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HomeMy WebLinkAbout07-1334 JOSEPH M. OLSHEFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v ZEPLIN'S SECURITY GROUP INC. CIVIL ACTION FRED W. ZEPLIN, Individually AND JEFFREY KEITER, Individually DOCKET NO.,) `7 + 3 3 q c t a 1 `? Cary Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 t JOSEPH M. OLSHEFSKI Plaintiff v ZEPLIN'S SECURITY GROUP INC., FRED W. ZEPLIN, Individually AND JEFFREY KEITER, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO. Q 7 13 3 y c l '+e-;4t COMPLAINT AND NOW, this 8 h day of March, 2007, comes the Plaintiff and files the within Complaint against the above named Defendants and avers in support hereof the following: COUNTI JOSEPH M. OLSHEFSKI V ZEPLIN'S SECURITY GROUP INC. FRED W. ZEPLIN AND JEFFREY KEITER 1. Plaintiff is Joseph M. Olshefski, an adult individual who resides at 307 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Zeplin's Security Group, Inc. (Zeplin's Security), is a Pennsylvania corporation with its principle place of business situate at 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant Fred W. Zeplin (Zeplin) is an adult individual whose personal address is unknown but is employed by Zeplin's Security and can be found at the address of 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Defendant Jeffrey Keiter (Keiter) is an adult individual whose personal address is unknown but is employed by Zeplin's Security and can be found at 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 5. On August 21, 2001 Plaintiff executed a contract with Zeplin's Security in which Zeplin's Security agreed to perform alarm system monitoring services at Plaintiff's residence. A copy of the contract is attached hereto incorporated herein and marked as Exhibit A 6. The agreement was for a five-year term, which renewed automatically. 7. Zeplin's Security also performs monitoring services for a business owned by Plaintiff. 8. Plaintiff discovered that Zeplin's Security had been over charging Plaintiffs business for a number of years for monitoring services and by letter dated October 5, 2006, requested a refund of the amount and proposed that Zeplin's Security coordinate the discontinuance of the monitoring services to the business as well as the Plaintiff's residence. A copy of the letter is attached hereto incorporated herein and marked as Exhibit B. 9. Zeplin's Security replied by letter dated October 17, 2006, indicating that Plaintiff could cancel his account by providing a signed letter. A copy of the letter is attached hereto incorporated herein and marked as Exhibit C. 10. Plaintiff never provided such a letter and in fact on numerous occasions indicated that he wished to continue service until contract expiration. A copy of Plaintiff's final letter to Zeplin's Security indicating as such is attached hereto incorporated herein and marked as Exhibit D. 11. Zeplin's Security refused to refund the amount admitted due to Plaintiff's business, which resulted in the business instituting a Complaint in District Court against Zeplin's Security. 12. In retaliation, Zeplin's Security, Zeplin and Keiter acting in concert, with wrongful, frivolous intent filed a Claim against Plaintiff at the District Justice, on November 21, 2006, falsely representing that Plaintiff sent a letter requesting cancellation of service. 13. Such allegation is false since Plaintiff never forwarded such a letter and in fact, Plaintiff has demanded that Zeplin's Security provide monitoring services under the contract until the current expiration of the contract, which will terminate on August 21, 2011. 14. Plaintiff has requested Zeplin's Security confirm that that the monitoring services agreed to and paid will remain in place in accordance with the contract but Zeplin's Security has failed to confirm the same. 15. Keiter signed the District Justice Complaint filed against Olshefski and knew or should have known that the allegations set forth in the Complaint were false and were only filed in an attempt to intimidate and harass the Plaintiff. 16. Zeplin represented to Plaintiff that Keiter filed the Complaint at his request and was acting on his behalf IT The action filed at the District Justice level was frivolous and without merit 18. Zeplin's Security, Zeplin and Keiter are liable to Plaintiff for the filing of the frivolous action and are responsible for all of Plaintiff's costs incurred. WHEREFORE, Plaintiff, Joseph M. Olshefski, requests that Judgement be entered against Defendants, jointly and severally in a sum not to exceed $35,000.00 including costs and attorney's fees. COUNT II JOSEPH M. OLSHEFSKI V ZEPLIN'S SECURITY GROUP INC. 19. Plaintiff incorporates the preceding paragraphs as though set forth in full. 20. Plaintiff paid Zeplin's Security Group under the contract the sum of $1977.00 for the security system and installation of the security system. 21. Plaintiff had been discovering problems with his telephone line and subsequently discovered that while installing the security system, Zeplin's Security improperly utilized interior wire for the exterior installation of the wiring for the alarm. 22. Plaintiff has to replace the improper wiring which cost is estimated at $972.53. 23. Zeplin's Security is responsible for the cost of replacement. WHEREFORE, Plaintiff demands Judgement against Defendant Zeplin's Security Group Inc. in the amount of $972.53 plus costs of suit. COUNT III JOSEPH M. OLSHEFSKI V ZEPLILN'S SECURITY GROUP INC. 24. Plaintiff incorporates the preceding paragraphs as though set forth in full. 25. Zeplin Security has engaged in a course of conduct constituting a breach of the Agreement attached as Exhibit A and giving Plaintiff reason to believe that it is not performing monitoring services in a professional manner. 26. Plaintiff seeks a declaration from the Court that the contract is null and void and that Plaintiff can terminate the contract without penalty. WHEREFORE, Plaintiff demands Judgement declaring the monitoring contract null and void. Respectfully Submitted, A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 730-9789 #41532 Attorney for Plaintiff Joseph M. Olshefski This Agreement is dated 14?- ,A14 21 between ZEPLIN SECURITY GROUP, INC. (the "Company") and you (the "Customer"). This Agreement covers the system listed on chedule A or any system the Company takes over from another company (the "System") and any services requested below for the following location (the "Premises"). The Company has written this Agreement in simple, easy-to-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: ..? PREMISES: 9 TYPE OF ACCOUNT: Consumer Use Commercial or Business Use ESTIMATED INSTALLATION DATE: CHARGES AND FEES: Purchase Price (sale only) $ Due at signing $ Due when the System is substantially ` installed S am' Installation Charge (sale or lease) $ Due at signing $ Due when the System is substantially installed $ Take Over Charge (due at signing) $ Lease (1st Payment) $ BILLING ADDRESS: TELEPHONE: ( ) TYPE OF MONITORING: Telephone Cellular Radio Other: Lease Fee Monitoring Fee Other $ /month S /month $ !month Repair Fee $ -/month (beginning after the Limited Warranty ends) Total $ -_/month All fees are due in advance as follows: monthly quarterly annually Option Price (for purchase of System at end of the initial lease Term) $ _ THE FOLLOWING SPECIFIC TERMS (A-F) APPLY ONLY IF A CHARGE FOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW. © A. Installation. The Company agrees to install the System and The Customer agrees to pay the Company the monitoring fees. After the Customer agrees to pay the installation charge. The Company the initial 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 changes, to the System beyond those shown on Schedule A. ? B. Take Over. The Company agrees to take over the operation of the Customer's existing System and the Customer agrees to pay the charge for taking it over. The Customer represents that it owns the System. After the take over, the Company will always own the transmitting device, which contains the Company's proprietary data. C. SaLe. 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. ? D. Lease. The Company agrees to lease the System to the Customer for an initial term of years from the date of this Agreement and the Customer agrees to pay the Company the lease fees. After the 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 which is not due to ordinary wear and tear, the Customer agrees to pay the Company to repair it at the Company's then-current charges. At the end of the Lease, the Customer will return the System to the Company in good condition, except for ordinary wear and tear. If the Customer fails to do so, the Company can peacefully enter the Premises and remove the System, but the Company has no obligation to do so. Once the Company receives a signal, the Company will try to notify, over the regular telephone lines, the agency(s) 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 bill 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 lines 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. ? F. Repair. The Company agrees to provide repair service to the System for an initial term of years after the end of the Company's Limited Warranty and the Customer agrees to pay the Company the repair fees. After the initial term, the repair services will automatically renew for successive similar terms. The Customer agrees not to allow anyone besides the Company's employees or agents to repair the System. At the end of the initial lease term, the Customer may purchase the System by paying the Option Price. For more information, refer to the The Company will provide all labor, material and parts necessary ?ttached Lease Information Form. to service the System due to defects in the System and ordinary wear E and tear. The Company will do so as soon as it reasonably can. The E. Monitoring. The Company agrees to monitor signals from the Company's obligation to provide this service does not cover batteries System for an initial term of t 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 SIDE RELATING TO ITS PROTECTION OF THE COMPANY AND THE COMPANY'S LIMITED LIABILITY AND WARRANTY. (CONSUMER TRANSACTIONS ONLY) YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR 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: r• ZEPLIN SECURITY GROUP, INC. alesperson By: Authorized Representative ExN itirr A GENERAL TERMS. 