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HomeMy WebLinkAbout08-6730MICHAEL J. MALPEZZI, trading and doing business as MALPEZZI FUNERAL HOME, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION -LAW NO: 08- G 73" SRS COMPUTING SOLUTIONS, INC., JURY TRIAL DEMANDED Defendant NOTICE TO: SRS COMPUTING SOLUTIONS, INC., Defendant 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 Street Carlisle, PA 17013-3302 (717) 249-3166 Date: November 12, 2008 SNELBAKER & BRENNEMAN, P.C. By Attorne or Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN. P.C. MICHAEL J. MALPEZZI, trading and doing business as MALPEZZI FUNERAL HOME, Plaintiff vs. SRS COMPUTING SOLUTIONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 08- ?, `7310 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff MICHAEL J. MALPEZZI, trading and doing business as MALPEZZI FUNERAL HOME, by his attorneys, Snelbaker & Brenneman, P.C., and avers the following causes of action: COUNT I - BREACH OF CONTRACT 1. Plaintiff is MICHAEL J. MALPEZZI, an adult individual, residing in Cumberland County, Pennsylvania, trading and doing business as MALPEZZI FUNERAL HOME. 2. Defendant is SRS COMPUTING SOLUTIONS, INC., a Pennsylvania corporation, having its office at 2521 Secretariat Drive, Wexford, Pennsylvania 15090. 3. Plaintiff is the owner and licensed funeral director of Malpezzi Funeral Home, a sole proprietorship having its place of business at 8 Market Plaza Way, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania 17055. 4. Plaintiff is in the business of providing goods and funeral services for deceased LAW OFFICES SNELBAKER & BRENNEMAN,P.C. persons. 5. Defendant is the developer of customized funeral home computer software. 6. On or about October 2, 2006, Plaintiff and Defendant entered into a written agreement in which Defendant agreed to provide to Plaintiff a customized computer software program having the features set forth in said agreement as offered by Defendant and selected by Plaintiff, said software to include a security system to limit access to Plaintiff's records stored in the computer, a true copy of the agreement marked "Exhibit A" is attached hereto and incorporated herein by reference thereto. 7. Defendant understood that the software program would be used in Plaintiff's business and installed in Plaintiff s computer system at his place of business aforesaid. 8. Plaintiff was required to pay and in fact paid to Defendant the full price for said software in the amount of $4,980.85 prior to the delivery of the software. 9. Defendant delivered the software program to Plaintiff on or about November 24, 2006. Plaintiff promptly installed the software into his computer system. 10. From the inception of the installation, the software failed to perform the various functions which Defendant offered and agreed to provide. 11. Plaintiff brought all malfunctions to Defendant's attention by telephone and e- mail in an attempt to implement all aspects of the program which Defendant agreed to provide. 12. While Defendant responded to Plaintiffs notices of malfunctions, its suggested solutions had the rolling effect of causing other additional malfunctions to the extent that the software failed to perform as agreed and routinely crashed during operation. 13. When Defendant failed to remedy the problem with its software programs, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Plaintiff demanded a refund of the amount paid ($4,980.85) which Defendant failed and refused to pay. 2 14. In addition to Plaintiff's personal time lost in attempting to implement the software, he engaged knowledgeable employees to attempt the implementation for which he paid $2,400.00 in wages. 15. In addition to the failure of the software to perform the functions provided in the parties' contract, the software failed to provide security against unauthorized users accessing all of Plaintiff's computer records. 