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Home My WebLink About06-3164 . \ ToddJ,Shill,Esqurre Attorney I.D, No. 69225 Cory A. Iannacone, Esquire Attomey I.D, No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Computer Support, Inc, COMPUTER SUPPORT, INC., : IN THE COURT OF OMMON PLEAS OF : CUMBERLAND CO Y, PENNSYLVANIA Plaintiff v. : NO. ()(,. 3/t. 'f JCT TRANSPORT, INC., Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defen against the claim set forth in the following pages, you must take action within twenty (20) da s after this Complaint and Notice are served, by entering a written appearance personally 0 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 an a judgment may be entered against you by the court without further notice for any money clai ed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose oney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYE AT ONCE. IF YOU DO NOT HAVE A LAWYER OR YOU CANNOT AFFORD ONE, GO 0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA ION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 .- . AVISO USTED HA SIDE DEMANDADO/A EN CORTE. Si ust d desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, ebe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta D anda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas ui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe teriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamad en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser d ctado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 p opiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A V GUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA ION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Todd J, Shill, Esquire Attorney I.D. No, 69225 Cory A. Iannacone Attorney I.D, No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O, Box 1146 Harrisburg, PAl 7 I 08. I 146 (717) 233.5731 Attorneys for Computer Support, Inc, COMPUTER SUPPORT, INC., IN THE COURT OF OMMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA : NO. 0 G, - 3ft. ~ Plaintiff v. JCT TRANSPORT, INC., Defendant COMPLAINT NOW COMES Plaintiff Computer Support, Inc. ("Plaintiff' "CSI"), by and through its 1. CSI is a business corporation organized and existing un the laws of Pennsylvania attorneys, Rhoads & Sinon LLP, and files the within Complaint and ers as follows: with a business address of P.O. Box 2429, Mechanicsburg, Pennsylv ia, 17055-2429. 2. CSI is a provider of computer software for the trucking i dustry. 3. Defendant JCT Transport, Inc. ("Defendant" or "JCT" is a business corporation organized and existing under the laws of Maryland with a business dress of 825 Philadelphia Road, Aberdeen, MD 21001. 4. JCT is engaged in the trucking business. 609040.1 5. On or about July 26,2005, CSI entered into a License d Support Agreement with JCT ("the Agreement"), whereby CSI agreed to license its CS .Road computer software (including Core Applications and Accounting modules) to JCT for license fee of $25,000.00. (A true and correct copy of the Agreement is attached hereto as "Ex 'bit A".) 6. As part of the Agreement, CSI agreed to provide consul ing and services including, but not limited to, initial operating software setup and/or prepar tion of cost estimates for software modifications, at an hourly rate of $95.00 for training and $125.00 for technical services. (Agreement' 2.2.) 7. Pursuant to the Agreement, JCT was obligated to pay annual charge of eighteen percent (18%) of the license and modification fees for license and ontinuing support services provided by CSL (Agreement' 3.1.) 8. After signing the Agreement, pursuant to JCT's request, SI set up software for JCT which resulted in JCT incurring general support charges. 9. Thereafter, JCT purposefully failed to satisfy the follo . g invoices for license fees and consulting and support services performed by CSI: Invoice # Date of Invoice Amount of Invoice 6980 09/22/2005 $ 23.75 7005 09/28/2005 $ 2,500.00 7033 10/08/2005 $ 205.20 7059 10/11/2005 $ 87.40 7075 10/22/2005 $ 4,500.00 7164 11/06/2005 $ 2,500.00 7218 11/21/2005 $ 2,500.00 7382 01/01/2006 $ 2.500.00 TOTAL $14,816.35 -2- (A true and correct copy of the invoices are collectively attached here 0 as "Exhibit B".) 10. Invoices numbered 7005, 7164, 7218, and 7382 are for e outstanding balance from the $25,000.00 licensing fee. 11. Invoices numbered 6980, 7033, and 7059 are for the gene al support incurred by JCT when CSI was setting up JCT's hardware, 12. All of the above invoices were provided to JCT, and SI has made requests for payment thereof. Specifically, on or about April 26, 2006, CSI sen a letter to JCT demanding that JCT satisfy the above invoices within the next ten (10) business days. (A copy of the April 26, 2006 letter is attached hereto as Exhibit "C".) 13, Despite CSI's requests for payment, JCT has failed and efused to satisfy in-full the above CSI invoices. COUNT I (Breach of Contract) 14. Paragraphs 1 through 13 are incorporated herein by refer nce. 15. Pursuant to the Agreement, CSI provided software to J T, and performed services for setting up JCT's hardware, and promptly invoiced JCT for all w k performed. 16. JCT has not paid CSI in full for the foregoing license fe s and work CSI performed, and CSI has been damaged as a result. - 3 - 17. JCT's failure to pay CSI constitutes a breach ofthe Agre ent. WHEREFORE, Plaintiff Computer Support, Inc. demands ju gment in its favor against Defendant JCT Transport, Inc. in the total amount of $14,816.35, t gether with interest, costs, reasonable attorneys' fees, and any other amount this Court deemsju and proper. COUNT II (Alternative Count - Account Stated) 18. Paragraphs 1 through 17 are incorporated herein by refer ceo 19. CSI sent JCT invoices detailing the amount of debt owed y JCT to CSI. 20. The invoices accurately reflect the amount due by J T to CSI pursuant to the 21. Despite CSI's demands for payment, JCT has failed refused to pay the entire Agreement along with the amounts reflecting the work performed b amounts due. WHEREFORE, Plaintiff Computer Support, Inc. demands j dgment in its favor against Defendant JCT Transport, Inc. in the total amount of $14,816.35, t gether with interest, costs, reasonable attorneys' fees, and any other amount this Court deems ju t and proper. COUNT III Alternative Count - Promisso 22. Paragraphs 1 through 21 are incorporated herein by refer nce. 23. JCT promised to pay CSI for its software licenses and se ices, as set forth above. -4- 24. CSI substantially performed all of its contractual ob igations to JCT, and has delivered to JCT proper invoices for payment. 25. It was reasonable for JCT to expect that its promise 0 pay for CSI's software licenses and services would induce CSI to provide the software I censes and to perform the services requested. 26. CSI relied upon JCT's promise to pay for CSI's softwar licenses and services, and CSI has fully performed. 27. JCT has benefited by failing to pay CSI $14,816.35, at th expense ofCSI. 28. Injustice will result if JCT's promise to pay CSI is not en orced. WHEREFORE, Plaintiff Computer Support, Inc. demands j dgment in its favor against Defendant JCT Transport, Inc. in the total amount of $14,816.35, t gether with interest, costs, reasonable attorneys' fees, and any other amount this Court deems ju t and proper. RHOADS & SINON L By: - Todd J. 11 Cory A. Iannaco e One South Mark t Square P. O. Box 1146 Harrisburg, PAl 108-1146 (717) 233-5731 Attorneys for Computer upport, Inc. Dated: June 2, 2006 - 5- EXHIBIT "A" 597441.1 LICENSE AND SUPPORT AGREEMENT This AGREEMENT (this "Agreement") made and effective as 0 the 2L day of JIi /1..' . 2005, (hereinafter referred to as the "Effective Date") is by and betw the JCT TRAN~ INC. , having a principal place of business at 825 Philadelphia R Aberdeen, MD., 21001 ("UCENSEE"), and Computer Support, Inc., a Pennsylvania Corporatio ("C.S.!."), having a place of business at 54 West Main Street, Mechanicsburg, Pennsylvania 17055 U.S.A. RECITALS WHEREAS, C.S.1. is the developer and owner of certain desi trade secret, trademark, tradename, applications processing and related necessary and useful in the design, production, and applications of a full and related material ("IP" rights) used and useful in managing all aspec and related industries, including its Motor Carriers software applicatio (also referred to herein as the "Licensed Program Materials"); engineering, fabricating, ntellectuaI property rights e of software packages of the trucking, shipping designated ''CSI.Road'' WHEREAS, C.S.!. possesses the further engineering and desi capability to provide to LICENSEE, on a regular and ongoing basis, all necessary specialty desi and technical support to enable and assist LICENSEE to install, utilize, customize and e the Licensed Program Materials, as well as to develop additional, related systems, and derivati es of existing programs as may be suitable for deployment in the trucking and common carrier by ad industry from time to time; WHEREAS, LICENSEE is engaged in the business of truc' , hauling and shipping by road in USA and within specific areas as serviced on the date hereof thr ugh truck terminals, each connected to LICENSEE'S server located in Aberdeen, MD.; WHEREAS, LICENSEE desires (a) to acquire from C.S.I. a Ii nse to use the Licensed Program Materials under the terms and conditions set forth in this Ii and support agreement (the "License Agreement'') and (b) to be supported by the contin . g services of C.S.1. in connection with Licensed Program Materials, including the application fknow-how, engineering, design and technical support from and through the C.S.!. staff and faciliti s; NOW TIIEREFORE, the parties to this Agreement, intending t be legally bound, and for good and valuable consideration, the sufficiency and receipt of whic is hereby acknowledged, hereby agree as follows: ARTICLE I LICENSE AND SUPPORT SERVICES 1.1. C.S.!. will furnish certain program materials and documen tion to LICENSEE, and hereby grants to LICENSEE, and LICENSEE accepts, a non ferable and nonexclusive license to use the Licensed Program Materials; provided, howe er, that such license shall not be deemed to apply to custom applications as may be speci ed in Annex A hereto and shall not include the release of any source codes to LICENSEE. Page 6 of 14 1.2 LICENSEE agrees with respect to the Licensed Program materials to accept the responsibility for (a) their selection to achieve LICENSEE'S ntended results, (b) their installation, (c) their use, and (d) the results obtained therefrom. 