HomeMy WebLinkAbout09-6145CnMM2IWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
9TH Judicial District, County Of CUMBERLAND
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. Dq - & (45 C?ty
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 Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
ZEPLIN'S SECURITY GROUP 09-3-04 THOMAS A. PLACEY
2026 MARKET STREET, P.O. BOX 133
08/18/09
CAMP HILL
DO MOE, INC.
CV-252-0
This block will be signed ONLY when this notation is required under fa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
PA
17011
VS ZEPLIN'S SECURITY GROUP
was Clalmant (see l?a.
1001(6) in action
before a Magisterial District Judge, A COMPLAINT MUST BE FILED
within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
NOTICE OF APPEAL
FROM
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.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon DO MOE, INC.
appellee(s), to file a complaint in this appeal
Name of appellee(s)
l.lyt ) within twenty (20) days afters ice le r r entry of judgment of non pros.
(Common Pleas No. W46
oq-
Signature of appellant or attorney or agent
RULE: To DQ MOE, INC. appellee(s)
Name of appellee(s)
(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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 9 10 2009
i Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
1'"-
Fll.ED-?:FFI ?
OF THE ?nTi-" , fOTARY
2009 SEP 10 PH 1: 3 0
PEINNSYL.VAlA
4119. a s PA A'rW
xW41.5
COMMONWEALTH OF PENNSYLVANIA
CnI INTY nF• CDIMERLAND
Mag. Dist. No.:
09-3-04
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rDQ NOE, INC.
128 GOLF LANE
GRANTVILLE, PA 17028-9102
MDJ Name: Hon.
THOMAS A. PLACEY
Address: 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: 1717 761-8230 17050
ATTORNEY DEF PRIVATE :
ELIZABETH D. SNOVER
301 KARKET ST PO BOX 109
LMKOYNE, PA 17043-0109
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name)
(Date of Judgment)
DQ NOR, INC.
8/18/09
® Judgment was entered against: (Name) ZEPLIN' S SECURITY GROUP
in the amount of $ 8,130.5
F Defendants are jointly and severally liable.
71 Damages will be assessed on Date & Time
? This case dismissed without prejudice.
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 $ 8.00040
Judgment Costs $130.50
Interest on Judgment $ .00
Attorney Fees $___ •
Total $ 8,130.50
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 JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT 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.
/,?& N Date
, Magisterial District Judge
I certify that this is a true an,1d-6rre t cc opy of the qeci)rd of the pr ngs containing the judgment.
Date Magisterial District Judge
My commission expires first Monday of January, 2010
L J
VS.
DEFENDANT: NAME and ADDRESS
rZEPLIN19 SECURITY GROUP
2026 MARKET STREET
PO BOX 144
LCAMP HILL, PA 17011 J
Docket No.: CV-0000252-09
Date Filed: 4/24/09
SEAL
AOPC 315-07
? M
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
® a copy of the Notice of Appeal, Common Pleas No.09-6145, upon the Magisterial District Judge designated therein
on
(date of service) September 14, 2009, ? by personal service ® by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) DQ MOE, INC., on
September 14, 2009 ?by personal service ® by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
TSHIS 14TH DAY OF SEPTEMBER, 2009
Sig ature of o ral before whom afdavit was made
Sig re of affiant
COMMONWEALTH OF PENNSYLVANIA
Nobrid Saal
Dana L Wh ausan, Notary Public
Lemoyne doto, CumbwlwW County
My CommWon Ei"a Jan. 15, 2013
Member, Pennsylvania Association of Notaries
Title of official
My commission expires on 20 _
AOPC 312A - 05
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IT r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
DQ MOE, INC.
Appellee
NO. 09-6145
V.
ZEPLIN'S SECURITY GROUP, INC.
Appellant
NOTIC P
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
AVISO
Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en
las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta
queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en
escribir con la corte sus ddefensas u objeciones a las demandas dispuestas contra usted el
abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y
un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier
dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por el
demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a
usted.
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI
USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO LA
OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA
INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE
PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE
USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS
DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO O NINGUN HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
DQ MOE, INC.,
Appellee
V.
ZEPLIN'S SECURITY GROUP, INC.
Appellant,
NO. 09-6145
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
Background
AND NOW, comes the Appellee, DQ Moe, Inc., by and through its attorneys, Stock and
Leader, and avers as follows:
1. Appellee, DQ Moe, Inc. ("Dairy Queen"), is a Pennsylvania corporation with an
address of 184 Golf Lane, Grantville, Pennsylvania, which owns and operates several local Dairy
Queen stores.
2. Appellant, Zeplin's Security Group, Inc ("Zeplin"), installs, sells and monitors
security systems and has its principal office located at 2026 Market Street, Camp Hill,
Pennsylvania.
3. DQ Moe, Inc. owns and operates a Dairy Queen store at 607 East Simpson Street,
Mechanicsburg ("Mechanicsburg" store), Pennsylvania.
4. DQ Moe, Inc. owns and operates a Dairy Queen store at 3615 Market Street,
Camp Hill ("Camp Hill" store), Pennsylvania.
Breach of Contract Claim for Mechanicsburg Store
5. DQ Moe, Inc.'s President, Cheryl Zeigler, met with Fred Zeplin in April 2007 to
discuss upgrading the security system at the Mechanicsburg Dairy Queen store.
6. Ms. Zeigler explained the features she wanted in a new security system and relied
upon Fred Zeplin's experience and expertise to supply the correct system.
7. Fred Zeplin quoted Ms. Zeigler a price of $6,500 for the security system she was
interested in.
8. Dairy Queen agreed to pay $6,500 to Zeplin's Security Group for the new security
system including the performance Dairy Queen had requested.
9. In April 2007, Dairy Queen paid $3,250 to Zeplin as a deposit for the new
security system for the Mechanicsburg store.
10. Zeplin provided inferior equipment, installed the equipment in a negligent and
unworkmanlike manner and refused to correct the problems that arose.
11. Dairy Queen financed the security systems for both the Mechanicsburg and Camp
Hill stores through a lease arrangement with Mid-Penn Bank.
12. Mid-Penn Bank paid Zeplin $12,600 in early May 2007 for both the
Mechanicsburg and Camp Hill store projects, prior to either project was completed, without
Dairy Queen's knowledge.
13. After discussions regarding the desired capabilities of the security system for the
Mechanicsburg Dairy Queen store, Zeplin had Dairy Queen sign an undated boilerplate "Alarm
System Agreement," a copy of which is attached hereto as Exhibit A. Dairy Queen trusted
2
Zeplin's Security Group to install a proper, functional security system based upon past
experience.
14. Zeplin should have deducted the $3,250 deposit from the project invoice it sent to
Mid-Penn Bank.
15. After receiving the $12,600 payment from Mid-Penn Bank in early May 2007,
Zeplin knew it had been overpaid for the Mechanicsburg Dairy Queen store project by at least
$3,250.
16. Despite demand, Zeplin has failed and refused to return the deposit money
overpayment of at least $3,250 to Dairy Queen.
17. When Dairy Queen expressed its discontent with the system, Zeplin failed and
refused to correct the problems to Dairy Queen's satisfaction.
WHEREFORE, Appellee, DQ Moe, Inc., respectfully requests this Honorable Court to
enter judgment in its favor and against Zeplin's Security Group, Inc. for damages incurred and
for other such relief as may be just and reasonable.
Breach of Contract Claim for Camp Hill Store
18. Appellee incorporates Paragraphs 1 through 17 above by reference.
19. In April 2007, Dairy Queen and Zeplin discussed the possibility of a new security
system at the Dairy Queen store in Camp Hill. No agreement was reached as to the exact
specifications or costs of that system.
