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HomeMy WebLinkAbout00-00174 J""""",,- . ... LAW OFFICES OF ROBERT A, STUTMAN, P,C, By: David P. Eastlack, Esquire Attorney J.D. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 215-283-1177 Attorney for Plaintiff JUNE DODSON 813 Riverview Road LeMoyne, P A v. ZEPLIN SECURITY GROUP, INC. 2026 Market Street Camp Hill, PA 17011 NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint. 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 2 liberty Avenue Carlisle, PA 17013 (717) 249,3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. .;2000 - 171 CD~L~ 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 plaza al partir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda continuar la demanda en contra suva sin previo aviso 0 notificaci6n. 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 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECClON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENClA LEGAl. LAWYER REFERRAL SERVICE 2 liberty Avenue Carlisle, PA 17013 (717) 249-3166 ..~~- -- ~~.~~ -.. . LAW OFFICES OF ROBERT A, STUTMAN, P,C, By: David P. Eastlack, Esquire Attorney LD. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 215-283-1177 Attorney for Plaintiff JUNE DODSON 813 Riverview Road LeMoyne, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. ZEPLIN SECURITY GROUP, INC. 2026 Market Street Camp Hill, PA 17011 NO. oll/Vll - /? 'f CU;G/ T.tA..+--- CIVIL ACTION Plaintiff, June Dodson, by and through her attorneys, Law Offices of Robert A. Stutman, P.C., hereby avers as follows: 1. Plaintiff, June Dodson, is an adult individual residing at 813 Riverview Road, LeMoyne, Pennsylvania. 2. Defendant, Zeplin Security Group, Inc. (hereinafter "Zeplin"), is a Pennsylvania corporation with a principal place of business located at 2026 Market Street, Camp Hill, Pennsylvania. 3. At all material times, defendant Zeplin, was acting through its agents, employees, subcontractors and/or servants. 4. On July 24, 1998, plaintiff and defendant entered into a contract in which defendant agreed to install, maintain and monitor a security system, which included a low ""', ' ._~. ~ - . temperature alann, at plaintiff's residence. 5. On or about January 20, 1999, a home heating oil deliveryman discovered that the home's heating system had failed and that the home's baseboard heating pipes had frozen and burst, causing substantial damage. 6. Despite the drop in temperature following the failure of the heating system, the low temperature alann installed by Zeplin did not activate and Zeplin's central monitoring station never received any indication of a temperature-related problem at plaintiff's home. 7. The alann system which was manufactured, designed, engineered, assembled, installed, serviced, monitored and/or under the exclusive control of Zeplin Security Group, Inc., failed to activate despite the fact that the temperature in plaintiff's home was so low as to permit the water in the baseboard heating pipes to freeze. 8. As a result of the alann system's failure to activate, the low temperature condition in plaintiff's home went unnoticed for some period oftime, permitting the pipes to freeze and burst. 9. As a direct and proximate result of the aforementioned incident, and the failure of the alann system, plaintiff sustained extensive damages and destruction of her real and personal property Count I - Ne!!li!!ence 10. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 9 as if same were fully set forth herein at length. 11. Defendant, Zeplin Security Group, Inc., had a duty to plaintiff to exercise reasonable care in the manufacturing, designing, engineering, installing, assembling, monitoring 2 ,,,,"~~^."'k<mo_.~..~ ~ I ":'~L ~, " and servicing of the alarm system and Zeplin had a duty to ensure that the system was proper for its intended use. 12. The above damages sustained by plaintiff was caused by the negligence, carelessness, recklessness, and/or negligent acts and/or omissions of defendant Zeplin in: a. improperly designing, engineering, manufacturing, assembling, monitoring, installing and servicing the alarm system in a manner which it knew or should have known was defective, improper for its intended use and unreasonably dangerous in nature and design; b. failing to design, engineer, manufacture, assemble, install, service and monitor the alarm system in a manner fit for its intended use; c. failing to adequately, properly and safely inspect and test the alarm system, which inspections or tests would have revealed the existence of the inherently defective and dangerous condition; d. failing to wam plaintiff of the defective and unreasonably dangerous nature of the alarm system; e. failing to design, engineer, manufacture, assemble, install, service and monitor the alarm system so as to protect against the risk of damage; f. failing to calibrate the temperature sensor; g. failing to install the proper number of temperature sensors in accordance with the manufacturer's specifications; h. utilizing employees which defendant knew, or in the exercise of reasonable care, should have known were not properly trained for the work performed at 3 the property; I. violating and failing to comply with federal and state statutes, local ordinances and all other rules, enactments, codes or regulations applicable or in effect, be they administrative, UL, NFP A standards and/or industry wide standards or otherwise pertaining to defendant's work; J. failing to perform regular maintenance, inspections and repairs to the security system; 13. The aforesaid carelessness, negligence, recklessness and/or negligent acts and/or omissions of Zeplin was the direct and proximate cause of the damages sustained by plaintiff. WHEREFORE, plaintiff demands judgment against the defendant, Zeplin, in an amount in excess of$100,000.00 with interest, costs of suit and such other and further teliefas this Court may deem proper, just and equitable. Count II - Gross Nel!lil!ence 14. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 13 as if same were fully set forth herein at length. 15. Defendant, Zeplin, had a duty to plaintiff to exercise reasonable care in the manufacturing, designing, engineering, installing, assembling, monitoring and servicing ofthe security system and had a duty to ensure that the system was proper for its intended use. 16. The above incident and the consequent damages sustained by plaintiff was caused by the gross negligence, carelessness, recklessness, and/or gross negligent acts and/or omissions 4 ,.- I j~ "~'~ . of defendant Zeplin in: a. improperly designing, engineering, manufacturing, assembling, monitoring, installing and servicing the security system in a manner which it knew or should have known was defective, improper for its intended use and unreasonably dangerous in nature and design; b. failing to design, engineer, manufacture, assemble, install, service and monitor the security system in a manner fit for its intended use; c. failing to adequately, properly and safely inspect and test the alarm, which inspections or tests would have revealed the existence ofthe inherently defective and dangerous condjtion; d. failing to warn plaintiff of the defective and unreasonably dangerous nature of the security system; e. failing to design, engineer, manufacture, assemble, install, service and monitor the alarm system so as to protect against the risk of damage; f. failing to calibrate the temperature sensor; g. failing to install the proper number oftemperature sensors in accordance with the manufacturer's specifications; h. utilizing employees which defendant knew, or in the exercise of reasonable care, should have known were not properly trained for the work performed at the property; I. violating and failing to comply with federal and state statutes, local ordinance and all other rules, enactments, codes or regulations applicable or in effect, be 5 -"'~~" . i ~ 1ll"- they administrative, UL, NFP A standards and industry wide standards or otherwise pertaining to defendant's work; 17. The aforesaid gross negligence was the direct and proximate cause of the damages sustained by plaintiff. WHEREFORE, plaintiff demands judgment against the defendant, Zeplin, in an amount in excess of$100,000.00 with interest, costs of suit and such other and further relief as this Court may deem proper, just and equitable. Count III - Breach of Contact 18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 17 as if same were fully set forth herein at length. 