1.3 C.S.I. shall, in consideration of the servicing fees provided for in Article ill below, provide complete and continuing information, research, design and technical support and advice as may be requested from time to time by LICENS E concerning the design, refmement and application of Licensed Program Materials, inc uding the development of CoSo!. standard and special procedures, for application . th Licensed Designs. If LICENSEE subscribes to C.S.!.'s Continuing Support Pro , C.S.!. will provide to LICENSEE all technical upgrades and improvements as C. .!. may make upon the Licensed Program Materials from time to time for no additiona1license fees. 1.4 The applications licensed to LICENSEE are: Order Entry/Di . g, Freight Billing, Driver Settlement, Fuel and Mileage Reporting: Accounts ReceivableIPaya Ie, and General Ledger. 1.5 Specialized services may be provided from time to time by C. .!. upon request for such services by LICENSEE. The parameters of any such requested ervice shall be clearly set forth by LICENSEE, and may include joint research and d ve10pment of custom or specific applications as may be agreed to by C.S'.I. pursuant such request. By way of example, and not by way of limitation, specialized services IDa include computer-related consulting services including data conversion, application mo ifications and integration of programs with other related or unrelated business applicatio ARTICLE II CHARGES 2.1 The one-time licensing cliarge for the licensed use by the LIC SEE (5 registered users, 50 registered power units, and one registered federal tax 's)of the above-described licensed program materials shall be $25,000 including any down or pre-payment previously made. 2.2 Consulting services, including initial operating software setup d/or preparation of cost estimates for software modifications, shall be paid and pay Ie to C.S.I. for services requested at the hourly rate of$95 for training and $125 for tec 'cal services. Travel and living expenses are also charged as may be required by C.S.!. i order to provide services in the appropriate circumstances, including for set-up and tr . . ng work to be performed at LICENSEE'S premises in Aberdeen, MD., and shall be promptly reimbursed by LICENSEE upon notice by C.S.J. at the rate incurred. Delayed r withheld payments may result in application shutdown. C.S.!.'s additional fees (ArtieIe III) conunence on the 3 th day after delivery of CSI.Road to LICENSEE. It being further provided that personnel of C.S.!. assigned t service the account and systems of LICENSEE shall be selected at the reasonable di cretion of C.S.I. and that Page 7 of!4 neither LICENSEE nor any affiliate of LICENSEE shall ca e or allow such C.S.!. personnel to quit employment with C.S.!. and become employ by LICENSEE or any of its affiliates for a period of two years after the termination 0 this License Agreement unless a rmder's fee of no less than 50% of the first 12 months' ompensation package for such personnel shall also be paid to C.S.!. upon such hiring. 2.3 All payments to be made by LICENSEE to C.S.!. un.der this License ent shall be made to C.S.!. at its offices as indicated in the Notices section of this LicenSe Agreement or at such other location as C.S.I. may notify LICENSEE. All references to "do " or "$" shall be to lawful currency of the United States. 2.4 In addition to the charges specified under this Agreement, the ICENSEE agrees to pay amounts equal to any applicable taxes resulting from this L' ense Agreement, or any activities hereunder, exclusive of property taxes and taxes based n net income. ARTICLE ill ADDITIONAL FEES 3. 1 Annual charge of 18% of license and modification fees fi r license and continuing support services provided by C.S.!. The percent quoted is subj t to change on an annual basis. 3.2 Additional one-time license fees when numbers referenced in 'cle 112.1 are exceeded are as follows: $3,000 for each registered user $250 for each registered power unit $7,500 for each additional company LICENSEE agrees to keep complete and accurate records of determination and computation of royalties (number of users) and records to be examined to verify their validity after reasonabl examination shall be condu<;ted at the expense of c.s.I. by acco acceptable to LICENSEE. CONFIDE ARTICLE IV PROPRIETARY RIGHTS' INn I data necessazy for the agrees to permit such notice from C.S.!., such designated by C.S.I. and TON 4. I C.s.L represents and wammts to LICENSEE: (a) That it owns the entire right, title and interest in and to the Licensed Program Materials, including, without limitation, the IP rights, and all proprietary rights therein, free and clear of all liens, known claims, s curity interests or other encumbrances; and (b) That neither the Licensed Program Materials, including without limitation, the IP rights, nor any of the intended uses thereof, will infrin e any patents, copyrights, trade secrets, or other proprietary rights of any third arties (including, without limitation, any present or former employees, consu ts or shareholders of Page 8 of 14 C.S.I.); and C.S.I. has no reason to believe that any uch infringement claims could be made. 4.2 LICENSEE and C.S.!. shal1 each take reasonable and continuing st to protect the secrecy and confidentiality of information received (and designated as such the party with proprietary interests in such information) under this License Agreement, using the same degree of care to protect the information that it takes with its own confidential info . on. The obligation of secrecy and confidentiality shall not apply to any information which (1) is already known to the party receiving such confidential information; (2) is or becomes g y known to the public through no wrongful act of the party charged with protecting such dentiality; (3) is received by a party without restriction from a third party; (4) has been or is by the party owning such proprietary interests to a third party without imposing restricti against use and disclosure similar to those imposed on the party receiving such disclosure '. or (5) must be publicly disclosed by such party pursuant to the requirements of law, judi al process or governmental regulation. This covenant shall continue for a period of two 2) years after the date of termination of this License Agreement. 4.3 Upon the reasonable request of C.S.!., LICENSEE shall assist C.S in a reasonable way and at C.S.I.'s cost and expense, in executing such filings, documents, Ii and actions as may be required to protect the intellectuaI property and other rights of C.S in the licensed Program Materials within the Territory, and LICENSEE shall take or permit no action as may compromise or infringe upon such rights of C.S.!. within the T' or otherwise. 4.4 LICENSEE shal1 not duplicate, distribute, translate, reverse engin ,de-compile, interpret or demonstrate the Licensed Program Materials. LIMITED WARRANTY 4.5 The Licensed Program Materials will perform generally as dem operated in accordance with the instructions provided LICENSEE designed, standard, satisfactorily functioning computer in provided to LICENSEE by C,S.J. provided that it is (a) C.S.I. and (b) used on a ce with specifications 4.6 C.S.!. makes no representation or warranty, special or general, that licensed Program Materials will meet the LICENSEE'S require combinations which may be selected for use by the LICENSEE or that the operation will continue without intenuption or error, or that all program defects wi be corrected. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS R A PARTICULAR PURPOSE. LIMITATION OF REMEDIES 4.7 C.S.I.'s entire liability and the liCENSEE'S exclusive remedy s be limited as follows: Page 9 of 14 In all situations involving performance or non-performance of censed Program Materials furnished under this License Agreement, LICENSEE'S reme y is (a) the correction by C.S.I. of program defects, or (b) if, after repeated efforts made in good faith, CoSo!. is unable to cause the program to operate as warranted, LICENSEE shall be entitled to recover only its actual damages to the extent set forth in the following h and which shall in no event include consequential, special or punitive damages. C.S.I.'s liability for damages to the LICENSEE for any cause w tsoever, regardless of the form of action, whether in contract or in tort, including wi ut limitation, an action sOlmding in negligence, shall be limited to a refund of the one . e licensing fee actually paid for non-functioning portion of licensed application and shal not include any refund of fees for services actually paid or invoiced in connection with such the non-functioning portion, provided, however that such entitlement to refund s be exclusive of fees and payments made for services rendered or hardware. ARTICLE V EMENT'TERMINATI 5.1 Unless earlier terminated as provided hereinafter, this Agreement is of Continued Support which is automatically renewed annually at FAILURE TO PAY LICENSE FEES OR OTHER INVOIC S WHEN DUE MAY RESULT IN INTERRUPTED OPERATION OF THE F IL Y OF CSI.ROAD PRODUCTS. 