The URL can be used to link to this page

Home My WebLink About04-1060~arch 04, 2004 ~age 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EMC CORPORATION Plaintiff(s) VS. No. --- COMPLAINT ZEPLIN'S LOCK SERVICE INC. doing business as ZEPLIN'S SECURITY CENTER Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKECHNIE, ESQUIRE PA ID #36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0042520 cjh000903V001 3/4/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EMC CORPORATION Plaintiff VS. Civil Action No. ZEPLIN'S LOCK SERVICE INC. doing business as ZEPLIN'S SECURITY CENTER Defendant NOTICE AND COMPLAINT NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you, 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 Two Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 (1-800) 990-9108 March 05, 2004 Page 2 COMPLAINT 1. Plaintiff is a corporation having offices in Charlotte, North Carolina. 2. Defendant is a corporation having its offices and place of business at 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On various dates, Defendant requested certain goods, wares, memhandise and services from Plaintiff, as is more specifically shown by Defendant's Purchase Orders, true and correct copies of which are attached hereto, marked Exhibit "1", collectively, and made a part hereof. 4. In accordance with the aforementioned Purchase Orders, Plaintiff sold and delivered to Defendant various goods, wares, memhandise and services, as is mom specifically shown by Plaintiffs invoices, tree and correct copies of which are attached hereto marked Exhibit "2", collectively, and made a part hereof. Defendant received and accepted the aforementioned goods, wares, merchandise and services. 6. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 7. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 8. Plaintiff avers that the balance due amounts to $4,458.36, as is more specifically shown by Plaintiffs Statement, a tree and correct copy of which is attached hereto, marked Exhibit "3", and made a part hereof. 9. Plaintiff claims legal interest as damages on the liquidated debt from July 22, 2003. 10. Plaintiff avers that interest amounts to $167.19 to March 8, 2004. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, or any part thereof to Plaintiff. March 04, 2004 Page 3 WHEREFORE, Plaintiff demands Judgment against Defendant in the mount of $4,625.55, with continuing legal interest thereon at the rate of 0.5% per month and costs. Respectfully submitted, BERNSTEIN LAW FIRM, P.C. Ni~fiolas D. Krawec,~LVgquire Attorney for Plaintiff PA I.D. #38527 Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8103 T&M Seevlee Rcqueat Conflrm~ion Form {rev I 1/5/02) All inlbnnation is rcquircd before any ser~ic~ activity will conu~ce** Ple~z~c fiji out t~e requested in?m',.adon ~d mail Or ~ m: To: EMC Cu.~omcr Support Attention: Accoun~ I, '~'~,~_s /~t ~__..k .,e~; ~,'~. .. ,~m~employ~ T~M billing f~ s~ic~ ~n~ f~ ~MC ~or it's s~i~ ~ amhoHz~ payment for ~l ~i~s ~d ~ mlat~ Io ~zs inc~nt at the c~ EMC T~M bill to Pureh~e Order Number or Credit Card Number: POa,.~.pS'O$-Ol CC Name: CC #. CC Expiration Dine: r IBIT J 7708143~15 MDS0320P CISG Se~ice Call Initiation Notification Message 05/21/03 15:1 i Helpdesk: REMOTE TIME & MATERIAL CISG Number,' 718 Customer: 619038 ZEPLIN SECURITY Cell Number: 1900270 Address: ;'026 MARKET ST DateJTime In: 5/21/03 ~ 15:11 BILLA~ILE CONTRACT ~nitiated By: 100656 Initiated In: CSC CAMP HILL PA 17011 DG Ofr~ce No: 1328 Contact: JIM COVINGTON_II27 (770)814-3600 Device: Caller: TOM CHAMBERS (717)761-3112 Problem: 1) AV4300 - THE DISK DRIVE HAS FAILED 2) CUST WILL FAX PO CONFORMATION HVV_HOLD/HVV_NOLD