1. LlM17ATIgN OF_TNE...COMiNY.$_.LM.1311- IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE ORTHE FAILURETO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT. INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM. IN ANY RESPECT AT ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE $750.00. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER AND THE COMPANY. IFTHE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEOUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 2. Irrauran.,Q1 The Customer understands that THE COMPANY IS NOT AN INSURER. The Customer is responsible for obtaining all insurance the Customer thinks is necessary. including coverage for personal injury and property damage. The payments the Customer makes under this Agreement are not related to the value of the Premises or the Customer's possessions, but rather are based on the cost of the Systern and the Company's services. The Customer releases the Company from any liability for any event or condition covered by the Custorers insurance. The Customer understands that the System is designed to reduce, but not eliminate, certain risks. -1 he Company does not guaranty that the System will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. The Company assumes no liability for those risks. 3. Limited_.Warranty, (a) For 12 months from the date of this Agreement, the Cornpany warrants that if any part of the System does not work because of a defect or because of ordinary wear and tear, the Company will repair or replace that part at no charge to the Customer. The Company may use reconditioned parts in making repairs, but the Company warrants the replacement parts only for the warranty period. This limited warranty does not cover batteries in wireless devices, nor does it apply if the System has been damaged by acts beyond the Company's control. Such acts include accidents, power surges, misuse, lack of proper maintenance. unauthorized changes or acts of God (such as tires, earthquakes, tornados, etc.). The Custorner must notify the Company of any problem the Customer Claims the Company's limited warranty covers within the warranty period, The Company will repair the problern as soon as it reasonably can after it receives the Customer's notice, (b) This limited warranty is the only warranty the Company makes, is made only it the Company installed the System, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the services cannot be compromised or that they will always provide the intended signaling, monitoring or other service. If a court decides the Company has given the Customer any implied warranty, it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may riot apply to the Customer. This limited warranty gives the Customer specific legal rights. The Customer may also have other legal rights that vary from state to state. 4. Cu,ptomer's.Pro¢cton. of.nrna This Agreernerrt is intended only for the Customer's benefit. Therefore, the Customer agrees to protect/ indemnify, defend and release the Company and the Company's related parties from liability against all third party claims or losses (including reasonable attorneys' fees) brought against the Company which relate to the System or the services the Company provides. The Company's related parties include the Company's employees, agents and subcontractors. This protectioniindemnity covers claims brought against the Company by the Customer',,, insurance company. It also includes claims arising under contract, warranty, negligence. or any other theory of liability. The Customer's duty to protect/indemnify the Company, however, does not apply to claims based on injuries to third parties or to their property that occurred while the Company's employees were on the Premises and which were caused solely and directly by those employees. In case of any third party claim or loss covered by the Customer's insurance, the Customer agrees not to look to the Company or the Company's related parties for reimbursement. The Customer waives any rights that the Customer's insurance carrier or others claiming through the Customer may have against the Company or the Company's related parties. Etc N it b #"r A 5. Th.?,?ustnmeraAgreemgrtts The Customer has the authority to sign this Agreement and in doing so will not violate any other agreement. The Customer is riot aware of any hazardous conditions on the Premises. The Customer agrees to prevent false alarms and assume responsibility for them. if the Cornpany notifies the Customer of a malfunction, the Customer will disconnect the System until the Company can repair it. The Customer will not tamper or interfere with the System, nor permit others to do so. The Customer agrees that the Company can record and use all communications with anyone at the Premises in the normal course of the Company's business. The Customer will test the System at least once a month, as well as when changes are made to its telephone system or the Premises. The Customer will immediately notify the Company of any problems with the System. The Custorner agrees that the Company can make program changes to the Company's proprietary data located in the transmitting device. The Customer will pay the Company its then-current charges for doing any work riot covered by this Agreement, including paying the Company's minimum service charge if the Company cannot enter the Premises at the scheduled time.The Customer's obligations continue even if the Customer sells or leaves the Premises. 6. Thq u,ztomsr's__D.efouft, (f the Customer fails to perform its obligations. the Company will give the Customer written notice of default. If the Customer does riot fix the default within 30 days, the Company can end this Agreement. If the Company ends this Agreement, the Customer must pay the Company: (a) all amounts then due; (b) 80% of the amount due the Company for the remainder of this Agreement (as an agreed- upon amount of damages and not as a penalty); and (c) the Company's reasonable collection costs, including attorney's fees. If this Agreement is ended, the Company does not have to provide any service, including monitoring, after that date. In addition, the Company can peacefully enter the Premises and remove its equipment, if the Company waives any default by the Customer, that does not mean the Company waives later defaults. Any waiver by the Company must be in writing. The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease. The Customer must return such property if it does riot fully pay for it. If the Customer does riot return such property, the Company will ask a court to force the Customer to do so. The Company has the rights of a secured party under the Uniform Commercial Coda 7. Sy_0ern Ghargm The Customer agrees to obtain all licenses and pay all taxes, fines and other assessments, including sales taxes. The Company's fees are based upon existing taxes and charges, and the Company can increase the Company's fees to reflect changes in these taxes or charges. After the first year of this Agreement. the Company can increase the Company's fees by an annual amount up to 10% or the annual percentage increase in the Consumer Price index, whichever is higher, in addition to any increases due to taxes or charges. If the Customer is more than 30 days late with payment, the Company can charge the Customer interest up to the highest rate allowed by law. in addition, the Customer agrees to pay the Company's reasonable collection costs, including attorneys' fees, and a reasonable reconnect fee it the Company has disconnected the System. 8. Transfers.. The Customer cannot transfer this Agreement without the Company's consent. However, the Company can transfer this Agreement or subcontract its obligations without the Customer's consent. If the Company does so, anyone to whom the Company transfers or subcontracts its obligations will have all of the Company's rights. The Company is not responsible, however, for any work, including monitoring, which is done negligently by any third party. 