52 If at any time either party shall become insolvent, or if any party shall be in material defuult of any of its obligations under this License Agreement, Qr any of uch party's representations or warranties set forth herein shall be determined to be materi y false or incorrect or if formal proceedings shall be commenced to administer either s affairs or to liquidate its assets, or, if the ownership of either party as presently constitu d should change in such a way as to materially and adversely affect such party's ability to p rform its obligations under this License Agreement, the other party may, at it option, and up n or after the expiration of thirty (30) days advance notice in writing given to the first p of its intention to do so (and, in the case the notice is given for default, if the default is not meanwhile cured), declare this Agreement terminated by a second written notic to the other party, and thereupon all licenses, rights and privileges of LICENSEE or of CoSo!., as the case may be, hereunder sbal1 cease, except (a) that the licenses, rights and privi eges granted under Article I hereof shall continue as to all Licensed Program Materi s delivered prior to said termination of this License Agreement, (b) that LICENSEE shall ave the right to continued use of such Licensed Program Materials without the benefi of continued service or subsequent improvements not existing as of the time of such t .nation and (c) that C.S.T., or its successors and assigns shall, to the extent permitted by a plicable law, transfer and assign all source codes relevant to CSI.Road to an independent ank, trust company or law Page 10 of 14 firm of its selection which shall retain such source codes fo the benefit of all C.S.I. UCENSEES. 5.3 No termination of this License Agreement by expira~on UCENSEE from any of its obligations accrued hereunder or rights to rescind anything done or any payment made or other party hereunder prior to the time such termination becomes effi otherwise shall release scind or give rise to any nsideration given to either ve. ARTICLE VI NOTICES 6.1 Notices of every nature to be given putsuant to this License shall be given in writing and addressed to the other party at the address stated below or at any other address notice of which is given by one party to the other in accordance with this Arti e VI: If to LICENSEE: JCT TRANSPORT, INC. 825 Philadelphia Road Aberdeen, MD., Telephone #: (410)272-3010 Fax #: (410) 272-8270 If to C.S.I.: COMPUTER SUPPORT, INC. 54 West Main Street Mechanicsburg, P A 17055 Telephone: (717) 691-6707 Fax:(717)691-7303 Any notice shall be deemed to have been duly given if an when regularly sent by electronic mail or fax (if confirmed by letter mailed within two ( ) days thereafter) or if and when delivered by any other method fimlishing receipt of deliv , including by recognized delivery service or by hand. ARTICLE vrr MISCELLANEOUS 7.1 This License Agreement will inure to the benefit of and be License Agreement is personal to the parties and may not be assi either of them without the prior, written consent of tile other. upon the parties. This or otherwise transferred by 7.2 This License Agreement contains all of the terms and conditions agreed upon by the parties hereto, and supersedes all prior agreements (including and all exchanges by Page 11 of 14 correspondence, telephone, e-mail, or memorandums of agree arrangements, communications, whether representations or written by any officer, employee or representative of any party, or otherwise, regarding the subject matter of this License A exist or bind any of the parties hereto. ent), promises, covenants, ties, whether oral or d no other agreement, oral ment shall be deemed to 7.3 LICENSEE IRREVOCABLY AGREES, AND FULLY UNO RSTANDS, lHAT ALL LAWSUITS ARISING DIRECTLY OR lNDIRECTL Y 0 OF THIS LICENSE AGREEMENT, INCLUDING THOSE RELATING TO MA RS OF PERFORMANCE OR RESULTING FROM THIRD PARTY CLAIMS AGAINST ANY PARTY SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE COMMON P S COURT FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA, OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF P SYLVANIA. EACH PARTY TO THIS LICENSE AGREEMENT AGREES TO :VOCABLY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS HEREBY WAIVES ANY OBJECTION TO PROPER VENUE RESTING T REIN AND FURTHER WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY S CH LAWSUIT. IN THE EVENT SAID LA WSUlT IS SUCCESSFULLY CO CLUDED IN C.S.I.'S FA VOR,C.S.!. SHALL BE ENTITLED TO RECO R, FROM LICENSEE, REASONABLE LEGAL FEES AND COSTS INC D BY C.S.!. IN THE LAWSUIT, IN ADDITION TO ANY OTHER RELIEF TO WHICH C.S.!. MAY BE ENTITLED 7.4 It is the intent of the parties that the validity, interpretatio and performance of this License Agreement shall be govemed by the internal laws of the Commonwealth of Pennsylvania, USA, without regard to its conflicts oflaws. 7.5 . This License Agreement may be amended, modified or sup lemented only by written agreement of the parties, or by their respective duly authorize officers authorized, at any time, provided that no such amendment, modification or upp1ement shall become effective until such time as both parties shall have executed writing. , 7.6 This License Agreement, and any amendment hereto, may b executed in two or more counterparts, each of which shaH be deemed an original, but I of which together shall constitute one and the same instrument. 7.7 Nothing herein shall constitute LICENSEE or C.s.L as ajoi t venturer, partner, agent, representative or employee of the other party. 7.8 In the event any provision or any part of a provision of this . cense Agreement shall be held invalid or unenforceable by any court of competent jurisd ction, provided it does not materially alter the substance of the agreement between the 'es, such holding shall not invaiidate or render unenforceable any other provision or part f this License Agreement. 7.9 The captions contained herein are included for convenien e only and shall not be considered a part hereof or affect in any manner the constructi or interpretation hereof. Page 12 of 14 7.10 Any controversy over the construction of this License Agr ement shall be decided neutrally according to its terms and without regard to events of thorship or negotiation. 7.11 This License Agreement is not assignable; neither the licenses hereunder nor any of the licensed program material or copies thereof may be sublicensed, assigned or transferred by the LICENSEE without the prior written consent of C.S.1. Any attempt to sublicense, assign or transfer any of the rights, duties or oblig tions under this License Agreement is void. C.S.I. is not responsible for failure to fulfi its obligations under this License Agreement due to causes beyond its control. By tf/r/Ol 7.12 . No action, regardless of form, arising out of this Agreement y be brought by either party more than two years after cause of action has arisen, or, in the case of non-payment, more than two years from the date of the last payment. IN WITNESS WHEREOF, the parties have executed this Lice Agreement and caused their Corporate seals to be hereunto affixed as of the day and year first ab ve written. By: Page 13 of14 EXHIBIT "B" 597441.1 Computer Support, Inc. PO Box 2429 54 West Main Sl Mechanicsburg, PA 17055 Phone: (717) 691.6707 STATEMENT JeT Transport. Inc, Statement Date: 41912006 Attn: Wayne Price Thank you for your business 825 Philadelphia Road Aberdeen, MD 2100 I Invoice Number Description Billing Date Payment T . Amount AmOlUlt Due Days old 00006980.0 Freight Bill 9/2212005 No $23.75 $23,75 199 00007005.0 Freight Bill 9/28/2005 No $2,500,00 $2,500.00 193 00007033.0 Freight Bill 10/812005 No $205.20 $205.20 183 00007059-0 Freight Bill 10/II/2005 No $87.40 $87,40 180 00007075.0 Freight Bill 10/2212005 No $4,500,00 $4,500.00 169 000071 64.0 Freight Bill II/612005 No $2,500,00 $2,500.00 154 000072 I 8-0 Freight Bill 11/21/2005 No $2,500,00 $2,500,00 139 00007382.0 Freight Bill 111/2006 No $2,500.00 $2.500.00 98 10m Original Unapplied Payment II/612005 No ($0.09) ($0.09) 154 0100 $ 0.00 Oto 30 $ 0.00 30 to 60 $0.00 60 to 90 $0.00 ver 90 $ I ,816.26 Balance $ 14,816.26 EXHIBIT "C" 597441.1 Todd J. Shill ph (717) 231-6665 Ix (717) 231-6637 tshi11@rhoads-sinon,com FILE NO, 6287/02 April 26, 2006 Re: Computer Support. Inc. Wayne E. Price JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 Dear Mr. Price: This firm represents Computer Support, Inc. ("CSI"). On beh f of CSI, we are writing to request that JCT Transport, Inc. ("JCT") satisfy its unpaid invoices to ate. According to my client's records, JCT's unpaid invoices total approximately $14,816. Specifically, On August 8, 2005, you (on behalf of JCT) signe an agreement with CSI for the provision of its CSI.Road software, including Core Applicatio s and Accounting modules, in exchange for a license fee of$25,OOO. That notwithstan g, your company has failed to pay four $2,500 invoices, representing the balance of the $25 000 license fee (Invoice Nos. 7005,7164,7218, and 7382). JCT has also failed to pay approxi ately $316 in support charges incurred during the setup of your company's hardware (Invoi Nos. 6980, 7033, 7059). These invoices are due and owing as per the August 8, 2005 agreeme t. Lastly, JeT owes $4,500 for its annual support fee, also due and owing as per the agre ent between the parties. This is not the first notice you have received regarding the un . d invoices. You received a customer statement, itemizing all of the above unpaid invoices, by e ail on February 17, 2006. You signed for a certified letter containing another copy of the custo er statement on March 14, 2006. In addition, you have failed to respond to the many telephone c Is made by CSI regarding the unpaid invoices. By this letter, we ask that JCT satisfy the above invoices withi the next ten (10) business days. Should it fail to do so, we will have no choice but to initiate a b each of contract/collection action. We trust this will not be necessary. Very truly yo s, RHOADS & SIN N LLP By: Todd J. S 11 cc: Fred Nichols 605532.1 VERIFICATION Fred Nichols, deposes and says, subject to the penalties of 18 Pa. C.s. !l 4904 relating to unsworn falsification to authorities, that the facts set forth in the fo egoing Complaint are true and correct to the best of his knowledge, information and belief. ~ ~ 4i? Yl. ....41,. ..a Fred Nichols Date: 6/2/06 CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of June, 2006, a true and c rrect copy of the foregoing Complaint was served by means of United States mail, first class, pos age prepaid, certified mail retum receipt requested, upon the following: JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 t> r~ . ,., ~. (1\ "".c .. 