NO CONTRACT PO~TOM CHAMBERS OuestiDns: Remarks: "' End of Report Jan-13-04 13:47 EMC Duluth. GA 7708143315 P.04 MDS0320P ClSG Service Cati Closure Notification Message 05/23/03 18:27 Helpdesk: REMOTE TIME & MATERIAL CISG Number: 718 Customer: 619038 ZEPLIN SECURITY Call Number: I..900270 A~clress: 2028 MARKET ST DG Office No; 1328 BILLABLE CONTRACT Dispatcher: 070500 Closed in: CDS CAMPHILL PA 17011 CSCResponse: 0/ / ~) : Contact: JIM COVlNGTON_1127 (770)814-3800 Onsite DFTm: 01 / @ : Caller: TOM CHAMBERS (717)761-3112 Close Status: PF 5/23/03 ~ 18:27 Device; AV4300/INSTALL EngJneec 070500 QUALXSERV STR Number. Pro,lam: 1) AV4300 - THE DISK DRIVE HAS FAILED NO CONTRACT PO#TOM CHAMBERS 2,1 CUST VV1LL FAX PO CONFORMATION Questions: Remarks: STATUS --- APPLIED - STATUS -- APPLIED -- STATUS ~ APPLIED FP 05/21/03 15:11 EO 05/21/03 17;28 DF 05/21/03 17:31 FP 05/21/03 17:33 AU 05/21/0320:13 FP 0512110320:18 EA 05/2i/03 22:55 EA 05/21103 22:55 PF 05123103 18:27 Activity Model Serial Part# Sym Fix End of Report Jan- 13-04 13:47 MDS0320P EMC - Duluth. GA 7708]-43315 CISG Service Call Initiation Not~ication Message 02/25/03 05:03 Hell)desk: REMOTE TIME & MATERIAL CISG Number: 718 Customer: 619038 ZEPLIN SECURITY GROUP Call Number: L894308 Address: 2026 MARKET ST. Date/Time In: 2/25/03 @ 08:02 Initiated By: 062932 Initiated In: CSC CAMPHILL PA 17011 DG Office No: 1328 Contact: JIM COVINGTON_1127 (770)814-3600 Device: Caller; JANET WIRIGHT__X0 (717)761-3112 Problem; 1 } AV4300 2) HW_HOLD/HW_HOLD NOV RAM ERROR ALSO NV BAT LOW SY$ UP CPB/JANET Questions: Remarks: End of Report *** Jar~-13-04 13:47 EHC - Duluth, GA 770814-3315 P. 06 Td~M Service Request Conf'h-maflon Form All inf~r~atimt is require~ before ~ny scL'vice activity will commet~ Or fax to: To: F.~C Customer Supp~ Cen~r lbar rgprea~t F2dC, I am requesting T&M scwicgs from EMC ~ mfem~ce m my rcpor~l problem~ in servi~ in~idgar L.T ~ ¥,~' . ! e~ t~ autAo.H~e p~/n~nr f~r all ~rvir~s a~d para relat~l to this inci&~t a~ the ~'~t EMC TddV/rates. Hease bill m Purc~ Order Number or Credit Card NIm~bet: PO~ (~ ;~ ~ 5~. CC Name: CC~ CC Expiradon I~m: Billi~ Address: ~o~ mag~'~r f'T, O/rap gLdl3 ~ .17oll 13:47 EMC Duluth, GA 7708143315 P.O7 MDS0320P CISG Service Call Closure Notification Message 03/04/03 19:24 Nelpdesk: REMOTE TIME & MATERIAL CISG Number: ;'18 Customer: 619038 ZEPLIN SECURITY GROUP Call Number: L894308 Address: 2026 MARKET ST, DG Office No: 1328 Dispatcher: 070500 Closed in: CDS CAMPHILL PA 17011 CSC Response: 0/ / @ : Contact: JIM COVINGTON_II27 (770)814-3600 Onsite Dt/-I'm: 0/ / ~ : Caller: JANET WRI(~H-~ ._X0 (717)761-3112 Close Status: PF 3/04/03 ~--~ 19:24 Device: AV4300/INSTALL Engineer: 070500 QUALXSERV STR Number: Problem: 1) AV4300 NOV RAM ERROR ALSO NV BAT LOW SYS UP CPB/JANET 2) Ques~ons: Remarks: STATUS -- APPLIED -- STATUS -- APPLIED - FP 02/25/03 08:03 EO 02/25/03 09:23 OF FP 02/25/03 09;31 EA 02-/25/03 09:37 PF Activity IVlode/ Serial Part# Sym Fix STATUS -- APPLIED -- 92/25/03 09:30 03104103 19:24 End of Report EMC2 EMC Corporation February 24, 2004 176South Street Hopkinton Massachusetts 01748-9103 phone 5o8.435.2ooo www. EMC.com ZEPLIN'S SECURITY 2026 MARKET STREET CAMP HILL, PA 17011 Customer Number #172549 ABC File # 268582 Invoice Number Date Due Date Amount Due 3027451 3027609 29-APR-03 29-MAY-03 22-JUL-03 22-JUL-03 3,334.76 1,653.60 Receipt #8788 21-NOV-01 (530.00) Total Balance Due $4,458.36 VERIFICATION The undersigned does hereby verify under penalty of perjury, that he/she is ,/4'~t?