3
20. Dairy Queen and Zeplin never agreed to the specific price or specifications for the
new security system at the Camp Hill Dairy Queen store.
21. There is no written contract mentioning a new security system for the Camp Hill
Dairy Queen store.
22. Zeplin's Security Group was paid at least $6,100, purportedly for work on the
new security system at the Camp Hill store.
23. Zeplin did some initial work at the Camp Hill Dairy Queen store but did not
complete the security system.
24. The work that Zeplin did on the new security system at the Camp Hill Dairy
Queen store was not performed in a good and workmanlike manner and did not include the
correct equipment.
25. The Camp Hill Dairy Queen store was destroyed by fire in October 2007.
WHEREFORE, Appellee, DQ Moe, Inc., respectfully requests this Honorable Court to
enter judgment in its favor and against Zeplin's Security Group, Inc. for damages incurred and
for other such relief as may be just and reasonable.
Uniust Enrichment - Quantum Meruit
26. Appellee incorporates Paragraphs 1 through 25 above by reference.
27. Zeplin's Security Group has been unjustly enriched by failing to return the $3,250
deposit payment.
4
28. Zeplin's Security Group has been unjustly enriched by failing to provide the
contemplated new security systems for the Mechanicsburg and Camp Hill Dairy Queen stores in
a good and workmanlike manner with the proper equipment installed.
29. The damages claimed in this suit fall within the arbitration amounts under the
local rules of Court.
WHEREFORE, Appellee, DQ Moe, Inc., respectfully requests this Honorable Court to
enter judgment in its favor and against Zeplin's Security Group, Inc. for damages incurred and
for other such relief as may be just and reasonable.
Respectfully submitted,
STOCK AND LEADER
Date: October , 2009 By:
Philip H. pare, Esquire
Supreme Court ID No. 65200
Attorneys for Appellee
Susquehanna Commerce Center, Suite E600
221 West Philadelphia Street
York, PA 17401-2994
Telephone (717) 846-9800
Fax No. (717) 843-6134
5
Exhibit A
ARM SYSTEM AGREEMENT
This Agreement is dated betw
"
" een ZEPLIN SECURITY GROUP, INC. (the "Company") and you (the
Customer
). This Agreement covers the system listed on Schedule A or any system theCompany 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. Ple ase feel free to ask any questions.
INTENDING TO BE LEGALLY BOUND, WE BOTH AGREE AS FOLLOWS:
CUSTOMER'S NAME:' I"A A U tt- BILLING `
PREMISES: ADDRESS:
TELEPHONE: ( )
TYPE OF ACCOUNT: Consumer Use TYPE OF MONITORING: Telephone Cellular
Commercial or Business, Use Radio Other:
ESTIMATED INSTALLATION DATE:
CHARGES AND FEES:
Purchase Price (sale only) $ Lease Fee $ /month
Due at signing s lei Monitoring Fee $ /month
Due when the System is substantially / Other $ !month
installed S Repair Fee $ /month
Installation Charge (sale or lease) $ (beginning after the Limited Warranty ends);
Due at signing $ Total $ !month
Due when the System is substantially All fees are due in advance as follows:
installed $ monthly quarterly annually
Take Over Charge (due at signing) $ Option Price (for purchase of System
Lease (1st Payment) $ at end of the initial lease Term) $
TTHE FOLLOWING SPECIFIC TERMS IA-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 Once the Company receives a signal, the Company will try to
within 30 days after the installation. The Customer must pay for any notify, over the regular telephone lines, the agency(s) and/or person(s)
identified on the Customer's information sheet
However
the
additions or changes, to the System beyond those shown on
Schedule A. .
,
Company will not notify anyone if it reasonably believes that
? B
T notification is not required.
.
ake Over. The Company agrees to take over the operation of
the Customer's existing System and the Customer agrees to pay the The Customer agrees to give the Company a completed
i
f
charge for taking it over. The Customer represents that it owns the n
ormation sheet and to update it as necessary. The Company is
entitled to rely solely on the Customer's information sheet
The
System. After the take over, the Company will always own the
transmittin
d
i
hi
h
o
' .
Company is not responsible.for,trying to contact anyone else.
g
ev
ce, w
c
c
ntains the Company
s proprietary data. .,
If the Company cannot connect the System to the telephone
C. Sate. The Company agrees to sell the System and the lines, then the Customer must contact the telephone company
which
Customer agrees to pay for it. The Company will own the System until ,
will install and bill the-Customer directly for, any telephone lines or
the Customer does so. After that, the Customer will own the System equipment.
except for the transmitting device, which contains the Company's .
proprietary data and which the Company will always own. The Customer understands that no ,form of monitoring is error-
r___1 free. The Customer also understands' that the Companv` is not
GENERAL TERMS. r The Customers Agreements.. The Customer has the authority
1. LIMITATION OF _ TH?_COfil1PANY'S ,?IAF3.ILITY IF THE to sia., this A ; a:rneni and in doing so will riot violate any other agreement.
COMPANY IS FOUND LIABLE FOR ANY LESS OR DAMAGE DUE TO The 6ustomer is not aware of any hazardous conditions on the Premises.
ITS NEGLIGENCE ORTHE FAILURETO PERFORM ITS OBLIGATIONS The Customer agrees to prevent false alarms and assume responsibility
IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, for them. If the Company notifies the Customer of "a malfunction; the
REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ' Customer will disconnect the Systemuntil the Company can repair it.
ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE $750.00. THE The Customer will not tamper or interfere, with the System, nor permit
COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR others to do so. The Customer agrees that the Company can record and
AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER use all communications with anyone at the Premises in the normal course
ANDTHE COMPANY. IFTHE COMPANY DOES SO, A RIDER WILL BE of the. Company's business.
ATTACHED TO THIS AGREEMENT. The Customer will test the System at least once a month, as well as
THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY when changes are made to its telephone system or the Premises. The
OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR Customer will immediately notify the Company of any problems with the
AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY System. The Customer agrees that the Company can make program
BASED ON CONTRACT, TORT, NEGLIGENCE,' WARRANTY changes to the Company's proprietary data located in the transmitting
(INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR device:
PURPOSE) AND ANY OTHER THEORY OF LIABILITY. The Customer will pay the Company its then-current charges for doing
THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST any work not covered by this Agreement, including paying the Company's
PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF minimum service charge if the Company cannot enter the Premises at the
PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND scheduled time. The Customer's obligations continue even if the Customer
CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED sells or leaves the Premises.
BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES:
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL 6. TheCust9mer.s, Defeult. If the Customer fails to perform its
er f
rform its
(DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY obligations, the Company will give the Customer
written notice e
default.
o o
t
er
RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED 70 MAKE the Customer
erdo not fix the default within
days, the Company can
AN EXAMPLE OF SOMEONE). 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
2. Ill-16.u grace. The Customer understands that THE COMPANY IS due the Company for the remainder of this 'Agreement (as an agreed-
NOT AN INSURER The Custorner is responsible for obtaining all insurance capon amount of damages and not as a penalty); and (c) the Company's
the Customer' thinks is necessaiy, including coverage for personal injury reasonable collection costs, including attorney's fees.
and propertydainage. The payments the Customer makes under this "
Agreement
are not related
the value of the Premises or the Customer's If this Agreement is ended, the Company does not have to provide
s,
are
possessions, but rasher are based on the cost of the System and the any service, including monitoring, after that date. In addition, the Company
Company's services. can peacefully enter the Premises and remove its equipment. It the
Company waives any default by the Customer. that does not mean the
The Customer releases the Company from any liability for any event Comparty waives later defaults, Any waiver by the Company must be in
or condition covered by the Customer's insurance. writing.
