiff services the community with Interact service, the destruction of Plaintiff's
business would eliminate a local competitor in the marketplace to the detriment of the
community which benefits from having local alternatives for Intemet access.
24. The conduct of the Defendants as to the Plaintiff constitute unfair competition, tortious
interference with Plaintiff's contractual relations with its customers, fraud, and
oppression under the common law, and under Pennsylvania statutes as interpreted by
Chapters 3 and 5 of the Title 52 of the Pennsylvania Code, the conduct of Defendant
effectively denies Plaintiff its ability to pursue the informal and formal complaint process
before the Pennsylvania Public Service Commission.
25. The Plaintiff has no adequate remedy at law.
26. This petition is brought on an emergency basis because of the imminence of said
proposed termination and the Plaintiffs inability to safeguard its rights without an
immediate injunction.
Plaintiff prays this Honorable Court:
A. Enjoin the Defendants from terminating Plaintiff's telephone service and
order Defendants to reconnect without charge such telephone service until
such time as Defendant Adelphia negotiates with Plaintiff a reasonable
payment plan and Plaintiff has exhausted its appeals, including informal
and formal complaints, with the Pennsylvania Public Service Commission;
B. Enjoin the Defendants from terminating Plaintiff's telephone service and
order Defendants to reconnect without charge such telephone service) until
further order of this Court; and/or
C. Grant the Plaintiffsuch other relief as the Court may deem appropriate.
Respectfully submitted,
THE LAW FIRM OF MAY & MAY, P.C.
Robert C. May
EXHIBIT A
AUGUST 15, 2001, LETTER
Adelphia Business Solutions of Pennsylvania, Inc.
5095 Ritter Road, Suite101
Mechanicsburg, PA 17055-6921
877-497-2666
WARNING: THIS IS TO NOTIFY YOU THAT YOUR TELEPHONE SERVICE IS ABOUT TO
BE DISCONNECTED. PLEASE READ THIS ENTIRE NOTICE. IT TELLS YOU WHAT TO
DO TO AVOID BEING DISCONNECTED. IF THERE IS 'ANYTHING YOU DO NOT
UNDERSTAND CALL US IMMEDIATELY AT THE BUSINESS OFFICE NUMBER SHOWN
ABOVE.
Date: Auqust 15, 2001
Customer: PA Networks
Address: P.O. Box ~271
Mechanicsburq, PA 17050
Account Number: 100-583-0348
Amount Past Due: $ 34,630.63 as of Auqust 15, 2001
1. Your account is past due and service will be disconnected for nonpayment without further notice on
September 6, 2001 between the hours of 8:00 a.m. and 4:00 p.m.
2. To avoid disconnection please make payment in full or follow one of the steps shown on page two
of this notice before the following date, September 5, 2001 .,
3. A reconnection charge of $101.03 for the first line and then $77.40 for each additional line will be
charged if your service is interrupted then reconnected.
4. In #3 above, a deposit equal to one month's average bill may be required.
Please ~end your payment now along with the payment page of your bill or this notice to our Billing
Manager at:
Adelphi~ Business So!utions
Attention: Janet Renna
1180 Sathers Drive
Pittston, PA 18643
If you are in need of assistance with payment of your bill, please call your service representative, toll
free, for further info--nation at 877-497-2666 or visit our office located at 5095 Ritter Road, Suite 101
Mechanicsburg, PA 17055-6921 Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.
If you have already mailed payment in advance of the termination date and confirmed our
receipt of payment by the due date, please disregard this notice.
PENNSYLVANIA CUSTOMERS
Your service will be disconnected unless you take one of the following steps before the date shown in
#2 on page one:
1. Pay your bill in full; OR
2. Make an agreement acceptable to us to pay the amount past due over a period of time; OR
3. For Residence Accounts: Advise us that you will, within seven (7) days present us with a statement
from a doctor certifying that disconnection will result in an immediate and serious health hazard to you
or another person now living in your household. Use of the doctor's certification to prevent
disconnection or to cause reconnection of telephone service is limited to two (2) consecutive 30-day
periods and shall not exceed three (3) 30-day periods in any calendar year except upon a written order
of the New York Public Service Commission; OR if you deny. that your account is overdue by more
than $50, submit .the dispute to the Public Service Commission and obtain a Public Service
Commission Order prohibiting disconnection·
· 4. For Business Accounts: If you deny' that your account is overdue, submit the dispute to
Pennsylvania Public Service Commission and obtain a Public Service Commission Order prohibiting
disconnection.
If you cannot pay your overdue bill in full, but you can repay on installments, we will negotiate with you
a reasonable plan for paying it over time. After discussing such a plan with us, if you do not believe our
terms to be reasonable, you may call the Pennsylvania Public Service Commission. The Public Service
Commission can give you advice and may be able to give you assistance in conducting further
negotiations. Information on how to contact the Public Service Commission is shown below. A request
should not be made to the Public Service Commission without prior discussion with our Billing Office. If
you wish to discuss this matter with us, or if you wish to ask any questions or make any complaint,
please contact our Billing Office at the telephone number shown on the face of this notice on any day,
Monday through Friday, except holidays, between the hours of 9:00 a.m. and 5:00 p.m.