19. Defendant, Zeplin, expressly and/or impliedly agreed to manufacture, design, engineer, assemble, install, service and monitor plaintiff s security system. 20. Defendant, Zeplin, breached its contract with plaintiff by: a. failing to install the alarm system in accordance with the manufacturer's specifications; b. failing to service, test and calibrate the alarm system, including the low temperature alarm and the temperature sensor; e. failing to install the proper number of temperature sensors and to locate those sensors throughout plaintiffs home in accordance with the manufacturer's instructions; and f. failing to notify plaintiff, police or fue department representatives or other 6 oiL _~ 1-'l1' appropriate individuals of the low temperature conditions which existed at plaintiffs home prior to January 20, 1998. 21. As a direct result of Zeplin' s contractual breaches, plaintiff sustained damages to its real and personal property. WHEREFORE, plaintiff demands judgment against the defendant, Zeplin, in an amount in excess of $1 00,000.00 with interest, costs of suit and such other and further relief as this Court may deem proper, just and equitable. LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: David P. Eastlack, EsqUIre Attorney for Plaintiff, June Dodson Dated: I /7 /0 0 I I 7 .~ ~~- , ~ - VERIFICATION DAVID P. EASTLACK, ESQUIRE states that he is the attorney for plaintiff; that he is acquainted with the facts set forth in the foregoing Complaint; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. A-j~, ~ J DAVIDP.EASTLACK,ESQUIRE Attorney for Plaintiff, June Dodson Dated: I /7)00 I / ~~!ili.~illiSWll!llkjl!i!lL'iLiil/W;ym~.!ri;IiO:M"-'"l!M6""'''''"'''$.''''''l!l.il<-'''-.j~~ ,< '^' , ,=w.~. ~"~~ ~ l=Y0~ ~ ~ 'i ~ ~~ :Eh 086 :{) ~ f , ~ (tJ (/) f' i- ~ iL I, f . ~ g Q' fG)" ~.. <-n' . en .:::=' ---I ITI ,<'- '., ~;:r,j ;;;: ;"?:..~n b 6i5; -,:iT) -<2 0 ;;;, '? ~Ct '-...._J(_. )> ~ x:~'- 2:0 ....10; ('') ,8 ~8 ..''':;, ~ ,~, 2:~,..,.,' Z J..':' 0;1<" =< ~ ~ -< tp (iP rt) -~ ~ '&-& 1 (y ~~ ~ f ~;) (6 ~- I ~, ,'" ~ '- , ".--.. -." - " ,^<,,-, ".. ""- " ''-'''''~ -, ," ,~, , :j- _J. IIiil I , ~" 4 LAW OFFICES OF ROBERT A. STUTMAN, P,C, By: David P. Eastlack, Esquire Attorney LD. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 (215) 283-1177 Attorney for Plaintiff JUNE DODSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 2000-174 ZEPLIN SECURITY GROUP, INC. PRAECIPE TO REINTSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. LAW OFFICES OF ROBERT A. STUTMAN, P.C. N~~,C ~ DAVID P. EASTLACK, ESQUIRE Attorney for Plaintiff ~ ~ L , '>M<' 6L1 5- 60t:>5. LAW OFFICES OF ROBERT A, STUTMAN, P.C, By: David P. Eastlack, Esquire Attorney I.D. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 215,283-1177 Attorney for Plaintiff JUNE DODSON 813 Riverview Road LeMoyne, P A v. ZEPLIN SECURITY GROUP, INe. 2026 Market Street Camp Hill, PA 17011 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 selVed, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ATONCE_ 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 0 0 0 C 0 ;:< '- ::::-1 -ow S'; ! .~i ;:! mril Z;:J:) --~m Zr,:- 0 -nO UJ.r- .-", . -<2: '~(J ;;:0 -0 --',; '0" ~8 ::;;: 20 ry om )>c: ~ ?J N ell -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. .;tOOO - / 7r COl'l'-r~ AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las pagi nas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la netifieacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma eserita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda continuar la demanda en contra suya sin previa avisa a notificaci6n. Ademas, la corte puede deeidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede percler dinero 0 sus propiedades u otros dereehos importantes para usted. \ LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO TIENE ABOGADO 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LlAME POR TELEFONO A LA OFlClNA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENClA LEGAL. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -~'"- LAW OFFICES OF ROBERT A. STUTMAN, p,C, By: David P. Eastlack, Esquire Attorney I.D. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 215-283-1177 Attorney for Plaintiff g 0 -~ 0 ~~ s: ~ -- :Jl:(.G ';t:'.. ':~~ :::D fi-lp~ Z .,-- 7''''-' -tg ZC: 0 -:s-- ~"'~ .~C h_ :::1) ;:::0 --0 :.::t.'T~ :Jl: .:.j"'"1. ~o '---0 .-:0 ~ 5m :J>c ~ ~ N c.n "< JUNE DODSON 813 Riverview Road LeMoyne, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. ZEPLIN SECURITY GROUP, INC. 2026 Market Street Camp Hill, PA 17011 NO. J.000~ nty GULl CIVIL ACTION Plaintiff, June Dodson, by and through her attorneys, Law Offices of Robert A. Stutman, P.C., hereby avers as follows: 1. Plaintiff, June Dodson, is an adult individual residing at 813 Riverview Road, _ LeMoyne, Pennsylvania. 2. Defendant, Zeplin Security Group, Inc. (hereinafter "Zeplin"), is a Pennsylvania corporation with a principal place of business located at 2026 Market Street, Camp Hill, Pennsylvania. 3. At aU material times, defendant Zeplin, was acting through its agents, employees, subcontractors and! or servants. 4. On July 24, 1998, plaintiff and defendant entered into a contract in which defendant agreed to install, maintain and monitor a security system, which included a low " oJ .~. ',' temperature alann, at plaintiff s residence. 5. On or about January 20, 1999, a home heating oil deliveryman discovered that the home's heating system had failed and that the home's baseboard heating pipes had frozen and burst, causing substantial damage. 6. Despite the drop in temperature following the failure of the heating system, the low temperature alann installed by ZepIin did not activate and ZepIin's central monitoring station never received any indication of a temperature-related problem at plaintiff s home. 7. The alann system which was manufactured, designed, engineered, assembled, installed, serviced, monitored and/or under the exclusive control ofZeplin Security Group, Inc., failed to activate despite the fact that the temperature in plaintiff s home was so low as to perinit the water in the baseboard heating pipes to freeze. 8. As a result of the alann system's failure to activate, the low temperature condition in plaintiff s home went unnoticed for some period oftime, permitting the pipes to freeze and burst. 9. As a direct and proximate result of the aforementioned incident, and the failure of the alann system, plaintiff sustained extensive damages and destruction of her real and personal property Count I - Nel!IillenCe 10. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 9 as if same were fully set forth herein at length. 