16. By failing to provide a useable and secure software program as promised, Defendant breached the parties' contract. 17. Because of said breach, Plaintiff is entitled to a refund of the purchase price and the cost of implementation as aforesaid. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant and in favor of Plaintiff in the amount of $7,380.85 plus interest at the lawful rate from October 2, 2006, and the costs of this action. This action is within the limits of the mandatory arbitration rule of this Court. COUNT II - BREACH OF WARRANTY (13 Pa. C.S.& 2315) 18. The averments contained in paragraphs 1 through 17 above are incorporated herein by reference thereto. 19. At the time of the parties' contracting, Defendant had reason to know that LAW OFFICES SNELBAKER & BRENNEMAN. P.C. Plaintiff required the particular purposes set forth in the parties' contract for which Defendant represented would be available via its software program. 3 20. At all times relevant hereto, Defendant had reason to know that Plaintiff was relying on the skill of the Defendant to furnish suitable software to perform the purposes for which it was intended to perform. 21. Based upon the facts averred in paragraphs 19 and 20 above, Defendant impliedly warranted that the software program would be fit for such purposes. 22. Plaintiff relied upon the implied warranty. 23. Based upon the facts contained in Count I aforesaid, Defendant breached said implied warranty by failing to provide a working and secure customized software program useable in Plaintiff's business. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant and in favor of Plaintiff in the amount of $7,380.85 plus interest at the lawful rate from October 2, 2006, and the costs of this action. This action is within the limits of the mandatory arbitration rule of this Court ALTERNATIVE COUNT III - QUANTUM MERUIT In the event it is determined that no actionable contractual basis existed in fact or law as alleged in Counts I and II aforesaid, Plaintiff avers in the alternative as follows: 24. The averments contained in paragraphs 1 through 23 above are incorporated herein by reference thereto. 25. Defendant has been unjustly enriched by receiving payment for a product which LAW OFFICES SNELBAKER 8f BRENNEMAN, P.C. failed to provide a working and secure customized software program usable in Plaintiffs business. 4 26. Defendant has failed and refused to restore Plaintiff to his pre-contract status. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant and in favor of Plaintiff in the amount of $7,380.85 plus interest at the lawful rate from October 2, 2006, and the costs of this action. This action is within the limits of the mandatory arbitration rule of this Court. SNELBAKER & BRENNEMAN, P.C. By Richard C. Snelbaker, Esquire Attorney I.D. # 06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Date: November ? 2 , 2008 LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. 5 Nov 03 08 04:38p Michael J Nalpezzi ?onz u?iM o utiorzs 17176972414 p.3 wW w.swsso RTpHt I nQ?.Otrtt len?.com 2521 Secretarlet Dr. Ph_ 1.800.797.4861 Wexford, FA LSC?e0 Fx. 724.940.3255 Sales A gmernent This Sales Apeement is mF de bentivicen SRS Computing Solutions, Inc. and Malpezzi F-a"gal Home 8 Market Plaza Way Mechanicsburg, PA 17055 Upnn aeecptmce of this AgrtemcnL SRS Cltrrtp"CWW. SoNakms agues to yell to C13917Di! OL xtd CU=OIIUt assets to purdmw Frwn AS Campuortg Solmons equihn+car and mvico in aeewdmae with she followrift rant and ctmw boom 1. EQUM%W44T end SEMCES- SRS Compwing Sokaww Aa provide the CUSitOhM with C emixed Funeral I Imne Softewc 2tdlor sekaed cwnpww h wdw = mimed m dw witi0bon a the futta d homy wftwnate. S1i.S Conourmg & Aum wtc dwv akio pwormk traitwir g serT nee m cmm-d 3 lours dwimg dtc Garr dat ewAmimt to any eon*wnlr staff INSTALIAYION CO> ON DATE - The InmaRadoe Coo?pktian Darw wA be appsoairrrtd? ? d? From do d* SRS C.n.r"dstg saknia •• wagers d+ w qwr emmt or ss aUtawwt ttgrbtd aed etotal on Sdteduk i. Cwnpkoon shag msat the dart on which d?e xWts wa is hatalted and funerioeie& M kwellstion wiill9aur drying nownol wodc6S hours and useung w7 in wadwdy rolov_ 3. INSTALLATION - SRS C;uftq r:l qZ Sokaow shill inmil the soft vim 2t a NbArt Fl=at may bulg, PA XZ%5 _ s 4. PAVMM Tr lbr pnrd0W rocs (rrr d.c a r.4treat sodSowi acs S R ? S T 5- ?