The Pennsylvania Public Service Commission may be contacted at (800) 782-1110, on any day,
Monday through Friday, except holidays, between the hours of 9:00 a.m. and 4:30 p.m. The 800
telephone numbers listed above are toll free for any call made within Pennsylvania. In addition to
providing assistance or advice in negotiating a payment plan, Pennsylvania Public Service Commission
can give you information on ho~,~: to submit a dispute.
EXHIBIT B
AUGUST 29, 2001, LETTER
P.O. Box 7271, Mechanicsburg, PA 17050
Post-It'" brand fax transmittal memo 7671
co. co.
717
Via Facsimile to 570-300-2930
Janet Renna
Adelphia Business Solutions
1180 Sathers Drive
Pittston, PA 18643
August 29, 2001
' Dear Ms. Renna:
This is to confirm your statement earlier today to Mr. Jones that Adelphia would Oot be turning
off the service to Account Number 100-583-0348 as stated in your warning notice of August 15,
2001.
Also, as we discussed, here is a list of the payments made by PAnetwork on its 3 accounts since
the beginning of June:
Account Number 100-583-0348 (the BIG one):
6/ 7/01 Chk #8260 $2,000.00
8/15/01 Chk #16 $3,000.00
Account Number 100-583-0032
(the OLD one):
6/ 7/01 Chk #8261 $ 500.00
7/ 8/01 Chk#8341 $ 900.00
8/15/01 Chk #18 $ 500.00
Account Number 100-583-0548
(the Voice lines):
6/ 6/01 Chk#8258 $ 725.97
7/ 8/01 Chk#8340 $ 351.65
8/15/01 Chk #19 $ 169.53 (now current)
As I mentioned to you, the owners of the company left for an extended business trip to Texas on
July 9th, and have been trying to keep on top of their various bills from there. Regrettably, some
delays in payment hav~ therefore occurred.
Attached is a copy of the 1/20/01 bill for Acct. # 100-583-0348, showing as circled the charges that
we disputed ($2,333.24, $999.96, and I believe the first of the two $708.31 charges). They were
charges associated with a PPI that we never had. After our meeting in April, we were waiting for
the credits to be reflected on a subsequent invoice, but as far as I know, they were not. Please
send me copies of the bills on this account from 1/20/01 to present, so that I can get a handle on
the status of this account.
A person from Adelphia was also supposed to come out to our facility to try to figure out why we
were being charged for 1300 local outgoing calls per month, when these lines were just to be
inbound numbers hooked to computers. To the extent that a voi~e line was still associated with
this account, we could not fathom that our one employee could be making that many calls in a
month. Nobody from Adelphia has been to our facility to perform this check.
Mr. Jones called Adelphia sometime in early June, and requested that they cancel one of our PRIs.
This has not been reflected on the bills, nor do I believe that it has been done.
We have been trying for quite some time (with Jennifer Gannett of Adelphia's Mechanicsburg
office) to reconcile this account's billings, and arrange a mutually acceptable payment plan. We
look forward to working with you in order to resolve this. If you have any questions, please call
me at 717-703-0000.
General Manager
PAnetwork
EXHIBIT C
SEPTEMBER 5, 2001, FACSIMILE
SEP-05-2001 WED 10:24 ~M ~DELPBI~ BUSINESS SLTNS F~× NO, 5?0 300 2@30 P. O1
SOLUTIONS
I Tota, I pa~ies
TO KAREN MAY
Phone
Fax 7176120103
REMARKS [] Urgent
COPIES OF ACCT t00-583-0348
[] For your review
FROM JANET RENNA
Phone 570-300-2902
Fax 570-300-2930
[] Reply ASAP [] Please comment
SEP-05-2001 WED 10:31 AM ADELPHIA 8USINESS SLTNS
FAX NO, 570 300 2930
ACCOb%~T NlJliBER
BILL DATE
?. 02
100-583-0348
01/20/01
BILLING DETAIL
, , ' , ' '" Current,Account Activity
Balnnce From Previeu~ Moati~
Payment 01/12/01 ............ ~ ....