11. Defendant, Zeplin Security Group, Inc., had a duty to plaintiff to exercise reasonable care in the manufacturing, designing, engineering, installing, assembling, monitoring 2 ~i ,I j. ~~ ~ ~~ ~~ , , ~~ and servicing of the a1ann system and Zeplin had a duty to ensure that the system was proper for its intended use. 12. The above damages sustained by plaintiff was caused by the negligence, carelessness, recklessness, and/or negligent acts and/or omissions of defendant Zeplin in: a. improperly designing, engineering, manufacturing, assembling, monitoring, installing and servicing the alann system in a manner which it knew or should have known was defective, improper for its intended use and unreasonably dangerous in nature and design; b. failing to design, engineer, manufacture, assemble, install, service and monitor the alann system in a manner fit for its intended use; c. failing to adequately, properly and safely inspect and test the alann system, which inspections or tests would have revealed the existence of the inherently defective and dangerous condition; d. failing to warn plaintiff of the defective and unreasonably dangerous nature of the alann system; e. failing to design, engineer, manufacture, assemble, install, service and monitor the alann system so as to protect against the risk of damage; f. failing to calibrate the temperature sensor; g. failing to install the proper number oftemperature sensors in accordance with the manufacturer's specifications; h. utilizing employees which defendant knew, or in the exercise of reasonable care, should have known were not properly trained for the work performed at 3 'r " ~~ - I> the property; I. violating and failing to comply with federal and state statutes, local ordinances and all other rules, enactments, codes or regulations applicable or in effect, be they administrative, UL, NFP A standards and/or industry wide standards or otherwise pertaining to defendant's work; j. failing to perform regular maintenance, inspections and repairs to the security system; 13. The aforesaid carelessness, negligence, recklessness and/or negligent acts and/or omissions of Zeplin was the direct and proximate cause of the damages sustained by plaintiff. WHEREFORE, plaintiff demands judgment against the defendant, ZepIin, in an amount in excess of$100,000.00 with interest, costs of suit and such other and further teliefas this Court may deem proper, just and equitable. Count IT - Gross Nee:lie:ence 14. Plaintiff repeats and reaIleges each and every allegation contained in paragraphs I through 13 as if same were fully set forth herein at length. 15. Defendant, Zeplin, had a duty to plaintiff to exercise reasonable care in the manufacturing, designing, engineering, iustaIling, assembling, mouitoring and servicing of the security system and had a duty to ensure that the system was proper for its intended use. 16. The above incident and the consequent damages sustained by plaintiff was caused by the gross negligence, carelessness, recklessness, and/or gross negligent acts and/or omissions 4 _ cl<-" '. of defendant Zeplin in: a. improperly designing, engineering, manufacturing, assembling, monitoring, installing and servicing the security system in a manner which it knew or should have known was defective, improper for its intended use and unreasonably dangerous in nature and design; b. failing to design, engineer, manufacture, assemble, install, service and monitor the security system in a manner fit for its intended use; c. failing to adequately, properly and safely inspect and test the alarm, which inspections or tests would have revealed the existence of the inherently defective and dangerous condition; d. failing to warn plaintiff of the defective and unreasonably dangerous nature of the security system; e. failing to design, engineer, manufacture, assemble, install, service and monitor the alarm system so as to protect against the risk of damage; f. failing to calibrate the temperature sensor; g. failing to install the proper number of temperature sensors in accordance with the manufacturer's specifications; h. utilizing employees which defendant knew, or in the exercise of reasonable care, should have known were not properly trained for the work performed at the property; 1. violating and failing to comply with federal and state statutes, local ordinance and all other rules, enactments, codes or regulations applicable or in effect, be 5 J, _._L~~ ""~ they administrative, UL, NFP A standards and industry wide standards or otherwise pertaining to defendant's work; 17. The aforesaid gross negligence was the direct and proximate cause of the damages sustained by plaintiff. WHEREFORE, plaintiff demands judgment against the defendant, Zeplin, in an amount in excess of$100,000.00 with interest, costs of suit and such other and furtherreliefas this Court may deem proper, just and equitable. Count ill - Breach of Contact 18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 17 as if same were fully set forth herein at length. 19. Defendant, Zeplin, expressly and/or impliedly agreed to manufacture, design, engineer, assemble, install, service and monitor plaintiffs security system. 20. Defendant, Zeplin, breached its contract with plaintiff by: a. failing to install the alann system in accordance with the manufacturer's specifications; b. failing to service, test and calibrate the alann system, including the low temperature alann and the temperature sensor; e. failing to install the proper number oftemperature sensors and to locate those sensors throughout p1aintiffshome in accordance with the manufacturer's instructions; and f. failing to notify plaintiff, police or fire department representatives or other 6 'I 'I 1 - T' ~ , .. , - \ I i I I i \ \ i I I I i I ! '",. appropriate individuals of the low temperature conditions which existed at plaintiffs home prior to January 20, 1998. 21. As a direct result ofZeplin's contractual breaches, plaintiff sustained damages to its real and personal property. WHEREFORE, plaintiff demands judgment against the defendant, Zeplin, in an amount in excess of$100,000.00 with interest, costs of suit and such other and further relief as this Court may deem proper, just and equitable. LAW OFFICES OF ROBERT A. STUTMAN, P.C. ~ By: David P. Eastlack, EsqUIre Attorney for Plaintiff, June Dodson Dated: i /7/00 I I 7 i ..,,, ., ~ VERIFICATION DAVID P. EASTLACK, ESQUIRE states that he is the attorney for plaintiff; that he is acquainted with the facts set forth in the foregoing Complaint; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ~~?, ~) DAVID P. EASTLACK, ESQUIRE Attorney for Plaintiff, June Dodson Dated: I /7/00 / / ~i_tiliifiliilDlililil- ~*~~~.W~~.j,l~'" ,^_b 0' ~ '", ^~"<- ,~. ,', " " . ~ . .- n t:; -:J?- _: fl",]":- :2'-11 0,: r;.: 'oj )~ r-.., ~.,- .-~, 0:..;::: \~::.: ~- .- -'1 ;"';-1 :.":~i -<. "~ II~I , ''') C;::> -",'~~ ,-; :-J 1._, ,T1 .r-- ,,--.., -'-' -< ~~ ..... JUNE DODSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2000-174 ZEPLIN SECURITY GROUP, INC., Defendant CIVIL ACTION PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFENDANT ZEPLIN SECURITY GROUP. me. TO: Curtis R. Long, Prothonotary Please enter the appearance of the undersigned for Zeplin Security Group, Inc., the Defendant in this action. MILLER and MILLER BY:~ 1~ G. Thomas Miller J.D. #07219 Thomas R. Miller !.D. #49801 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendant DATE: March 22,2000 - I ~I ,. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon the following person( s) by United States first class mail, postage prepaid, on this date: David P. Eastlack, Esquire Law Offices of Robert A. Stutrnan, P.C. 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 (Attorney for Plaintiff) Lovice I. Kauffman, Secre MILLER and MILLER Date: March 22, 2000 ~~........'iiIt;.1iii ~ ~-"I-~ = " ~ -.....~illi'ilt!/allrn:fit - , ~ ~~ ',', - . ~ "c ._ ";Ii (') c::> 0 C c::> "" ",- ::'E: -~ --{ ""'Ot.U :r" r mm ;;0 :'i'l~ Z:n ZS;' f'o.) -"m en ~, w ,-(~~JO -<'" ?" .,,,~) I -~ -:,0 ~C " .,'C__,! ~O ~. J,. "!1 - 90 >8 ~ --m ~ Z ~ =< <n -< . "~ " lilI.~~~J , ....,.,.;."'i!@"j .,.. . . LAW OFFICES OF ROBERT A, STUTMAN, P,C, By: David P. Eastlack, Esquire Attorney LD. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 215-283-1177 Attorney for Plaintiff JUNE DODSON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. ZEPLIN SECURITY GROUP, INC. NO. 2000-174 CERTIFICATION OF SERVICE This will certify that a true and correct copy of the Complaint in the above-referenced matter, was served on Defendant Zeplin Security Group, Inc. , on March 13, 2000 as evidenced by tbe attached Sheriff's Return of Service. LAW OFFICES OF ROBERT A. STUTMAN, P.c. By iJ-J ~ <~ David P. Eastlack, Esquire Attorney for Plaintiff - I ',,-, '~ 1~ SHERIFF'S RETURN - REGULAR 0<15 - 6 Cff5. CASE NO: 2000-00174 P ,. . "COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DODSON JUNE VS ZEPLIN SECURITY GROUP INC DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZEPLIN SECURITY GROUP INC the DEFENDANT , at. 0015:04 HOURS, on the 13th day of March 2000 at 2026 MARKET STREET CAMP HILL, PA 17011 PENDRID LOVE (BOOKKEEPER) by handing to a true and attested copy of COMPLAINT & NOTICE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 so;::~~! R. Thomas Kline me this day of 03/15/2000 ROBERT A. STUTMAN CJ~WV\ ~. ~ Deputy heriff By: Sworn and Subscribed to before A.D. Prothonotary 1~~..iiJ"W'~ ao:I'lOlOl,,..,J.. ~, "~ . ~'o~,,-,..",J "~ '~'lIb'" , .cw ""'. , ~ <::) C} <::) -n :;;;: ::JJ: :::1 -CH:.CJ )':;<rl' ,..;c; :D mrn :;0 ; 'r- Z:O N om m~ u::> :''? -<.r.:.... ~~~ ~~ ~C) -0 :>>0 ::1\1: (:>-- ",,-.