9. Notices; Limtato_n_,on,,_Lawsuits?.JuryTrial.,. Unless otherwise indicated, all notices must be in writing. The Customer or the Company may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then-current term. it is critical that the Customer give any termination notice in a timely manner. The Customer must bring any claim against the Company within 1 year after the claim arose. If the Customer does not, the Customer has no right to sue the Company and the Company has no liability to the Customer for that claim. It is critical that the Customer bring any claim in a timely manner. The provisions of this Agreement which apply to any claim remain in effect even after this Agreement ends. THE COMPANY AND THE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL. 10, .Misceil?nolar._This Agreement contains the entire understanding between the Customer and the Company and replaces any other documents or discussions the Company previously had with the Custorner. This Agreement is not binding on the Company until the Company or its authorized agent signs it or begins installation or service. This Agreement is governed by Pennsylvania law. It the Company does riot approve this Agreement, the Company's only obligation is to refund any payments the Customer has made. Any equipment or services the Company provides to the Customer in the future are subject to the terms of this Agreernent, as so amended. This Agreement cannot be changed except by a writing that both the Customer and the Company sign, If any provision of this Agreernent is found to be invalid, the remaining provisions are still effective.The, word "including" means "including without limitation:' Except for monitoring, the Company will only do work during the Company's normal business hours of 0:00 rr.m, to 5:00 p.m. on weekdays, excluding holidays the Company observes. Ail schedules and attachments are a part of this Agreement. 4NN October , 2006 Aj 111? ? SENT VIA FAX (717) 975-0563 ' Mr. Fred Zeplin Zeplin's Security Group, Inc. P.O. Box 144 Camp Hill, PA 17011 Re: Alarm Services, 325 North Second Street, Wormleysburg, PA 17043 Dear Mr. Zeplin: I am writing in follow-up to our telephone conversation on October. 5; 20061. As stated we are not expecting nine. months of credit. Rather, when the issue arose I had our Accounting Department pullout a payment history to Zeplin's and discovered we were'double billed for Open and Close Reports for the,period _ May 2001 through May 2005. If you review your records you can confirm the same: In your letter of February 27, 1997 you indicated that our monthly monitoring fee would be $19:75 and the Open and Close Reports.would be $15.00 per month. The monthly;' monitoring service was billed on a ,monthly basis but the Open and.Close Report costs- were billed on an annual basis of 80A.1 °1nT2001 you apparently changed the cost for the Open and Close Reports 6'$20.00`per month and billed the cost of those reports on a monthly basis. However, the bills for the original $180.00 Open and Close Reports continue to be sent and were paid in May 2001 through May 2005. Thus, we were charged an annual fee based on your original $15.00 charge for Open and Close Reports for five years resulting in an over payment of $900:00. The $180.00 charge was not levied in 2006, leading me to believe that you discovered the over billing, however you did not provide 6 credit for the previous years. Additionally, your unilateral increase of the fees was contrary to. the provisions of paragraph 7 of your contract, which indicates that fees will not be increased by more than 10% or the annual percentage increase in the consumer price index. The increase in fees over the years was more than 10%. Additionally, you did in fact bill us for nine months of Open and Close Reports which we did not receive and we were charged $270.00, which needs to be returned. You indicated that an equipment malfunction may have occurred at our end, but that doesn't explain why the codes were not updated when supplied to you. ?Ex ' 325 North Second Street, Wormleysburg, PA 17043 i ' r ph: 717.737 2522 - fax: 717.737.4288 r i www.gbwc.com ,\0 OT I a I tk )(:2k Myers Security Services Smith Security Systems & Service Foremost Communications October 17, 2006 Quality Builders Warranty Corp. 325 North 2°d Street Wormleysburg, PA 17043 John A. Gill, Esquire. Dear John, AR4 zIlill9 S Security Group \ti1 SYS?? 0 V a? U? a.? This letter is our formal correspondence, in reference to your letter dated October 5, 2006; where you had asked us for a check in the amount of $1170.00. Upon further review of Quality Builder's account, (110822), and Joseph Olshefski's account, (310222) this is what we have determined. I am referencing Mr. Olshefski's account too, as you stated he wished to pursue other options for monitoring. We have reviewed your payment history with us during the time frame you referenced in.you letter to us, dated October 5, 2006. We did in fact double charge you for.open/close reports. Please note the following table below, as it represents what you overpaid. 6/1/06 PD $180.00 for yearly open/close reports 6/1/02 PD $180.00 for yearly open/close reports 6/1/04 PD $180.00 for yearly open/close reports 6/1/05 PD $180.00 for yearly open/close reports Total PD $720.00 for 4 years open/close reports Notice that you did not pay the yearly charge in 6/03. Therefore your claim of wanting back $900.00 for that time frame is invalid. We do in fact owe you the total shown above for $720.00. We have also determined that we feel you should be compensated for not getting the open/close reports from January 2006 to June 2006. That amount would be $180.00 as determined by your monthly rate of $30.00 per month multiplied by the number of months (6). VWe are not giving you credit for July, August, and September 2006 open/close reports as you did receive them. 9.v.v/,s /r e &mow 2026 Market Street • Camp Hill, Pennsylvania 17011 s O FIRE UPOKAAM (717) 761.3112 • FAX (717) 761.6996 • 1-800-699-3112 ` ..e Myers Security Services Smith Security Systems & Service those letters, and a check in the amount of $463.75 , we will discontinue service on both these accounts. Foremost Communications Mr. Joseph Olshefski's contractual obligation $1353.75 Quality Builder's contractual obligation $100.00 Subtotal $1453.75 Zeplin owes Quality Builder's $900.00 Total due to Zeplin Security $553.75 AR 4 Zeplin S Security Group _ \M O s? V V cn CO.) R Should you have any questions please feel free to contact us. Sincerely, Fred W. Zeplin President A57-kv-A r4 rr C 2026 Market Street • Camp Hill, Pennsylvania 17011 OUR LAM Q 1111 a MR AL.,MR (717) 761.3112 • FAX (717) 761.6996 • 1-800-699-3112 `J ??A,Nx3 Myers Security Services Smith Security Systems & Service Foremost Communications As you can see from our review of both accounts we have come to the agreement that we owe you the monetary sum as listed in the table below. 4 years open/close reports at $180.00 per year $720.00 9 months open/close reports at $30.00 per month $180.00 Total $900.00 Upon further review of Quality Builder's account, and Mr. Joseph Olshefski's account, this is what we have determined you owe us. Zeplui'S Security Group \ti1 SY C? Q.) clo? con I Q.? t Quality Builder's account is going to renew again on March 7, 2007. In order to keep this contract from renewing we need a signed letter from you, on company letterhead stating you wish to discontinue service. This is a requirement as it is for liability reasons that this must be done. Upon receipt of you letter we can make arrangement to cancel monitoring of your account. The balance due on this account would be $100.00 as determined by your monthly payment amount of $25.00 multiplied by the number of months left on your contract (4). Mr. Joseph Olshefski's account has just renewed for a five (5) year terms, which extends his financial obligation with Zeplin Security until August 21, 2011. This account can be cancelled by providing us a signed letter stating that he wishes to cancel his service. This too, is for liability reasons. Please see the table below, which represents the amount due on this contact to complete the contract terms. 9 mos. monitoring @ $23.75 per mo.--11/06 to 7/07 $213.75 12 mos. monitoring @ $23.75 per mo.--8/07 to 7/08 $285.00 12 mos. monitoring @ $23.75 per mo.--8/08 to 7/09 $285.00 12 mos. monitoring @ $23.75 per mo.--8/09 to 7/10 $285.00 12 mos. monitoring @ $23.75 per mo.-8/10 to 7/11 $285.00 Total financial obligation to close account $1353.75 In conclusion, the following table represents what Quality Builder's and Mr. Joseph Olshefski must pay to close their accounts with us as per their contract terms. We shall close both accounts upon receipt of us getting 2 signed letters confirming the client's desire to discontinue service with us. Upon receipt of BURGLAR 2026 Market Street Camp Hill, Pennsylvania 17011 (717) 761.3112 FAX (717) 761.6996 1-800-699-3112 C*1 Y/Air Joseph M. Qlshefski 307 Meadow Drive, Mechanicsburg, PA 17055 office: 717 737-2522 est. 113 November 8, 2006 Mr. Fred W. Zeplin, President Zeplin's Security Group 2026 Market Street Camp Hill, PA 17011 Re: Monitoring service at 307 E. Meadow Drive, Mechanicsburg, PA Dear Mr. Zeplin: On August 21, 2001 I executed a monitoring service contract for the above residence. Please be advised that when the contract expires in August 2011 I will not be renewing the monitoring service contract for an additional term. )I - Olshefski EkHio?r ? ?? + ' +.?? ? ?1 ? ? VERIFICATION I, JOSEPH M. OLSHEFSKI, hereby certify and state that the foregoing Complaint is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: J - ? -° -7 By: Joseph M. Olshefski ^1 ?'1 1 v ^ fi C ?'?? l JOSEPH M. OLSHEFSKI, Plaintiff, V. ZEPLIN' S SECURITY GROUP, INC., FRED W. ZEPLIN, Individually, and JEFFREY KEITER, Individually, Defendants. TO: Joseph M. Olshefski c/o John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-1334 : CIVIL ACTION -LAW NOTICE TO PLEAD You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, MANC WAGNER, SPREHA & McQUII.LAN B Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Defendants DATE: G' JOSEPH M. OLSHEFSKI Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ZEPLIN'S SECURITY GROUP INC. FRED W. ZEPLIN, Individually AND JEFFREY KEITER, Individually CIVIL ACTION DOCKET NO. 07-1334 CIVIL TERM Defendants ANSWER TO THE COMPLAINT WITH COUNTER CLAIM AND NOW, comes the Defendants, by and through their attorneys Mancke, Wagner, Spreha & McQuillan, who files the following Answer With Counter Claim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is denied that Zeplin's Security has been over charging the Plaintiffs business. It is admitted a letter of October 5, 2006 was forwarded and received, however, it is expressly denied that Zeplin's Security owes money to the Plaintiff. 