0 OOw ~ ~ A V';, <1', 6 o C:;, ::c ~ ,~ ,-.0 L_ (-_: \ r.,) -"";] ~.~ -- ,- -- R. ..... :f-:n {.' ;--- -(:1_"0\ \-'\".\~\ ;' () (::~) cr\ ::~ :?' d ~ 1':-:> 0' o ... Todd J. Shill, Esquire Attorney J.D. No. 69225 Cory A. Iannacone Attorney J.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Computer Support, Inc. COMPUTER SUPPORT, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, INC., JURY TRIAL DEMANDED Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I hereby certify that the Notice and Complaint in the above-captioned matter was served by means of United States Mail, First Class, Certified, Return Receipt Requested and Restricted Delivery, upon the following: JCT Transport, Inc., 825 Philadelphia Road, Aberdeen, MD 21001. A copy of the Return Receipt is attached hereto and made a part hereof. RHOADS & SINON LLP By: Cory A. Iannacone One South Market Square P. O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 Attorneys for Computer Support, Inc. 614819.1 -- .. CERTIFICATE OF SERVICE 'D;-\'V\ I hereby certify that on this .-L..::: day of JI J I Y ,2006, a true and correct copy of the foregoing Affidavit of Service was served by means of United States mail, first class, postage prepaid, upon the following: JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 ~~ . Complete 1tem11, 2, 8nd 3. AIlIo complete ItM1 4 If RlllIb1cNd DelIvery Is desInlcI. · _ Print your name end addnlea on the ......... 80 that we can I8bm the card to you. · Attach this card to the back of the maIIplece, or on the front If 8p8C8 permits. · 1. ArtIcle AdcII'88lI8d to: . JeT Transport, Inc. 825 Philadelphia Road A~erdeen, MD 21001 3.SeIJIklelp II"'" CertIIIed Md C ~ MlIII C ~ C Rftm RIcIIpt for MeIt:IlIIlIdIIe C Nlnd MIll C C.O.D. 4. AeIti~ DIIMry? /&h Fee) C 'tWI 2. ArtIcle NlI1lber (T1anIJferlhlm.... ~ PS Form 3811, Fetlr18y 2004 7005 3110 0004 3215 9407 DIIrn..uc ...." ....... 102585-<12*1540 o ~ "',- 'I c::> -c 3 ....e o .t - . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPUTER SUPPORT, INC., v. : NO. 06-3164 JCT TRANSPORT, INC., : JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. 1037(b), kindly enter judgment in favor of the Plaintiff, Computer Support, Inc. and against Defendant, JCT Transport in the amount of$14,816.35, plus interest, costs and attorneys fees to be determined at a later hearing. I hereby certify that the Notice of Intention to File a Praecipe for Entry of Default Judgment was duly served upon Defendant, JCT Transport in accordance with Pa. R. Civ. P. 237.1. Attached as Exhibit "A" is a copy of Plaintiffs written Notice, which I certify was mailed by certified mail, return receipt requested, to Defendant, JCT Transport on June 27, 2006, which is at least 10 days prior to the filing of this Praecipe. By: ~ectfullY i it. dd Shi, Esquire Attorney I.D. No. 69225 Cory A. Iannacone Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Computer Support, Inc. itted, 614816.1 . CERTIFICATE OF SERVICE I hereby certify that on this \ ~ day of QuJr ' 2006, a true and correct copy of the foregoing Praecipe for Entry of Default Judgment was served by means of United States mail, first class, postage prepaid, upon the following: JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 2100 I ~\~ . EXHIBIT "A" 597441.] . Cory A. Iannacone ph (717) 237-6778 ft (717) 231-6698 ciannacone@rboads-sinon.com :(.(,\~'ii RHOADS g!llll!lT & SINON LLP FlLEN<> 6287.025 June 27, 2006 Re: Computer Support. IDe. v. JeT Transport. Ine. Civil Action - Law No. 06-289 JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 Via Certified Mail Return Receipt Requested Article #7005116000034344 5904 Dear Sir or Madam: Enclosed please find a copy of a ten day Notice sent today on behalf of the Plaintiff in the above-captioned matter. We are forced take this action based on your failure to timely file an Answer. The Plaintiff is anxious to move forward with this litigation. We look forward to your prompt attention to this matter. In the event you fail to respond within ten days we will be forced to file an Entry of Default again you. If there are any questions or comments, please do not hesitate to contact me. Very truly yours, RHOAD71smO{J~ BY:UC Cory A. Iannacone L-/~ Enclosure 613722.1 Rhoads 6% Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg. PA 17108-1146 . ph (717) 233-5731 . Ix (717) 232-1459 . www.rhoads-sinon.com 613717.1 . COMPUTER SUPPORT, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, INC., : JURY TRIAL DEMANDED Defendant TO: JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 Date of Notice: June 27, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD THE HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ~e ectfully itted, lr. tJ- By: Odd . Shil , Esquire Attorneyl.[).No.69225 CO!)' A. Iannacone Attorney L[). No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 171 08-1146 (717) 233-5731 Attorneys for Computer Support, Inc. UNITED STATES POST.!\!. SJoBl1lCE ~ X. a.1IU:'l\];~l.RfE M02', 29' .J.UH'2006 P(q' ,4' . Sender: Please prlnt your name, address, and ZIP+4 in this box . Cory A. Iannacone, Esq. Rhoads & Sinon LLP One South Market Square, lih F1 P.O. Box 1146 lianisburg,P)l 17108-1146 lllt~ gt;9t?; ..,...- 111I11111.111.111111.111111111111.11,1111.1111,1111.111111.11I . (.I C(::> Ct'VYIf'~'Lpp YJ~T(/4IM>f' j I / Tit'" \I 11'\1 It 1111 II I li'J'J'~ ~.;O.""_; ;0'.1',:;00,..' SENDER CO"PLETE IHIS ';ECTlON . Complel8 Items 1, 2, and 3. Also complel8 Item 4 If Res\rict8CI DelIve1y Is desired. . PrInt your name and addresS on the reverse so that we can nrtum the card to you. . Attach this card to the back 01 the mallplece, or on the front If space permits. ,,(,11; 1. Article_to: -:rC-, IVM1Sf(J'+' ~, 8'":J.5' Ph/lClde.lphid.- f2..J. .It jp.(. v-de-€.f\ I f"l.D i9-10'0' A. SlgnaIure X r B. D.IBdellveIy__frcmIt8m1? If YES, enter delivery odd_ below: 3. Set)IIco Type lit CerlIfted MaI1 [] expo.. Moll [] RegIsttnd [] -.m RecoIpl fOr MeI<:hsn<Ilse [] Inswod MaD [] C.O.D. 4. _1leIIwry? (ExfnI Fee) [] "'" . 2. =~ Nnr .?laOS 1160 0003 4344 S904 , ps~~1:tm!llI~Ill:'d'lf.!l""'estIc Return RecoIpl , 1021596-02-M-154O I , 0 ....' C:.J 0 (', , 4 C--' -11 1 ~ \ ~;::: ..... ~ ~sn ~ r". ~ 'r-- cr", - ~ ~ c;:: CJ ~ ~._;,-' ~ -r:-1 \ ~ w-'''' -- ~ 0 }... ~ '" c:"') ~ .I.;" ----l. .. \- Todd J. Shill, Esquire Attorney I.D. No. 69225 Cory A. Iannacone Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Computer Support, Inc. COMPUTER SUPPORT, INC., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CNIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, INC., JURY TRIAL DEMANDED Defendant MOTION TO GRANT HEARING FOR DETERMINATION OF INTEREST~ COSTS AND ATTORNEYS' FEES NOW COMES Plaintiff, Computer Support, Inc., ("Plaintiff' or "CSI") by and through its counsel, Rhoads & Sinon LLP, and files the within Motion to Grant Hearing for Determination of Costs and Attorneys' Fees, and in support thereof avers the following: 1. On or about July 10, 2006, CSI obtained a default judgment against Defendant JCT Transport, Inc. ("Defendant" or "JCT"). (A copy of the Praecipe for Entry of Default Judgment ("Praecipe") is attached hereto as Exhibit "A".) 2. The Praecipe entered a judgment in CSI's favor and against Defendant in the amount of$14,816.35, plus interest, costs and attorneys' fees. 3. According to the Praecipe, interest, costs and attorneys' fees were to be determined at a later hearing. 631045.1 .... '- 4. On or about October 4, 2006, CSI transferred its judgment to the Circuit Court for Harford County, Maryland. (A copy of the transferred judgment is attached hereto as Exhibit "B".) 5. The transferred judgment entered in the Circuit Court for Harford County, Maryland was only entered in the amount of $14,816.35 and did not include interest, costs and attorneys' fees. 6. A hearing is required so that CSI's interest, costs and attorney's fees, to which it is entitled, can be determined by the Court. 7. In a letter dated December 1, 2006, CSI sought concurrence in the instant Motion from JCT pursuant to Local Rule 208.2( d). The letter stated that "In the event I do not hear a response [by December 7, 2006], I will presume that you do not concur in said Motion." (A copy of the December 1, 2006 letter is attached hereto as Exhibit "C".) 8. CSI has yet to receive a response from JCT, and, as such, it is presumed that JCT does not concur in the instant Motion. WHEREFORE, Plaintiff, Computer Support, Inc. respectfully requests that this Court hold a hearing to determine CSI's interest, costs and attorneys' fees and enter an appropriate Order subsequent to the hearing which CSI can transfer and enforce in Maryland. .. , Respectfully submitted, By: ~9fDS & SINON LLP l7 (}.