~T of ~U-k,l~ C-t)~ P~)£~'¢/2 030 , Plaintiff herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of his/her knowledge, information and belief. (Sign in Blue Ink) SHERIFF'S CASE NO: 2004-01060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC CORPORATION VS ZEPLINS LOCK SERVICE INC DBA RETURN - REGULAR CPL. 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 LOCK SERVICE INC DBA ZEPLINS SECURITY CENTER DEFENDANT at 1358:00 HOURS, at 2026 MARKET STREET CAMP HILL, PA 17011 TAMMY WLAKER, OFFICE MANAGER, ADULT on the 19th day of March by handing to IN CHARGE a true and attested copy of COMPLAINT & NOTICE the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 10 Affidavit Surcharge 10 38 00 35 00 00 00 35 Sworn and Subscribed to before me this 2~ day of Prothonotary So Answers: R. Thomas Kline 03/22/2004 BERNSTEIN LAW FIRM By: ..... ' SHERIFF'S RETURN - CASE NO: 2004-01064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS RUSSELL ORVILLE C JR REGULAR KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE RUSSELL ORVILLE C JR DEFENDANT , at 0853:00 HOURS, at 1666 NEWVILLE ROAD CARLISLE, PA 17013 ORVILLE RUSSELL JR a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 24th day of March , 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~6 ~ day of ~ ~L~O~ A.D. /'Prothonotary '-- So Answers: R. Thomas Kline 03/25/2004 BERNSTEIN LAW FIRM By: IN TIlE coURT OF COMMON pLEAS OF cUMBERLAND CouNTY, pENNSYLVANIA EMC CORPORATION Plaintiff ZEPLIN'S LOCK SERVICE, INC. d/b/a ZEPLIN'S SECURITY cENTER Defendant NO. 04-1060 CIVIL NOTICE TO PLEA_~_D TO: EMC Corporation c/o Nicholas D. Krawec, Esquire BERNSTEIN LAW FIRM, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 Plaintiff is hereby notified to file a written response to the New Matter of Defendant · · (20) days from service hereof or a Manufacturers and Traders Trust Company within twenty judgment may be entered against Plaintiff· BUCHANAN INGERSOLL PC PA Att'y I.D. # 76693 Nicole L. Borda, Esquire PA A~rt'y I.D. #89214 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717), 237-4800 DATE: April 8, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMC CORPORATION : Plaintiff : .. V. : _. ZEPLIN'S LOCK SERVICE, INC. : d/b/a ZEPLIN'S SECURITY CENTER : Defendant : NO. 04-11060 CIVIL ANSWER WITH NEW MATTER OF DEFENDANT ZEPLIN'S LOCK SERVICE~ INC. d/b/a ZEPLIN'S SECURITY CENTER Defendant Zeplin's Lock Service, Inc. dfo/a Zeplin's Security Center ("Zeplin") by and through its attorneys Buchanan Ingersoll PC, files this Answer with New Matter to the Complaint of EMC Corporation ("Plaintiff"), as follows: 1. Admitted. 2. Admitted. 3. The Purchase Orders attached to Plaintiff's Complaint are documents that speak for themselves, and any characterization of the nature or content thereof is denied. 4. The Purchase Orders attached to Plaintiff's Complaint are documents that speak for themselves, and any characterization of the nature or content thereof is denied. The Invoices attached to Plaintiff's Complaint am documents that speak for themselves, and any characterization of the nature or content thereof is denied. By way of further response, it is denied that Zeplin owes Plaintiff the amount reflected in its Invoices. 5. Admitted in part and denied it part. It is admitted that Plaintiff delivered to Zeplin certain goods and performed certain services in response to a request from Zeplin to service and repair Zeplin's Data General Aviion systems. However, Defendant's technician was not able to adequately make the requested repairs, which required an additional on-site service call. Defendant was again unable to rectify the problem during the follow-up service call. 6. Denied. By way of further response, the prices charged by Plaintiff were not the "fair, reasonable, and market prices that prevailed at the time of the transactions." In fact, Zeplin engaged Defendant's former technician, now employed with a different provider, to perform the same services at a significantly lower rate, than that charged by Plaintiff. 