("") Z - or'll -0 l):1 Pc: -i ~ "'"' ~ . .' ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DODSON JUNE VS ZEPLIN SECURITY GROUP INC DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZEPLIN SECURITY GROUP INC the DEFENDANT , at 0015:04 HOURS, on the 13th day of March , 2000 at 2026 MARKET STREET CAMP HILL, PA 17011 by handing to PENDRID LOVE (BOOKKEEPER) a true and attested copy of COMPLAINT & NOTICE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 SO;~~l R. Thomas Kline Sworn and Subscribed to 'lht me this ~~ day of before 03/15/2000 ROBERT A. STUTMAN By: ~ J ~ D~ ~~riff ~ ~ A.D. 9/, a lvu.li,u ,~ prothonotary . - -, JUNE DODSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2000-174 ZEPLIN SECURITY GROUP, INC., Defendant CIVIL ACTION DEFENDANT ZEPLIN SECURITY GROUP, INC.'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Demurrer Pursuant to Pa. R.c.p, 1028(a)(4) 1. Plaintiff s Complaint, alleging negligence, gross negligence and breach of contract regarding the installation, maintenance and monitoring of a security system in Plaintiff s home was filed January 10, 2000, and served on Defendant Zeplin on March 13,2000. 2. Count II of Plaintiffs Complaint is entitled "Gross Negligence". It is essentially a verbatim reiteration of Count I, sounding in negligence, with the additional insertion of the word "Gross Negligence" in Paragraphs 16 and 17. 3. Notwithstanding the duplicity of these two counts, Pennsylvania law does not recognize a claim for gross negligence. There are no degrees of negligence in Pennsylvania, only differing standards of care. Ferrick Excavating v. Senger Trucking, 484 A.2d 744 (Pa. 1984). 4. To the extent Plaintiff is alleging Defendant has failed to perform a duty in reckless disregard for the consequences, as gross negligence has been defmed (Williams v. State Civil Service Commission, 306 A.2d 419 (Pa. Commw. 1973), affd on other grounds, 327 A.2d 70 (Pa. 1974)), such is already averred in Paragraphs 12 and 13 of Count I wherein "recklessness" is alleged. 5. Therefore, Count II is mere surplusage and improper, as a matter of law. ~~~ .... I, WHEREFORE, Zeplin Security Group, Inc., respectfully requests this Honorable Court sustain its demurrer to Count II of Plaintiff s Complaint. Preliminarv Obiection Pursuant to Pa, R,C.P. l028(a)(2): Failure to Conform to Rule of Law 6. Paragraphs I through 5 are incorporated herein by reference. 7. Pa. R.c.P. 1019(h) states: (h) a pleading shall state specifically whether a claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, if the writing or copy is not accessible to him, it is sufficient so to state, together with the reason, and to set forth the substance of the writing. 8. In Paragraph 4 of Plaintiffs Complaint it is averred: 4. On July 24, 1998, Plaintiff and Defendant entered into a contract in which Defendant agreed to install, maintain and monitor a security system, which included a low temperature alarm, at Plaintiffs residence. (Emphasis added). 9. Further, in Count III, sounding in breach of contract, Plaintiff alleges Defendant Zeplin "exoresslv...agreed to manufacture, design, engineer, assemble, install, service and monitor Plaintiffs security system." (Emphasis added). 10. However, no written agreement of July 24, 1998 is appended as an exhibit to the Complaint, nor is any explanation provided for Plaintiffs failure to do so, nor is the substance of the writing set forth in the Complaint. II. Defendant cannot properly respond to the Complaint, aver any otherwise waivable affirmative defenses available to it under the alleged agreement or properly prepare a defense for 2 - ,~ trial without this contract. Plaintiff's failure to conform to the mandatory requirements of Pa. R.C.P. 1019(h) is therefore subject to objection pursuant to Rule 1028(a)(2) and Plaintiff should be compelled to produce this contract. WHEREFORE, Defendant Zeplin Security Group, Inc., respectfully requests its preliminary objection pursuant to Pa. R.C.P. 1019(h) be sustained and an order entered compelling Plaintiff to provide the subject writing upon which her claims are based. Obiection Pursuant to Pa, R.ep, 1021 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Pa. R.C.P. 1021(b) and (c) state: (b) Any pleading demanding relief for unliquidated damages shall not claim any specific sum. (c) In counties having rules governing compulsory arbitration the plaintiff shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule. 14. Cumberland County Rule 1301-1 requires referral to arbitration for all civil cases "which are at issue in which the total amount in controversy is Twenty-Five Thousand Dollars ($25,000) or less, exclusive of interests and costs". 15. Therefore, the mandatory requirements of Rule 102 I (c) are applicable to Plaintiff's Complaint. 16. In the ad damnum clauses of each count of Plaintiff's Complaint demand is made for "judgment against Defendant Zeplin in an amount of $1 00,000 with interest, costs of suit" etc. Such a demand is improper, in violation of Pa. R.C.P. 1021 and should be stricken. 3 ," ~ , WHEREFORE, Defendant Zeplin Security Group, Inc. demands the ad damnum clauses of Plaintiffs Complaint be stricken or in the alternative, that Plaintiff amend same to conform to rule of law. Respectfully submitted, MILLER and MILLER ~. ;/.i /i ~ Thomas/R. Miller, Esquire LD. Nc/ 49801 P.O. Box 709, 113 Locust Street Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendant DATED: March 30,2000 4 _i,~_~_1 --, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon the following person(s) by United States first class mail, postage prepaid, on this date: David P. Eastlack, Esquire Law Offices of Robert a. Stutman, P.C. 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 (Attorney for Plaintiff) ~~, Lovice 1. Kauffman, Secr MILLER and MILLER Date: March 30, 2000 ~lliMd.iIIlli1id. '......" ,~. ~ 1iWllri~ ^ . " '.;,' ~,~ - "... II (") (~ 0 c: Q -~ :?:;: :x ., -om -"...,. ,.:""l- fT]r"" :,:J ~ ~.:f'~J Z"f'j U.J ~~; '~(-:J --<-, () c:: ';2 CJ ."'0 -,-. ~~,~~ -q )>0 .,- () ..l-'~ ~C'l r;? r;::)fT1 >e: =:, :z: \'0 I> ::;z ~ ('l" -<. . ~' . ~..., ,', I < , LAW OFFICES OF ROBERT A. STUTMAN, p,c. By: David P. Eastlack, Esquire Attorney LD. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, P A 19034 215-283-1177 Attorney for Plaintiff JUNE DODSON 813 Riverview Road LeMoyne, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 2000-174 ZEPLIN SECURITY GROUP, INC. 2026 Market Street Camp Hill, PA 17011 CIVlL ACTION AMENDED COMPLAINT OF PLAINTIFF Plaintiff, June Dodsou, by and through her attorneys, Law Offices of Robert A. Stutman, P.C., hereby avers as follows: 1. Plaintiff, June Dodson, is an adult individual residing at 813 Riverview Road, LeMoyne, Pennsylvania. 2. Defendant, Zeplin Security Group, Inc. (hereinafter "Zeplin"), is a Pennsylvania corporation with a principal place of business located at 2026 Market Street, Camp Hill, Pennsylvania. 3. At all material times, defendant Zeplin, was acting through its agents, employees, subcontractors and/or servants. 4. On July 24, 1998, plaintiff and defendant entered into a contract in which defendant agreed to install, maintain and monitor a security system, which included a low "",', i. .', .' . . temperature alarm, at plaintiff's residence. A copy of the Complaint is attached hereto as Exhibit "1 II, 5. On or about January 20, 1999, a home heating oil deliveryman discovered that the home's heating system had failed and that the home's baseboard heating pipes had frozen and burst, causing substantial damage. 