Ctlrl'e~ 'Basic Telephone Service
~rren~ Local ~.llms Service - ~ee Page 3 . .' '
Carren~ ~ount Due by. 08/07/01 "
Detail of Curreat Basic Telephone
Service for Period: 01/20/01 - 02/19/01
e~! B Channel i~ ,00
Term. I66 ,00
Intfc, 4 114.00
~tem Term, 4 266.00
be lntfc. 1~~, 120,00
Lnc MR 280,00
.00
I ine Charge
eq. Trunk Itun~in~ 1~ 4.81
irtuaI.pots line , .00
~ Line FR ~' 85.00
1 .00
Line MR 4 10.§0
TOTAL SERVt6E
~rvice
o~ Other CH. rges. and Credits
Intfc. 06/ll~A~01/19
Term. 05/10 TO 01/19
p~t~ line 05/10 T0 01/19
~ E~ehan~e 0§/I0 TO 01/19
TOTAL S~RVICE CHARGES
OTI~R C~ESANDCI~t~
~911 Surcharge
A Grose Receipts Tax
Federal Ta× 3.00%
State Tax 6.00%
PA Relay Service Syetem Sarchg
To,al Basic ~e!ephone Char~es
D~tail. o£'Loeal Measured Service "' '
Time or Day Class
17,176.18
3,363.78
13,812.40
8,888.O5
47.77
' 8,9@5,82
22,748,22
.00
.00
456.00
1,064.00
96, ~00 :i',
17o:oo
42. O0 ~.
B, 028.20
000- 001 - Ot 1 ~
ooo-oo,.o,,,
T~L 6~'8 4,749.82
3,028.2~
4 749.82
1~. 75
388~ 90
233.90
466.68
1.80
8,888,05
EXHIBIT D
SEPTEMBER 5,2001, EMERGENCY MESSAGE
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Wed 05-Sep-01 05:10p
Wed 05-Sep-01 05:10p BQ TAKEN
{TO:(BILL1NG)KAREN }
{IFROM:JANET/ADELPHIA I}SPELL
{IUSER NAME: I}SPELL
{IPH#:(570)300-2902 I}
***(REPEAT NUMBER WITH AREA CODE! !)***
{IMSG:IS E/R NEEDS TO SPEAK TO YOU
ASAP
PLEASE CALL NO OTHER MESSAGE
I}
CALLER ID:
0000083703
Robert F/ay May and May From: 09/06/01 9:2232 ~age 2 of 4
Seqt bythe Award Winning Cheyenne Bitware
I verify that the facts set forth in this Complaint are true and correct to the beet of my
knowledge o~ ~nformati~n and belief. Thie verifi~ation is made ~bject t0 ~he ~enaltlee of
Section 4904 of the Crimes Code (18 Pa.C.$. 4904) relating to un,worn falsifications to
I would like to add the fact that on Aug 28, 2001 Janet Renna aesured me =hat the dleconnect
me an email confirming this statement which I have never received.
Daniel M. Joffa~" p~ se~dent, PA Network
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, INC.
doing business as "PA NETWORK"
and "THE PENNSYLVANIA
NETWORK", a Pennsylvania
business corporation
Plaintiff,
V.
ADELPHIA BUSINESS
SOLUTIONS OF PENNSYLVANIA,
INC., a Delaware business
corporation, and JOSEPH
RODRIGUEZ, an Individual
CIVIL DIVISION
NO.:
Defendants
DECREE
And now to wit, this 6th day of September, 2001, upon consideration of the within
Petition for Preliminary Injunction it is hereby Ordered, Adjudged and Decreed that
neither Adelphia Business Solutions of Pennsylvania, Inc., nor Joseph Rodriguez, shall
terminate PA Network's telephone service (or in the event that either has already
terminated PA Network's telephone service, they shall reconnect without charge such
telephone service) until such time as Adelphia Business Solutions of Pennsylvania, Inc.,
negotiate with PA Network a reasonable payment plan and PA Network shall have
exhausted its appeals, including informal and formal complaints, with the Pennsylvania
Public Service Commission; Adelphia Business Solutions of Pennsylvania, Inc., and
Joseph Rodriguez are further enjoined from terminating PA Network's telephone service
(or in the event that either has already terminated PA Network's telephone service, they
shall reconnect without charge such telephone service) until further order of this Court; a
hearing on this Petition is scheduled for the day of September, 2001 at
__.M. before the Motions Judge of this Honorable Court; no bond shall be posted by the
Plaintiff in this action, as Defendants' will suffer no harm by Plaintiff's request for relief.
By the Court,
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, INC. doing
business as "PA NETWORK" and "THE
PENNSYLVANIA NETWORK", a
Pennsylvania business corporation
Plaintiff,
CIVIL DIVISION
PETITION FOR PRELIMINARY
INJUNCTION
ADELPHIA BUSINESS SOLUTIONS OF
PENNSYLVANIA, INC., a Delaware
business corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
Filed on Behalf of Plaintiff:
Counsel of Record for Plaintiff:
ROBERT C. MAY, ESQUIRE
Pa I.D. #65602
THE LAW FIRM OF MAY & MAY, P.C.
3438 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 612-0102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, INC.
doing business as "PA NETWORK"
and "THE PENNSYLVANIA
NETWORK", a Pennsylvania
business corporation
Plaintiff,
.CIVIL DIVISION
PETITION FOR PRELIMINARY
INJUNCTION
ADELPHIA BUSINESS
SOLUTIONS OF PENNSYLVANIA,
INC., a Delaware business
corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
PETITION FOR PRELIMINARY INJUNCTION
To the Honorable Judges of said Court:
Your Petitioner, Anyware Computers, Inc., by its attorneys The Law Firm of May & May, P.C.
and Robert C. May, Esquire, respectfully represent that:
The Plaintiff, Anyware Computers, Inc., hereinafter "PA Network", is a Pennsylvania
business corporation with a principal business address of 3216 Trindle Road, Camp Hill,
Pennsylvania.