9. Admitted. 10. Admitted. A letter is attached as 'Exhibit A' and speaks for itself. 11. Admitted in part and denied in part. It is admitted that there is a refund, however, it is expressly denied that the amount owed by the Defendant to the Plaintiff exceeds the amount that the Plaintiff owes the Defendant. 12. Denied. It is denied that the answering Defendants' retaliated or acted in concert and filed a wrongful and frivolous suit at District Justice, November 21, 2006, and further denies any false representation that the Plaintiff sent a letter requesting cancellation. 13. Denied. The Defendant is without knowledge concerning averment contained in Paragraph 13, same is denied. Proof is demanded at time of trial. 14. Admitted that Plaintiff made such a request but it is expressly denied that the Defendants have denied such a request. 15. Denied. Answering Defendant is without knowledge to form an averment contained in Paragraph 15, therefore the same is denied. Proof is demanded at time of trial. 16. Denied. It is expressly denied that Zeplin in his individual name represented to anyone that Keiter in his individual name filed the Complaint and was acting on anyone's behalf. 17. Denied. It is denied that any action filed at the District Justice level was frivolous and without merit. 18. Denied. It is denied that the answering Defendants filed a frivolous action and are responsible for any of Plaintiff's costs. WHEREFORE, Defendants request Count I be dismissed. COUNT II 19. Answers to Paragraphs 1 through 18 are incorporated herein by reference. 20. Admitted. 21. Denied. It is denied that Zeplin's improperly utilized any wire for the installation of the wiring, in that Zeplin's did not install the original system, it was installed by another company. 22. Admitted there was a cost for installation of wiring, however, it is expressly denied that it is the responsibility of the Defendants. 23. Denied. It is denied that Zeplin's Security is responsible for the cost of replacements. WHEREFORE, Defendants request the Court to dismiss Count 11. COUNT 111 24. Answers to Paragraphs 1-23 are incorporated herein by reference. 25. Defendant is without knowledge as to form a belief as to the averment contained therein and therefore the same is denied. Proof is demanded at the time of trial. 26. Denied. It is denied that the contract can be or is declared null and void. WHEREFORE, Defendant requests the Court to dismiss Count III. COUNTER CLAIM 27. The Plaintiff herein is responsible to the Defendant, Zeplin's Security Group, Inc., in the sum of $553.75 for services rendered under the contract. Per certain provisions of the contract, attorneys' fees are due for breach of the agreement for which Defendant, Zeplin's Security Group, Inc., request legal fees. 28. The action against Fred W. Zeplin, individually, and Jeffrey Keiter, individually, is frivolous, without merit, and has no foundation, as all documents are in the name of the Defendant, Zeplin's Security Group, Inc. 29. To the extent that Fred W. Zeplin, individually, and Jeffrey Keiter, individually, are named said Complaint is without merit, frivolous for which the Defendants' requests attorneys' fees as against the Plaintiff. WHEREFORE, Defendants request the Court to grant relief as requested. Respectfully submitted, MANCKE, WAGNER, SPREHA & McQUILLAN 5 "0 By Date: i- I P. R?t?ard'Wagner, Esquire 1ftorney I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Defendants VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: ?f ti/e'l VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 By ??l-v t?? . Debra K. Spinn , Secretary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendants Date: i-11/LD? C:J " ^ i ! 1E ry {? to E _A JOSEPH M. OLSHEFSKI Plaintiff v ZEPLIN' S SECURTIY GROUP INC. FRED W. ZEPLIN, individually AND JEFFREY KEITER, individually Defendants To: Zeplin's Security Group Inc. 2026 Market Street Camp Hill, PA 17011 Date of Notice: April 11, 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO. 07-1334 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 s Respectfully Submitted, John . Gill, Esquire orth Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Joseph A Olshefski CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Notice of Default was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Zeplin's Security Group, Inc. 2026 Market Street Camp Hill, PA 17011 Cry I Ii 107 /kPt4-414 PA- Date Pe Morrison, Secretary r"l r-? C7 j t1 -77 ~ ` ii e I JOSEPH M. OLSHEFSKI Plaintiff v ZEPLIN' S SECURTIY GROUP INC. FRED W. ZEPLIN, individually AND JEFFREY KEITER, individually Defendants To: Fred W. Zeplin, individually 2026 Market Street Camp Hill, PA 17011 Date of Notice: April 11, 2007 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION : DOCKET NO. 07-1334 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 ,- Respectfully Submitted, Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Joseph M. Olshefski F CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Notice of Default was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Fred W. Zeplin, individually 2026 Market Street Camp Hill, PA 17011 1 s-w a ?- Date Pegg rrison, Secretary -77, '' `Cr 0 JOSEPH M. OLSHEFSKI Plaintiff v ZEPLIN'S SECURITY GROUP INC. FRED W. ZEPLIN, individually AND JEFFREY KEITER, individually IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO. 07-1334 Defendant PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS' COUNTER CLAIM 16h AND NOW this - day of April 2007 comes the Plaintiff and files the within Preliminary Objection To Defendants' Counter Claim: Preliminary Objection Pursuant to PARCP 1028 (a)(6) Pendency of Prior Action 1. Defendants have alleged a Counter Claim for breach of contract. 2. Defendant, Zeplin's Security Group Inc. has already instituted an action alleging breach of contract at the District Justice level. 3. Said case is pending before District Justice Thomas A. Placey, Docket No. CV-83-07 which is scheduled for hearing May 21, 2007. 4. As such, Defendants' Counter Claim should be Dismissed for Pendency of Prior Action pursuant to PARCP 1028 (a)(6). f' WHEREFORE, Plaintiff requests Defendants' Counter Claim be dismissed. Respectfully Submitted, Jo . Gill, Esquire orth Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Joseph M. Olshefski CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Plaintiff's Preliminary Objections To Defendants' Counter Claim was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendants a-n Date Morrison, Secretary C'a ? o _? T N ,gym "i t rn PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ------------------------------------------------------ CAPTION OF CASE (entire caption must be stated in full) JOSEPH M. OLSHEFSKI (Plaintiff) vs. ZEPLIN'S SECURITY GROUP, INC. FRED W. ZEPLIN, individually AND JEFFREY KEITER,individually (Defendant) No. 07-1334 , CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to commp?laint, etc.): Palintiff s Preliminary Objections To Defendants' Counter Claim 2. Identify counsel who will argue cases: (a) for plaintiff: John A. Gill, Esquire, 325 N. Second Street, Wormleysburg, (Name and Address) PA 17043, 717 737-2522 (b) for defendant: P. Richard Wagner, Esquire, Mancke, Wagner, Spreha & McQuillan (Name and Address) 2233 N. Front Stree, Harrisburg, PA 17110 717 234-7051 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 11, 2007 Date: 11-5--6-7 1'61, u R G c. l., Print your name PLA;ok-C \ c F Attomey for . 146 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Plaintiff's Praecipe Listing Plaintiff's Preliminary Objection to Defendants' Counter Claim For Argument, was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 moo, Date U0 V Peggy Morrison, Secretary :-.? co .C SHERIFF'S RETURN - REGULAR CASE NO: 2007-01334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLSHEFSKI JOSEPH M VS ZEPLINS SECURITY GROUP INC ET TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZEPLINS SECURITY GROUP INC the DEFENDANT , at 1548:00 HOURS, on the 14th day of March 2007 at 2026 MARKET STREET CAMP HILL, PA 17011 by handing to DARLA MYE, OFFICE ASSISTANT, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 14.40 Postage .63 Surcharge 10.00 R. Thomas Kline .00 43.03 03/15/2007 DO JOSEPH OLSHEFSKI 0 9 11 11 Sworn and Subscibed . to By: before me this day De uty S eriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLSHEFSKI JOSEPH M VS ZEPLINS SECURITY GROUP INC ET TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZEPLIN FRED W the DEFENDANT , at 1548:00 HOURS, on the 14th day of March 2007 at 2026 MARKET STREET CAMP HILL, PA 17011 by handing to DARLA NYE, OFFICE ASSISTANT, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 ??. Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 03/15/2007 8 1 JOSEPH OLSHEFSKI . Sworn and Subscibed to ?a By: f before me this day De ty Sheriff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01334 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OLSHEFSKI JOSEPH M VS ZEPLINS SECURITY GROUP INC ET R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KEITER JEFFREY but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 2026 MARKET STREET , KEITER JEFFREY NOT FOUND , as to CAMP HILL, PA 17011 DEFENDANT IS NO LONGER EMPLOYED AT ZEPLINS AND THEY WERE UNSURE OF HIS ADDRESS. HE LIVES IN DAUPHIN COUNTY. Sheriff's Costs: So answer Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.OO0 JOSEPH OLSHEFSKI 91101 03/15/2007 Sworn and Subscribed to before me this day of , A. D. JOSEPH M. OLSHEFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v ZEPLIN'S SECURITY GROUP INC. CIVIL ACTION FRED W. ZEPLIN, Individually AND JEFFREY KEITER, Individually DOCKET NO. Q 7 - / 3 3 y c ; t ( 4-crn Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 E CC" FROM RECOW 'e wbe?eo?, l hit U10 Set hf hIl tllrt . Pa. JOSEPH M. OLSHEFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v CIVIL ACTION ZEPLIN' S SECURITY GROUP INC., FRED W. ZEPLIN, Individually AND DOCKET NO. ?I + ?f? JEFFREY KEITER, Individually : 7 - 3 3 U c; Defendants COMPLAINT AND NOW, this 8t' day of March, 2007, comes the Plaintiff and files the within Complaint against the above named Defendants and avers in support hereof the following: COUNTI JOSEPH M. OLSHEFSKI V ZEPLIN'S SECURITY GROUP, INC., FRED W. ZEPLIN AND JEFFREY KEITER 1. Plaintiff is Joseph M. Olshefski, an adult individual who resides at 307 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Zeplin's Security Group, Inc. (Zeplin's Security), is a Pennsylvania corporation with its principle place of business situate at 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant Fred W. Zeplin (Zeplin) is an adult individual whose personal address is unknown but is employed by Zeplin's Security and can be found at the address of 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Defendant Jeffrey Keiter (Keiter) is an adult individual whose personal address is unknown but is employed by Zeplin's Security and can be found at 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 5. On August 21, 2001 Plaintiff executed a contract with Zeplin's Security in which Zeplin's Security agreed to perform alarm system monitoring services at Plaintiff's residence. A copy of the contract is attached hereto incorporated herein and marked as Exhibit A 6. The agreement was for a five-year term, which renewed automatically. 7. Zeplin's Security also performs monitoring services for a business owned by Plaintiff. 8. Plaintiff discovered that Zeplin's Security had been over charging Plaintiffs business for a number of years for monitoring services and by letter dated October 5, 2006, requested a refund of the amount and proposed that Zeplin's Security coordinate the discontinuance of the monitoring services to the business as well as the Plaintiff's residence. A copy of the letter is attached hereto incorporated herein and marked as Exhibit B. 9. Zeplin's Security replied by letter dated October 17, 2006, indicating that Plaintiff could cancel his account by providing a signed letter. A copy of the letter is attached hereto incorporated herein and marked as Exhibit C. 10. Plaintiff never provided such a letter and in fact on numerous occasions indicated that he wished to continue service until contract expiration. A copy of Plaintiff's final letter to Zeplin's Security indicating as such is attached hereto incorporated herein and marked as Exhibit D. 11. Zeplin's Security refused to refund the amount admitted due to Plaintiff's business, which resulted in the business instituting a Complaint in District Court against Zeplin's Security. 12. In retaliation, Zeplin's Security, Zeplin and Keiter acting in concert, with wrongful, frivolous intent filed a Claim against Plaintiff at the District Justice, on November 21, 2006, falsely representing that Plaintiff sent a letter requesting cancellation of service. 13. Such allegation is false since Plaintiff never forwarded such a letter and in fact, Plaintiff has demanded that Zeplin's Security provide monitoring services under the contract until the current expiration of the contract, which will terminate on August 21, 2011. 14. Plaintiff has requested Zeplin's Security confirm that that the monitoring services agreed to and paid will remain in place in accordance with the contract but Zeplin's Security has failed to confirm the same. 15. Keiter signed the District Justice Complaint filed against Olshefski and knew or should have known that the allegations set forth in the Complaint were false and were only filed in an attempt to intimidate and harass the Plaintiff. 16. Zeplin represented to Plaintiff that Keiter filed the Complaint at his request and was acting on his behalf 17. The action filed at the District Justice level was frivolous and without merit 18. Zeplin's Security, Zeplin and Keiter are liable to Plaintiff for the filing of the frivolous action and are responsible for all of Plaintiff's costs incurred. WHEREFORE, Plaintiff, Joseph M. Olshefski, requests that Judgement be entered against Defendants, jointly and severally in a sum not to exceed $35,000.00 including costs and attorney's fees. COUNT II JOSEPH M. OLSHEFSKI V ZEPLIN'S SECURITY GROUP INC. 19. Plaintiff incorporates the preceding paragraphs as though set forth in full. 20. Plaintiff paid Zeplin's Security Group under the contract the sum of $1977.00 for the security system and installation of the security system. 21. Plaintiff had been discovering problems with his telephone line and subsequently discovered that while installing the security system, Zeplin's Security improperly utilized interior wire for the exterior installation of the wiring for the alarm. 22. Plaintiff has to replace the improper wiring which cost is estimated at $972.53. 23. Zeplin's Security is responsible for the cost of replacement. WHEREFORE, Plaintiff demands Judgement against Defendant Zeplin's Security Group Inc. in the amount of $972.53 plus costs of suit. COUNT III JOSEPH M. OLSHEFSHI_V ZEPLILN'S SECURITY GROUP, INC. 24. Plaintiff incorporates the preceding paragraphs as though set forth in full. 25. Zeplin Security has engaged in a course of conduct constituting a breach of the Agreement attached as Exhibit A and giving Plaintiff reason to believe that it is not performing monitoring services in a professional manner. 26. Plaintiff seeks a declaration from the Court that the contract is null and void and that Plaintiff can terminate the contract without penalty. WHEREFORE, Plaintiff demands Judgement declaring the monitoring contract null and void. Respectfully Submitted, A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 730-9789 #41532 Attorney for Plaintiff Joseph M. Olshefski ALARM SYSTEM AGREEMENT This Agreement is dated r*'" ,1i- - f_%f between ZEPLIN SECURITY GROUP, INC. (the "Company") and you (the "Customer"). This Agreement covers the system listed on 6chedule A or any system the Company takes over from another company (the "System") and any services requested below for the following location (the "Premises"). The Company has written this Agreement in simple, easy-to-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: ?f`''' BILLING PREMISES: ADDRESS: TYPE OF ACCOUNT:- Consumer Use Commercial or Business Use ESTIMATED INSTALLATION DATE: CHARGES AND FEES: Purchase Price (sale only) S Due at signing s Due when the System is substantially installed Installation Charge (sale or lease) Due at signing Due when the System is substantially installed Take Over Charge (due at signing) Lease (1st Payment) TELEPHONE: TYPE OF MONITORING Radio Other: Lease Fee Monitoring Fee Telephone Cellular S 4: Other ' Repair Fee $ (beginning after the Limited Warranty ends) $ Total $ /month S /month $ -/month $ -/month $ --/month All fees are due in advance as follows: $ monthly quarterly annually $ Option Price (for purchase of System $ at end of the initial lease Term) S? THE FOLLOWING SPECIFIC TERMS (A-F) APPLY ONLY IF A CHARGE A. Installation. The Company agrees to install the System and the Customer agrees to pay the installation charge. The Company assumes no responsibility for any delay in installation. The Customer 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 changes, to the System beyond those shown on Schedule A. FOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW. The Customer agrees to pay the Company the monitoring fees. After the initial term, the monitoring services will automatically renew for successive similar terms. Once the Company receives a signal, the Company will try to notify, over the regular telephone lines, the agency(s) 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. ? B. Take Over. The Company agrees to take over the operation of the Customer's existing System and the Customer agrees to pay the charge for taking it over. The Customer represents that it owns the System. After the take over, the Company will always own the transmitting device, which contains the Company's proprietary data. EJ C. $19g. 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 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 bill the Customer directly for any telephone lines or equipment. The Customer understands that no form of monitoring is error- GENERAL TERMS. 1. WA-1I1AT-Ohl-9-F._T._IiE,....9-MAPA -Y.3._.'n<I.A131l,ITT1 IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE ORTHE FAILURETO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE $750.00. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER AND THE COMPANY. IFTHE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT$ TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 2. !r0.??x The Customer understands that THE COMPANY IS NOT AN INSURER. The Customer is responsible for obtaining all insurance the CUSIOmer thinks is necessary, including coverage for personal injury and property damage. The payments the Customer makes under, this Agreement are not related to the value of the Premises or the Customer's possessions, but rather are based on the cost of the Systern and the Company's services. The. Customer releases the Company from any liability for any event or condition covered by the Customer's insurance. T'he Customer understands that the Systern is designed to reduce, but not eliminate, certain risks. I iie Company does not guaranty that the `.system will prevent personal injury, unauthorized entrances or fire and smoko damage to the Prernises. The Company assumes no liability for those risks. 