The Customer understands timt the S stem is designed to reduce, The Customer grants the Company a security interest in any property
but not eliminate, certain risks. The Company does not guaranty that the the Cor-opany installs on the Premises in order to secure payment of the
System will prevent personal injury, unauthorized entrances or fire and purchase price or performance under the lease,The Customer must return
smoke damage to the Premises. This Company assumes no liability for such property if it does not fully pay for it. It the Customer does 'notreturn
those risks. such property, the Company will ask a court to force the Customer to do
3. Limited WarrantT. so. The Company has the rights of a secured party under the Uniform
(a) For 12 months from the date of this Agreement. the Company Ccmmercia) Coder
warrants that it any part of the Systern docs not woo k because of a defect 7. System Chpirges The Customer agrees to obtain all licenses
or because of ordinary wear and tear, the Company will repair or replace and pay all taxes, fines and other assessments, including' sales taxes,
that part at no charge- to the Customer- The Company may use The Company's feesare based upon existing taxes and charges, and the
reconditioned parts in making repairs, but the Company warrants the Company can increase the Company's fees to reflect changes in thesell?'' ,
teplaelYiensrdtortinreararitprenods - 145 , , roes
This limited warranty does not cover batteries in wireless devices, nor After the first year of this?Agreement. the Company can increase the
does it apply if the System has been damaged by acts beyond the Company's fees by an annual amount up to t 011Q orthe annual percentage
Companys control. Such acts include accidents, power surges, misuse, increase in the Consumer Price, index, whichever is higher, in.addition to
lack of proper maintenance, unauthorized changes or acts of God (such any increases due to taxes or charges.
as tires, earthquakes, tornados, etc..). If the Customer is more than 30 days late with payment, the Company
The Customer must notify the Company of any problem the Customer can charge the Customer interest lip to the highest rate allowed by law. In
rinimc the (.mmnn-a Q hmitnri Mme rranttir nnAIOM Misr, th. w.,raniu nnrinri addition, the Customer agrees to paythe Company's reasonable collection
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
DQ MOE, INC.,
Appellee
V.
ZEPLIN'S SECURITY GROUP, INC.,
Appellant
NO. 09-6145
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my information and belief. This Verification is made only as to the factual averments
contained therein, and not to legal conclusions and averments authored by counsel in his capacity
as attorney for the party or parties hereto. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
DQ MOE, INC.
Date: October 2009 By:
Cfieryl D. Zeigler, President
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
DQ MOE, INC.,
Appellee
V.
ZEPLIN'S SECURITY GROUP, INC.,
Appellant
NO. 09-6145
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Philip H. Spare, Esquire, counsel for the Appellee, hereby certify that I served a true
and correct copy of the within Appellant by first class mail, postage prepaid, on the following:
Zeplin's Security Group
Attention: Fred Zeplin
2026 Market Street
P.O. Box 144
Camp Hill, PA 17011
STOCK AND LEADER
Date: October , 2009 By: VQIU--?
Philip H. Spare, Esquire
Supreme Court ID No. 65200
Attorneys for Appellee
Susquehanna Commerce Center, Suite E600
221 West Philadelphia Street
York, PA 17401-2994
OE T14E rROTNONOTARY
2099 OCT -2 AM 8= 0 S
Will+'El - ?r
i LVriN N
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DQ MOE, INC., NO. 09-6145
Plaintiff
V. CIVIL ACTION - LAW
ZEPLIN'S SECURITY GROUP, INC.
Defendant,
JURY TRIAL DEMANDED
NOTICE OF DEFAULT
TO: Zeplin's Security Group, Inc.
ATTN: Fred Zeplin
2026 Market Street
P.O. Box 144
Camp Hill, PA 17011
DATE OF NOTICE: November 2, 2009
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 (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
Respectfully submitted,
STOCK AND LEADER
By: ?gwxn=:L
P ili H. Spare, Esquire
I.D. #: 65200
Attorney for Plaintiff(s)
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DQ MOE, INC.,
Plaintiff
V.
ZEPLIN'S SECURITY GROUP, INC.
Defendant,
NO. 09-6145
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
?n at
_ day of 2009, I, Philip H. Spare, Esquire,
AND NOW, this ,
of the law firm of Stock and Leader, attorneys for Plaintiffs hereby certify that I served the within
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT by depositing same in
the United States mail, first-class, postage prepaid, in York, Pennsylvania addressed to:
Zeplin's Security Group, Inc.
ATTN: Fred Zeplin
2026 Market Street
P.O. Box 144
Camp Hill, PA 17011
STOCK AND LEADER
By: owl (&,4
Phili H. Spare, Esquire
I.D. #: 65200
Attorney for Plaintiffs
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
FILED-. JN iCE
IARY
2GQ9 NOV -3 AM 11: _9
1. ullvi '
dA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DQ MOE, INC.,
Plaintiff
NO. 09-6145
V.
ZEPLIN'S SECURITY GROUP, INC.
Defendant,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant for failure to answer Plaintiff s Complaint.
(XX) Assess damages as follows:
Debt $ 15.850.00
TOTAL $ 15,850.00
(XX) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in
the complaint and is calculable as a sum certain from the complaint.
( ) Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a
copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney
of Record.
(XX) Pursuant to Pa. R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe
was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record,
if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy
of the notice is attached.
STOCK AND LEADER
Date:
By: LW ?.
Philip H. Spare, Esquire
Attorney for Plaintiff
I.D. #65200
Susquehanna Commerce Center East
221 West Philadelphia Street
York, PA 17401-2994
Telephone: (717) 846-9800
NOW, 0?? 20 L'y JUDGMENT IS NTERED AS ABOVE.
r thonotary /Clerk, Civil 61v
By:
Deputy
THE F'f,:; `-)N nTARY
2009 NOD -3 AM I1 * _9
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DQ MOE, INC., NO. 09-6145
Plaintiff
V. CIVIL ACTION - LAW
ZEPLIN'S SECURITY GROUP, INC.
Defendant,
JURY TRIAL DEMANDED
NOTICE OF DEFAULT
TO: Zeplin's Security Group, Inc.
ATTN: Fred Zeplin
2026 Market Street
P.O. Box 144
Camp Hill, PA 17011
DATE OF NOTICE: November 2, 2009
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 (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
Respectfully submitted,
STOCK AND LEADER
By:
P ili H. Spare, Esquire
I.D. #: 65200
Attorney for Plaintiff(s)
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DQ MOE, INC.,
Plaintiff
V.
ZEPLIN'S SECURITY GROUP, INC.
Defendant,
NO. 09-6145
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this day of A rGl?i?z r , 2009, I, Philip H. Spare, Esquire,
of the law firm of Stock and Leader, attorneys for Plaintiffs hereby certify that I served the within
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT by depositing same in
the United States mail, first-class, postage prepaid, in York, Pennsylvania addressed to:
Zeplin's Security Group, Inc.
ATTN: Fred Zeplin
2026 Market Street
P.O. Box 144
Camp Hill, PA 17011
STOCK AND LEADER
By:
Phili H. Spare, Esquire
I.D. #: 65200
Attorney for Plaintiffs
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
CF TIE
2609 ROY 18 pm 12-- 4 2
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DQ MOE, INC., NO. 09-6145
Plaintiff
V. CIVIL ACTION - LAW
ZEPLIN'S SECURITY GROUP, INC
Defendant,
JURY TRIAL DEMANDED
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you
in the amount of $15,850.00 on Z/-Z,?--dAQ9
(X) A copy of all documents filed with the ProthoWthono'tary E upportof the within j ent is enclosed.