The Defendant Adelphia Business Solutions of Pennsylvania, Inc., hereinafter
"Adelphia", is a Delaware business corporation, which does business in Cumberland
County, Commonwealth of Pennsylvania.
The Defendant Joseph Rodriguez is a Pennsylvania resident and a General Manager of
Defendant Adelphia.
PA Network was incorporated in Pennsylvania on February 13, 1995, and is in the
business of providing dial-up Internet access to the residents of Cumberland County,
Southern Dauphin County, Southern Perry County, Western Lebanon County, and
Northern York County, and has provided such dial-up Internet access continuously from
May 1, 1997, through the date hereof.
10.
11.
12.
13.
At all relevant times, Plaintiffhas subscribed to Defendant Adelphia's "Basic Telephone
Service" providing the subscriber's to Plaintiff's dial-up Internet service with the seven
(7) dial-up access numbers which Plaintiff's subscriber's can call to connect to the
Plaintiff's computers, and through Plaintiff's computers, to the Internet. Plaintiff has no
other telephone company that provides this service, and will not be able to replace
Defendant Adelphia's service unless given adequate time to find another provider.
At all relevant times, Plaintiffhas paid undisputed charges by Defendant Adelphia or in
lieu of payment has offered to make installment payments for Defendant Adelphia's
"Basic Telephone Service," pursuant to billing statements generated monthly by
Defendant Adelphia.
On numerous occasions, Plaintiff has met with and/or spoken on the telephone with
numerous representatives of Defendant Adelphia regarding various overcharges and
other billing discrepancies. By way of example, Defendant Adelphia charged Plaintiff
for outgoing telephone calls on lines which were set up as incoming only telephone calls
incapable of making an outgoing telephone call.
On or about August 15,2001, Defendant Adelphia notified Plaintiff by letter, a copy of
which is attached hereto, made part hereof and marked Exhibit "A", that its account was
past due and would be terminated.
As soon as Plaintiff received said August 15,2001, Plaintiff diligently and systematically
began telephoning Defendant Adelphia's Billing Manager, Janet Renna, to clear up the
matter and take care of the dispute.
Pursuant to the aforesaid August 15,2001, letter, Plaintiff contacted Defendant
Adelphia's Billing Manager, Janet Renna, as instructed by the letter, by telephone on
various dates, as well as by letter dated August 29, 2001, a copy of which is attached
hereto, made part hereof and marked Exhibit "B", to inquire about the Plaintiff's various
disputes with the charges made to Plaintiff by Defendant as well as to arrange for a
payment plan as set forth in the August 15, 2001, letter. As set forth in the August 29,
2001, letter, Janet Renna confirmed that Defendant Adelphia would not be terminating
the telephone service.
Defendant Adelphia's Billing Manager, Janet Renna, in addition to the conversations set
forth in the August 29, 2001, letter, was contacted by telephone on or about 10:00 a.m.
on Wednesday, September 5, 2001, by the Plaintiff's General Manager, Karen May, at
which time Janet Renna assured the Plaintiff's General Manager, Karen May, that
Defendant Adelphia's service would not be terminated and that efforts would be made by
Janet Renna to correct the overcharges to Plaintiff and negotiate a payment schedule.
Defendant Adelphia's Billing Manager, Janet Renna, in addition to the September 5,
2001, telephone conversation at 10:00 a.m., sent to Plaintiff' s General Manager, Karen
May, on September 5, 2001, at exactly 10:24 a.m., a facsimile showing credits that Janet
Renna marked for Karen May's review in the approximate amount of $4,000, a copy of
the page from the facsimile showing credits is attached hereto, made part hereof and
marked Exhibit "C".
In reliance upon the oral statements made by Defendant's General Manager, Janet Renna,
in previous telephone conversations and on September 5, 2001, and encouraged by the
credits marked by Janet Renna on September 5,2001, which credits were reasonably
interpreted to mean that Defendant Adelphia would acknowledge its past billing errors
and make arrangements for a reasonable payment plan with Plaintiff as expressed by
Janet Renna on September 5,2001, and previously, Plaintiff did not call the Pennsylvania
Public Service Commission as set forth in the August 15, 2001, letter, which would have
allowed Plaintiff to obtain relief from the termination of service, negotiate a reasonable
payment plan, and complain both formally and informally about the overcharges and
unreasonable termination threatened by Defendant Adelphia.
14. As set forth in the August 15, 2001, letter, Plaintiff refrained from contacting the
Pennsylvania Public Service Commission without prior discussion with Defendant
Adelphia's Billing Office, and justifiably believed that Adelphia would make good on its
Billing Manager's representations regarding correcting overcharges and arranging a
reasonable payment schedule for actual charges due.