3. Limjted,.,.(Varranty, (a) For 12 months from the date of this Agreement, the Company warrants that if any part of the System does not work because of a defect or because of ordinary wear and tear, the Company will repair or replace that part at no charge to the Customer. The Company may use reconditioned parts in making repairs, but the Company warrants the replacement parts only for the warranty period. This limited warranty does not cover batteries in wireless devices, nor does it apply if the System has been damaged by acts beyond the Company's control. Such acts include accidents, power surges, misuse, lack of proper maintenance. unauthorized changes or acts of God (such as fires. earthquakes, tornados, etc.). S. T.ttg?ustgtil r' AgLeem ,[t-S,, The Customer has the authority to sign this Agreement and in doing so will not violate any other agreement. The Customer is not aware of any hazardous conditions on the Prerrrises. The Customer agrees to prevent false alarms and assurne responsibility for them. If the COrnpany notifies the Customer of a malfunction, the CUStOrner will disconnect the System until the Company can repair it. The Customer will not tamper or interfere with the System, nor permit others to do so. The Customer agrees that the Company can record and use sill communications with anyone at the Premises in the normal course of the Company's business. The Customer will test the System at least once a month, as well as when changes are made to its telephone system or the Premises. The Customer wilt immediately notify the Company of any problems with the System. The Customer agrees that the Company can make program changes to the Company's proprietary data located in the transmitting device. The Customer will pay the Company its then-current charges for doing any work riot covered by this Agreement. including paying the Company's minimum service charge if the Company cannot enter the Premises at the scheduled time. The Customer's obligations continue even if tile CLIslorner sells or leaves the Premises. 6. The_?utgmer'.,..Betault It the Customer fails to perform its obligations, the Company will give the Customer written notice of default. If the Customer does riot fix the default within 30 nays, the Company can end this Agreement. If the Company ends this Agreement, the Customer must pay the Company: (a) all amounts then due; (b) 80% of the amount due the Company for the remainder of this Agreement (as an agreed- upon amount of damages and not as a penalty); ano (c) the Company's reasonable collection costs, including attorney's fees, If this Agreement is ended, the Company does not have to provide any service, including monitoring, after that date. In addition, the Company can peacefully enter the Premises and remove its equipment, If the Company waives any default by the Customer, that does not mean the Company waives later defaults. Any waiver by the Company must be in writing. The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease. The Customer must return such property it it does riot fully pay for it, If the Customer does not return such property, the Company will ask a court to force the Customer to do so. The Company has the rights of a secured party under the Uniform Commercial Code. 7. $ustem C. rges.. The Customer agrees to obtain all licenses and pay all taxes, fines and other assessments, including sales taxes. The Company's fees are based upon existing taxes and charges. and the Company can increase the Company's fees to reflect changes in these taxes or charges. After the first year of this Agreement. the Company can increase the Company's fees by an annual amount up to 10% or the annual percentage: increase in the Consumer Price index, whichever is higher, in addition to any increases due to taxes or charges. If the Customer is more than 30 days late with payment, the Company a? SENT VIA FAX (717) 975-0563 l/i /?/Oy (f Mr. Fred Zeplin Zeplin's Security Group, Inc. P.O. Box 144 Camp Hill, PA 17011 Re: Alarm Services, 325 North Second Street, Wormleysburg, PA 17043 Dear Mr. Zeplin: I am writing in follow-up to our telephone conversation on October 5, 2006. As stated we are not expecting nine. months of credit. Rather, when the issueI arose I had our Accounting Department pull out a payment history to Zeplin's and discovered we were double billed for Open and dose Reports for the period.lVlay 2001 through May. 2005. If you review your records you can confirm the same:, In your letter of February 27,) 997 you uidicated.that our monthly monitoring fee would be`$19 75 and the Open and Close Reports..W7 d be $15.00 per month, The:monthly' monitoring service was billed bn anointhly basis`but m Open and Close Report costs,: were billed on an annual basis of $180 00: `'In2001 your apparently; changed the; cost for the Open and Close Reports to $20,00'per month and billed he cost of those reports on a monthly basis. However, the. bills for the. original $180.00 Open and Close Reports ` continue to be sent and were paid in May 2001 through May 2005,::Thus, we were charged an annual fee based on your original $15.00 charge for Open and Close Reports for five years resulting in an over payment of $900.00: The $180.00 charge was not levied in 2006, leading me to belieye Ghat you discovered the over billing, however you did not provide a credit for the previous years. Additionally, your unilateral increase of the fees was contrary to the provisions of paragraph 7 of your contract, which indicates that fees will not be increased by more than 10% or the annual percentage increase in the Consumer price index:. The increase in fees over the years was more than 10%: ; Additionally, you did in fact bill us for nine months of Open and Close Reports which we did not receive and we, were charged $270.00, which needs to be returned.: You indicated that an equipment malfunction may have occurred at our end, but that doesn't explain why the codes were not updated when supplied to you. 325 North Second Street, WormleysburQ, PA 17043 i ' r ph: 717.737.2522 - fax: 717.737.4288 www.gbwc.com .41yers Security Services Smith Security Systems & Service October 17, 2006 Foremost Quality Builders Warranty Corp. Communications 325 North 2nd Street Wormleysburg, PA 17043 John A. Gill, Esquire. Dear John, AR This letter is our formal correspondence, in reference to your letter ,$ A dated October 5, 2006; where you had asked us for a check in the f $1170 00 U f h i ' Q? amount o . . pon urt er rev ew of Quality Builder s account (110822) and Jose h Olshefski's account (310222) this ' , , p , ' Zeplin s is what we have determined. I am referencing Mr. Olshefski s Security Group account too, as you stated he wished to pursue other options for monitorin g. S We have reviewed your payment history with us during the time frame you referenced in you letter to us dated October 5 2006 SY . , , . We did in fact double charge you for open/close reports. Please note the following table below, as it represents what you overpaid. 6/1/06 PD $180.00 for yearly open/close reports r- 6/1/02 PD $180.00 for yearly open/close reports 0 6/1/04 PD $180.00 for yearly open/close reports 6/1/05 PD $180.00 for yearly open/close reports V Total PD $720.00 for 4 years open/close reports Notice that you did not pay the yearly charge in 6/03. Therefore • your claim of wanting back $900.00 for that time frame is invalid. We do in fact owe you the total shown above for $720.00. We have also determined that we feel you should be compensated for a, not getting the open/close reports from January 2006 to June ?, 2006. That amount would be $180.00 as determined by your monthly rate of $30.00 per month multiplied by the number of months (6). Vide are not giving you credit for July, August, and September 2006 open/close reports as you did receive them. BUR 2026 Market Street • Camp Hill, Pennsylvania 17011 MRE ALARM (717) 761.3112 • FAX (717) 761.6996 • 1-800-699-3112 ` BF Myers Security Services Smith Security Systems & Service Foremost Communications AR 4 A Zelp n s Security oup \M sY V Cf? cn 4O those letters, and a check in the amount of $463.75, we will discontinue service on both these accounts. Mr. Joseph Olshefski's contractual obligation $1353.75 Quality Builder's contractual obligation $100.00 Subtotal $1453.75 Zeplin owes Quality Builder's $900.00 Total due to Zeplin Security $553.75 Should you have any questions please feel free to contact us. Sincerely, Fred W. Zeplin President FkA Ia/ r C 2026 Market Street • Camp Hill, Pennsylvania 17011 i ?F?, = ARE ALARM BUAOL4q G (717) 761.3112 • FAX(717)761-6996 • 1-800-699-3112 ` Myers Security Services Smith Security Systems & Service Foremost Communications 4 4 years open/close reports at $180.00 per year $720.00 9 months open/close reports at $30.00 per month $180.00 Total $900.00 Upon further review of Quality Builder's account, and Mr. Joseph Olshefski's account, this is what we have determined you owe us. ?J A-?