~ 402 shlfl Cory A. Iannacone One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Computer Support, Inc. '- ~ VERIFICATION Cory A. Iannacone, deposes and says, subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities, that he makes this verification and that the facts set forth in Plaintiffs Motion to Grant Hearing for Determination of Interest, Costs and Attorneys' Fees are true and correct to the best of his knowledgjJ1ormation and belief. I / /' l~(. 11/ tL~, ,,/ t ory A. Iannllcone. '---- (Zf'4(O~ Date ~ ... Exhibit "A" ... ~ ... Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVn.. ACTION - LAW COMPUTER SUPPORT, INC., v. : NO. 06-3164 JCT TRANSPORT, INC., : JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. 1037(b), kindly enter judgment in favor of the Plaintiff, Computer Support, Inc. and against Defendant, JCT Transport in the amount of$14,816.35, plus -- interest, costs and attorneys fees to be determined at a later hearing. I hereby certify that the Notice of Intention to File a Praecipe for Entry of Default Judgment was duly served upon Defendant, JCT Transport in accordance with Pa. R. Civ. P. 237.1. Attached as Exhibit "A" is a copy of Plaintiff's written Notice, which I certify was mailed by certified mail, return receipt requested, to Defendant, JCT Transport on June 27, 2006, which is at least 10 days prior to the filing of this Praecipe. By: ectfully I /to dd Shi, Esquire Attorney I.D. No. 69225 Cory A. Iannacone Attorney I.D. No. 200530 RHOADS & SINON LLP One South Marlcet Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Computer Support, Inc. TRUE COpy FROM RECORD 'n T tlIIIMuIIy wherfv" ;'!,~r~ unto III ... haIk~ md Ita ~ " . at CaIIII8, PI. '- ~~ ~~~~~ 614816.1 ~ Exhibit "B" ~ ~ CIRCUIT COURT FOR HARFORD COUNTY James Reilly Clerk of the Circuit Court Courthouse 20 West Courtland Street Bel Air, MD 21014- (410)-879-2000, TTY for Deaf: (410)-638-4926 MD Toll Free-1-(800)989-8296 NOT ICE 0 F FOR E I G N J U D G MEN T Case Number: 12-C-06-002597 FJ C I V I L Computer Support Inc vs J C T Transport Inc I HEREBY CERTIFY that the following Judgment has been recorded in this Court in the above entitled case: Judgment Against: J C T Transport Inc 825 Philadelphia Road Aberdeen, MD 21001 Judgment in Favor of: Judgment Ordered On: Judgment Entry Date: Amount of Judgment: PreJudgment Interest: Appearance Fee: Filing Fee: Computer Support Inc 54 West Main Street Mechanicsburg, PA 17055 10/04/06 10/04/06 Other Fee: $.00 $14,816.35 Service Fee: $.00 $.00 Witness Fee: $.00 $.00 Attorney Fee: $.00 $.00 Total Judgment: $14,816.35 Judgment orginally recorded on 07/10/06 in the Court of Common Pleas of Cumberlnd County Pennsylvania. IN TESTIMONY WHEREOF, I hereunto set Issued: 10/04/06 of this Court. .' ~ Commonwealth of Pennsylvania County of Cumberland 1 ss: / 2-~ -()ro- )697 I. aJRI'IS R. LC:N:; . Prothonotary of the Court of Common Pleas in and for said County. do hereby certify that the foregoing is a full. true and correct copy of the whole record of the case therein stated, wherein a:l-1PUTER SUPFORl'. :me::. Plaintiff, and Jcr TRANSFORI'. INC. Defendant _. as the same remains of record before the said Court at No. 06-3164 of CIVIL Term. A.D. 19_. have hereunto set my hand and affixed the seal of said Court daYOf~a!~~. A. D..19200~ ~ Pmthono",,,, NINIH aJRI'IS R. LeN:; In TESTIMONY WHEREOF. I this 'IWENI'Y - FIFI'H I. ElXiAR B. ~YLEY President Judge of the Judicial District. composed of the County of Cumberland. do certify that . by whom the annexed record, certificate and attestation were made and given. and who. in his own proper handwriting. thereunto subscribed his name and affixed th~ seal of the C~urt of Common Pleas of said CQ1Jnty. was. at the time of so doing. and now.is Prothonotary 10 and for saId County of aI1BERIAND -- 10 the Commonwealth of Pennsylvania. duly commissioned and qualifi to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judO re as e ewhere and that the said record. certificate and attestation are in due form of law and m e by the pr er 0 r. Commonwealth of Pennsylvania County of Cumberland } ss: I. aJRI'IS R. I..QN:; . Prothonotary of the Court of Common Pleas in and for the said County. do certify that the Honorable F.J'Y"'..AR R RAVT.F.V by whom the foregoing attestation was made. and who has thereunto subscribed his name. was. at the time of making thereof. and still is President Judge ofthe Court of Common Pleas. Orphan' Court and Court of Quarter Sessions of the Peace in and for said County. duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given. as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF. I have hereunto set m"'y'_hand and affixed the seal of said Cou'2thi~ 25TH day zp AtnlST .D. 19~. FILED 06 OCT -4 AM 10: 27 q.~Rt'i pF C!~'CU1T HfotRFOF\D COUNTY. Rl - .- ~ \ \ ~ ..; \ t: t: ~ ~ =' - ~ 0 "C 0"- ~ U ~ c:: - C 0 6 6 ~ " If') \ "C '- ~ . 0 M ... ~ G) ~ . ~ en c.. r- r- r.-> \D ~ \ . ~ .-4 ~~ ~ " (J:) <I) c \ ~ ~ =' ~ & ~ <I) ~ .-4 '- - r.A ~ >- ~ \,M 0 0 "'" Pol ~ If') 0 2 ~ - . . 0- ~ 0 ii: M tJ) ~ \D .-4 "'" ~\ \ ~ i ~ m- if} t: ;.( ~ ~ "'" ~ G) t 6 .; 6 <I) '- .t:I ..- ~ 0 <I) .... 0 0 t"';I ~ G) 0 0 t: u.. 0 '- U IJ,J ?: ?: '- Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of aMBERLAND in the Commonwealth of Pennsylvania to No. 06-3164 CIVIL Term. 19 is contained the following: COPY OF a:MPLEI'E APPEARANCE DOCKET ENTRY a:MPUTER SUPFORI', IOC. P.O.OOX 2429 MECHANICSBURG, PA 17055 2429 vs. Jcr TRANsroRI', INC. 825 HULADELRiIA ROAD ABERDEEN, MD 21001 CDSTS: PO ATTY $64.50 PO ATTY THIS RECORD $10.00 SEE ENCLOSED CERTIFIED OOCKEI'. ... Plaintiff : IN THE COURT OF COMM:ON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPUTER SUPPORT, INC., v. : NO. 06-3164 JCT TRANSPORT, INC., : JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. 1037(b), kindly enter judgment in favor of the Plaintiff, Computer Support, Inc. and against Defendant, JCT Transport in the amount of$14,816.35, plus - interest, costs and attorneys fees to be determined at a later hearing. I hereby certify that the Notice of Intention to File a Praecipe for Entry of Default Judgment was duly served upon Defendant, JCT Transport in accordance with Pa. R. Civ. P. 237.1. Attached as Exhibit "A" is a copy of Plaintiff's written Notice, which I certify was mailed by certified mail, return receipt requested, to Defendant, JCT Transport on June 27, 2006, which is at least 10 days prior to the filing of this Praecipe. By: ectfully I It." dd Shi, Esquire Attorney I.D. No. 69225 Cory A. Iannacone Attorney 1.0. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Computer Support, Inc. TRUE COpy FROM RECORD In T......, WherAf".' ;~~r~ unto lit '" han<~ md...e, . atCalllll,Pa. '- "*~ u~~.~~~ 614816.1 A CERTIFICATE OF SERVICE I hereby certify that on this \~ day of ~ 2006, a true and correct copy of the foregoing Praecipe for Entry of Default Judgment was served by means of United States mail, first class, postage prepaid, upon the following: JeT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 ~'~ . EXHIBIT "A" 597441.] 1. A ~ RHOADS gtflUH't & SINON LLP "t Cory A. Iannacone ph (717) 237-6778 ft (717) 231--6698 ciannacone@rhOads-sinon.com FILENO: 6287.025 June 27, 2006 Re: Comouter SaDDOn. IDe. v. JCf TransDOrt. IDe. Civil Action - Law No. 06-m JCT Transport, Inc. 825 Philadelphia Road Ab~ MD 21001 Via Certified Mail Return Retefpt Requested Article #7005 1160 0003 4344 5904 Dear Sir or M&d9n): Enclosed please find a copy ofa ten day Notice sent today on behalf of the Plaintiff in the above-captioned matter. We are forced take this action based on your failme to timely file an Answer. The plaintiff is anxious to move forward with this litigation. We look forward to your prompt attention to this matter. In the event you fail to respond within ten days we will be forced to file an Entry of Default again you. If there are any questions or comments, please do not hesitate to contact me. Very truly yours, RH07S~~U: By: [/Jr Cory A. 'smnaconc Enclosure 61~m1 Rhoads 6% Sinon LLP · Attorneys at Law · Twe.lfth Floor · One South Market Square. P.O. Bolt 1146 .... .,. ..... ........."-~.., 'I ,._._'\ ___ ____ r ____.. ___ . .__ _.. ., .. COMPUTER SUPPORTt INC.t Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, lNC.t : JURY TRIAL DEMANDED Defendant TO: JeT Transport, Inc. 825 Philadelphia Road Aberdeen,:MD 21001 Date of Notice: June 27, 2006 IMPORTANT NOn~1< YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'ITEN APPEARANCE PERSONALLY OR BY AlTORNEY AND FnE IN WRITING WITH THE COURT YOUR DEFENSES OR OBmcnONS TO TIm CLAIMS SET FORTH AGAWST yOU. UNLESS YOU ACf WITHIN TEN DAYS FROM nm DATE OF TInS NOTICE, A JUDGMENT MAY BE ENTERED AGAlNST YOU wrmOUT A HEARING AND YOU MAY WSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOUID TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE 11fE OFFICE SET FORTH BELOW. TInS OFFICE CAN PROVIDE YOU wrm INFORMATION ABour HlRJNG A LAWYER. IF YOU CANNOT AFFORD THE HIRE A LAWYER, TInS OFFICE MAY BE ABLE TO PROVIDE YOU wrm INFORMATION ABOUT AGENClES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 By. ~~A 'GfJ;. Sbil( Esquire - Attorney ID. No. 69225 Cory A. Iannacone Attorney !.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 HanisblD"l, P A 17108-1146 (717) 233-5731 A.ttorneys for Com~ter Support. Inc. 613717.1 UNITED STATES ~ MD.:el.II. 29JUN-2tlQ& f"M-'4'1 . . · Sender. Please print your name, address. and ZIP+4 In this box · ": : Cory A Iannacone, Esq. Rhoads & Sinon LLP One South Market Square, 12th PI P.O. Box 1146 Harrisburg, P A 17108-1146 11fJ6. ~1.':Jr -')~ IlllmUllmUU,ul..1miI'lIllH.11I1,UIIIJIII,lIuttllll . ~ . (.I Q(j ~I)~ I" SfAPfl YJ'c!.TrJ;1VJ.1$1' j / S f- ~"lJ U' ,q. "f I ~ "I', ,f C T ' ( );. Tlr" ,.. lr II. II. '1111 It \ Ii ~"'J"';' >> :t. tI ._ ~ t 'J'J. ' OJ . . CorrfIIIIII.....1.2. _3. Also ccxnpIN . Item 4. ~tc.ted DeIIYery . desINd. . Prlnt yo46 nime Ind D:IresI on the revne 10 that we C811WtLm the CBI'd to you. . AtI8Ch this CII'd to the b8ck of the m&IIpIece, . ex on the front I space pennftL .:~. B. 1. ArtIcII Addl J.II.cI to: D. Ia dIIVIry ~ cIfJMnt from 18m 11 ...... If YES, enter dIIIwry Ilr.:IdrIa bIIow: C No :Jc.., ly4h1SftJr-f, ~, ~~s- p"att.ddph;L ,e.J.. .It jp.t "CJ ~.e^ I M.D Gll em , 3.SII)IbIType DrOertkf'" C __ MIl c~~ DRIUn"'far~ C InItnd MIll C C.O.D. 4. Rwlitltcltlld DIIIwrY? (EJdta FwJ C ... . 