- deposrt terry:rsu q G Vj10NCAwal lte etnnuodalroohlarve o w ap cpA The ?. 5 FAT noseof.-h I-Rae tt7 Aottr.rd.a.rdoleUPONs .'rSr.EWK S SOtTMM UPMTPSmW SERVKZ Ate- ;w ", tw apdara ac p.owWod w *c onstoner a no addirarlal cwi should a fpotwe >r timprA+ed 5oftrw wtpdsttx de aW include arr lam. . serwie=a doe arse bihd aepoer:dd r. SRS Cooposi tg 5olrriow ages wpwaridc m -'sv wqv wt rwvm ftqweuwe and sttppoatof Cteoo m Finasowl kbe 5afar»e for a Fee of S 60M per xWnen far d w main loodmmd 511SM per adtTriend k x2um Adtloo.l s ice dsetL,ta wil be isnumd sbwAddw CUSIQMFJt supw spwc'& wmortrsed tias?rx r, rhr prtogratu Pant wzwd se,teice motet be prid m tali inaedlr fordte td rr?+wp os4dr ae funm Pieos.aalkereinlrrcnpostadfurdwfiatyews(Wft;OC Sortiiaeeherylesowesabioesoodrss¢ . shAawbebdklnratysp=W r4omcqumn l'km°Ip arfarlawdantagc, 6 UNMrrATlOf4QFLL4EE.rlry.SR5CmapulftSmadmi ? ?¦+w'?? °ri°'f'°?7 awiirr,Craad+c twe 9f dswmofewsc sold baweorler« somi? 6t_ fJr C11S1.OI,dQ'5 iwrlwlitS w rae dte so[trye. ba ne c.cnc shill QLi Gaopmtirtg 5oi1a4ea he StOk far ferns or r6e of dry stt?ra 7. aoCYR GHT -I%e Grano Frmsl 11muc Soft~ a q *K be oep:uJ Orr os9 er wi&mm wkrw+thm rte orre Gatal it :wwa+ t1ua4L 11te putcha:r a?txtr:ttt ix a we lsvoe. Addit:ntut six lictrtata: mar be pvrdtasewl •s wpet;:fod on 2_ E• rr•rr:. Ct?"tIDMl:3t ,?C-IG?iQ'1VLF.DCiE$ t}L'1'f IT }laSGiItC+f'ZJ1S.Y RE.iD t1N1? 1tF.??CD 17'l1S Is1? Illtf: AC.REEu!?'1; 1VCI.UDINCitiC.F1L-'UUI.;1.'PHECUSTAMM.%C17JQ%LLML:ESRECElFr'rHATInnSAGRP`sr-mm- TANDY7{ESCHIiDULG I ALADE A P11SW H1WC*. IAuF THE FINAL LWKIWION EW -FrIE At;KEk24 aatl•Orrjiu PAiC1u 1m'11-ir comr1= AND FY.CLIU'gCrF- SrA1V kdEbrr Or 71•tE 1F1t1?1;C AGMEW UPON. WM AW. PIM AGREF?tET1'!S AND UNDERSTANDINGS CONTAIMISD. NO MODiPICAllON OF17.ll5 AGRkW.Nm 'r M.AY 8E AL-%Oi',EXCEI-rBY A LIKG SIGNED AC:Rl N 1'. AND UN 111 ACfXsFTF.D ANN SIGNM BY AN OPFICHR OF SRS CO&PUTING SMLI TIONS, TFIIS AGRE JAWT.WMIAWe:1D0 M0RSaR%(0DInCA770t ST6NJUIXO,SHALLNUr9VZd Wr-Cnq:C11v[;ANUSHAIa NOT COIYSITIVY 1. A MINDING ComnuCI'. IN W11NIESS tw1=01. dye Parties hereto have ca vd sfi?i Agrweaonl tP IN PMP46* VPX0ed intending tlrwt 4 J=U be IgAkv binding upon thou sad their wFpwtiYc heirs, estrrr:, strccessoo 2nd as6hns. c,USTO mL- wa tle? C (Pact or TWt MV-) 0, Z.,)-,6 S IM 7ttitlgSd ipws, rate 1 w -vi-pr Poe-) Dates 0ctnbec7-W - -- Payment Method: 0 C:mdit Card Information • I authorize SRS Computing 5olvti0ns ro charge rite following VISA 2ccuunt: C.ardhaldct's Name GrdMlrler a StRrstwtc? C=jh*Wes Address: Aecuunt Number.' Expiation Date _j, EXHIBIT A 4S tions E r Custom Funeral Home Software Custom Funeral Home Base Pacluee ,$1,49S.00 Image Package $ 300.00 Accounting Package - $ 400.00 Prayer Card + $ 23S.00 IMMe Pray Cd Memorial Folder + $ 235.00 Image Mem Fold &4W= Book S 19S.00 Death Certificate Included Additional Bill (Contract) $ 220.00 AeMunting Reaort _ Current Funerals / Answering S ere S 60.00 _-Cl= Record $ 70.00 Ledger for Permanent Record Checklist Included Burial Permit Cremation Authoriution Laminated Obituary $ 85.00 Insurance Assignment Form Deceased List Included Certificate Order Form ; S0.00 Advanced Search $ 185.00 Obituary Generator $ 195.00 Church Database IIICluded Letter Generator $ 185.00 Place of Death & HUsicah Data base Included Memorial Service Bulletin Achnowledgeement Card $ 200.00 Competitor Tracker Allditkxnal F?