7. Denied. It is denied that Zeplin agreed to pay ~Ihe excessive amount charged by Plaintiff. Moreover, Plaintiff has refused to provide Zeplin's with a detailed work order that would explain how Plaintiff arrived at the excessive amount that Plaintiff claims it is owed. 8. Admitted in part and denied in part. Although it is admitted that Plaintiff avers it is owed $4,458.26 by Zeplin, the existence of that obligation is denied. The self-serving document generated by Plaintiff and referred in this paragraph does not prove the alleged debt exists. Indeed, despite repeated requests, Plaintiff has refused to provide Zeplin with a detailed work order that would explain the excessive amount that Plaintiff claims it is owed by Zeplin. The remaining averments of this paragraph are denied. 9. Denied. The averments in paragraph 9 are conclusions of law to which no response is required. Moreover, it is denied that Plaintiff's clainq is "liquidated debt." 10. Denied. The averments in paragraph 10 are conclusions of law to which no response is required. 11. Admitted in part and denied in part. It is admitted that Zeplin has refused to pay the amount demanded by Plaintiff because Zeplin does not owe Plaintiff the excessive amount demanded. The remaining averments of this paragraph are denied. 12. above. 13. granted. 14. 15. 16. 17. 18. WHEREFORE, Defendant Zeplin's Lock Service, Inc. d/b/a Zeplin's Security Center demands judgment in its favor and against EMC Corporation together with costs and such other relief as the Court may deem just and appropriate. NEW MATTER Zeplin hereby incorporates by reference its answers to paragraphs I through 11, Plaintiff has failed to state a claim against Zeplin upon which relief can be Plaintiffs claims are barred by the doctrine of unclean hands. Plaintiffs claims are barred by the parol evidence, rule. Plaintiffs claims are barred by the Statute of Frauds. Plaintiff s claims are barred by the doctrines of waiver and/or estoppel. Plaintiff breached its duty of good faith and fair dealing by failing to reasonably set and publish rates charged to Zeplin where the Purchase Orders provided that Plaintiff would charge "current EMC T&M rates." WHEREFORE, Defendant Zeplin's Lock Service, In(:. d/b/a Zeplin's Security Center demands judgment in its favor and against EMC Corporation together with costs and such other relief as the Court may deem just and appropriate. BUCHANAN INGERSOLL PC DATE: April 8, 2004 P~. I~evin Brob~)4 PA Att'y I.D. #76693 Nicole L. Borda PA Att'y I.D. #89214 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4800 4 1, Fred W. Zeplin, Presid=nt of Zeplin Security Croup, have mad 'thc foregoing document and verify that tl~ facts set forth are ~rue and correct to the best of my knowledge, information and b~li~f. To the extent that thc foregoing document and/or its languag~ is that of counsel, I ha~e relied upon counsel in making this VcrilBcation. I understand that any f~lsc statements made herein arc subject to the penalties of 18 Pa. C.g. § 4904, relating to unsworn falsification to aathofities. CERTIFICATE OF SERVICE I, Nicole L. Borda, hereby certify that I am this day serving a copy of the foregoing document upon the person listed below by United States Mail, postage pre-paid, first class, which service satisfies the requirements of the Pennsylvania Ru][es of Civil Procedure: EMC Corporation c/o Nicholas D. Krawec, Esquire BERNSTEIN LAW FIRM, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 DATE: April 8, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMC CORPORATION : Plaintiff : ._ V. : : ZEPLIN'S LOCK SERVICE, INC. : d/b/a ZEPLIN'S SECURITY CENTER : Defendant : NO. 04-1060 CIVIL ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter our appearance as counsel for Defendants in the above referenced matter. BUCHANAN INGERSOLL PC B ~5.