15. At 4:30 p.m. on September 5,2001, the Pennsylvania Public Service Commission ended
its normal business hours, and at 5:00 p.m. on September 5,2001, Plaintiff ended its
normal business hours.
16. At exactly 5:10 p.m. on September 5, 2001, Defendant Adelphia's Billing Manager, Janet
Renna, called Plaintiff's business telephone and left a message marked "emergency" a
copy of which is attached hereto, made part hereof and marked Exhibit "D", for
Plaintiff's General Manager, Karen May.
17. Shortly after receiving the emergency telephone message, Plaintiff's General Manager,
Karen May, called Defendant Adelphia's Billing Manager, Janet Renna, who told Karen
May that, notwithstanding her previous representations, Defendant Adelphia would
nonetheless be terminating Plaintiff's telephone service on Thursday, September 6, 2001,
between the hours of 8:00 a.m. and 4:00 p.m.
18. Defendant Adelphia's Billing Manager, Janet Renna, indicated that she was relaying the
message of Defendant Joseph Rodriguez, who is a General Manager at Defendant
Adelphia.
19. Defendants Adelphia and Joseph Rodriguez have acted in bad faith in violation of the
letter and spirit of Pennsylvania law, and the standards of fair dealing commonly
recognized in and among Pennsylvania's business community.
20. As a result of said bad faith, and lack of fair dealing, Plaintiff's ability to provide dial-up
access Intemet service to its customers was terminated with the termination of Plaintiff's
telephone service by Defendant Adelphia acting through Defendant Joseph Rodriguez at
the hour of 8:00 a.m. September 6, 2001.
21. Said termination of Plaintiffs dial-up Intemet access service will almost certainly result
in the abandonment, likely permanently, by Plaintiff's customers to Plaintiff's
competitors, and will effectively shut-off completely Plaintiff's ability to earn any
revenue.
22. If Defendant Adelphia and Defendant Joseph Rodriguez are allowed to terminate
Plaintiff's dial-up Intemet access service prior to Plaintiff obtaining an opportunity to
appeal to the Pennsylvania Public Service Commission as provided for by law and as set
forth in Defendant Adelphia's August 15,200 I, letter to Plaintiff, Plaintiff will suffer
irreparable injury in that it will lose nearly all its customers and revenues regardless of
whether Plaintiff's appeal to the Pennsylvania Public Service Commission succeeds.
23.
24.
25.
26.
Since Plaintiff services the community with Intemet service, the destruction of Plaintiff's
business would eliminate a local competitor in the marketplace to the detriment of the
community which benefits from having local alternatives for Intemet access.
The conduct of the Defendants as to the Plaintiff constitute unfair competition, tortious
interference with Plaintiff's contractual relations with its customers, fraud, and
oppression under the common law, and under Pennsylvania statutes as interpreted by
Chapters 3 and 5 of the Title 52 of the Pennsylvania Code, the conduct of Defendant
effectively denies Plaintiff its ability to pursue the informal and formal complaint process
before the Pennsylvania Public Service Commission.
The Plaintiff has no adequate remedy at law.
This petition is brought on an emergency basis because of the imminence of said
proposed termination and the Plaintiffs inability to safeguard its rights without an
immediate injunction.
Plaintiffprays this Honorable Court:
A. Enjoin the Defendants from terminating Plaintiff's telephone service and
order Defendants to reconnect without charge such telephone service until
such time as Defendant Adelphia negotiates with Plaintiff a reasonable
payment plan and Plaintiff has exhausted its appeals, including informal
and formal complaints, with the Pennsylvania Public Service Commission;
B. Enjoin the Defendants from terminating PlaintiWs telephone service and
order Defendants to reconnect without charge such telephone service until
further order of this Court; and/or
C. Grant the Plaintiff such other relief as the Court may deem appropriate.
Respectfully submitted,
THE LAW FIRM OF MAY & MAY, P.C.
Robert C. May
EXHIBIT A
AUGUST 15, 2001, LETTER
Adelphla Business Solutions of Pennsylvania, Inc.
5095 Ritter Road, Suite101
Mechanicsburg, PA 17055-6921
877-497-2666
WARNING: THIS IS TO NOTIFY YOU THAT YOUR TELEPHONE SERVICE IS ABOUT TO
BE DISCONNECTED. PLEASE READ THIS ENTIRE NOTICE. IT TELLS YOU WHAT TO
DO TO AVOID BEING DISCONNECTED. IF THERE IS ANYTHING YOU DO NOT
UNDERSTAND CALL US IMMEDIATELY AT THE BUSINESS OFFICE NUMBER SHOWN
ABOVE.
Date: Auqust 15, 2001
Customer: PA Networks
Address: P.O. Box ~271
Mechanicsburq, PA 17050
Account Number: 100-583-0348
Amount Past Due: $ 34,630.63 as of Auqust 15, 2001
1. Your account is past due and service will be disconnected for nonpayment without further notice on
September 6, 2001 between the hours of 8:00 a.m. and 4:00 p.m.