6. Despite the drop in temperature following the failure of the heating system, the low temperature alarm installed by Zeplin did not activate and Zeplin's central monitoring station never received any indication of a temperature-related problem at plaintiff's home. 7. The alarm system which was manufactured, designed, engineered, assembled, installed, serviced, monitored and/or under the exclusive control of Zeplin Security Group, Inc., failed to activate despite the fact that the temperature in plaintiff's home was so low as to permit the water in the baseboard heating pipes to freeze. 8. As a result of the alarm system's failure to activate, the low temperature condition in plaintiff's home went unnoticed for some period of time, permitting the pipes to freeze and burst. 9. As a direct and proximate result of the aforementioned incident, and the failure of the alarm system, plaintiff sustained extensive damages and destruction of her real and personal property Count I ' Nel!lil!ence 10. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 9 as if same were fully set forth herein at length. 11. Defendant, Zeplin Security Group, Inc., had a duty to plaintiffto exercise 2 ". ,~ " reasonable care in the manufacturing, designing, engineering, installing, assembling, monitoring and servicing of the alarm system and Zeplin had a duty to ensure that the system was proper for its intended use. 12. The above damages sustained by plaintiff was caused by the negligence, carelessness, recklessness, and/or negligent acts and/or omissions of defendant Zeplin in: a. improperly designing, engineering, manufacturing, assembling, monitoring, installing and servicing the alarm system in a manner which it knew or should have known was defective, improper for its intended use and unreasonably dangerous in nature and design; b. failing to design, engineer, manufacture, assemble, install, service and monitor the alarm system in a manner fit for its intended use; c. failing to adequately, properly and safely inspect and test the alarm system, which inspections or tests would have revealed the existence of the inherently defective and dangerous condition; d. failing to warn plaintiff of the defective and unreasonably dangerous nature of the alarm system; e. failing to design, engineer, manufacture, assemble, install, service and monitor the alarm system so as to protect against the risk of damage; f. failing to calibrate the temperature sensor; g. failing to install the proper number of temperature sensors in accordance with the manufacturer's specifications; h. utilizing employees which defendant knew, or in the exercise of 3 . ,- . ~~" ,I ~,~: " reasonable care, should have known were not properly trained for the work performed at the property; I. violating and failing to comply with federal and state statutes, local ordinances and all other rules, enactments, codes or regulations applicable or in effect, be they administrative, UL, NFPA standards and/or industry wide standards or otherwise pertaining to defendant's work; J. failing to perform regular maintenance, inspections and repairs to the security system; 13. The aforesaid carelessness, negligence, recklessness and/or negligent acts and/or omissions of Zeplin was the direct and proximate cause of the damages sustained by plaintiff. WHEREFORE, plaintiff demands judgment against the defendant, Zeplin, in an amount in excess of $25,000.00 with interest, costs of suit and such other and further relief as this Court may deem proper, just and equitable. Count II - Breach of Contact 14. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 13 as if same were fully set forth herein at length. 15. Defendant, Zeplin, expressly and/or impliedly agreed to manufacture, design, engineer, assemble, install, service and monitor plaintiff's security system. 16. Defendant, Zeplin, breached its contract with plaintiff by: a. failing to install the alarm system in accordance with the manufacturer's 4 , , . , . , " specifications; b. failing to service, test and calibrate the alarm system, including the low temperature alarm and the temperature sensor; e. failing to install the proper number of temperature sensors and to locate those sensors throughout plaintiff's home in accordance with the manufacturer's instructions; and f. failing to notify plaintiff, police or fire department representatives or other appropriate individuals of the low temperature conditions which existed at plaintiff's home prior to January 20, 1998. 17. As a direct result of Zeplin's contractual breaches, plaintiff sustained damages to its real and personal property. WHEREFORE, plaintiff demands judgment against the defendant, Zeplin, in an amount in excess of $25,000.00 with interest, costs of suit and such other and further relief as this Court may deem proper, just and equitable. LAW OFFICES OF ROBERT A. STUTMAN, P.C. Njf,(~ By: David P. Eastlack, Esquire Attorney for Plaintiff, June Dodson Dated: ~J f!200D 5 . ., ,~ VERIFICATION DAVID P. EASTLACK, ESQUIRE states that he is the attorney for plaintiff; that he is acquainted with the facts set forth in the foregoing Amended Complaint; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. !}4904 relating to unsworn falsification to authorities. ,\ \ 0 (\ N--JL~~ DAVID P. EASTLACK, ESQUIRE Attorney for Plaintiff, June Dodson Dated: \.{ I ~JzPOO } } ESTIMATED, INSTALLATION DATE: CHARGES AND FEES, Purchase .~,ce.lsale only) $ .~ 0' IS. (') I') lease Fee Due ,at signing $ I 0.:3 '1. 50 Monitoring Fee . Due when the System is substantially Other Installed $ \ 0 ~ 'I. So Repair Fee Installation Charge (sale or lease) $ lbeginning after the Umited Warranty ends) Due.at signing $ Total Due when the System is SUbstantially All fees are due in advance as follows: installed $ ~ monthly _ quarterly Take Over Charge (due at signing) $ Option Price (for purChase of System Lease (1st Payment) $ at end of the initial lease Term) $ THE FOUOWINQ SPECIFIC TERMS (A-F) APPLY ONLY IF A CHARGE FOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW. [~rA.' In!ltllUadDn., The Company agrees to install the System and The Customer agrees to pay the Comoany the monitoring fees, After the Customer' agrees to pay the installation charge. The Company the ioitial term, the monitoring services will automatically renew for assumes no responsibility for any delay in installation. The Customer successive similar terms. must pay, 'all utility charges. The customer must notify the Company in writing of any problems within 30 days after the installation. The Customer must pay for any additions or. ,c;hanges to the System beyond those shown on Schedule A,., "~''- ,,'. ^ . o B. Talcs OvAl'~ ' The Company agrees to take over the operation of the Customer's existing System and the Customer agrees to pay the charge for taking,lt over. The Customer represents that it owns the System. After the take over, the Company will always own the transmittin:9de\l,lce~.whieh contains the Company's propriet81V tiata, ~ C. ' ~. >' The' Company agrees to sell the System and the Customer agrees to pay for it. The Company will own the System until the Customer does so. After that, the Customer will own the System except 'for'."the transmitting device, which, contains the Company's proprietarY data and which the Company will always own. o D; ~:' '~e Company agrees to lease the System to the Customer for' an Initial term of _ years from the date of this Agreement' bnd the Customer agrees to pay the Company the lease fees. After thEi initial term, the lease will automatically renew for successive": similar "terms. The System will always remain the Company's property. As soon as the Company reasonably can, It agrees to repair the System due.'to'ordinary wear and tear. If there is any problem with the System whlch'ls not due to ordinary wear and tear, the Customer 0 F. BIRIk. The Company agrees to provide repair service to ~~~~:s~~ p~r,.