+nPnl Home atures Remembrances www.srscompuUngsolutions.com 2521 Secretariat Dr. Ph. 1.800.797.4861 Wexford, PA 15090 FX. 724.940.3255 MaIpezzi Funeral Home October 4, 2006 General Price List Check Book Procession Car List Included Insurance Manager Trust Manageer Preneed Showroom ARrrcam Mamger Madm9m MIMM gmska MMM Embalming Authorization FTC Fjp= to QB S 225.00 Ljp pM ink f 95.00 TDAW Xfer 225.00 Sub Total- Software 4,655.00 Tax - Software $ 325.85 Computer - Cash Advance $ 0.00 Shipping $ 0.00 Cash Advance - Other Tax $ 0.00 Total ; 0.00 0.00 Shipping ; 0.00 Tax ; 0.00 Total ; 0.00 Total 4,980.85 PIF Payment it Emily requested within IS days of receipt of this notice. Interest charges amounting to I.S%per month or 18% per annum will accrue on any unpaid balance after 30 days. Total Due $ RYNTRTT A 4,981185 0.00 , VERIFICATION I, MICHAEL J. MALPEZZI, do hereby verify that I am the Plaintiff in the foregoing and that the facts set forth in said Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to falsification to authorities. Michael rMilpezzi November 12 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. cra F rn5 1 FAFILEST ients\13270 SRS ComputingA 3270. Lpra Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant MICHAEL J. MALPEZZI, trading and doing business as MALPEZZI FUNERAL HOME, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. SRS COMPUTING SOLUTIONS, INC., Defendant : NO. 08 - 6730 : JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER as attorneys for Defendant SRS Computing Solutions, Inc. MARTSON LAW OFFICES By: S C stopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1zjk9j0k F -1 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES By: VIL ) /1' got& M Price Ten Iasi High Street Carlisle, PA 17013 (717) 243-3341 Dated: /02/Z9 4 FAFILES\Clients\13270 SRS Computing\t3270.1.w Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant MICHAEL J. MALPEZZI, trading and doing business as MALPEZZI FUNERAL HOME, Plaintiff V. SRS COMPUTING SOLUTIONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 08 - 6730 JURY TRIAL DEMANDED ANSWER TO: MICHAEL J. MALPEZZI, trading and doing business as MALPEZZI FUNERAL HOME, and RICHARD C. SNELBAKER, his attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTER CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. COUNT I - BREACH OF CONTRACT 1. Admitted. 2. Admitted. 3. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied and strict proof is demanded at trial. 4. Admitted. 5. Admitted. 6. Denied as the document speaks for itself. 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that Defendant delivered the software program to Plaintiff. It is denied as to the remaining allegations as Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 10. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 11. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. By way of further response, denied under Pa. R.C.P. 1029(e). 12. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. By way of further response, denied under Pa. R.C.P. 1029(e). It is admitted that Defendant responded to Plaintiff's questions regarding the software program. 13. Denied pursuant to Pa. R.C.P. 1029(e). 14 Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 15. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. By way of further response, Plaintiff's software is protected by a user login name and password. Defendant is not securing Plaintiff's computer records. 16. Denied as a conclusion of law. 17. Denied as a conclusion of law. By way of further response it is denied that Defendant breached any contract with Plaintiff. WHEREFORE, Defendant requests this Court dismiss this matter with prejudice and award Defendant costs of suit and attorney fees. COUNT II - BREACH OF WARRANTY (13 Pa. C.S. §2315) 1$. The answers to Paragraphs 1-17 above are incorporated herein by reference. 