~cvin Br°b~J~//''/'~ .~ PA Att'y I.D. ~q'6693 Nicole L. Borda PA Att'y I.D. #89214 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4800 DATE: April 8, 2004 CERTIFICATE OF SERVICE I, Nicole L. Borda, hereby certify that I am this day serving a copy of the foregoing document upon the person listed below by United States Mail, postage pre-paid, first class, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: EMC Corporation c/o Nicholas D. Krawec, Esquire BERNSTE1N LAW FIRM, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 DATE: April 8, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EMC CORPORATION Plaintiff(s) VS. No. 04-1060 CIVIL PLAINTIFF'S REPLY TO NEW MATTER ZEPLIN'S LOCK SERVICE 1NC. doing business as ZEPLIN'S SECURITY CENTER Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKEC~NIE, ESQUIRE PA ID #36268 DEBORAH R. ERBSTEIN, ESQUIRE PA ID #86470 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0042520 de000084V00 I 4/30/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EMC CORPORATION Plaintiff VS. ZEPL1N'S LOCK SERVICE INC. doing business as ZEPL1N'S SECURITY CENTER Defendant No. 04-1060 CIVIL PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes Plaintiff, EMC Corporation, and files the following Reply to New Matter, averring in support thereof the following: 12. Denied. No responsive pleading is necessary to Paragraph 12 of Defendant's New Matter as this averment is merely incorporating the prior paragraphs. To the extent that an answer is required, it is denied that Defendant's answers in the preceding paragraphs set forth any particular new matter. 13. Denied. The allegation contained in Paragraph 13 of Defendant's New Matter is specifically denied. To the contrary, Plaintiff avers that it has set forth a cause of action for which relief can be granted. 14. Denied. The allegation raised in Paragraph 14 of Defendant's New Matter is a conclusion of law and, as such, no response is required. Nevertheless, the same is denied and strict proof thereof is demanded at time of trial. 15. Denied. The allegation raised in Paragraph 15 of Defend~mt's New Matter is a conclusion of law and, as such, no response is required. Nevertheless, the same is denied and strict proof thereof is demanded at time of trial. de000084V001 4/30/2004 16. Denied. The allegation raised in Paragraph 16 of Defendant's New Matter is a conclusion of law and, as such, no response is required. Nevertheless, the same is denied and strict proof thereof is demanded at time of trial. 17. Denied. The allegation raised in Paragraph 17 is a conclusion of law and, as such, no response is required. Nevertheless, the same is denied and strict proof thereof is demanded at time of trial. 18. Denied. The allegation raised in Paragraph 18 is a conclusion of law and, as such, no response is required. Nevertheless, the same is denied and strict proof thereof is demanded at time of trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's Answer and New Matter with prejudice and enter Judgment in its favor and against Defendants, as prayed for in PlaintifFs Complaint. Respectfully submitted, Deborah R. Erbstein, Esquire Attorney for Plaintiff- Creditor The Gulf Tower, Suite 2200 Pittsburgh, PA 15219 (412) 456-8100 deOOOOg4VO0 I 4/30/2004 VERIFICATION undersigned