~~e 1?ompany to repair it at the Company's then-current the System for ao initial term of _ years after the end of the Company's Umited Warranty and the Customer agrees to pay the At the end of the'lease, the Customer will return the System to the Company the repair ,fees, After the initial term, the repair services Company In good condition, except for ordinary wear and tear, If the will automatically renew for successive similar terms. The Customer Customer fails to do so, the Company can peacefully enter the Premises agrees not to allOW anyone besides the Company's employees or _ and remove the System, but the Company hes no obligation to do so. agents to repair the System. At the end of the initial lease term, the Customer may purchase the The Company will provide all Jabor, material and parts necessary System by paying the Option Price, For more information, refer to the . to service the System due to defects In the System and ordinary wear .:,. ..:: 8ttach~~ Le,~,~~f,~~~ation, Form. """ ". ,< ~ ': : i, . and tear," The Company will do so as soon as it reasonabiy can. The rn E.:>', ~~~'! The Companv agrees to monitor signals from the Compa.nv's obligation to provide this service does not cover batteries System 1~r an Initial term of L years from the date of this Agreement. in wireless devices. THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A COPY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS. THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THIS AGREEMENT. ESPECIALLY THOSE SECTIONS ON THE REVERSE SlOE RELATING TO ITS PROTECTION OF THE COMPANY AND THE COMPANY'S UMITED UABILrrY AND WARRANTY. (CONSIIMER TRANSACTIONS ONLY) YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PAlOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. PLEASE SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION of THIS RIGHT. CUSTOMER,' ;.:" " .":' ,;~ ".;<Yi",:,,~; "", i; . >, ,: .. ." , ALARM SVfiTEM AGREEMENT '., "This Agreement is dated -"Jl )1 ,I(',! 10 between ZEPLlN SECURITY GROUP, INC. ltha -Company-' and you (the -CAlstomer-', This Agreement covers th' system listed on Schedule A or any system the Company takes over from enother company (the -System-) and any ss""ices requested below for the following location (the -Premises-I. The Company has written this Agreement in simple, easy.~o-read language because it wants the Customer to understand it. Please feel free to ask any questions. ( INTENDING TO BE LEGALLY BOUND, WE BOTH AGREE AS FOllOWS: CUSTOMER'S NAME: "...)u..r\€'" U,'r{.sOn PREMiSeS: A 13 ,,;;J{'r'v ~e l.V \ , ;,> _ ..,rno~ne... ,,4 < ~~ ~~.- \:,'> It'OO,Q .. ~IID4 :Jl TYPE OF ACCOUNT: ~ Consumer Use _ Commercial or Business Use I I I , ':'~,:)'-:"/" ".......;1.-t.. ... . ~;.. , .4~.. <..:~:..~..:.::;.~, 'r>" ."t., ~I BILLING ADDRESS: .. , \ TELEPHONE: L--J TYPE OF MONITORING: _ Telephone ~ Cellular _ Radio _ Other: $ Imonth $ Fl. 7~ -'month $ Imonth $ 'month $ 'month _ annually Once the Company receives a signal, the Company will try to notify, over the regular telephone lines, the agencyls) and/or person(s) identified on the Customer's 'information sheet. However, the Company will not notify anyone if it reasonably believes that notification is not required. The Customer agrees to give the Company a completed information sheet and to update it as necessary, The Company is entitled to rely solely on the Customer's information sheet. The Company is not responsible for trying to contact anyone else, If the Company cannot connect the System to the telephone lines, then the Customer must contact the telephone company, which will install and blll the Customer directly for any telephone lines or equipment, The Customer understands that no form of monitoring is error. free. The Customer also understands that the Company is not responSible for any interruption of service due to any cause beyond the Company's control, such as faulty telephone Jines or any damage or destruction to the Company's equipment or facilities. The Company is not required to supply monitoring service to the Customer while such interruption continues. If the Customer requests, however, the Company will give the Customer a pro-rata refund if the interruption lasts more than 24 hours and is due to any damage or destruction to the Company's equipment or facilities. ZEPLlN ~ECURITY GROUP, INC. -..,~0-7"', -;.:./1/'1./ ~y:/",_'.( 1;' ~ >.f' salesoers61\ ,. By: Authorized Representative "" ,,,.~i_I.~,,,,,,~, ........_~. ~~ .~~-- ~~ "~ . ~~lfB.8.L.J!;flMS:. 1_ lJMlIA.1!Q{>LilLIl:.~ 'f:::ii"I!.\ililJIY. I\- TI1c.~OMf'AI'4Y l3 FOUND WI.8LE FOR ANY LOSS l. AM,'\GE DUE: TO ns fJEGllGENCE OR THE FAILURE TO PERFORM ITS U3LlGA'flONS IN THIS AGREEMENT, It~CLUDING INSTALllNG. MONI'fORING. REPAIRING OR TAI<INJ OVEt'i nlE SYSTEM. IN ANY RESPECT AT All.. HiE COMPAfW'S MAXI~jUM LIABILITY Will BE $750.00. lllE COMPAHY Will ASSUME A GROIER UABlUrv, BUT ONt Y [-OR AN Ac.nmOfJAL CHARGE TO BE AG~f.EO UfDrJ BY THE CUSTOMER AND THE (;OMI'Ar\JV. IF THE COMPAI\lY DOES $G, A RIDER WILL BE ATTACHE:D TO l'HIS At~Rl::EMENT. THE COMPANY EXPflESSL Y Ot:~llr's Ai I. LIABILITY FDR MJY OTHER Lv':;:; OR DAMAGE WHiCI"! MAY ....':ClJh PRIOR TO, Ai' on j:;,Hi:H SHiNING THIS AGREEMENT. TlilS INCLUDES LlA8111JY BASED O~J CONTRACT. TORT, NEGLIGENCE:, WAARANn' fJNCLUDIj\~G MERCHAI'HABlllTY Ar~o FiTNESS fOR A PARTICULAR PlIAPOSE} ;"NO A.t'iY OTHER THEORY Of lIA6IUT'f. THIS EXCLUSION SPECIFICAlly COVERS lIABU.lTY FeR: LOST PIliJFITS; lOST OR DAMAGED PROPERTY; LOSS OF lJSE OF Pi10PER'iY Oi~ THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND HJE CLAIMS OF THIRD PARTIES. AlSO COVERED BY THIS EXCLUSlGN J.;Ii.E THE FOLLOWING TYPES OF DAMAlil:S: DiRECT, INDIRECT, -SPECIAl.., INCIDENTAL, CONSEQUENTLAllDAMAGES TrlAT RESULT FROM AN ACT, aUT DO NOT DIRECTLY RELATE TO Tl-lE ACT) AND FUNiTIVE lPAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 2. ~. ih~ Cu~tom<lf w1der:-.<(dnds that THf COMPANY is NuT AN lNSlJRER. TtltJ i:w:rorner ilJ responsible for obtaining all Ini;uram:Q the Customer lhinks is ruocesgary, incluOing cQv<lmge fnr pur:5onal injury and properry damilge. The pol'imams the ,':, i'itomer makes untJer mis Agre~nmflt ilfV 'Lot relaterl to the 'hliua of the Pmmi!itls Of tht! Custoli1(ir's posseS6;(jf\S, !JUt lilther are based on the cost of the SyStem and the C(}f'HI)<lIIY'S serVIces. l'lm Cu~tornfl( releas.;s rhe CQmp~'I~Y from any liabilily fDr ,u-.y vv,-,nt or :;or"ii!ion covered by the CustomoJr's insurance, The Customer I.lnLlerstiind:> thtll the Syt.tem is deslgntod to redu[;i3, bUI not eliminate, cenain risKs, The Ccrnpany rJ.1es not [jIJEj,-.:;flty Ih)! 'me System will prevent personal ir'ljury. unauThorized entranr,F;S or Iir;:. f>flcJ "wuka damage to the PH,misas. The COlllparry assumes n'} h,~IJli;ty k,r d1."be ri":k~, 3. J.,irrIitf>d Wanil.\'\\'i,. idi For 12 Inmah" 110m the daltl of this AgrEltlmlOllt, lh~ Comp,lflY w"rrnnts that it i:lIlY pan of the Systo.n does r.ot work bclCJ,r;,,, oJf a (I(,tUGt Lo" bticause at onjin8r}l wear and 1'0,"1, the (;Gmpally wdl re[,~,1 or n:t,;Il>ca II1,->t pilr! at, no charqe to th" CustOInU, Thl;} C,)mpJr,-,' m,;}I usa k.;onditionacJ paris In making tepall:';. but the Compaov '""Hams the ((:lpli",:emem parIS only for tha of fhe wdfranty period. rhis limited warfanty does not COVBr batteries in wirelHss (j,wlce:). nor I':"e:; it, apply if the System has D'=iJll uclrnafled by ;)(;ts l:;eyonrJ tl,P C'),I1I><lfly'l; control. Suc.h acts inducte acr,idents, puwer sllrnes. misu;,u. L,r::1 of proper maintenBnc,~, unaulhr,ri."cQ chilli;)eS ,)( <:1(;:1> of (j,;.l l::ll<('j-, ,is fires, earthquakes, tornddos. tltc.). The Cu:;tomer must notify the C"miJany uf any problem [ht; CuslOmer cL..illlS the Company's limitC:I.! w>Jrnll','{ CQva(~ wi'lhin the, wBH:mty P(;/I,1l1. ,1'..; Company will. rep"ir ;:riB problam id snOil as, il reu-"M}1jbl~ c;;;n "ltGr it rpt:j~r':cs the Customer's notice. (bl This limited w.lrranty is the only warranty the Com"ciny ffiilkros, is m<loe only if the Company installed the System, and tiikBS 11m pli!C6 of <ill other warranties whether Hxpress 01 implied. NO EXPHESS OR IMPLIED WAfiRANTIE$ EXTEND BEYOND i1-ic fACE OF THIS AGRE"....'khlT. ri-lE COMPANY MAKES NO IMPLIED WARRANTY OF MERCl--IAtHAlilllTY OR flTiJESS FOR A PARTICULAR PURPOSE. 1"he Company does not promise mat tne System or tnl:: servioes r;annot lIe comprombed or .nal they will always provide the il1teno.:d signJling, "uu'"t.,ring 01 ,;,iher service. If a cotlir decid~:> the Company hati' !)lVl:ln the l,ll:;wmer any implied 'oilnanty, it "..ill (;xtl;llld only f\Jr the leoylh ot th" Iimlttid warranty period, Soma states do not allow lirnii"tK,ns on how long an implied wan-anly la!