\ Zeplni s Security Group M As you can see from our review of both accounts we have come to the agreement that we owe you the monetary sum as listed in the table below. Quality Builder's account is going to renew again on March 7, 2007. In order to keep this contract from renewing we need a signed letter from you, on company letterhead stating you wish to discontinue service. This is a requirement as it is for liability reasons that this must be done. Upon receipt of you letter we can make arrangement to cancel monitoring of your account. The balance due on this account would be $100.00 as determined by your monthly payment amount of $25.00 multiplied by the number of months left on your contract (4). - Mr. Joseph Olshefski's account has just renewed for a five (5) year terms, which extends his financial obligation with Zeplin Security until August 21, 2011. This account can be cancelled by providing us a signed letter stating that he wishes to cancel his o service. This too, is for liability reasons. Please see the table below, which represents the amount due on this contact to complete the contract terms. ~ .9 mos. monitoring @ $23.75 per mo.7-11/06 to 7/07 $213.75 L 12 mos. monitoring @ $23.75 per mo.--8/07 to 7/08 $285.00 12 mos. monitoring @ $23.75 per mo.--8/08 to 7/09 $285.00 C, 12 mos. monitoring @ $23.75 per mo.--8/09 to 7/10 $285.00 a, 12 mos. monitoring @ $23.75 per mo.-8/10 to 7/11 $285.00 , Total financial obligation to close account $1353.75 In conclusion, the following table represents what Quality Builder's and Mr. Joseph Olshefski must pay to close their • .--y accounts with us as per their contract terms. We shall close both accounts upon receipt of us getting 2 signed letters confirming the ' a, client s desire to discontinue service with us. Upon receipt of 2026 Market Street • Camp Hill, Pennsylvania 17011 FNUMROupM (717) 761.3112 • FAX (717) 761-6996 1-800-699-3112 Aric q/,d I r C. Joseph M. 01shefski 307 Meadow Drive, Mechanicsburg, PA 17055 office: 717 737-2522 ext. 113 November 8, 2006 IW Fred W. Zeplin, President Zeplin's Security Group 2026 Market Street Camp Hill, PA 17011 Re: Monitoring service at 307 E. Meadow Drive, Mechanicsburg, PA Dear Mr_ Zeplin: On August 21, 2001 I executed a monitoring service contract for the above residence. Please be advised that when the contract expires in August 2011 I will not be renewing the monitoring service contract for an additional term. Si ere , Olshefski jEkHiii,r 2) VERIFICATION I, JOSEPH M. OLSHEFSKI, hereby certify and state that the foregoing Complaint is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: -7 By: Joseph M. Olshefski ": JCS 04e i ,7 ??i ( lJY L?SP1 1U 114 JOSEPH M. OLSHEFSKI, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 07-1334 -CIVIL ACTION ZEPLIN'S SECURITY GROUP, INC., FRED ZEPLIN, individually, and JEFFREY KEITER, individually, Defendants. PRAECIPE TO THE PROTHONOTARY: Please strike the Preliminary Objections of the Plaintiff to Defendant's Counter-Claim as they are now moot. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan r/ if P. Ric d.Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendants Date: ?/ !> !;7CS7 `fl -- r rrI cr-) -? JOSEPH M. OLSHEFSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ZEPLIN'S SECURITY GROUP, INC., FRED W. ZEPLIN, INDIVIDUALLY: AND JEFFREY KEITER, INDIVIDUALLY, DEFENDANTS 07-1334 CIVIL TERM IN RE: PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANTS' COUNTERCLAIM BEFORE BAYLEY, J. AND GUIDO, J. ORDER OF COURT AND NOW, this I- t day of July, 2007, plaintiffs preliminary objection to defendants' counterclaim on the basis of the pendency of a prior action (Pa. Rule of Civil Procedure 1028(a)(6)), IS DISMISSED.' By the Edgar B. Bayley, J. John A. Gill, Esquire For Plaintiff P. Richard Wagner, Esquire For Defendants :sal 7 -7. 0 -7 ' There was a prior action pending at Magisterial District No. 09-3-04 on April 20, 2007, when plaintiff filed the preliminary objection to defendants' counterclaim. That action was dismissed without prejudice by the Magisterial District Judge on May 22, 2007. Zeplin's Security Group filed an appeal in this court at 07-3513. That appeal was stricken on July 6, 2007. Therefore, there is no claim pending which would provide relief pursuant to Rule 1028(a)(6). a U c !`l{'.. `yam LL . CD U tv t JOSEPH M. OLSHEFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. DOCKET NO.: 2007-1334 ZEPLIN' S SECURITY GROUP, INC. FRED W. ZEPLIN, Individually, and CIVIL TERM JEFFREY KEITER, Individually Defendants NOTICE TO PLEAD TO: P. Richard Wagner Attorney for Zeplin's Security Group, Inc. Fred W. Zeplin, Individually, and Jeffrey Keiter, Individually 2233 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgement may be entered against you. Respectfully submitted, J A. Gill, Esquire 25 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Joseph M. Olshefski JOSEPH M. OLSHEFSKI : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. DOCKET NO.: 2007-1334 ZEPLIN' S SECURITY GROUP, INC. FRED W. ZEPLIN, Individually, and CIVIL TERM JEFFREY KEITER, Individually Defendants ANSWER TO DEFENDANTS' COUNTER CLAIM WITH NEW MATTER AND NOW, this first day of August 2007, comes the Plaintiff, Joseph M. Olshefski, by and through his undersigned counsel, and files the within Answer to Defendants' Counter Claim together with New Matter and avers in support hereof the following: COUNTER CLAIM 27. Denied. It is specifically denied that Plaintiff is responsible to Defendant for services rendered under the contract. By way of further answer Plaintiff incorporates herein the allegations contained in his Complaint. 28. Denied. It is specifically denied that Plaintiff's action was frivolous. All of the Defendants participated in instituting a frivolous action against the Plaintiff. 29. Denied. It is specifically denied that Plaintiff's action was frivolous. All of the Defendants participated in instituting a frivolous action against the Plaintiff. WHEREFORE, Plaintiff, Joseph M. Olshefski, requests that Defendants' Counter Claim be dismissed and that judgement be entered in his favor. NEW MATTER 30. The contract attached to Plaintiff's Complaint, as Exhibit A, is the only contract existing between Plaintiff and Defendant. 31.On November 21, 2006, Defendant, Zeplin's Security Group, Inc. instituted suit at the District Justice level against Plaintiff for breach of the contract. A true and correct copy of the Civil Complaint filed by Defendant, Zeplin's Security Group, Inc. and signed by Jeffrey L. Keiter, is attached hereto, incorporated herein and marked as Exhibit 1. 32. Plaintiff filed a Notice to Defend in the District Justice action. 33. Zeplin's Security Group, Inc. originally filed the action with District Justice Manlove, and said action was transferred to District Justice Placey. 34. District Justice Placey forwarded Notice to the parties that a hearing on the matter was scheduled for May 21, 2007, at 2:45 p.m. A true and correct copy of the Notice is attached hereto, incorporated herein and marked as Exhibit 2. 35. Zeplin's Security Group, Inc. failed to appear at time of hearing. 36. Judgement was entered in favor of Joseph M.Olshefski and against Zeplin's Security Group, Inc. in accordance with R.C.P.M.D.J. No. 319(a). A true and correct copy of the Judgement is attached hereto, incorporated herein and marked as Exhibit 3 37. Zeplin's Security Group, Inc. Appealed the Judgement to the Court of Common Pleas Of Cumberland County. A true and correct copy of said Notice of Appeals attached hereto, incorporated herein, and marked as Exhibit 4. 38. Zeplin's Security Group, Inc. failed to file a Complaint and the Appeal was stricken. 39. Defendants instituted their Counter Claim against Plaintiff, Joseph M. Olshefski based on the contract attached to Plaintiff's Complaint marked as Exhibit A. 40. The suit filed at the District Justice level involves the same alleged breach of contract, which Defendants' have alleged in their Counter Claim. 41. The parties at the District Justice level and in the instant case are the same. 42. Defendants' Counter Claim is barred by res judicata. WHEREFORE, Plaintiff, requests that Defendants' Counter Claim be dismissed and that Judgement be entered in favor of Plaintiff. Respectfully submitted, J A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Joseph M. Olshefski NOV-282006 02:21 PM 691983 6919883 P.02 COMMONWEALTH OF PENNSYLVANIA f^.f1i INTV fly- CUMAERIJ= NQ.: 09-1-02 W Noma: Hon. ROBERT V. KANLM AWMA: 19 01 STATR STREET CAMP HILL, PA Tm.p..; (717)761-0583 17011-0000 CIVIL COMPLAINT PLAINTIFF: NAME ? Ind ADDRESS r Fd1 /ild J?dv "'-' / e"O'Pe P,oza /Va "4411 -I/. / 74 lt VS. DEFENDANT: NAME AW ADDRESS r JoaWA olsArl"ki ?? 17DS? Docket No.: 'a Date Filed: I1 q.I of I AMOUNT DATE PAID FILING COSTS $ (A'?s 5C1 I I . _ I 1 $ERVING COSTS $ Q. is 12 TOTAL $ 1.5 • et I) /at / 0k TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ lZ344'. D4 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): J-G tno.Jdx i?-»,... - or. 1119 At e. "d? ?3, 7S tr rrav r ??v?q ie ,?o? ?a?vCe, ?/coJ sAC106 e.r G'0.s1VZ"e-1'^A//4`0' I, J Z. r verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. S.C.A. § 4904) related to unworn falsification to authorities. ature of lain Authonz gern Plaintiffs Address: Attorney: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you Intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. It you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. JEExIgi(''i -r COMMONWEALTH OF PENNSYLVANIA Cnl INTY nF• CUMBERLAND NOTICE OF CONTINUANCE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS 09-3-04 rZEPLIN'S SECURITY GROUP MDJ Name. Hon. 2026 MARKET STREET THOMAS A. PLACEY PO BOX 144 Address: 104,S ;SPORTING -HILL RD_ LCAMP. HILL, PA 17011. - J MECHANICSBURG, PA VS. DEFENDANT: NAME andtAUM StSADDRESS Telephone: `(717) 761-8230 17050 'FOLSHEFSKI, JOSEPH - - ?..