does hereby verify subject to the pcnaltic.s of Pa. C.S. § 4904 relating to unswom falsification to authorities, that.l~she is the t~&'/Qit'/,th'~,,~ /~'t~,qz:i~-/~ for the Plainliffh~r¢in, that he./~he i$ duly authorized to make this Verification, and that the facts set forth in the forgoing Reply to New Matter are true and correct to the best of his/bet knowledge, information and belief. Print deOOOO,~vO01 CERTIFICATE OF SERVICE I, Deborah R. Erbstein, hereby certify that a tree and correct copy of the foregoing Plaintiff' s Reply to New Matter, was served by facsimile and regular U.S. Mail, postage paid, this 30th day of April, 2004, addressed as follows: Nicole L. Borda, Esquire P. Kevin Brobson Buchanan Ingersoll One South Market Square 213 Market Street, 3rd Floor Harrisburg, ~-A 17101-212h ~/~ d¢000084V001 4/30/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EMC CORPORATION Plaintiff(s) VS. ZEPLIN'S LOCK SERVICE INC. doing business as ZEPLIN'S SECURITY CENTER No. 04-1060 CINIL PRAECIPE TO SETTLE, DISCONTINUE AND END Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKECHNIE, ESQUIRE PA ID #36268 DEBORAH R. ERBSTEIN, ESQUIRE PA ID #86470 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0042520 de000295V001 8/5/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EMC CORPORATION Plaintiff VS. ZEPLIN'S LOCK SERVICE INC. doing business as ZEPLIN'S SECURITY CENTER No. 04-1060 CWIL Defendant PRAECIPE TO SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly settle, discontinue and end the above-captioned maller upon the records of the Court and mark the costs paid. Respectfully submitted, BERNSTEIN LAW FIRM, P.C. Deborah R. Erbstein Attorneys for Plaintiff 707 Grant Street Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN ]FILE NO. C0042520 Sworn to and subscrib_e~t before me/[his ~ j2004 Notary Pl~c .r/~,(~ ' Mary E. K~ney, N~W Publ~ Ci~ ~ P~burgh, ~l~heny ~u~ d~00295v001 My ~ E~r~ Mar 4, 2~ ~/5/2~ ~m~, Pems~ ~n ~ ~s CERTIFICATE OF SERVICE ! hereby certify that a true and correct copy of the Praecipe to Settle, Discontinue and End, was an, served by U.S. First Class Mail, postage prepaid, this I~0''~ day of ~ Lf~ ,2004, addressed as follows: Nicole L. Borda Buchanan Ingersoll One South Market Square 213 Market Street, 3ra Floor Harrisburg, PA 17101-2121 Deborah R. Erbstein de000295V001 8/5/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION EMC CORPORATION Plaimiff(s) VS. ZEPLIN'S LOCK SERVICE INC. doing business as ZEPLIN'S SECURITY CENTER No. 04-1060 CIVIL AMENDED PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE Defendant(s) FILED ON BF',HALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D,. KRAWEC, ESQUIRE PA ID #38527 JON MCKEC]?INIE, ESQUIRE PA ID #36268 DEBORAH R. ERBSTEIN, ESQUIRE PA ID #86470 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0042520 cjh001396V001 8/20/2004 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EMC CORPORATION Plaintiff VS. ZEPLIN'S LOCK SERVICE INC. doing business as ZEPL1N'S SECURITY CENTER No. 04-1060 CIVIL Defendant AMENDED PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly settle, discontinue and end, with prejudice, thc abow:-captioned matter upon thc records of the Court and mark the costs paid. Swom to and subscribed before me this .~ff~ tf~ day of z~ ,2004 l Notarial Seal May E. Keaney, Notary Public City Of Pittsburgh, Alleghe~ County cjh001396V001 My Commission Expires Mar. 4, 2006 8/20/2004 Member, Penn~yt~nla ~,a~la~n Of N~al~e Respectfully submitted,~/~ BE STEIN . A~W F~?dVl, P.C. ~ Deborah R. Erbstein ( Attorneys for Plaintiff ~ 707 Grant Street Suite 2200 Gulf' Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0042520