2. To avoid disconnection please make payment in full or follow one of the steps shown on page two
of this notice before the following date, September 5, 2001 ..
3. A reconnection charge of $101.03 for the first line and then $77.40 for each additional line will be
charged if your service is interrupted then reconnected.
4. In #3 above, a deposit equal to one month's average bill may be required.
Please ~end your payment now along with the payment page of your bill or this notice to our Billing
Manager at:
Adelphia Business Solutions
Attention: Janet Renna
1180 Sathers Drive
Pittston, PA 18643
If you are in need of assistance with payment of your bill, please call your service representative, toll
free, for further info#~ation at 877-497-2666 or visit our office located at 5095 Ritter Road, Suite 101
Mechanicsburg, PA 17055-6921 Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.
If you have already mailed payment in advance of the termination date and confirmed our
receiPt of payment by the due date, please disregard this notice.
PENNSYLVANIA CUSTOMERS
Your service will be disconnected unless you take one of the following steps before the date shown in
#2 on page one:
1. Pay your bill in full; OR
2. Make an agreement acceptable to us to pay the amount past due over a period of time; OR
3. For Residence Accounts: Advise us that you will, within seven (7) days present us with a statement
from a doctor certifying that disconnection will result in an immediate and serious health hazard to you
or another person now living in your household. Use of the doctor's certification to prevent
disconnection or to cause reconnection of telephone service is limited to two (2) consecutive 30-day
periods and shall not exceed three (3) 30-day periods in any calendar year except upon a written order
of the New York Public Service Commission; OR if you deny. that your account is overdue by more
than $50, submit ~the dispute to the Public Service Commission and obtain a Public Service
Commission Order prohibiting disconnection.
4. For Business Accounts: If you deny' that your account is overdue, submit the dispute to
Pennsylvania Public Service Commission and obtain a Public Service Commission Order prohibiting
disconnection.
If you cannot pay your overdue bill in full, but you can repay on installments, we will negotiate with you
a reasonable plan for paying it over time. After discussing such a plan with us, if you do not believe our
terms to be reasonable, you may call the Pennsylvania Public Service Commission. The Public Service
Commission can give you advice and may be able to give you assistance in conducting further
negotiations. Information on how to contact the Public Service Commission is shown below. A request
should not be made to the Public Service Commission without prior discussion with our Billing Office. If
you wish to discuss this matter with us, or if you wish to ask any questions or make any complaint,
please contact our Billing Office at the telephone number shown on the face of this notice on any day,
Monday through Friday, except holidays, between the hours of 9:00 a.m. and 5:00 p.m.
The Pennsylvania Public Service Commission may be contacted at (800) 782-1110, on any day,
Monday through Friday, except holidays, between the hours of 9:00 a.m. and 4:30 p.m. The 800
telephor~e numbers listed above are toll free for any call made within Pennsylvania. In addition to
providing assistance or advice in negotiating a payment plan, Pennsylvania Public Service Commission
can give you information on how to submit a dispute.
EXHIBIT B
AUGUST 29, 2001, LETTER
P.O. Box 7271, Mechanicsburg, PA 17050
Post-ItTM brand fax transmittal memo 7671
o.,,. '"°"'*
Via Facsimile to 570-300-2930
Janet Renna
Adelphia Business Solutions
1180 Sathers Drive
Pittston, PA 18643
August 29, 2001
Dear Ms. Rerma:
This is to confirm your statement earlier today to Mr. Jones that Adelphia would ~3ot be turning
off the service to Account Number 100-583-0348 as stated in your warning notice of August 15,
2001.
Also, as we discussed, here is a list of the payments made by PAnetwork on its 3 accounts since
the beginning of June:
Account Number 100-583-0348 (the BIG one):
6/ 7/01 Chk #8260 $2,000.00
8/15/01 Chk #16 $3,000.00
Account Number 100-583-0032
(the OLD one):
6/ 7/01 Chk #8261 $ 500.00
7/ 8/01 Chk#8341 $ 900.00
8/15/01 Chk #18 $ 500.00
Account Number 100-583-0548
(the Voice lines):
6/ 6/01 Chk #8258 $ 725.97
7/ 8/01 Chk#8340 $ 351.65
8/15/01 Chk #19 $ 169.53 (now current)
As ! mentioned to 7ou, the owners of the company left for an extended business trip to Texas on
July 9m, and have been trying to keep on top of their various bills from there. Regrettably, some
delays in payment hav~ therefore occurred.
Attached is a copy of the 1/20/01 bill for Acct. # 100-583-0348, showing as circled the charges that
we disputed ($2,333.24, $999.96, and I believe the first of the two $708.31 charges). They were
charges associated with a PRI that we never had. After our meeting in April, we were waiting for
the credits to be reflected on a subsequent invoice, but as far as I know, they were not. Please
send me copies of the bills on this account from 1/20/01 to present, so that I can get a handle on
the status of this account.