>l'; or the exclusion or limitation of illCidental or crmscquefltifll u.:>rn.19h,. so It,:; "bova limitation or llxclusion rTU~ not ,."ply to the Clr-bH"fhll, T~,is tjmit~d warranty gives I'fle Custornur lipedfi~ legal righls. 'd,u CUSt:lml:f H\a)' <lIS{} nave other leg..lliuhts that \lal)' fro\1\ 1>Ulla to stat,;-. 4. ClI!ltOmer's Prc,tw;,lian_nL~'t. ThiS Agraern,mt is intendod Gollv for the Custoll1l:r's benefit. f1,dor,H.... tllG C",.l"".d agretJ:> t,) prolect/indemnify. defel1d .lOd ralcas., lhe CnmpiJny and tr ; C.1H1pr.ny'" r..:lilled paltles from liability against all1l1i'd p~(ty clmms or lc..::,~as !includlng reasonabla attorneys' fees) brought a9iJiost the Company wt.kn relate to the System or the services tho Company providgs. The Compmrl"s related palt.,"s include the COLrlpimy's empluyci;s. age/ils and subcontHictors. This prottlctionlindemniry covers cl",Jms brought against lhe Compnny by thCl Customer's insurance company. It also includes c\;:Iirns al'ising under contrJct, warranty, negtiucnce, or any othdr thellry of liability. lhe Customer's duty to protel-1:/illdamnif',' tha Comptil1Y, how"ver. Joes not apply to claims based on injurWs ttJ third p,>rti')$ or to their ~x0pelty that occl.IHe.d whillO. the Coml~my's cm!l!oy"'e~ wer" on the PnllrUSHS and whUoh WtJi<: c;aused solely and dirtlctly by Hm::;o empioyt>es. in case of any thiru party claim or IllS5 covered by the Customt.!r's InSIJL~nCe, the Custom"'f our')"S mil to k:;)k to the COl1lpilny or 1be C<lfilpilny's related partlos lor riJlrnbul%ment. The Cusrumer waives ,my ricjhts (hilt Ihe CustoOlH'S lnSllrar1ClI cdlriar or others claiming through tho Custcrner may have agait"lsllhe COOlpan{,X 1l1e CompanY'$ related partie:>. 5. IhLClJltQUIH~~'j;. Tt,e Custul1lt"lf hat; th<l .liJtnoriry 10 sign this AgrcfJment m.d ;11 JOlog so ',"liI not '.!i\',lclW ,my (,th'ii' ..~)i':l<jm,mt. iLe C.lstom<l1 is not awaliJ oj any ha,..!l~;:;us ;::0ndit\on5 0'\ lhtl yr-",m\,;B-s. .. '-'J .... The Cllstolner <19/''',,1 event tbl;,~ ul<mTIs'an'd aS$lJme responsiuillty tor lht:m If thil CdniJ~.., f\fllifl<!;; ttM C(l~tomer of e malfunction, the CuswHlCr will disr;onnect the Systsm until the Company can repail it.~ n ,it CU:>Wlll.;-r will Ilot' tampp.r or interfere with the Sysrnm. \nor permit olhers to do ';0. Tho Cv~tonHr agrees that the Company call record and use "II communir:ations with anyone at, the, Premises in t,e normal Goursa d 11"8 Company's bus[nuss. . TI.li. Custofn;;1 will tast the SYSlt,;fIl at least once a month, as well as when changes "r>:! made TO its telep!1I)"e system or,the Premises. The CUSllllTIer will irof,f!l'li;:ltt:1y noliiy t\l~ Company ~.t any problems with the Systam. The (:01' mmor agrees that the Company can make program G!1all\Jes to thll: CGmpany's propri<<tary data located in the transmitting IJcvir.i~. nit: ClI-btt',r:",r Wli! pay the Company its thEln"current charges toe ,jOll1g an'l 'Nor!.. IlLJI covered by d.is Agreement, including paying the Company's minimum service charg~ if the CP!fIP811V cannot enter the Ptemises at thl< schadllled tima. The Customer's obligations contioue (;<'1B/l if the CW.it(;(lwr sells (lr leaves lhe Premises; '",.. . '." 6. .nm..Gm~:id.t\I.tU. If the Cu~mer fails, to perform Its obligrrtions, the Cmnp8ny will give the Customer written notice of default. If thu Customer Jaes not fix the [i.,fault within 30 days, the Company can [;lnd tillS Ayr,;e-menr. If the Company ends this Agreemeor, the Customer must pol,! the COlnpil/I'{; ("I all amounts then due; lb) 80% of the amount dUB II,D Company for tile wmaindel,;of this Agreement (as an af/reed"upon amm ,rol 01 damiilJes 'ind not as a penalty); and (el the Company's reasol'l..t.le coll;;ction cr,",IS. including attorneys' fees. II lhlS ADf"'''lI;;:;nt IS ended. ttle Company'does' not have to provide any !alrvice. inrluding monitor'rng, aftur that date. In addition, the CompJn'j can peaceil.lly <!i'ltor the Premises and remove its eqUipment. If tile COllJpany wilh,e.s any default by the Customer, that does not meon 11l.-: [;utn>J"i1Y w"i'/es lat~r del"uhs, ,:\ny waiver by the Company must be In Wilting. -.i rlia CustoJJ."r grants the Company a securitv'interest in any p(()f>O!rty Ih~ COllIP.JIl'l ins.talls on tl1; Premises Ii-i prder to 'secure payment of thl! purchase fOl:,::a or parfo/man!.>> under the le~e,~Th~ Customer must return such propllly if it does not fully pay fork. rt.tti~' Customer does m,\ !\Hwn SIll:\', ;)iOperty, lhll Cun\P~r.y will asx'a COU'/t to forca the Customer to do $U. The Company 1'3'" the rights of a"secured party under tl1ft Unifurm Commercial Code. ;"'i:, 7. .fu';j~~. The Cu;"tomer agrees to obtain all licenses ",nl! plly <ill tax",,,, filles amJ other ;:;:,:,essments. including sales taxes. The Compan'j's If.1I% .:lIe based upon !~.'(isting ta)(es and charges. and the Conwany can jncradse the Company's fees to'reflect chaflQ'es in these taxes or charges. . After the fir~;t year of this Agreament, the CompanY- can increltS6 the Company's fee;, by <:In annual amount up to 10% Of the annual pelCentage in(;let,se in the CunSlIlnar Price IndeX, whichever is higher, in addition to all.", ij,uei:ls<,s JUt> iO taxes or char!!",.. t\)o. ,iii' jf the Custumel is moro than 30 dayst late' with ,payment. the Cornptlny l:.an cr,Mge the Customer Interest up 10 the highest rate allowed by law. In .Jd<JitilJl1, the Customer agreeli,:.lO, PIW, thE! Company's r"asonable collection costs. including ilttorneys~",fees, and a reasonable r<lG0r1nB-cl fee if ti;u Company has disconnected the System. S. furutfg(:!. The Customer cannot 'transfer this Agreement withO'jt the Compdny's consent. However, the' Company can transfer this Agre.lment or sutJ,;j,lltract its obligatiuns witho~ 'the Customer's consent. If the Co(l1pany doss so. aoyone to whom the Company transfers or subcontracls its obh\iations will have all of thEI Company's rights. The Company is not respoJ"$lb!e.. however, foc arty work., including monitoting. wt;ich is done neyli'Juntly by i10y third party. ;(11(. ," '.'h~,' ,,,'. ,- 9_ N2lli;lt~jJl'Ilitlllian ml L"wsuitll' JUlY Trial ',Unless otherwise indicawd, all notic,.:; must b€; in writing. The ,t;::ustomer"or, me Company illay Gnd any porli.>n of this Al:lfcernlmt by ootlfying,' th8 ot!1er party at Il>1lst 30 days prior 10 the end of the than-curre'n'i term. ,It is critical that th<:J Customer giv<l filly termination notice in a timely manner. The Custorlli.,r lIlust bring any claim agal~t' '~'~'i::ompany wiitlin 1 year niter the cla;!n arose. If the CLJMOmer doe~(rrii'-'lfij;t"tu~omer' ~~ no right to Silt! the Company and the Comparij,. !t.~:':F9: liability \0 the Customer for thai claim. It is criticallhat the CllStomer'bring any claim in a timdy manner. ..a.~ .,.. " rhe provisions of this Agreement which apply to any claim remain io eife\;t "van <ltter this Agroement ends.,', ,1lfl(:~~..,r::AND:~JHE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A'rJI;I~::n!iALi';?\~" ,'r2~:..' 10. .sillilmm.l1. This Agr~em~;j\1:;:~9~l~~:1h'~, ,'~riti~ understanding between the CU5toml>r 3nd the c:"mp~oy ~nJj replaces _any other documents or discussions the CompanyJPrevlb'uSly' ttad with' the Customer, This Agreement is not binding ort',.the"COmPanv until: '1he Company or its alllJlorized 3gent sig(\5 it or begins installation or service. This Agreement ir; l/QvarneJ by Pennsylvania laYf;". "', .! ,. If the Company does not approve this Agreement"thtt Company's onlV obligation is tv refund any payments the Cl!stomer has made. Any o{juipment or serVll,:,es the Company provides: to the C,U5tomer in the f;Jttire flf(j s\lbject ,0 the tarms of II';is Agreement, as so amended. ,This AUfeemellt cannot b(l changed excepl by a writing that both the Cu!O!omer and tll<l CllmpElny :;.iun. If any provi!>iiJ,l of this Agreement is found,'t~ be invalid, the remaining proviSions are still effectIVe. The word ~including- means "im:luding without limitation.w EX1:'ept for monitoring:"tfJa Company will aliiy (/0 work dlllinQ the Company's "ormal business hours of 9:00 a.m. to 5,00 p.m. on wl;1(;kJays, 8l<:G1uding lIolidays the Company observes, AU ~chedLljr:s and attacluner1ts are a part 0/ this Agreement. / jlilliliiiidllil~liMIiIlil!lWltidl~___~"-"''''''~lidlii~~'~flIl1~ 'J'" .