Civil Divisio
By:
If you have any questions regarding this Notice, please contact the filing party:
Philip H. Spare, III, Esquire
STOCK AND LEADER
Susquehanna Commerce Center
East Building, 6th Floor
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
(This Notice is given in accordance with Pa.R.C.P. 236)
NOTICE SENT TO:
ZEPLIN'S SECURITY GROUP, INC.
ATTN: FRED ZEPLIN
2026 MARKET STREET
P.O. Box 144
CAMP HILL, PA 17011
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the withi n matter for the next
Argument Court.) CA ~- /~ L
--------------------------------------------------------------------------------------------------
CAPTION OF CASE ---------------- n
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(entire caption must be stafed in full) -~ ~~
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ZEPLIN'S SECURITY GROUP, INC. ~
No 09-6145 Civil T~
1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's Petition to Strike or Open
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Phillip Spare, Esq.
(Name and Address)
221 West Philadelphia Street, York PA 17401
(b) for defendants:
James W. Creenan, Esq.
(Name and Address)
4154 Old William Penn Highway, Suite 400, Murrysville, PA 15668
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: March 31, 2010 or Next Available Date
Date: 2/5/2010
Print your name
Defendant
Attorney for
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
DQ MOE, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
ZEPLIN' S SECURITY
GROUP, INC., :
Defendant NO. 09-6145 CIVIL TERM
ORDER OF COURT
AND NOW, this 17`" day of February, 2010, upon consideration of Defendant's
Petition to Strike or Open Default Judgment, it is ordered that:
1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to
the relief requested;
2. Plaintiff shall file an answer to the motion within 21 days of the date of this
order;
3. The petition shall be decided under Pa. R.C.P. 206.7;
4. Depositions shall be completed within 49 days of the date of this order;
5. Argument shall be held on Wednesday, May 5, 2010, at 3:00 p.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
6. Briefs shall be submitted at least seven days prior to argument.
BY THE COURT,
Philip H. Spare, Esq.
Susquehanna Commerce Center
Suite E600
221 West Philadelphia Street
York, PA 17401
Attorney for Plaintiff
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James W. Creenan, Esq.
4154 Old William Penn Highway
Suite 400
Murrysville, PA 15668
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF ~~~~'•'~-'-~~" ~~`~ '-' :'v_`+~~
CUMBERLAND COUNTY, PENNSYLVANIA r ~~' ""~''~"'-'v~' '~'~"
DQ MOE, INC.,
Plaintiff
v.
ZEPLIN'S SECURITY GROUP, INC.
Defendant,
N0.09-6145
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Defendant, Zeplin's Security Group, Inc.
James W. Creenan, Esquire
Wayman, Irvin & McAuley, LLC
The Frick Building, Suite 1624
437 Grant Street
Pittsburgh, PA 15219
YOU ARE HEREBY notified to file a written response to the enclosed New Matter
within twenty (20) days from service hereof or a judgment may be entered against you.
STOCK AND LEADER
Date: March ~, 2010 By:
Philip .Spare, Esquire
Supreme Court ID No. 65200
Attorneys for Plaintiff
Susquehanna Commerce Center, Suite E600
221 West Philadelphia Street
York, PA 17401-2994
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DQ MOE, INC.,
Plaintiff
N0.09-6145
v.
ZEPLIN'S SECURITY GROUP, INC.
Defendant,
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
ANSWER TO PETITION TO STRIKE AND/OR OPEN
AND NOW, comes the Plaintiff, DQ Moe, Inc., by and through its attorneys, Stock and
Leader, and avers as follows:
ANSWER TO PETITION TO STRIKE
1. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied. By way of further answer, Defendant has had
numerous attorneys involved in this matter and Attorney Creenan has been aware of this matter
since at least September 2008. On September 16, 2008, counsel for Plaintiff received a letter
from Defendant's then attorney, P. Richard Wagner, Esquire, indicated that Jim Creenan,
Esquire was now representing Defendant. (A copy of the September 16, 20081etter is attached
hereto as Exhibit A.) Promptly thereafter, on September 23, 2008; Plaintiff's Counsel contacted
Attorney Creenan regarding the matter. (A copy of the September 23, 2008 letter is attached
hereto as Exhibit B.) On November 17, 2008, Attorney Creenan contacted Plaintiff's counsel via
letter. (A copy of the November 17, 20081etter is attached hereto as Exhibit C). After all of this
correspondence, Attorney Snover then became involved in representing the Defendant and filed
Defendant's appeal on or about September 10, 2009 whereupon via letter she advised that she
was no longer acting as Defendant's counsel. No where in that letter does Attorney Snover
indicate that Defendant has once again retained Attorney Creenan. (A copy of Attorney Snover's
September 10, 20091etter is attached hereto as Exhibit D.)
2. Admitted that Plaintiff filed the Complaint after Defendant appealed the
Magisterial District Justice's ruling in Plaintiff's favor. Admitted that the Complaint was filed on
October 2, 2009 and served upon Fred Zeplin of Zeplin Security Group. By way of further
answer, on or about September 10, 2009, Attorney Elizabeth Snover of Johnson, Duffie, Stewart
& Weidner, P.C. filed the Notice of Appeal with Rule to File Complaint. On September 14,
2009, Attorney Snover mailed a copy of the Notice of Appeal to MDJ Placey, the Plaintiff,
Plaintiff s counsel and Defendant, Fred Zeplin with a cover letter. Attorney Snover states in her
letter that "[T]his office will no longer represent Zeplin's Security Group relative to this matter.
Therefore, any Complaint filed by the Plaintiff, DQ Moe, Inc., should be served directly upon
Zeplin's Security Group and no further correspondence should be sent to this office." (See
Exhibit D.)
3. Admitted in part. Denied in part. It is admitted that Attorney Snover filed the
Notice of Appeal on September 10, 2009. It is denied that Plaintiff's Complaint was due
September 30, 2009. By way of further answer, as stated on the bottom of the Notice of Appeal,
"[t]he date of service of this rule if filed by mail is the date of mailing." (A copy of Defendant's
Notice of Appeal is attached hereto as Exhibit E.) Attorney Snover did not mail the Notice of
Appeal until September 14, 2009 as indicated both by her above referenced letter, see Exhibit D,
and the Proof of Service filed with the court. (Copies of the Proof of Service and Certified Mail
Receipts are attached hereto as Exhibit F.) Based on the September 14, 2009 service date, the
actual filing deadline for the Complaint was October 5, 2009. Plaintiff's October 2, 2009
Complaint was timely.
4. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied. By way of further answer, Plaintiff effectuated
proper service of the Complaint in accordance with Attorney Snover's direction.
5. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied. By way of further answer, Plaintiff effectuated
proper service of the Notice of Intent to Enter Default Judgment in accordance with Attorney
Snover's direction.
6. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied. By way of further answer, Defendant was
copied on Attorney Snover's September 14, 20091etter and had actual notice that Attorney
Snover and her office were no longer representing him in this matter.
7. It is admitted that the Certificates of Service indicate service upon Defendant. By
way of further answer, this was in accordance with Attorney Snover's September 14, 2009 letter.
8. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied. By way of further answer, Defendant was
copied on Attorney Snover's September 14, 20091etter and had actual notice that Attorney
Snover and her office were no longer representing him in this matter.
9. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied.
10. Denied. A close reading of Pa.R.C.P. 237.1(a)(2)(ii) shows that the praecipe of
entry of default shall be served upon "the party against whom judgment is to be entered and to
the party's attorney of record, ifif any." Pa.R.C.P. 237.1(a)(2)(ii). (Emphasis added).
11. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied. By way of further answer, Plaintiff reiterates
that under Pa.R.C.P. 237.1(a)(2)(ii) notice only needs to be served upon a party's attorney if he
or she actually has an attorney. In this matter, as indicated by Attorney Snover's September 14,
2009 letter, she was no longer Defendant's attorney.
12. Denied. To the contrary the default judgment was appropriately entered against
the Defendant.
13. Denied. The default judgment was appropriately entered.
WHEREFORE, the Plaintiff, DQ Moe, Inc. respectfully requests that this Honorable
Court deny Defendant's Petition to Strike.
ANSWER TO PETITION TO OPEN
Plaintiff incorporates by reference its responses in paragraphs 1-13 hereof as if set forth
at length.
14. Legal conclusion to which no responsive pleading is required. To the extent that a
response is required this averment is specifically denied.
15. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied. By way of further answer, Defendant was
copied on Attorney Snover's September 14, 20091etter and had actual notice that Attorney
Snover and her office were no longer representing him in this matter.
16. Denied. Plaintiff is without sufficient knowledge to form an opinion as to the
truth of this averment, and it is therefore denied.
17. Denied. To the contrary, Defendant was aware that Attorney Snover and her
office were no longer acting as counsel for him in this matter as he was copied on Attorney
Snover's September 14, 20091etter indicating the same.
18. Denied. Approximately seven weeks went by between Defendant's receipt of the
notice of entry of default judgment and the filing of the Petition to Strike and/or Open. This
seven week delay in filing the Petition to Strike and/or Open cannot be considered prompt.
19. Denied. The copy of the "Alarm Service Agreement" attached to the Complaint
is a complete copy of the written agreement for the Mechanicsburg store only. Plaintiff's
Complaint seeks recovery for breach of contract for both the Mechanicsburg store and the Camp
Hill store. While there was a written agreement between the parties for the Mechanicsburg store,
there was an oral understanding between the parties for the Camp Hill Store and subsequently no
written terms and conditions. Additionally, Plaintiff has not alleged any property damage in its
Complaint.
20. Denied. The copy of the "Alarm Service Agreement" attached to the Complaint is
a complete copy of the agreement for the Mechanicsburg store. By way of further answer there
was an oral understanding, not a written contract, between the parties for work performed at the
Camp Hill store.
21. Legal conclusion to which no responsive pleading is required. To the extent that a
response is required this averment is specifically denied.
WHEREFORE, the Plaintiff, DQ Moe, Inc. respectfully requests that this Honorable
Court deny Defendant's Petition to Strike or Open Default Judgment.
NEW MATTER
22. Plaintiff incorporates its Answers to paragraphs 1-21 as if fully set forth below.
23. There are "three requirements for opening a judgment by default: (1) a petition
timely filed; (2) a reasonable explanation or legitimate excuse for the inactivity or delay; and (3)
a showing of a meritorious defense." (emphasis added) Pa.R.C.P. 237.3 comments. See also
Schultz v. Erie Insurance Exchange, 477 A.2d 471, 472 (Pa. 1984).
24. Defendant's petition has not been timely filed.
25. On November 18, 2009, judgment was entered in Plaintiff's favor against
Defendant.
26. Defendant did not file his Petition to Strike or Open Default Judgment until
February 9, 2010; approximately seven weeks after judgment was entered.
27. Additionally, prior to entering judgment, Plaintiff sent Defendant a 10-day Notice
of Default on November 2, 2009
28. By filing judgment on November 18, 2009, Plaintiff actually gave Defendant
additional time to respond to the Notice of Default.
29. Defendant failed to respond to any of the notices from Plaintiff.
30. As recently as January 4, 2010, Attorney Creenan contacted Plaintiff's counsel
but did not choose to file the Petition to Strike or Open Default Judgment until February 9, 2010.
31. Defendant's delay makes its Petition to Strike or Open Default Judgment
untimely.
32. Defendant has failed to put forth a reasonable explanation or legitimate excuse for
its inactivity and delay.
33. As stated above, Attorney Sriover stated in her September 14, 2009 letter that
"[T]his office will no longer represent Zeplin's Security Group relative to this matter. Therefore,
any Complaint filed by the Plaintiff, DQ Moe, Inc., should be served directly upon Zeplin's
Security Group and no further correspondence should be sent to this office." (See Exhibit D.)
34. While Plaintiff does not believe that Defendant has a meritorious defense, it is of
no moment because Defendant cannot establish that he meets the other two requirements to open
a default judgment; that the petition was timely filed and that there is a reasonable explanation or
legitimate excuse for the inactivity or delay.
35. Plaintiff properly served Defendant based on Attorney Snover's September 14,
20091etter.
36. Pennsylvania Rule of Civil Procedure 237.1(a)(2)(ii) states that the praecipe of
entry of default shall be served upon "the party against whom judgment is to be entered and to
the party's attorney of record, if any." Pa.R.C.P. 237.1(a)(2)(ii). (Emphasis added). Notice only
needs to be served upon a party's attorney if he or she actually has an attorney. In this matter, as
indicated by Attorney Snover's September 14, 20091etter, she was no longer Defendant's
attorney.
WHEREFORE, the Plaintiff, DQ Moe, Inc. respectfully requests that this Honorable
Court deny Defendant's Petition to Strike or Open Default Judgment.
Respectfully submitted,
STOCK AND LEADER
Date: March ~, 2010 By:
Phi ip H. Spare, Esquire
Supreme Court ID No. 65200
Attorneys for Plaintiff
Susquehanna Commerce Center, Suite E600
221 West Philadelphia Street
York, PA 17401-2994
Telephone (717) 846-9800
Fax No. (717) 843-6134
IN TIC C[1Z3RT OF COMMON PLEA9 OF COUNTY, TEA
DQ MOE, INC.,
Appellee
~.
z>~rl,n~rs s~rrY r~Om~, n~c.,
Appellsat
VEBII~CATION
NO: U9-6145
csva, Ac-r>GOrr - ~w
JUSY TRIAL DEMANDED
I verify that the atoms made m the fon~ang Answer m Petition to Strike and/or
Ogon with New ~dstter ane true and correct to the best of my infarm,atioa and belief. This
Yerificaotion is metie only as to the factual averments ooh thaxin, and not to legal
conclusions and averments autl~or~ed by counsel m his capacity as attorney for the party ar parties
hereto. I ~ that fates herein are made subject to tfie panstlties of 18 Pa. C.S. §
49'04, relating to unswom falsiSa~tion to authorities.
DQ MOE, INC.'
.,
.r~~''
Date: March 9 _2010 13y: ~~ ~-----~~
_--~
Cheryl D. 2..eigler, Ph~de~nt
SEP "I g ~~n~
LAW OFFICES
MANCKE, WAGNER, SPREHA &MCQUILLAN
2233 NORTH FRONT STREET
JOHN B. MANCKE HARRISBURG, PA 17170
P. RICHARD WAGNER
EDWARD F. SPREHA, JR.
BRYAN M. MCQUILLAN
September 16, 2008
Philip H. Spare, Esquire
Stock & Leader
221 W. Philadelphia Street
Suite 600
York, PA 17401-2994
Dear Philip:
PHONE (717) 234-7051
FAX (717) 2347080
Mr. Zeplin is now represented by Jim Creenan, Esquire, with the law firm of Wayman,
Irvin & McAuley, LLC, 437 Grant Street, 1624 Frick Building, Pittsburgh, PA 15219.
Your attention is appreciated.