19. Denied pursuant to Pa. R.C.P. 1029(e). 20. Denied pursuant to Pa. R.C.P. 1029(e). 21. Denied as a conclusion of law. By way of further response, denied pursuant to Pa. R.C.P. Rule 1029(e). 22. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 23. Denied as a conclusion of law. WHEREFORE, Defendant requests this Court dismiss this matter with prejudice and award Defendant costs of suit and attorney fees. ALTERNATIVE COUNT III - QUANTUM MERUIT 24. The answers to Paragraphs 1-23 above are incorporated herein by reference. 25. Denied as a conclusion of law. 26. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant requests this Court dismiss this matter with prejudice and award Defendant costs of suit and attorney fees incurred. NEW MATTER 27. The averments of Paragraphs 1-26 above are incorporated herein by reference. 28. Per the sales agreement between the parties as attached as Exhibit "A" to Plaintiff's Complaint, Defendant's liability is limited to the actual cost of the software and no such special or consequential damages, or damage or expense directly or indirectly arising from the use of the software, or from Plaintiff's inability to use the software shall be charged against the Defendant. 29. Defendant has satisfied its obligations under the contract. 30. The software provided to Plaintiff was not defective. WHEREFORE, Defendant requests this Court dismiss this matter with prejudice and award Defendant costs of suit and attorney fees. By: Date: /- S - 0 MARTSON LAW OFFICES C,J!? 4,0 5- /Z- Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. SRS Computing Solutions, Inc. By-.-- CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilro & F hereby certify that a copy of the fore oin y aller, g g Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES By: -,'? /?' M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: / J /09 ?a ? , .,? ?- ---P ?. _. ' - C" ; : , r 61 SHERIFF'S RETURN - OUT OF COUNTY '1% CASE NO: 2008-06730 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MALPEZZI MICHAEL J ET AL VS SRS COMPUTING SOLUTIONS INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SRS COMPUTING SOLUTIONS INC but was unable to locate Them , to wit: in his bailiwick. He therefore deputized the sheriff of ALLEGHENY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 23rd , 2008 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 75.00 Postage 1.90 1Z So answ W-, e R."Thomas Kline Sheriff of Cumberland County 1 1 5 . .J V 12/23/2008 SNELBAKER & BRENNEMAN Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland Coun Micha,? J. Malpezzi t/d/b/a Malpezzi Funeral Home \ VS. tti ov S Computing Solutions Inc. - t Now, November 14, 2008 hereby deputize the Sheriff of ania I, SHERIFF OF CUMBERLAND COUNTY, PA, do Allegheny deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Rheriff cf Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20-0, , at o'clock M. served the within upon L at G? c n 1vDn ? •? -c? --`??°rC? c by handing to a and made mm.? n to Sworn and subscribed before me this day of , 20. copy of the original So answers, 30 civil the contents thereof ti fa har Sheriff of County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT MICHAEL J. MALPEZZI, trading and doing business as MALPEZZI FUNERAL HOME, Plaintiff vs. SRS COMPUTING SOLUTIONS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 08- 6730 CIVIL ACTION -LAW : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes Plaintiff Michael J. Malpezzi by his attorneys, Snelbaker & Brenneman, P.C., and responds to Defendant's New Matter as follows: 27. The averments contained in Paragraphs 1 through 26 of Defendant's Answer are denied. On the contrary, the averments contained in corresponding paragraphs in Plaintiff's Complaint are incorporated herein by reference thereto. 