Stuart A. Carpey, Esquire Attorney I.D. No.: 49490 Carpey Law 100 W. Elm Street, Suite 310 Conshohocken, PA 19428 (610) 834-6030 [email protected] Advanced Voice Data Solutions, Inc.

Non Jury

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Court of Common Pleas Philadelphia County

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TERM

: Plaintiff, v. Berkeley Point Capital, LLC :

No.:

: : : Defendant. : _______________________________________________________________________________ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Lawyer Referral Service Philadelphia Bar Association Lawyer Referral and Information Service One Reading Center Philadelphia, Pennsylvania 19017 Telephone: (215) 238-6333 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o nofificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades y otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Asociacón De Licenciados De Filadelfia Servicio De Referencia EInformación Legal,One Reading Center Filadelfia, Pennsylvania 19107 Telefono: (215) 238-6333

PLAINTIFF'S COMPLAINT PARTIES 1.

Plaintiff, Advanced Voice Data Solutions, Inc., is a corporation authorized to conduct business in Pennsylvania with a principal place of business at the above address.

2.

Defendant, Berkeley Point Capital, LLC, is a corporation authorized to conduct business in Pennsylvania with a principal place of at the above address and regularly conducts business in Philadelphia, County, Pennsylvania.

3.

At all times relevant herein, Defendant’s agents, servants and/or employees acted within the course and scope of their employment.

4.

At all times relevant herein, Defendant acted by agents, servants, and/or employees acting within in the course and scope of their employment including David Aberra then and at all relevant times being the Information Technology Coordinator of Defendant who at all times relevant herein had authority to contract on behalf of Defendant.

COUNT I BREACH OF CONTRACT 5.

Plaintiff hereby incorporates paragraphs 1-4 herein by reference as though more fully set forth at length.

6.

On or about November 24, 2015 the parties entered into a contract for installation of inter alia telephone lines, computer lines, cable lines, electrical outlets, server cabinets, air conditioners, data racks and other items at Defendant’s business location located at 1180 Welsh Road, Suite 210, North Wales, PA 19454, and at a second location located at 2500 Northwinds Parkway, Alpharetta, GA 30009 in exchange for which Defendant was to pay Plaintiff $54,024.00 exclusive of tax and other incidental costs, said contract being in full force and effect at all times relevant. The terms of the work were negotiated between Shaun Nolan on behalf of Plaintiff and David Aberra on behalf of Defendant, and Mr. Aberra was aware of, approved of 2

and requested all work to be done by Plaintiff. A copy of the Statement of Work is attached hereto as Exhibit "A". 7.

On or about December 8, 2015 Plaintiff completed work pursuant to the terms of the contract.

8.

Specifically, Plaintiff installed telephone lines, computer lines, cable lines, electrical outlets, server cabinets, air conditioners, data racks and other items at Defendant’s business location located at 1180 Welsh Road, Suite 210, North Wales, PA 19454, and at a second location located at 2500 Northwinds Parkway, Alpharetta, GA 30009 as stated aforesaid.

9.

Thereafter, Plaintiff requested timely payment in accordance with the terms of the contract.

10.

Defendant initially agreed to pay under its contractual obligations but subsequently on December 8, 2015 breached and refused to pay and continues to refuse to pay, and thereafter David Aberra told Plaintiff that Defendant did not intend to pay Plaintiff for the work that Plaintiff had performed.

11.

Plaintiff performed the contractual obligations theretofore under its portion of the contract.

12.

Defendant acted unreasonably through its employees in not paying for services performed by Plaintiff.

13.

Defendant has failed to meet the terms of the contract by not paying the agreed to sums, and Defendant has continued to be in breach.

14.

As a result of Defendant’s failure to pay the aforesaid sums, in breach of said contract, Plaintiff has suffered damages, including contractual damages, as well as incidental and consequential damages, and has been forced to incur attorney’s fees and legal expenses in an effort to collect payment outlined in the contract said sums that are now past due.

WHEREFORE, Plaintiff, Advanced Voice Data Solutions, Inc., demands: Damages from the Defendant in an amount in excess of FIFTY THOUSAND ($50,000.00) DOLLARS, exclusive of interest, costs and attorney’s fees.

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COUNT II UNJUST ENRICHMENT 15.

Plaintiff incorporates by reference paragraphs 1 through 14, inclusive, of the Complaint as if fully set forth herein.

16.

As a result of the conduct described above, Defendant has been unjustly enriched at the expense of Plaintiff.

17.

Defendant should be required to disgorge all monies, profits and gains which it has obtained or will unjustly obtain in the future at the expense of Plaintiff, and a constructive trust should be imposed thereon for the benefit of Plaintiff.

WHEREFORE, Plaintiff, Advanced Voice Data Solutions, Inc., demands: Damages from the Defendant in an amount in excess of FIFTY THOUSAND ($50,000.00) DOLLARS, exclusive of interest, costs and attorney’s fees.

COUNT III CONVERSION 18. Plaintiff incorporates by reference paragraphs 1 through 17, inclusive, of the Complaint as if fully set forth herein. 19. Plaintiff has requested that the items and property identified herein which were delivered and installed by Plaintiff be returned to Plaintiff. 20. Defendant has taken Plaintiff’s property belonging to Plaintiff, and converted the same to its own use, and has refused to return the property to Plaintiff.

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WHEREFORE, Plaintiff, Advanced Voice Data Solutions, Inc., demands: Damages from the Defendant in an amount in excess of FIFTY THOUSAND ($50,000.00) DOLLARS, exclusive of interest, costs and attorney’s fees, together with exemplary and punitive damages.

BY: ________________________ STUART A. CARPEY, ESQUIRE Attorney for Plaintiff

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VERIFICATION Advanced Voice Data Solutions, Inc., (AVDS) is the Plaintiff and Shaun Nolan is the sole shareholder and owner of AVDS in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of Plaintiff's knowledge, information and belief. The undersigned understands the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.

Shaun Nolan, Owner Advanced Voice Data Solutions, Inc.

Date:

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