Sincerely,
,i°
~/,
~~ 'chard agner
PRW/dks
:: ~I<a~T ,FATHER
.i~.
"„ ATTORN SYS AT LAW
STOCK AND LEADER LLP
D. REED ANDERSON
JOHN J. SHORD
wR.LIAM C. GIERASCH, JR.
W BRUCE WALLACE
MICHAEL W Kwc
TlMOrrty P. RUTH
WILLIAM T. HASr
STEPHEN S. RUSSELL
THOMAS M. SHORE
RONALD L. HERSHNER
JANE H. SCHUSSLER
WALTER A. TR.LEY, III
STEVEN M. Hovls
JODY ANDERSON LEIGHTY"
PHEdP H. SPARE
NER. A. SLENKER
DAVlD A. JoNPS, II
JAMES E. CHIARUTTAE"
'ALSO ADMITTED IN MARY(AND
Direct Dial: (717) 849-4140
E-mail: pspnre~~,stockandlead er. com
James W. Creenan, Esquire
Wayman, Irvin & McAuley, LLC
The Frick Building, Suite 1624
437 Grant Street
Pittsburgh, PA 15219
SUSQUEHANNA COMMERCE CENTER EAST STOCK AND LEADER,
221 W. PHILADELPHIA STREET-SUITE 60O APROPESSIONAL CORPORATION
YORK, PENN$YWANIA 17401-2994 HENRY B. LEADER
PHONE (717) 846-9800 J. Ross McGINNIs
RAYMOND L. Hovls
Pax (717) 843-6134 BYRON H. LECATEs
www.stockandleader.com CRAIG W. BREMER
ALEXANDRA C. CHIARUTITNI
ERw J. Mn.LER
NATHAN C. PLATT
' BROOKE E. D. SAY
September 23
2008 SARAH E. MASIMORE
, RACHEL A. CLANCY
MCCLEAN STOCK
(1881-1962)
BASK. A. SHORE
(1910-1988)
Re: Zeplin Security Group, Inc.
DQ Moe, Inc. (Dairy Queen)
Dear Attorney Creenan:
By letter dated September 16, 2008, Attorney P. Richard Wagner of Mancke, Wagner,
Spreha, McQuillan in Harrisburg, advised me that Mr. Zeplin is now represented by you.
Enclosed for your information is a copy of my letter of September 11, 2008 addressed to
Attorney Wagner. Please review the enclosed letter and contact me upon receipt to discuss the
background and potential resolution of these matters.
Thank you in advance for your attention to this matter.
Very truly yours,
STOCK AND LEADER
Philip H. Spare
PHS/pw
Enclosure
cc: Cheryl Zeigler, President, DQ Moe, Inc. (with enclosure)
NOV 'I ~ l~l[1f~
MICHAEL L. MAGULICK
MARK J. DESK
KATE J. FAGAN
FRANCIS X. MCTIERNAN, JR.
WARREN L. SIEGFRIED
DALE K. FORSYTHE o +
PAUL M. MANNIX +
JAMES W. CREENAN
KRISTA K. ORASHAN
SCOTT W.STEPHAN
RICHARD L. MCMILLAN
JEFFREY A. KUBAY
GREGORY S. KNIGHT
IAN C. WALCHESKY
KRISTEN L. LUNZ
JONATHAN M. DESK
a AL50 ADMITTED IN OHIO
+ ALSO ADMITTED IN WEST VIRGINIA
SUITE 1624 FRICK BUILDING
437 GRANT STREET
PITTSBURGH, PA 15219-6101
(412) 566-2970
FAX: (412) 391-1464
www.waymanlaw.com
TAX ID: 25-1151153
WASHINGTON COUNTY
OFFICE
29 EAST BEAU STREET
WASHINGTON, PA 15301
IN REPLY PLEASE REFER TO FILE
LAW OFFICES OF
WAYMAN, IRVIN & McAULEY, LLC
Writer's E-mail: icreenannu,waymanlaw.com
November 17, 2008
Philip H. Spare, Esdui.re
Stock and Leader
Susquehanna Commerce Center East
221 W. Philadelphia Street, Suite 600
York, PA 17401-2994
RE: Zeplin's Security Group, Inc.
v. DQ Moe, Inc. (Dairy Queen)
Dear Mr. Spare:
JWc
In response to your letter relating to Zepliri s Security Group, Inc., I have generally
reviewed your letter and request at this time that you provide to me any background
documentation you have relating to the matters set forth in the September 11, 2008
correspondence to P. Richard Wagner, Esquire. After I have received and had an
opportunity to review that background information, then I would be happy to discuss the
matter with you.
Thank you for your attention to this matter.
Very truly yours,
~~
J es W. Creenan
JWC/ kt
cc: Zepliri s Security Group, Inc.
:255558.1
.~~Y R. DUFFIE SEP 1 5 2009
CICHARD 1~J. STE1\~ART
C. ROY WEIDNER, JP~.
EDMUND G. MYERS
DAVID W. DELUGE
JOHN A. STATLER LAW O F F I C E S
JEFFERSON J. SHIPMAN ~~~['~~~
JEFFREY B. RETTIG `\J
KEVIN E. OSBORNE UFFI~
RALPH H. WRIGHT, JR.
MARK C. DUFFIE
JOHN R. NINOSKY
MICHAEL J. CASSIDY
MELISSA. PEEL GREEVY
WADE D. I1/IANLEI'
ELIZABETH D. SNOVER
ANDREI4~ P. DOLLIVIAN
OF COUNSEL
HORACE A. JOHNSON
F LEE SHIPMIAN
(1965-2006)
~ i .... ec,:~,
September 14, 2009
MDJ Thomas A. Placey Via Certified Mail
104 South Sporting Hill Road
Mechanicsburg, PA 17050
DQ Moe, Inc. Via Certified Mail
128 Golf Lane
Grantville, PA 17028-9102
Re: DQ Moe, Inc. v. Zeplin's Security Group
Appeal from District Justice Judgment
Cumberland County Court of Common Pleas 09-6145 Civil
To Whom It May Concern:
_ ,~%
_ ~ ~~
_ i..~
Enclosed please find a Notice of Appeal with Rule to File a Complaint timely filed with the
Court of Common Pleas of Cumberland County relative to the above matter. This mailing
constitutes valid service upon you under the civil rules governing appeals from Judgments of
~'~ magisterial district justices.
I also write to inform you that this office will no longer represent Zeplin's Security Group
relative to this matter. Therefore, any Complaint filed by the Plaintiff, DQ Moe, Inc., should be
served directly upon Zeplin's Security Group and no further correspondence should be sent to this
office. Thank you for your attention to this matter.
Very truly yours,
JO SON., DUFFIE, STEWART &WEIDNER
-~. ~.t-,~~,
Elizabet D. Snover
EDS:bf:377134
Enclosures
cc Mr. Fred Zeplin (w/enclosure) Via U.S, First Class Mail
Philip H. Spare, Esquire (w/enclosure) Via Certified Mail
301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWW.JDSWCOM 717.761.4540 FAX:717.7G1.3015 MAILQJDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (70) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
® a copy of the Notice of Appeal, Common Pleas No.09-6145, upon the Magisterial District Judge designated therein
on
(date of service) September 14, 2009, ^ by personal service ® by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) DO MOE, INC., on
September 14, 2009 ^by personal service ® by (certified} (registered) mail,
sender's receipt attached hereto.