A person from Adelphia was also supposed to come out to our facility to try to figure out why we
were being charged for 1300 local outgoing calls per month, when these lines were just to be
inbound numbers hooked to computers. To the extent that a voice line was still associated with
this account, we could not fathom that our one employee could be making that many calls in a
month. Nobody from Adelphia has been to our facility to perform this check.
Mr. Jones called Adelphia sometime in early June, and requested that they cancel one of our PRIs.
This has not been reflected on the bills, nor do I believe that it has been done.
We have been trying for quite some time (with Jennifer Gannett of Adelphia's Mechanicsburg
office) to reconcile this account's billings, and arrange a mutually acceptable payment plan. We
look forward to working with you in order to resolve this. If you have any questions, please call
me at 717-703-0000.
General Manager
PAnetwork
EXHIBIT C
SEPTEMBER 5, 2001, FACSIMILE
SEP-05-200] NED ]0:24 ~N ~DELPHIg BUSINESS SLTNS FA× NO, 570 300 2930 P. Ol
-Adelphia
BUS/NEE;.?. SOLUTIONS
I Totalpages
TO KAREN MAY
Phone
Fax 7176120103
CC
REMARKS I-'l Urgent
COPIES OF ACCT t00-~83-0348
FROM JANET RENNA
~hone 570-300-2902
Fax 570-300-2930
[] For your review [] Reply ASAP [~ Please comment
SEP-O6-2001 WED 10:31RM RDELPHIR BUSINESS SLTN$
A de hia
NO, 570 300 2930
ACCOUNT NUMBER
BILL DATE
?. 02
PAOB 8
100-B88-0348
O1/iO/Ol
BILLING DETAIL
'' '" "' Current,Account Activity
Balance From Previous ltoath . ,
Paymen~ 01/22/01 ........
· 6v S A roi '
~U~rent 'Basic TeJephone Service ~ See P~3' :
~urren~ I,oca] ~.ll~ng Service - eec Page '3 . ,,
for Period~
Term. 166 , O0
· O0
Iht fo, 4 114.00
Term, 4 266.00
~ary P~.te lntfc. ~. 120.00
ness Line MR 280,00
'al Line Chac e t
, . g .00
3 rank Ituat~n~ 122i 4.81
pots line , .00
s Line ~
~ Line ~ 4 .00"
10.
TOTAL SERVICE
o¢ Other C~rges. and ~redits
~ Intro. 06/~01/19
Term. 05/10 TO
01/19
line 05/~0 TO 01/19
ge 06/10 TO 01/19
Current Amount Due by. 03/07/01
Detail of I~rrent Basic Telephone Service
01/20/01 - 02/19/01
TOTAL SERVICE CHA~am~
OTHER C]SARGES
~911 Surcharge .......
.A Gross Receipts Tax
rgder%~ Tax 3.00%
$:ate lax 6.00%
PA Relay Service System Sarchg
To~al Basic Telephone Char~es
3,363 78
13,812140
8,888.06
47.77
8,985,82
22,748.22
.00
' 456,00
1,064,
360
840
.00
170.00
,00
42,
3,028.20
ooo-ool.om
ooo.ooi.o,,1
717- 214- 9669
7~7-2Z4-9~6~
TOT~' ~CC' $ 4,749,82
'"" ' Detaii'"~f'(~rrent L°caiT.,'Calli~ ~rvice. ,"
D~tail, of' ~cal ~easu'red Service ", '
' , ~tn Number: 717-975-5100
Timo of Day Clais
3,~,~8.20
4,719.82
18.75
888,90
233.90
466.68
8,888.05
EXHIBIT D
SEPTEMBER 5,2001, EMERGENCY MESSAGE
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Wed, 5 Sep 2001 17:31:34 -0400
DATE: Wed, 5 Sep 2001 17:02:02 -0500
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From: appletree~mvenet.com (Appletree Answering SerVice)
Subject: Your Messages
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Wed 05-Sep-01 05:10p
Wed 05-Sep-01 05:10p BQ TAKEN
{TO:(BILLING)KAREN }
{ IFROM:JANET/ADELPHIA I}SPELL
{]USER NAME: I} SPELL
{]PH#:(570)300-2902 [}
***(REPEAT NUMBER WITH AREA CODE! !)***
{]MSG:IS E/R NEEDS TO SPEAK TO YOU
ASAP
PLEASE CALL NO OTHER MESSAGE
I}
CALLER ID:
.......... 0000083703:
To Robert. May May ~nd May From: 09/06/01 9:2306 Page 3 of 4
Sent bythe Award Winmng Cheyenne Bit\rare
V]SRI FICATI ON
I verify that the facts set forth in this Petition are true and correct to the best uf my
knowledge er information and belief. This verification is wade subje~ tQ the penalties of
Section 4904 of the Crimes Code (18 Pa.C.$. 4904} relating to unsworn fals±ficatlons to
authorities.
I would like to add the fact that on Aug 28, 200[ Janet Renna assured me that the disconnect
notice we had received was sent in error and that I should ignore it. ~he said sh~ would send
me a~ email confirming thie statement which I have never received.