2. ~ Nnr. .f80S :LlbD 0003 4344 5~04 I ps.~dFtftlp.ftnn1V~R8UnRecelpt 'j I '\, 1 DZSSI6-G2-M-t 540 I () r--.., r::JI () ,.... ~..:~ , ~:-.: '"11 4 ....: ,.7' 1, ~ \. ."""C_\ ~.; ~': -4 ~ ! I ~33 . r"- ~ cr- ~ .~~~ - ~ .. 0 ~ ,. ' , I d r':,- . ' ~"t ", ~~.~ , ;.!.-: . , ..,., ~ ,.::. " -~. . . ...~ .;.' :. \ ...... ~ )> .-- ~ .' rri . . ." ,~ Q l-- oL;~ ,. ...-;". ~ ~ ~~.2 0 ~,J ~ .r:" .< ~ PYS511 Cumberland County Prothonotary's Office Civil Case Print Page 1 2006-03164 COMPUTER SUPPORT INC (vs) JCT TRANSPORT INC Reference No. . : Case Type.. ...: COMPLAINT Judgment......: 14816.35 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time. . . . . . . . . : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 6/02/2006 2:50 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info :OMPUTER SUPPORT INC I? 0 BOX 2429 ~ECHANICSBURG PA 17055 2429 JCT TRANSPORT INC 325 PHILADELPHIA ROAD ~ERDEEN MD 21001 PLAINTIFF SHILL TODD J IANNACONE CORY A DEFENDANT k******************************************************************************* Judgment Index Amount Date Desc JCT TRANSPORT INC 14,816.35 7/10/2006 DEFAULT JUDGMENT k******************************************************************************* k Date Entries * k******************************************************************************* 6/02/2006 7/10/2006 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CIVIL ACTION ------------------------------------------------------------------- PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF $14816.35 ------------------------------------------------------------------- NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- AFFIDAVIT OF SERVICE -NOTICE AND COMPLAINT - BY CORY A IANNACONE ATTY FOR PLFF ------------------------------------------------------------------- EXEMPLIFIED RECORD - OUT OF STATE - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 7/10/2006 7/10/2006 8/25/2006 ~******************************************************************************* ~ Escrow Information * ~ Fees & Debits Beq Bal Pvrnts/Adl End Bal * t*******************************~********~************************************** COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE JDMT 35.00 35.00 .50 .50 5.00 5.00 5.00 5.00 10.00 10.00 9.00 9.00 ------------------------ 64.50 64.50 .00 .00 .00 .00 .00 .00 ------------ .00 ~******************************************************************************* End of Case Information * r***********************************************************************.******** TRUE COpy FROM RECORD 'n Testimony wheri:" -0,: unto set my ban __~:'2~t? e~ ,. RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 8/25/2006 10:34:21 182075 Case Number 2006-99999 COMPUTER SUPPORT INC (VS) JCT TRANSPORT INC Received of PD RHOADS & SINON 01-3164 1M Total Non-Cash..... + Total Cash......... + Change.... .... ..... - Receipt total... ... 10.00 .00 .00 10.00 Check# 26011 ------------------------ Distribution Of Payment ------------------------ Transaction Description Payment Amount EX RECORD 10.00 CUMBERLAND CO GENERAL FUND 10.00 COMPUTER SUPPORT, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, INC., : JURY TRIAL DEMANDED Defendant AFFIDA VIT I, Cory A. Iannacone, Esquire, being over 18 years of age, hereby verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subj ect to the penalties of law, relating to unsworn falsification to authorities. 1. The last known post office address of Plaintiff, Computer Support, Inc. is 54 West Main Street; Mechanicsburg, PA 17055. 2. The last known post office address of Defendant, JCT Transport, Inc. is 825 Philadelphia Road; Aberdeen, 1vID 21001. en 115/0h Date' , ~(t?/~ ~.. IannacOne ---..., Sworn to and Subscribed to me This J...~-1S day of ~~ , 2006 r c!:.~ I tary Public 622421.1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jud"dh L Krape, NQtary Public CIty Of Harrisburg, Dauphin County My Ccmmlssial Expires 0cl14, 2007 Member, Pennsylvania ~.oci.tlon Of Notaries .... Commonwealth of Pennsylvania County of Cumberland } 55: l?--L~OloA ;{5Q, I. CURI'IS R. I.(N; . Prothonotary of the Court of Common Pleas in and for said County. do hereby certify that the foregoing is a full. true and correct copy of the whole record of the case therein stated. wherein cx:MPUTER SUPFORI'. INC. Plaintiff. and Jcr TRANSIDRI'. INC. In TESTIMONY WHEREOF. I this TWENI'Y-FIFI'H Defendant _. as the same remains of record before the said Court at No. 06-3164 of CIVIL Term. A.D. 19_. have hereunto set my hand and affixed the seal of said Court day of !!~AT.msr A. D., 19 200~ yI1> - Prothonotary NINIH aJRl'IS R. LCN3 I. EIXiAR B. BAYLEY President Judge of the Judicial District. composed of the County of Cumberland. do certify that . by whom the annexed record. certificate and attestation were made and given. and who. in his own proper handwriting. thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County. was, at the time of so doing, and now is Prothonotary in and for said County of aI1BERLAND -.' in the Commonwealth of Pennsylvania. duly commissioned and qualifi to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judO ure as e ewhere and that the said record, certificate and attestation are in due form of law and m e by the pr er 0 r. Commonwealth of Pennsylvania County of Cumberland J 55: I. aJRl'IS R.. la'l; . Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable F.J)("..AR R_ RAVT,F,V by whom the foregoing attestation was made. and who has thereunto subscribed his name. was. at the time of making thereof. and still is President Judge of the Court of Common Pleas. Orphan' Court and Court of Quarter Sessions ofthe Peace in and for said County. duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given. as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF. I have hereunto set m-'y_hand and affixed the seal of said Cou~H8~ 25TH day of AUGlST .0. 19_. {] . . \..,,-Q f' \G~ t1 \\ ~~ ~~~C\ ' vt,\)\\C r'~ ~\.,- u:\'<.~ r.-. I;;\,:', \,.} CU \)\~ . ~~~\)R\) - \ 0"- - e "'" a) \-' ~~ ~ u oc:S' I.I:> ....-I ~\ \ 0"- - Q ~ o u ~ ~ a ~1 \\ ~ ~ ~ o Z. e "'" . ;:. ~ \~ ~ l' z. 11> '=' 11> "'" a) ";i1'" . ~ ~ ~ D "" ~ ~ ~ o U .; ~ - .,J .0 a) o ~ \ 0"- - \ ~ ~ -0 ~ o oS o ... Q.. if) ~ . \0 ....-I C1J .. cd' ....-I Ell e o "'" IJ,. ~ & o if) . cd' \0 * tJ) ~ & o o . o ....-I I(/): "0 a) - \r. "0 ~ ~ "0 a) "'" a) .,J c: IJJ e o "'" '-' ~ o U . Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of aM3ERLAND in the Commonwealth of Pennsylvania to No. 06-3164 CIVIL Term, 19 is contained the following: COpy OF a:MPLEl'E APPEARANCE DOCKET ENTRY <XMPUTER SUProRI', IOC. P.O.BJX 2429 MECHANICSBURG, PA 17055 2429 vs. Jcr TRANSFORI', INC. 825 PHILADELPHIA ROAD ABERDEEN, MD 21001 CDSTS: PO AITY $64.50 PO AITY '!HIS RECDRD $10.00 SEE ENCIDSED CERI'IFIED rxx::KEl'. . .. . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNll.. ACTION - LAW COMPUTER SUPPORT, INC., v. : NO. 06-3164 JCT TRANSPORT, INC., : JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. 1037(b), kindly enter judgment in favor of the PlaintUI: Computer Support, Inc. and against Defendant, JCT Transport in the amount of $14,816.35, plus -- interest, costs and attorneys fees to be determined at a later hearing. I hereby certify that the Notice of Intention to File a Praecipe for Entry of Default Judgment was duly served upon Defendant, JCT Transport in accordance with Pa. R. Civ. P. 237.1. Attached as Exhibit nA" is a copy of Plaintiff's written Notice, which I certify was mailed by certified mail, return receipt requested, to Defendant, JCT Transport on June 27, 2006, which is at least 10 days prior to the filing of this Praecipe. By: dd Shi, Esquire Attorney I.D. No. 69225 Cory A. Iannacone Attorney 1.0. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Computer Support. Inc. TRUE COpy FROM RECORD In TllllluywherAt., ;~~r~ unto.",hanc lIld lee ;; , at CaIIII8, PI ,-"*~ ~~.~~ 614816.1 ..- . .- CERTIFICATE OF SERVICE I hereby certify that on this I ~ day of ~ 2006, a we and correct copy of the foregoing Praecipe for Entry of Default Judgment was served by means of United States mail, first class, postage prepaid, upon the following: JeT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 ~'~ .- 1> EXHIBIT "A" 597441.] .. A. ~ ~ RHOADS ji'flUH'l & SINON LLP Cory A. Iannacone ph (717) 237-6778 ft (711) 231-6698 ciannacone@rhOads-sinon.com 4 FILENO: 6287.025 June 27, 2006 Re: COlDDuter SaDDOn. IDe. v. JCf Transoort. IDe. CivIl Actio. - Law No. 06-~ JCT Transport, Inc. 825 Philadelphia Road Ab~ MD 21001 Via Certified MaD Return Reeefpt Requested Article #7005 1160 0003 4344 5904 Dear Sir or Madam: Enclosed please find a copy of a ten day Notice sent today on behalf of the Plaintiff in the above-captioned matter. We are forced take this action based on your failure to timely file an Answer. The Plaintiff is anxious to move forward with this litigation. We look forward to your prompt attention to this matter. In the event you fail to respond within ten days we will be forced to file an Entry of Default again you. If there are any questions or comments, please do not hesitate to contact me. Verr truly yours, RH07S~~~ BY:{//; Cory A.~Rrln"cone ~/'~ Enclosure ;t37nl Rhoads &r Sinon LLP · Attorneys at Law · Twelfth Floor · One South Market Square. P.O. Box 1146 ... .,. -- --.-- ....~ ~ ,___, ___ ____ ~ 1_._" __... _ .