! (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
IS 14TH DAY OF SEPTEMBER, 2009
~I
Svg ature of o va/ before whom atfidavif was made Sig re of want
COMMONWEALTH OF PENNSYLVANIA
NodAr Seal
pans L WIMNnan, Notary Public
Lemoyne Soto, CurtbMetd County
NIy Co1lMriaMOn Jan. 15, 2013
Member, Pennsylvania ASSOGatlon o1 Notaries
Title of official
My commission expires on 20 _
AOPC 312A - 05
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
DQ MOE, INC.,
Plaintiff .
v. .
ZEPLIN'S SECURITY GROUP, INC.,
Defendant .
NO.09-6145
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Philip H. Spare, Esquire, counsel for the Plaintiff, hereby certify that I served a true and
correct copy of the within to James W. Creenan, Esq. by first class mail, postage prepaid, on the
following:
James W. Creenan, Esquire
Wayman, Irvin & McAuley, LLC
The Frick Building, Suite 1624
437 Grant Street
Pittsburgh, PA 15219
STOCK AND LEADER
Date: March ~, 2010 By:
Philip .Spare, Esquire
Supreme Court ID No. 65200
_ Attorneys for Plaintiff
Susquehanna Commerce Center, Suite E600
221 West Philadelphia Street
York, PA 17401-2994
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNS'~LAVNIA
DQ MOE, INC.,
Plaintiff,
v.
ZEPLIN'S SECURITY GROUP, INC.,
Defendant.
NOTICE TO PLEAD
To: Plaintiff
You are hereby notified to file a
written response to the enclosed
ANSWER AND NEW MATTER
within .twenty (20) days from
service hereof or a judgment
may be entered ~g'$inst you.
w
0
No. 09-6145 ~ ~~
CIVIL ACTION LAW ~~
~ -c
N
~
~;
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER
Filed on Behalf of:
ZEPLIN'S SECURITY GROUP, INC.
Counsel for this Party:
James W. Creenan, Esquire
PA ID #79213
CREENAN LAW OFFICES, PC
4154 Old William Penn Highway
Suite 400
Murrysville, PA 15668
Telephone: (724) 733-8832
Facsimile: (724) 733-8834
jcreenanncreenanlawoffices.com
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNS~LAVNIA
DQ MOE, INC.,
Plaintiff,
No. 09-6145
CIVIL ACTION LAW
v.
ZEPLIN'S SECURITY GROUP, INC.,
Defendant. JURY TRIAL DEMANDED
ANSWER AND NEW MATTER
Defendant ZEPLIN'S SECURITY GROUP, INC., by its attorney, James W.
Creenan, Esquire, respectfully files the following as its Answer and New Matter.
1. Admitted, upon information and belief.
2. Admitted.
3. Admitted, upon information and belief.
4. Admitted, upon information and belief.
5. Admitted, upon information and belief.
6. Admitted, upon information and belief.
7. Admitted, upon information and belief.
8. Admitted, upon information and belief.
9. Denied as stated. The allegations contained in paragraph 9 are
conclusions of law to which no responsive pleading is required under the
1
Pennsylvania Rules of Civil Procedure and the same are therefore denied. It is
admitted only that a payment was made.
10. Admitted, upon information and belief.
11. Denied as stated. It is admitted a payment was made, however,
the balance of the averments are unknown to the responding party and they
are therefore denied.
12. It is admitted the Plaintiff signed a written agreement that
governed the parties respective performance of obligations.
13. Denied. The allegations contained in paragraph 13 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
14. Denied. The allegations contained in paragraph 14 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
15. Denied. The allegations contained in paragraph 15 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
16. Denied. The allegations contained in paragraph 16 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same alre therefore denied.
17. Denied. The allegations contained in paragraph 17 are conclusions
of law to which no responsive pleadi g is required under the Penns lvania
Y
Rules of Civil Procedure and the same re therefore denied.
WHEREFORE, defendant demands judgment in its favor and against
plaintiff.
18. Denied. The allegations contained in paragraph 18 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
19. Denied. The allegations contained in paragraph 19 are conclusions
of law to which no responsive pleadiing is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
20. Denied. The allegations contained in paragraph 20 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
21. Denied. The allegations contained in paragraph 21 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
22. Denied. The allegations contained in paragraph 22 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same .are therefore denied.
23. Denied. The allegations contained in paragraph. 23 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
24. Denied. The allegations
of law to which no responsive
Rules of Civil Procedure and the same
in paragraph 24 are conclusions
is required under the Pennsylvania
therefore denied.
3
25. Denied. The allegations contained in paragraph 25 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
WHEREFORE, defendant demands judgment in its favor and against
plaintiff.
26. Denied. The allegations contained in paragraph 26 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
27. Denied. The allegations contained in paragraph 27 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
28. Denied. The allegations contained in paragraph 28 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied.
29. Denied. The allegations contained in paragraph 29 are conclusions
of law to which no responsive pleading is required under the Pennsylvania
Rules of Civil Procedure and the same are therefore denied. By way of further
answer, the Plaintiff is not entitled to damages for the reasons set forth below.
WHEREFORE, defendant demands judgment in its favor and against
plaintiff.
MATTER
30. The preceding paragraphs ~re incorporated by reference herein.
~~~4
31. Plaintiff fails to attach tz-ue and correct copies of the parties'
agreements.
32. The parties' "Alarm System Agreement" for the Mechanicsburg
Store is attached hereto as Exhibit A.
33. The parties' "Alarm System Agreement" for the Mechanicsburg
Store is attached hereto as Exhibit B.
34. The parties' "Alarm System Agreement" for the Camp Hill Store is
attached hereto as Exhibit C.
35. Zeplin's Proposal/Agreement for the Camp Hill Store is attached as
Exhibit D.
36. Plaintiffs Complaint fails to state a claim upon which relief may be
granted.
37. The Agreement(s) signed by Plaintiff and the applicable
Pennsylvania statute of limitation, requires that suit on such a cause of action
be commenced within one year of the date on which the cause of action
accrued.
38. Plaintiff s cause of action accrued no later than May of 2007 for the
Mechanicsburg Store
39. Plaintiffs caused of action' accrued no later than October of 2007
for the Camp Hill store.
40. Plaintiffs Mechanicsburg More action was not commenced until
April 24, 2009, which is beyond the applicable period of limitation.
i
i
41. Plaintiffs Camp Hill Store fiction was not commenced until October
2, 2009, which is beyond the applicably period of limitation.
42. Plaintiffs action is accordingly barred by the applicable statute of
limitation.
43. The Agreements contain other terms and conditions that bar, in
whole or in part, the claims raised against Zeplin, including a limitation of
liability, limited warranty, anti-subrogation term, and other material terms as
set forth in Exhibit A, B, C, and D.
44. Plaintiff accepted all service and equipment as installed as required
under the terms of the contract, which bars Plaintiff s claims.
45. Upon information and beli4;f, Plaintiff s agents or employees caused
damage to certain equipment and then attempted to blame defendant for the
condition.
46. Defendant reserves the right to supplement and amend its New
Matter.
WHEREFORE, defendant respectfully requests that this Court enter
judgment in its favor and against plaintiff for all consequential and incidental
damages, including reasonable attorneys fees and costs and such other and
further relief as this Court deems just end proper.
6
Respectfully submitted,
(/~
James W. ~r
PA ID #79213
CREENAN LAW OFFICES, PC
4154 Old William Penn Highway
Suite 400
Murrysville, PA 15668
Telephone: (724) 733-8832
Facsimile: (724) 733-8834
jc~eenanna,creenanlawoffices. com
Attorney for Defendant
'7
' ~$~~$TEM AGREEMENT
This:Agreement is dated between ZEPLIN SECURITY GROUP, INC. (the "Company") and you (the
"Customer"1. This Agreement covers the system listed on Schedule A or any system the Company takes over from another company (the
"System") and any services requested below for the following location (the "Promises"). The Company has written this Agreement in simple,
easyto-read IanguAge because it wants the Customer to understand it. Please feel free to ask any questions.