~.~.~ o c ;~ ;g~f;~ Z:J: zr'- ~32: ~C) ?;c:: :::-.() ..J.>c z -; -< ~ C) o () -n ::;:1 i'ii :JJ .,' ;~1'1 ':;<.;J ~ ~~~ ~.~~ 0-n ~-::;:: C-) 5rn > :D -< ~~~ -'0 ou I 0' lJ :x ':? m U) ,. , . ~', JUNE DODSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2000-174 ZEPLIN SECURITY GROUP, INC" Defendant CIVIL ACTION NOTICE TO PLEAD To: June Dodson, Plaintiff and David P. Eastlack, Esquire, her attorney You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service upon you or a default judgment may be entered against you. MILLER and MILLER By: Tho J.D. 49801 P.O. Box 709 113 Locust Street Harrisburg, P A 17108-0709 (717) 232-0750 Attorneys for Defendant DATE: May 5, 2000 JUNE DODSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-174 ZEPLIN SECURITY GROUP, INC., Defendant CIVIL ACTION DEFENDANT'S ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO PA, R.c.p, 2252(d) TO PLAINTIFF'S AMENDED COMPLAINT 1.-2. Admitted. 3. Defendant is without information regarding what constitutes "at all material times" and is therefore unable to respond to tbis allegation. 4. It is admitted Plaintiff and Defendant entered into a contract on July 24, 1998 titled "Alarm System Agreement", which is attached to Plaintiffs Amended Complaint as Exhibit 1. Regarding tbe balance of tbis averment, tbe agreement speaks for itself. 5.-9. Denied generally pursuant to Pa. R.C.P. 1029(e). Count I 10. Defendant's responses to Paragraphs 1 through 9 are incorporated herein by reference. 11.-13. Denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Zeplin Security Group, Inc. demands Plaintiffs Complaint be dismissed, witb prejudice. CotmtII 14. Defendant's responses to Paragraphs 1 through 13 are incorporated herein by reference. 15.-17. Denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Zeplin Security Group, Inc. demands Plaintiffs Complaint be dismissed, with prejudice. New Matter 18. Plaintiffs cause of action is time barred by virtue of the alarm system agreement's limitation period of one year from the date the January 20, 1999 loss was allegedly discovered. 19. It is believed and therefore averred that Plaintiffs dwelling was insured under an appropriate policy of homeowner's insurance for the loss which is alleged to have occurred, and further that the homeowner's carrier providing this coverage indemnified Plaintiff for her damages, therefore precluding recovery against Defendant by virtue of Plaintiff s release of liability, as set forth in Paragraph 2 of the Alarm System Agreement. 20. It is believed and therefore averred this action has been commenced in Plaintiffs name by her homeowner's insurance carrier, as Plaintiffs subrogee, pursuant to a subrogation agreement within this homeowner's policy, and therefore Plaintiffs right to recover against Defendant for any alleged negligence or breach of contract, the existence of which is specifically denied, is barred by operation of Plaintiff s agreement to indemnify Defendant for claims brought by her insurance company, as set forth in Paragraph 4 of the Alarm System Agreement. 2 - 21. In the event Defendant is found to be liable to Plaintiff, the existence of which is specifically denied, said liability is limited to $750, pursuant to the limitation provisions set forth. in Paragraph 1 of the Alarm System Agreement. 22. Any malfunction which occurred to Plaintiffs security system, the occurrence of which is specifically denied, was the result of Plaintiffs contributory negligence in requiring and insisting upon the placement of the subject temperature sensor in an area of her home which negated or significantly reduced the sensor's effectiveness and in turn, the operability of the subject's alarm system. Plaintiffs negligence therefore exceeds that of Defendant Zeplin Security Group, Inc. and bars her recovery. 23. Plaintiff s claims are limited or barred as a result of her failure to maintain her property and mitigate damages. 24. Plaintiffs claims are limited or barred as a result of her modification, tampering or interference with the subject security system subsequent to its proper and professional installation by Defendant. 25. Plaintiffs damages were caused by entities or conditions beyond the control of Defendant and unrelated to the security system installation or services Defendant provided. Counterclaim 26. Plaintiffs Amended Complaint is incorporated herein by reference, without admission or adoption. 3 ,J .......~...~, 27. In the event Defendant Zeplin Security Group is found to be liable to Plaintiff June Dodson for any alleged damages or losses she sustained, liability for which is denied, Plaintiff June Dodson is liable over to Defendant Zeplin Security Group, Inc. by virtue of the indemnification agreement set forth in Paragraph 4 of the Alarm System Agreement, as referenced in Zeplin Security Group's Answer and New Matter, which is incorporated herein by reference. WHEREFORE, Defendant Zeplin Security Group, Inc. demands indemnification from Plaintiff June Dodson for any damages for which Defendant is found to be liable. MILLER and MILLER Thoma:=~~sqmre LD. No. 49801 P.O. Box 709,113 Locust Street Harrisburg, P A 17108-0709 (717) 232-0750 Attorneys for Defendant DATED: 4 " L ';ii' VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa. C.S. 94904, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my personal knowledge, information and belief. Dated: ~ (4/c>0 , ~ j" ,7"", CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing was served upon the following person(s) by United States first class mail, postage prepaid, on this date: David P. Eastlack, Esquire Law Offices of Robert a. Stutman, P.C. 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 (Attorney for Plaintiff) 9_ Lovice I. Kauffman, Secre MILLER and MILLER Date: Jf/Oo ~"~~~;ti~litiiIillliil~ll!iiIl}i;lj;jjtc1~'!llL .'.. ".~,." ..1, . =,~~.. _< "."r'~, , ,., '~" ~""'""~~ "' ,~~ .~' -" " ..;...'",~, ," 0 C) ~ c- o -oeD :J:: :;:1 111rn :0- 2=0 -< hi:D Zc- I /- ~~~? -,'.;ifl co ~~oo ~CJ () i "'" 'U '--1C; ZC) ~ ;~,~:B ',0 (5~~ Pc 'd z :;;! ,.., -< r...:> ~ Il1i ,. " . " ":',:,j II II !I Ii II Ii Ii " ,] II " LAW OFFICES OF ROBERT A, STUTMAN, P.C. By: David P. Eastlack, Esquire Attorney 1.D. No.: 74039 275 Commerce Drive, Suite 304 Fort Washington, P A 19034 215-283-1177 Attorney for Plaintiff JUNE DODSON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. ZEPLIN SECURITY GROUP, INC. NO. 2000-174 STIPULATION OF DISMISSAL This matter in difference in the above entitled action having been amicably adjusted by and between the parties, it is hereby stipulated and agreed that the same be and it is hereby dismissed without costs against either party. Dated:~e50 LAW OFFICES OF ROBERT A. STUTMAN, P.C. ByN~~\() DAVID P. EASTLACK, ESQUIRE Attorneys for Plaintiff, June Dodson ~~,*Iil/li!!._~IUI_~~.~~,",,~I....~~t~~a "' ...........~" < "0 0 ~ C c::> II ::It u~i ". ~:n -< , r- K~ W "Oi <=> 'D b --. ""0 -c. "T~ ~ % Q~ ~. 15 - ~ $:" -< ~~- ~ ' <' ~ ',," '"I II JUNE DODSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-174 ZEPLIN SECURlTY GROUP, INC., Defendant CIVIL ACTION STIPULATION OF DISMISSAL The above entitled action is hereby stipulated and agreed that the same be and it is hereby dismissed and discontinued, with prejudice, without costs against either party. MILLER and MILLER By Dated: ::;:- 70 - 6D Th as R. Miller, Esquire A orney I.D. No. 49801 113 Locust Street P.O. Box 709 Harrisburg, P A 17108-0709 Attorneys for Defendant, Zeplin Security Group, Inc. Dated: 6/1 )00 LAW OFFICES OF ROBERT A. STUTMAN, P.C. ~~- \ By Davtd P. Eastlack, E Attorney I.D. No. 74039 275 Commerce Drive, Suite 304 Fort Washington, PA 19034 Attorneys for Plaintiff, June Dodson 1i~~~~llIIiIlllilll*ili~~",,"J,''''Wlll~~ ',' ",',~ "," . ~~ ,. ~""" ~-, ,~ ,~~ .,. ~h" (') a 0 C 0 :;e" -n ~r9 ~ "~' c:: ,.. zq ;e I ;-! ~~,j zf" I ~i,);-;"j en d."" (.n '.'- -<";> ~C5 " '~~~~ .(~ ~o r'- 31: 9~ 5>=0 ~ z:- arn -I 0 55 U1 -< .