__ .. & ~ COMPUTER SUPPORT, INC., : IN TIm COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . : CIVll..ACTION - LAW : NO. 06-3164 v. JCT TRANSPORT, INC., . . : JURYTRIALDEMANDBD Defendant TO: JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 Date of Notice: June 27,2006 IMPORTANT NOnCE YOU ARE m DEFAULT BECAUSE YOU HAVE FAnm> TO ENTER. A WRIITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN' WRITING WITH THE COURT YOUR DEFENSES OR OB1ECTIONS TO THE CLAlMS SET FORm AGAmST YOU. UNLESS YOU Acr WITHIN TEN DAYS FROM THE DATE OF TInS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrmour A HEARJNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. . . YOU SHOUlD TAKE TIllS PAPER TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORlH BEWW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABour HlRIN'G A LAWYER. IF YOU CANNOT AFFORD 1HE HIRE A LAWYER, TInS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ~~A By: 'Gfks~Esquire "- Attorney I.D. No. 69225 COJy A Iannacone Attorney Ln. No. 200530 RHOADS &: SINON LLP One South Market Square, 12th Floor P.O. Box 1146 HmisbW"g, P A 17108-1] 46 (717) 233-5731 Attorneys for Computer Support. Inc. 613717.1 . ... UNITED STATES PQSJAL SEIMCE -- f II B'ALUMORE NO.2 " . 29-' .3UN'2G06 PR'; 4; . . · Sender. Pfease print your name, address, and ZIP+4 In this box · Cory A. Jann~cone, Esq. Rhoads & Sinon LLP One South Marleet Square, 12th PI P.O. Box 1146 Harrisburg, PA 17108-1146 11fj6. tir;Q1.~ "1~ ImmUtlIllUUlUllllmiUIIII"I.IIII.ntllllll,lIu'lI111 . ~O~V~J ~~~~~y~T,~P I j / Tlr" U' lr 11. II . lilt I' , Ii <lorJ"':' >> :t. " ....; t .J'':' '.J SF-r\Di P ,""1 f i: 1>1 } ,{ Cl rJ". . . eou..- ....1..2. and 3.1Jto ~ , Item ~ If R..4Lk.18d DIII'*Y Is desired. . Prtnt yoAIf nllTlllI1d Dhsa an the reverse 10 that we CIIn I8t&m 1he card to you. . Att8ch this C8Id to the beck of the mdpIeCe. . or on the front If epece permits. .:ii;;' B. 1. ArtIcle Addl 11" '1 to: D. '- diIIvwy ~ dIftlnnt from.... 11 v.s If YES. tnt8r dlIIwry Iddr8Ia ~ C No 3C-., tVd/YISptJr-r. ~, i"a S- Ph, io.dt.f ph jL f<.tf JtiP.l arcle.e/\ I M1:> 62l~ I 8.Sll)llceType or 0ertIII8d .... C __ MIll C ......4ld C Allum AlaIptfor~ C 1nIlnd.... C C.O.D. ... ~ DIII\Wy? -=- RIeJ C ... ~ 2. ~ Nnr. .faDS ],],bO 0003 4344 5~[]4 I PS.~CI~nnt"~R.unRec*pt 1CJ2U6.02..... t 540 I ..:.,- ... . , ' (') ......~ ~ C) f;:- !::",;.1 -0 , . c..:"" \ 4 '-C~':. ~ ~ ?': .-4 1, ~ !} :1:93 . ~ 1':;:':: ,,"r'11- ~ - ~-:j r:n .. 'j";C'; - ~ <::> ~. (;) .'~ \ ~ ~.:~ . - '\"~ ~:-~. -- """l':"1 -.::. t.... - . ~ -.. --..... ~~~:.~ \ ~ j.:. .-- ..- - '.._~ (;) l--- ~.::. . . ~ ~ ~ -< 0 ~ .r~ .< -t... PYS511 . Cumberland County Prothonotary's Office Civil Case Print Page 1 . ' 2006-03164 COMPUTER SUPPORT INC (vs) JCT TRANSPORT Reference No. . : Case Type.....: COMPLAINT Judgment......: 14816.35 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- INC F i 1 ed. . . . . . . . : Time. . . . . . . . . : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 6/02/2006 2:50 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info COMPUTER SUPPORT INC PLAINTIFF SHILL TODD J POBOX 2429 IANNACONE CORY A MECHANICSBURG PA 17055 2429 JCT TRANSPORT INC DEFENDANT 825 PHILADELPHIA ROAD ABERDEEN MD 21001 ******************************************************************************** Judgment Index Amount Date Desc JCT TRANSPORT INC 14,816.35 7/10/2006 DEFAULT JUDGMENT ******************************************************************************** * Date Entries * ******************************************************************************** 6/02/2006 7/10/2006 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CIVIL ACTION 7/10/2006 7/10/2006 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF $14816.35 ------------------------------------------------------------------- NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- AFFIDAVIT OF SERVICE -NOTICE AND COMPLAINT - BY CORY A IANNACONE ATTY FOR PLFF ------------------------------------------------------------------- EXEMPLIFIED RECORD - OUT OF STATE - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 8/25/2006 ~******************************************************************************* ~ Escrow Information * ~ Fees & Debits Beo Bal Pvmts/Adl End Bal * ~****************************************~******~******************************* COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE JDMT 35.00 35.00 .50 .50 5.00 5.00 5.00 5.00 10.00 10.00 9.00 9.00 ------------------------ 64.50 64.50 .00 .00 .00 .00 .00 .00 .00 ~******************************************************************************* ~ End of Case Information * ~******************************************************************************* TRUE COpy FROM RECORD 'n Testimonywhert:'....!J unto set my ban and the seallll. .. ~1sJB. PI. ThS-i~p ~~ ~ l2A~_ Pt~'" . .' RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 8/25/2006 10:34:21 182075 Case Number 2006-99999 COMPUTER SUPPORT INC (VS) JCT TRANSPORT INC Received of PD RHOADS & SINON 01-3164 1M Total Non-Cash..... + Total Cash.... ..... + Change............. - Receipt total...... 10.00 .00 .00 10.00 Check# 26011 ------------------------ Distribution Of Payment ------------------------ Transaction Description Payment Amount EX RECORD 10.00 CUMBERLAND CO GENERAL FUND 10.00 . ..' ~- COMPUTER SUPPORT, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, INC., : JURY TRIAL DEMANDED Defendant AFFIDA VIT I, Cory A. Iannacone, Esquire, being over 18 years of age, hereby verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subj ect to the penalties of law, relating to unsworn falsification to authorities. 1. The last known post office address of Plaintiff, Computer Support, IDe. is 54 West Main Street; Mechanicsburg, PA 17055. 2. The last known post office address of Defendant, JCT Transport, IDe. is 825 Philadelphia Road; Aberdeen,:MD 21001. tJ'1 1/5 / tJb Date' , /1 e tf! r ';(&7/ ~ ~ . Iannacone ----.... Sworn to and Subscribed to me This i...1'-tS day of ~~ , 2006 ~ot.rt d{. ~ f1 tary Public 622421.1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Judith L Krape. NQtary Public CIty Of Harrisburg, Dauphin County My CanmIssicn Expires 0cl14. 2007 Member. Pennsylvania Association Of Notaries . . . .a- Exhibit "c" ~ t . t';ii ~, /1 \ \" t/III hl'\\ RHOADS jtllll~ & SINON LLP Cory A. Iannacone ph (717) 237-6778 Ix (717) 231-6698 ciannacone@rhoads-sinon.com FILE NO: 6287/25 December 1, 2006 Re: Computer Support Inc. v. JCT Transport. Inc... No. 06-3164 Wayne E. Price JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 Dear Mr. Price: As you are aware, Rhoads & Sinon LLP are the attorneys for Computer Support, Inc. ("CSI"). On August 25, 2006, CSI obtained a judgment against JCT Transport, Inc. ("JCT") in the above-referenced matter, which is entered in the amount of $14,816.35 and, in addition, included interest, costs and attorneys fees to be determined at a later hearing. At this point in time, CSI is now petitioning the Court to hold a hearing to make a determination as to the interest, costs, and attorneys fees to which CSI is entitled. In order to file a Motion with the Court to obtain this hearing, we are required, pursuant to the Local Court Rules, to seek the concurrence of the opposing party. Please contact me by Thursday, December 7, 2006 to let me know if you concur in this Motion. In the event I do not hear a response within that time period, I will presume that you do not concur in said Motion, and will proceed accordingly. Feel free to contact me with any questions or concerns. Thank you for your attention to this matter. Very truly yours, By: I 7 ttO, ory A. I cc: Todd Shill, Esq. Fred Nichols 631830.1 Rhoads &. Sinon LLP · Attorneys at Law · Twelfth Floor · One South Market Square · PO_ Box 1146 Harrisburg, PA 17108-1146 · ph (717) 233-5731 · fx (717) 232-1459 · www.rhoads-sinon.com ~ ". .. . CERTIFICATE OF SERVICE I hereby certify that on this /Lf f~ day of J)..Re.vmbev ,2006, a true and correct copy of the foregoing Motion to Grant Hearing for Determination of Interest, Costs and Attorneys' Fees was served by means of United States mail, first class, postage prepaid, upon the following: JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 ~'~ (2 s.::;. .-;:.:.....-.. ~ <;.;:;::> c:;;r" c:J rfl n .r:- c"") -n .-\ :r:.-n II'? -nm -he) (,~:.; ~:) '-:;":eo. :.~2?) - ~_tTl ,~_.f :::~l ~ C,:y en 0') 631046.1 .~ COMPUTER SUPPORT, INC., ut.l, 10 lUUb / J : IN THE COURT OF COMMON p~ " 2006 : CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, INC., Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this ~(f day of ~ , 2006, it is hereby ORDERED and DECREED, that a hearing will be held in the above-captioned matter on ~ day of F'~ ,2067, at 7:~ 0 A .m. in Court Room ~ for a determination of interest, costs and attorney's fees, with a subsequent Court Order to follow said hearing. J. .~'--"",I:'1r\ "'jl:v La :6 HV 92 :J30 goaz Ab"110i\;JLLCdd JHl :JO 3::::~ r::::_J {)---O::jll.=1 .. ri1i ,...... 40~ RHOADS :B & SINON LLP Cory A. Iannacone ph (717) 237-6778 Ix (717) 231-6698 ciannacone@rhoads-sinon.com FILE NO 6287/25 -------~--,._-_._---_._'_._.---_.~._,._-----_.