28. The content of paragraph 28 of New Matter is a series of conclusions of law to which no response is required and the same are deemed to be denied pursuant to Pa. R.C.P. 1029(d). Furthermore, the content of the parties' sales agreement as attached to the Complaint as "Exhibit A" speaks for itself. 29. The content of paragraph 29 of New Matter is a conclusion of law to which no LAW OFFICES SNELBAKER & BRENNEMAN, P.C. response is required and the same is deemed to be denied pursuant to Pa. R.C.P. 1029(d). If the content of paragraph 29 is determined to be an averment of fact, it is denied. On the contrary, for all the reasons set forth in Plaintiff's Complaint and the averments set forth in paragraph 30 hereinbelow (all of which are incorporated herein by reference thereto), Defendant failed to satisfy the parties' agreement in that it provided defective and incomplete software and failed to remedy the defects and to provide to all features of the software as represented to Plaintiff. 30. It is denied that the software was not defective. On the contrary, the software was defective in many respects including, but not limited to, the following deficiencies: the ledger or funeral control number is subject to modification without the promised confirm or warning message; the software does not generate nor print all required information on Social Security Administration forms; modification of merchandise entry does not modify the price for the replacement or deleted merchandise; software intermixes decedents' names and other information on prayer cards and memorial folders; software fails to print memorial folders and the program crashes; tabulation of itemized prices on contracts and bills vary in accuracy of addition; software produces different totals on duplicate printings of contracts and bills; customized bill as promised was unilaterally deleted by Defendant; Defendant's updating of software caused other anomalies resulting in deletion of workable programs; "At-need Sales Summaries", "At-Need Cost Summaries, "Casket Sales Summaries" and "Current Funeral (Fax to Answering Service)" report failed to print information; software generates and stores blank funeral case records; failed to provide editing on state abbreviations; check register insecure against modifications after check issuance; software crashes upon attempts to enter payees or vendors; when requesting "last month" financial reports, software produces 13-month reports; software fails to produce "Decedent List" (report) and "Accounting Activity Reports" and system crashes on such failures; software fails to segregate check writing and check register functions; system fails to provide ability to download database to laptop computer; Defendant failed to provide current software operating instructions; accounting portion of software failed to provide chart of account numbers; Defendant failed to convert Plaintiff s LAW OFFICES SNELBAKER 8C -G- BRENNEMAN, P.G. existing database to new database; Defendant failed to provide all customized documents as promised at time of sale including, but not limited to, Death Certificate Order; and Defendant otherwise failed to provide all functions as represented at time of sale. WHEREFORE, Plaintiff requests the Court to dismiss Defendant's New Matter and enter judgment against Defendant and in favor of Plaintiff in accordance with the provisions of Plaintiff s Complaint. SNELBAKER & BRENNEMAN, P.C. By 44q?? chard C. Snelbaker 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Date: January 41S , 2009 LAW OFFICES -3- SNELBAKER & BRENNEMAN. P.C. VERIFICATION I, MICHAEL J. MALPEZZI, do hereby verify that I am the Plaintiff in the foregoing 'laintiff's Reply to New Matter and that the facts set forth in said Reply are true and correct. I that any false statements made herein are subject to the