- 3 07' E . MEADOW' DR MECHANICSBURG,.PA 17055 JOSEPH OLSHEFSKI L J 307 8 MEADOW DR Docket No.: CV-0000083-07 MECHANICSBURG, PA 17055 Date Filed: 11/21/06 Please note that the hearing in the above captioned case, which was scheduled to occur on: 2/27/07 has been continued to: •DAte: 5/21/07' 1?lace: ; DI$T>btICT COURT 09'-3-04 104 8 SPORTING BILL RD Time: 2 :45 PM.. MECHANICSBURG, PA17050 If you have any questions, please contact this office immediately. Continuance: requested by. MAGISTERIAL :DIET JUDGE If you are disabled and require assistance, please contact the Magisterial District office at the address above. ' 2/;20/02 Date .:? ?<lag+s?'q)si trict Judge rte. n?•? ? My commission'expires rst Monday of January, 2010 r ? f? l ° tl si ? ? ? tJ 11 tt {y Y /3 7- k 1 DATE PRINTED: 2/20/07 1:04:50 PM AOPC 616-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF. CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 ATTORNEY DRY PRIVATE : JOHN GILL 325 N 2ND ST WORMLEYSBURG, PA 17043 THIS IS TO NOTIFY YOU THAT: Judgment. DEFAULT JODGM ENT DEF. NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rZEPLIN-S SECURITY GROUP 2026 MARKET STREET PO BOB 144 LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS f-OLSHEFSKI JOSEPH , 307 E MEADOW DR MECHANICSBURG, PA 17055 L J Docket No.: CV-0000083-07 Date Filed: 11/21/06 (Date of Judgment) 5/21/07 _ ® Judgment was entered for: (Name) OLSHEFSKI, JOSEPH ® Judgment was entered against: (Name) ZEPLIN-S SECURITY GROUP in the amount of $ • 0 F] Defendants are jointly and severally liable. M Damages will be assessed on Date & Time 0` This case dismissed without prejudice. F Amount of Judgment Subject.to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. !1 Date , Magisterial District Judge I certify that this is a true a. correct copy of;the record "of the:pr ceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-06 F>(_Hj 11 1 t 2 DATE PRINTED: 5/22/07 11:11:00 AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant.has filed in. the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME O APPELLjjANT } 9-41 ? [MA6, OIST. NO. OR NAME OP O.J. Ali Ire ADO?? ?APPE CITY STATE / ZIP CODE DATE OF JUDGMENT IN THE CASE OF IPI-1, Hl. !Delentlen 11 i VS. CLAIM O. SIG NPITVRE OF APPENT R HI ATTORNEY OR AGE LT 19 This block will be signed ONLY when this notation is required ume?- Pa. If appellant was Claimant (see Pa. R.C.P.J.P. R.C. P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal. Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service rule or suffer entry of judgment of non pros. ignature of appellant or his attorney or agent RULE: To , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of th?is rule if service was by mail is the date of mailing. Date: , 19-. Signature of Prothonotary or Deputy APIP • -217-OA r-rnPV T() Pr qr- PvFn nm L`.PPFi I FE VERIFICATION I, JOSEPH M. OLSHEFSKI, hereby certify and state that the foregoing Answer To Defendants' Counter Claim Containing New Matter is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ? -1-y -7 By: Joseph M. Olshefski CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Plaintiff s Answer to Defendants' Counter Claim Containing New Matter, was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Date Peg orrison, Secretary f? ? p C? ?? -r1 K;? G1 ? `? ? w z:? ? c . si . _. - x i r _y ? ??^q ? ? r f;,. C??: G,3 X." f.J -°C JOSEPH M. OLSHEFSKI, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 2007-1334 : CIVIL ACTION - LAW ZEPLIN' S SECURITY GROUP, INC., FRED ZEPLIN, Individually, and JEFFREY KEITER, Individually, Defendants. ANSWER TO NEW MATTER OF THE PLAINTIFF AND NOW, comes the Answering Defendants, Zeplin's Security Group, Inc., and Fred Zeplin, Individually, by and through their attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Answer to New Matter: 30 - 41. Admitted. 42. Denied. It is denied that the Defendants' Counter Claim is barred by res judicata in that the Counter Claim was pending throughout the inception of this matter in response to the Plaintiff's original Complaint. WHEREFORE, Answering Defendants request the Court to dismiss the New Matter. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan , Esquire /P. Richar 1 ? I.D. 4231.3 22 3lerCl'i Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Answering Defendants Date: $ " -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. DATE:_ d 7 I- CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 Debra K. Spinner, Sec tary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Answering Defendants Date: 5, /9 ,o" ZO :1 W8 6- 5nV EOOZ JOSEPH M. OLSHEFSKI Plaintiff V. ZEPLIN'S SECURITY GROUP, INC. FRED W. ZEPLIN, Individually, and JEFFREY KEITER, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2007-1334 CIVIL TERM PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS WITH RESPECT TO DEFENDANTS' COUNTER CLAIM AND NOW, this , day of October 2007, comes the Plaintiff, Joseph M. Olshefski, by and through his undersigned counsel, and files the within Motion For Judgment On The Pleadings To Defendants' Counter Claim and avers as follows: 1. On April 11, 2007, Defendants' filed a Counter Claim seeking damages against Plaintiff for breach of contract. 2. Plaintiff filed an Answer With New Matter raising the defense of res judicata to Defendants' Counter Claim. 3. Defendants previously filed an Action against Plaintiff for the same claim at the District Justice level and Judgment was entered in favor of Plaintiff. of 4. Based on the facts specifically admitted in the Pleadings and the documents properly attached thereto Plaintiff is entitled to judgment in his favor on Defendants' Counter Claim. 5. Judges Bayley and Guido were assigned to hear Plaintiff's Preliminary Objections To Defendants' Counter Claim. Judge Bayley issued an Order on July 17, 2007, denying Plaintiff's Preliminary Objections. WHEREFORE, Plaintiff, Joseph M. Olshefski, respectfully requests that judgment be entered in his favor on Defendants' Counter Claim and that Defendants' Counter Claim be dismissed. Respectfully submitted, Jo A. Gill, Esquire 5 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Joseph M. Olshefski CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Plaintiff's Motion For Judgment On Pleadings With Respect To Defendants' Counter Claim, was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 o2va7 14?2 /? AAAt4 Date Pe orrison, Secretary J JOSEPH M. OLSHEFSKI Plaintiff V. ZEPLIN'S SECURITY GROUP, INC. FRED W. ZEPLIN, Individually, and JEFFREY KEITER, Individually Defendants ORDER AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2007-1334 CIVIL TERM 2007, Plaintiff's Motion For Judgment On The Pleadings To Defendants' Counter Claim is GRANTED and Defendants' Counter Claim is hereby DISMISSED. By The Court, J "? fi f 10 , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) JOSEPH M. OLSHEFSKI (Plaintiff) vs. ZEPLIN"S SECURITY GROUP, INC. FRED W. ZEPLIN, Individually AND JEFFREY KEITER, individually (Defendant) No. 07-1334 , CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion For Judgement On The Pleadings To Defendants' Counter 2. Identify counsel who will argue cases: (a) for plaintiff: John A.Gill, Esquire, 325 N. Second Street, Wormleysburg, (Name and Address) PA 17043, 717 737-2522 (b) for defendant: P Richard Wagner, Esquire, Mancke, Wagner, Spreha & McQuillan (Name and Address) 2233 N. Front Street, Harrisburg, PA 17110 717 234-7051 3. I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: November 21, 2007 Sigia re Print your name Date. l1 `3- 0 7 Plaintiff Attorney for 1 , w CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Praecipe For Listing Case For Argument, was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 n(/ & -max '3 , Date 4z-,leL 1Nb1VUAOrL- U Peggy Morrison, Secretary c :? '<? - c- <--? -_? ?, ;-, •-a ?- ?, `- c? , . _ _ __._ ?..> -; ,? JOSEPH M. OLSHEFSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ZEPLIN'S SECURITY GROUP, INC., FRED W. ZEPLIN, INDIVIDUALLY: AND JEFFREY KEITER, INDIVIDUALLY, DEFENDANTS 07-1334 CIVIL TERM BEFORE BAYLEY, J. AND HESS, J. ORDER OF COURT AND NOW, this. day of December, 2007, Zeplin's Security Group, Inc., having admitted that (1) it instituted a suit against Joseph M. Olshefski before a Magisterial District Judge that alleged the same breach of contract set forth in paragraph 27 of its counterclaim which (2) states that "The Plaintiff herein is responsible to the Defendant, Zeplin's Security Group, Inc., in the sum of $553.75 for services rendered under the contract. Per certain provisions of the contract, attorney's fees due for breach of the agreement which Defendant, Zeplin's Security Group, Inc., requests legal fees," and (3) that the Magisterial District Judge entered judgment in favor of Joseph M. Olshefski and against Zeplin's Security Group, Inc., and (4) that judgment is now final, the motion for a judgment on the pleadings by plaintiff to dismiss that counterclaim of Zeplin's Security Group, Inc., as res judicata, IS GRANTED. The counterclaim set forth in paragraph 27, IS DISMISSED. iLO la-. c N JOSEPH M. OLSHEFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. 2007-1334 V. ZEPLIN'S SECURITY GROUP, INC. ET AL : CIVIL ACTION Defendant PRAECIPE To The Prothonotary Please mark the above captioned action as "settled, discontinued and forever ended." . Gill, Esq. Attorney for Plaintiff Quality Builders Warranty Corp. 325 N. Second Street Wormleysburg, PA 17043 (717) 737-2522 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Praecipe was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: James W. Creenan, Esquire WAYMAN, IRVIN & MCAULEY, LLC Suite 1624 Frick Building 437 Grant Street Pittsburg, PA 15219-6101 Date: (o?o?G?U :? ?c QYl T Peggy Morrison, Secretary Ti E PROTHONOTAPY 2 4 jUN 2 g AM IU: 4 9 lrr,}ulRV , PENNsyb,,,,, q,A