-._~--- February 16, 2007 Re: Computer Support. Inc. v. JeT Transport. Inc.: No. 06-3164 Cumberland County Court of Common Pleas Attention: Mandy Cortez, RPR One Courthouse Square Court Reporters Office Carlisle, P A 17013 Dear Ms. Cortez: This morning, at 9:30 a.m., a hearing was held before the Honorable Edward E. Guido in Courtroom 3 concerning Computer Support, Inc.'s ("CSI") attorneys' fees, costs and interest in the above-referenced matter. At the close of the hearing, Judge Guido requested verification from CSI's counsel that Defendant, JCT Transport, Inc. ("JCT"), had been served with notice of the hearing. Per Judge Guido's request, enclosed please find a signed Affidavit from Elizabeth Sharpe, my secretary at the time, stating that she had forwarded extra copies of the proposed Order for the hearing together with postage-paid envelopes addressed to each party on the service list, specifically including JCT. Please forward same onto Judge Guido so that today's Order, granting CSI its attorneys' fees, costs and interest can be issued. Feel free to contact me with any questions or concerns. Thank you for your attention to this matter. Very truly yours, By: Enclosure cc: Todd Shill Kevin Gold Fred Nichols JCT Transport, Inc. 640670. I Rhoads &: Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg, PA 17108-1146 . ph (717) 233-5731 · Ix (717) 232-1459 · www.rhoads-sinon.com COMPUTER SUPPORT, INe., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 06-3164 JCT TRANSPORT, INe., : JURY TRIAL DEMANDED Defendant AFFIDAVIT OF ELIZABETH SHARPE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN I, Elizabeth Sharpe, legal secretary at Rhoads & Sinon LLP, being duly sworn according to law, depose and say as follows: 1. I have been a legal secretary at Rhoads & Sinon LLP from February 13, 2006 through the present. 2. From February 13, 2006 through December 18, 2006, I worked directly with Cory A. Iannacone, an associate at Rhoads & Sinon LLP, as his legal secretary. 3. On December 14, 2006, I filed with the Office of the Prothonotary at the Cumberland County Court of Common Pleas, on Mr. Iannacone's behalf, a copy of a Motion to Grant Hearing for Determination of Interest, Costs and Attorneys' Fees ("Motion") in connection with Computer Support. Inc. v. JCT Transport. Inc.; Civil Action No. 06-3164. (A copy of the cover letter, dated December 14, 2006, which I sent to Curtis Long, Prothonotary, on Mr. Iannacone's behalf, is attached hereto as Exhibit "A".) 640636.1 4. Also on December 14, 2006, I mailed a copy of the Motion to Defendant, JCT Transport, Inc. ("JCT") by means of United States mail, first class, postage prepaid at the address of 825 Philadelphia Road, Aberdeen, Maryland 21001. (A copy of the Certificate of Service, dated December 14, 2006, bearing my signature, and which accompanied the Motion, is attached hereto as Exhibit "B".) 5. JCT has previously accepted service of correspondence sent to its address at 825 Philadelphia Road, Aberdeen, Maryland 21001. (A copy of two return receipts signed for by JCT at its address of 825 Philadelphia Road, Aberdeen, Maryland 21001 have been collectively attached hereto as Exhibit "C".) 6. On December 14,2006, I received a phone call from "Janie" at the Office ofthe Prothonotary at the Cumberland County Court of Common Pleas. Janie informed me that additional copies of the proposed Order, pertaining to the Motion, needed to be sent to the Prothonotary for distribution to all parties in the action. Janie further informed me that the additional proposed Orders should be accompanied with postage-paid envelopes addressed to each party on the service list. 7. On December 15,2006, I sent via messenger (i.e., hand delivery), to the attention of Janie, at the Office of the Prothonotary, Cumberland County Court of Common Pleas, additional copies of the proposed Order for distribution to all parties in the action. In addition, I also sent postage-paid envelopes addressed to each party on the service list-specifically, Plaintiff, Computer Support, Inc and Defendant, JCT. (A copy of the cover letter, dated December 15,2006, which I sent on Mr. Iannacone's behalf to the Office of the Prothonotary, is attached hereto at Exhibit "D".) - 2 - 8. I addressed one envelope to JCT at its address of 825 Philadelphia Road, Aberdeen, Maryland 2100l-the same address which JCT has previously accepted service-so that the Order could be properly served upon JCT. E~~ By: Sworn to and SubscQ.bed before me this ~ day ofFeb y ':f. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria Indovina. Notary Public City Of Harrisburg. Dauphin County My Commission Expires July 5. 2008 Member, Pennsylvania Association Of Notaries - 3 - Exhibit "A" 632474.1 / ! w :I./.\~~ RHOADS JlIIHi~ & SINON LLP J Cory A. Iannacone ph (717) 237-6778 Ix (717) 231-6698 ciannacone@rhoads-sinon.com FILENO 6287.025 December 14,2006 Re: Computer Support, Inc. v. JCT Transport, Inc. Civil Action No. 06-3164 Via Messenger Curtis Long, Prothonotary Cumberland County Court of Common Pleas One Courthouse Square Carlisle,PA 17013 Dear Mr. Long: Enclosed for filing in the above-referenced proceeding please find the original and two copies of the Motion to Grant Hearing for Determination of Interest, Costs and Attorneys' Fees of Plaintiff, Computer Support, Inc. Please date stamp the extra copies, and return them to me in the pre-addressed, postage paid envelope provided. Thank you for your attention to this matter. Very truly yours, RHO~~ SINON~ (0~!l1. t, ~~ By:!.. (I Leory i . Iannacone Enclosures cc: JCT Transport, Inc. 633320.1 Rhoads &: Sinon LLP . Attorneys at Law. Twelfth Floor' One South Market Square · P.O. Box 1146 Harrisburg, PA 17108-1146 · ph (717) 233-5731 · Ix (717) 232-1459 . www.rhoads-sinon.com Exhibit "B" .-",.-- e 8 CERTIFICATE OF SERVICE I hereby certify that on this /4 fh day of J)..R~'mhtv ,2006, a true and correct copy ofthe foregoing Motion to Grant Hearing for Determination of Interest, Costs and Attorneys' Fees was served by means of United States mail, first class, postage prepaid, upon the following: JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 ds~ Exhibit "c" '.. ...<....,"'...T"=>r""""...."._"',.~..',,.......-.~ "'- e . I UNITED STATES POSTAL SERVlC.E xII ~. 81M.UMORE MD2 ... : .0-:. USPs e& . o. or 2S' JUN':rooe; prq', 4;' ..... 0 . -.;' - . . .. . .' ....". · Sender: Please print your name, address, and ZIP+4ln this box . - -. Cory A. Iannacone, Esq. Rhoads & Sinon LLP One South Market Square, 1ih Fl P.O. Box 1146 Harrisburg, P A 17108-1146 1 i8~ ~9.i~ ."1..- 111111111I111I111111/1,,11111111111111,,11111/11111,11,",,11I . C1(::> CpYn r' ~i-lPJ? y:J <! T (YtfM$ P j f J / '1'11'-- H II" II. 111111 II , ~; ';_"oJ.,,: :.0" ~-J._: ,. .J'.~ ".... SENDER: COMPLETE THIS SECTION cor,lPLETE THIS SECTlO~. ON DELlVE qy , . Complete Items 1; 2, and 3. Also complete , item 4 If RestrictecI DeIlvery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: 'Jc..-r fVtL1/IS ftJr-r, I,/V!, ?~5' Ph/lt{deJpr,,~ f2.-J .It iP.e v-d-e.e.r\ t!'AD 62100 I A. SIgnature Xf B. D. Is c/eI/very address dlffeJent from item 17 If YES, enter delivery address below: 3.~~ IB' CertiIiecI Mall [J Express Mall o Registered C Return Receipt for Merchandise C II1SUI8d Mall C C.O.D. 4. Restricted DeIIvery1 (Extra Fee) 0 Yes ~ 2. =~ Nnr ~a05 1160 0003 4344 5904 I PS.~~1:tFMP1~I~~V~mestlc Return Receipt '. 102595-02-M-154O j ~ e , -... ' L.-. .. D&A~~~E MD2xll u~ "" - r ostage & I-.... USPS _ . OS .:JtJN 2Q06 PM8 0 - ~ - ".' ." . :t!.~... . . . - - . Sender. Please print your name, address, and ZJP+4 in this box · Cory A. Iannacone, Esq. Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 ~ ~ i4E. E:i:1i:';: \" " 11I,111.., J Ill.. .1., I, " .11 III JI,l, ,I,ll, "1,, t I II,. UI III ! J ,. .. . . , COMPLE TE THIS SECT/Or; ON DEL/VEt'"/( . 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 retum the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. MIele Addressed to: o Agent ~ 0 Addressee C. Date of Denvery G:,'f.b D. Is de/IveIy address different from item 1? 0 Yes If YES, enter delivery address below: 0 No JCT Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 3. SeI)lc:e Type lit'" CertIfIed Mall CJ Express Mall C Registered 0 Return ReceIpt for Merchandise C In8ured Mall 0 C.O.D. 4. Restricted DeIlvery? (Extra Fee) 0 Yes "'- 2. ArtIcl8 Number (T"ransfer from S8tVlc:e IBbeI) PS Form 3811 J February 2004 70D5 3110 0004 3215 9407 Domestic Return Receipt 102595-02-M-1540 Exhibit "D" ;. ~ ir:{I\~~~ RHOADS JmIl!I~ & SINON LLP Cory A. Iannacone ph (717) 237-6778 Ix (717) 231-6698 ciannacone@rhoads-sinon.com FILENO 6287.025 December 15,2006 Re: Computer Support., Inc. v. JCT Transport, Inc. Civil Action No. 06-3164 Via Messenger Office of the Prothonotary Attn: Janie Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Dear Janie: Thank you for your telephone call to my secretary yesterday afternoon. Enclosed per that conversation please find additional copies of the proposed Order (pertinent to the Motion to Grant Hearing for Determination of Interest, Costs and Attorneys' Fees of Plaintiff, Computer Support, Inc.) for distribution in the above-referenced proceeding, together with postage-paid envelopes addressed to each party on the service list. Please contact me if you have any additional questions. Thank you for your attention to this matter. Very truly yours, RHOADS & SINON LLP By: ~ A. :Ja~6:AA.( /t:~ Cory A. Iannacone Enclosures 633320.1 Rhoads 1St Sinon LLP . Attorneys at Law' Twelfth Floor. One South Market Square' P.O. Box 1146 l-f~rriC:hllrC1 PA 171 OR-114n . "h (717) ? ~ ~-'l7'11 . fv (717) ? '1?_ 14'>0 . ururur rhn"rlc_dn n... "n~ o ~ 1':-'1 r-.) = C~ ~ -., f"Y"l CO 0"' -0 :x ,-~... '- ' C~J C.: -c'" ~ .;:::- ~ ~~ '-0 -:JJ _ b- :::;:!C~, ,_.... 9'- "'--I 9~ ~ CT\ COMPUTER SUPPORT, INC., Plaintiff VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JCT. TRANSPORT, INC., Defendant NO. 06-3164 ORDER OF COURT AND NOW, this 16th day of February, 2007, the Plaintiff is awarded costs and attorney fees in the amount of $4,776.18. The Plaintiff is further entitled to interest on the judgment amount of $14,816.35 at the judgment rate of 6 percent per annum from July 10, 2006. ~OADS & SINON LLP Corry A. Iannacone, Esquire One South Market Square, 12th P.O. Box 1146 Harrisburg, PA 17108-1146 For the Plaintiff ~T Transport, Inc. 825 Philadelphia Road Aberdeen, MD 21001 Floor ~ :mlc VJNV/',lASNN3d 11l\F'j(''-'' ,-", 1-'Y';lf'Jn'" I\.U ..~ ~':,) './ ~',J .::' <~; l \" '....J 20 :6 HV ZZ B33 LOOZ )..L.'\.i\:O';."I(\ll1'(":\,ld :JHl -.10 av.L: l'lJr. .....1... ,.J .:J 301:Hf' -G31tj