penalties of 18 PA C.S. relating to unsworn falsification to authorities. Iic a alpezzi January A3 , 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within Plaintiff's Reply to New Matter upon the following persons by sending the same by first-class mail, postage paid addressed as follows: MARTSON LAW OFFICES Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (Attorney for Defendant) Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff Dated: January AS, 2009 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. ., w c,._ •--3 - " ; r t r ??. ?:} r", '+-? ' _,:. F ? r? TU t7 V,- f- -7 Q I I FEB -9 PH 12= F 1 (^ t((''yyy LAI-N 'U"' -CG U, MICHAEL J. MALPEZZI, t/a/d/b as IN THE COURT OF COMMON PLEAS OF MALPEZZI FUNERAL HOME, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008-6730 CIVIL TERM SRS COMPUTING SOLUTIONS, INC., Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Keith O. Brenneman, Esquire, counsel for the Plaintiff in the above action respectfully represents 1. The above-captioned action is at issue. that: 2. The claim of the Plaintiff in the action is $7,380.85. The claim of the Defendant is: None. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Richard C. Snelbaker, Esquire, Christopher Rice, Esquire, Martson Law Offices. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT LAW OFFICES SNELBAKER & BRENNEMAN, P.C. AND NOW, prayed for. Respectfully Submitted, al Keith O. Brenneman, Esquire , 2011, in consideration of the foregoing Petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as By the Court, Kevin A. Hess, P.J. dy.0op'i. , , SL,9Dl T MICHAEL J. MALPEZZI, t/a/d/b as MALPEZZI FUNERAL HOME, Plaintiff V. SRS COMPUTING SOLUTIONS, INC., Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire of Snelbaker & Brenneman, P. C., in addition to the previous appearance of Richard C. Snelbaker, Esquire, as attorneys for Plaintiff Michael J. _ FILED-OFFICE -jjE 2311 FES -9 PM 12: 5'0 8 E R L A N'0 G 0 U s `s 'E?°,m5';L`1A1,?1f: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6730 CIVIL TERM Malpezzi, trading and doing business as Malpezzi Funeral Home, in the above action. SNELBAKER & BRENNEMAN, P. C. Date: February 9, 2011 By: jl--? Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michael J. Malpezzi, t/a/d/b as Malpezzi Funeral Home LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe For Entry of Appearance to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Christopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: Date: February 9, 2011 Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff Michael J. Malpezzi, t/a/d/b as Malpezzi Funeral Home LAW OFFICES SNELBAKER & BRENNEMAN, P.C. V F11_ED-OE1~'1CE, r ?- 2011 FEB -9 PM 12= 51 P E N N S Y VA 4b11 1!-% MICHAEL J. MALPEZZI, tla/d/b as IN THE COURT OF COMMON PLEAS OF MALPEZZI FUNERAL HOME, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008-6730 CIVIL TERM SRS COMPUTING SOLUTIONS, INC., Defendant PETITION FOR APPOINTMENT OF ARBITRATOR S ' a TO THE HONORABLE, THE JUDGES OF SAID COURT: r.'165 _.,a rn M z- r Cc _ r*? ci Keith O. Brenneman, Esquire, counsel for the Plaintiff in the above action(Weetfal ly?. 1rese its that: 1. The above-captioned action is at issue. .: 2. The claim of the Plaintiff in the action is $7,380.85. - :W The claim of the Defendant is: None. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Richard C. Snelbaker, Esquire, Christopher Rice, Esquire, Martson Law Offices. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Keith O. Brenneman, Esquire LAW OFFICES SNELBAKER & BRENNEMAN, P.C AND prayed Respectfully Submitted, I/V/ ORDER OF COURT , 2011, in consi er ion of the foregoing Petition, Esq., and Esq., and Esq., are appointed arbitrators in the abov captioned action as By the Court, lkel k ©. j3r«mekA4 S?, . C4r• , &I 6f eop t c.S wA. `I e,4 *q/11 a y cX> pd. a4. ? a 7?9 ' ? 5N9D1