Daniel M. Jones,~-~resldent, PA Network
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, INC.
doing business as "PA NETWORK"
and "THE PENNSYLVANIA
NETWORK", a Pennsylvania
business corporation
Plaintiff,
ADELPHIA BUSINESS
SOLUTIONS OF PENNSYLVANIA,
INC., a Delaware business
corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
CIVIL DIVISION
No.~
DECREE
And now to wit, this 6th day of September, 2001, upon consideration of the within
Petition for Preliminary Injunction it is hereby Ordered, Adjudged and Decreed that
neither Adelphia Business Solutions of Pennsylvania, Inc., nor Joseph Rodriguez, shall
terminate PA Network's telephone service (or in the event that either has already
terminated PA Network's telephone service, they shall reconnect without charge such
telephone service) until such time as Adelphia Business Solutions of Pennsylvania, Inc.,
negotiate with PA Network a reasonable payment plan and PA Network shall have
exhausted its appeals, including informal and formal complaints, with the Pennsylvania
Public Service Commission; Adelphia Business Solutions of Pennsylvania, Inc., and
Joseph Rodriguez are further enjoined from terminating PA Network's telephone service
(or in the event that either has already terminated PA Network's telephone service, they
shall reconnect without charge such telephone service) until further order of this Court; a
hearing on this Petition is scheduled for the day of September, 2001 at
.M. before the Motions Judge of this Honorable Court; no bond shall be posted by the
Plaintiff in this action, as Defendants' will suffer no harm by Plaintiff's request for relief.
By the Court,
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and
correct copy of the foregoing Complaint and Petition has been
served upon the person(s) named below at the address(es) shown
below by depositing the same in the United States certified mail,
return receipt requested, with first-class postage prepaid:
Joseph Rodriguez
1180 Sathers Drive
Pittston PA 18648
Adelphia Business Solutions of Pennsylvania,
Inc.
c/o Corporation Service Company
2704 Commerce Drive, Suite B
Harrisburg PA 17110
Dated: September 6, 2001
THE LAW FIRM OF MAY & MAY, P.C
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, INC. doing
business as "PA NETWORK" and "THE
PENNSYLVANIA NETWORK", a
Pennsylvania business corporation
Plaintiff,
CIVIL DIVISION
No.: 01-5246
PETITION FOR PRELIMINARY
INJUNCTION
ADELPHIA BUSINESS SOLUTIONS OF
PENNSYLVANIA, INC., a Delaware
business corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
PRAECIPE TO WITHDRAW PETITION
To the Honorable Judge of this Court:
Please withdraw without prejudice the above-captioned Petition for Preliminary
Injunction and cancel the hearing scheduled for Monday, September 10, 2001, 8:45 a.m., as the
Defendant's phone service was reconnected by the Defendant Adelphia upon payment of $5,000
by Plaintiff to Defendant Adelphia. The Complaint in Equity remains pending completion of the
matter under commercially reasonable standards.
Respectfully submitted,
THE LAW FIRM OF MAY & MAY, P.C.
c.
Robert C. May
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and
correct copy of the foregoing Praecipe to Withdraw Petition has
been served upon the person(s) named below at the address(es)
shown below by depositing the same in the United States mail,
with first-class postage prepaid:
Joseph Rodriguez
1180 Sathers Drive
Pittston PA 18643
Adelphia Business Solutions
of Pennsylvania, Inc.
c/o Corporation Service Company
2704 Commerce Drive, Suite B
Harrisburg PA 17110
Dated:
September 7, 2001
THE LAW FIRM OF MAY & MAy,
Robert C. May
P.C
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANYWARE COMPUTERS, INC. doing
business as "PA NETWORK" and "THE
PENNSYLVANIA NETWORK", a
Pennsylvania business corporation
Plaintiff,
CIVIL DIVISION
No.: 01-5246
Vo
COMPLAINT IN EQUITY
ADELPHIA BUSINESS SOLUTIONS OF
PENNSYLVANIA, INC., a Delaware
business corporation, and JOSEPH
RODRIGUEZ, an Individual
Defendants
PRAECIPE TO WITHDRAW COMPLAINT
To the Honorable Judge of this Court:
Please withdraw without prejudice the above-captioned Complaint in Equity as the
parties have agreed to an unwritten payment plan.
Respectfully submitted,
THE LAW FIRM OF MAY & MAY, P.C.
Robert C. May
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and
correct copy of the foregoing Praecipe to Withdraw Complaint has
been served upon the person(s) named below at the address(es)
shown below by depositing the same in the United States mail,
with first-class postage prepaid:
Joseph Rodriguez
1180 Sathers Drive
Pittston PA 18643
Adelphia Business Solutions
of Pennsylvania, Inc.
c/o Corporation Service Company
2704 Commerce Drive, Suite B
Harrisburg PA 17110
Dated: May 23, 2002
THE LAW FIRM OF MAY & MAY, P.C.
Robert C.