INTENDING TO BE LEGALLY BOUND~t~~WE BOTH AGREE AS FOLLOWS:
CUSTOMER'S NAME: 1.'.~i ~!<•~ lXV ~~'~~ BILLING
PREMISES: (-;•~ ~ ~. 5. m O SoN ~]"" ADDRESS:
fyl f:L k•n+J I c. S t! J tug ~%fj. I "70 S"~
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
Installation Charge (sale or lease)
Due at signing
TELEPHONE:
TYPE OF MONITORING: Telephone
Radio _ Other:
S p '~ ~ Lease Fee
5 ~/1~ Monitoring Fee
S /~~J~>~ Other
Repair Fee
S _ (beginning after the Limited Warranty ends)
S Total
Cellular
S /month
S /month
S /month
S !month
S /month
Due when the System is substantially All fees are due in advance as follows:
installed S _ monthly _ quarterly _ annually
Take Over Charge (due at signing) S Option Price (for purchase of System
Lease (1st Payment) S at end of the initial lease Term) S
THE FOLLOWING SPECIFIC TERMS IA-F) APPlY ONLY IF A CHARGE FOUR 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 Crompany 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 Once the Company receives a signal, the Company will try to
notify, over the regular telephone lines, the agencyls) and/or person(s)
within 30 days after the installation. The Customer must pay for any identified on the Customer's information sheet. However
the
additions or changes, to the System beyond those shown on
Schedule A ,
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 agrees to give the Company a completed
the Customer
s existing System and the Customer agrees to pay the information sheet and to update it as necessary. The Company is
charge for taking it over. The Customer represents that it owns the entitled to rely solely on the Customer's information sheet
The
System. After the take over, the Company will always own the .
Company is not responsible for trying to contact anyone else.
transmitting device, which contains the Company's proprietary data.
If the Company cannot connect the System to the telephone
C. $g)g. The Company agrees to sell the System and the lines, then the Customer must contact the telephone company, which
Customer agrees to pay for it. The Company will own the System until will install and bill the Customer directly for any telephone lines or
the Customer does so. After that, the Customer will own the System equipment.
except for the transmitting device, which contains the Company's
proprietary data and which the Company will always own. The Customer understands that no form of monitoring is error-
^ D
L free. The Customer also understands that the Company is not
.
ease. The Company agrees to lease the System to the responsible for any interruption of service due to any cause beyond
Customer for an initial term of years from the date of this the Company's control, such as faulty telephone lines or any damage
Agreement and the Customer agrees to pay the Company the lease or destruction to the Company's equipment or facilities. The
fees. After the initial term, the lease will automatically renew for Company is not required to supply monitoring service to the Customer
successive similar terms. The System will always remain the
' while such interruption continues. If the Customer requests
Company
s property. ,
however, the Company will give the Customer apro-rata refund if the
As soon as the Company reasonably can, it agrees to repair the interruption lasts more than 24 hours and is due to any damage or
System due to ordinary wear and tear. If there is any problem with the destruction to the Company's equipment or facilities.
System which is not due to ordinary wear and tear, the Customer
~ F
agrees to pay the Company to repair it at the Company's then-current • Repair• The Company agrees to provide repair service to
charges. the System for an initial term of years after the end of the
At the end of the Lease, the Customer will return the System to the Company's Limited Warranty and the Customer agrees to pay the
Company m good condition, except for.ordinary weer and tear.
If the' Company the repair fees. After the initial term, the re air services
.
.
Customer fails to do so, the Company can peacefully enter the Premises will automatically renew for successive similar terms. The•Customer
and remove the System, but the Company has no obligation to do so, agrees not to allow anyone besides the Company's employees or
At the end of the initial lease term, the Customer may purchase the agents to repair the System.
System by paying the Option Price. For more information, refer to the The Company will provide all labor, material and parts necessary
attached 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
. M4011GIIRp. 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 _ years from the date of this Agreement. in wireless devices.
THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A C PY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS
THE
O
.
CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERST
OD THIS AGREEMENT, ESPECIALLY THOSE SECTIONS ON THE
REVERSE SIDE RELATING TO ITS PROTECTION OF THE COMPANY ND THE COMPANY'S LIMITED LIABILITY AND WARRANTY.
(CONSUMER TRANSACTIONS ONLY- YOU MAY CANCEL ~HIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT
OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS T ANSACTION. PLEASE SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGH~f.
CUSTOMER:
~ ZFP11N SECURITY GROUP,;INC.
~
~ -~
Salesperson
Authori;
By: EXHIBIT A
GENERAL TERMS.
1. LLMITATION-OF_TjiE.-C~OMPANY_S_t_IAg.(LITY. IF THE
COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO
ITS NEGLIGENCE ORTHE FAILURETO PERFORM ITS OBLIGATIONS
IN THIS AGREEMENT. INCLUDING IPJSTALLING, MONITORING,
REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT
ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE 5750.OO.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 MAV OCCUR PRIOR TO, AT OR
AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY
BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY
(INCLUDING MERCfiANTABILITYRND FITNESS FOR A PARTICULAR
PURPOSE) AND ANY OTHER THEORY OF LIABILITY.
THIS EXCLUSION SPECIFICALLY COVERS LIA61l.ITY 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, BU7 DO NOT DIRECTLY
RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE
AN EXAMPLE OF SOMEONE).
2. (n~urance, The Customer understands that THE COMPANY IS
NOT AN INSURER. The Customer is responsible for obtaining all insurance
the Cuslvmer 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 tiro Custvnrer's
possessions, but rather are based on the volt of the System and the
Company's services.
The Customer releases the Company from any liability for any event
or condition covered t?y the Cusforner's insurance.
The Custvrner understands that the System is designed to reduce,
but not eliminate. certain risks. The Company does not vuaranty that flee
System will prevent personal injury, unauthorzed entrances or fire and
smoke, damage to the Premises. The Cvrnpany assumes no liability far
those risks.
3. Li!nited_Warr~ni}~
(al For 12 months from the date of this Agr.',en?ord. the. Company
warrants that ii any part of the System does not. vvork because of a defect
or because of ordinary wear and tear, the Company will repair or replace
that part a[ no charge to the Customer. The Company n?ay 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 fire
Company's control. Such acts include accidents, power surges, misuse,
lack of proper maintenance, unauthorized changes ortacts of God (such
as fires. earthquakes, tornados, etc..).
The Custvrner must notify the Cvrnpany of any problem the Customer
claims the Company's limited warranty covers within the warranty period.
The Company will repair the problem as soon as it reasonably can after Vl
receives the Customer's notice.
(b) This limited warramy is the ordy warranty the Company makes, is
made only if the Company installed the Syslern. and takes the place of aVl
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 rho intended signaling,
monitoring or other service. H 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 yr limitation of incidental yr consequential da!nages.
so the above limitation or exclusions may not apply to the Customer. This
limited warranty gives the Customer specific legal rights. The Customer
may also Irave other loyal rigtrts that vary from state to state.
4. Customer s Prot. c ion ojC_omp~n,.y. This Agreement is intended
only for the Customer's benefiLTherelore, the Customer agrees to pro[ecU
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 inclutle the Company's employees, agents and subcontractors.
This protection; indemnity covers claims brought. against the Company
by the Customers insurance company It also includes Claims arising under
contract. warranty, negligence, or any other theory of liability.
-The Customer's duty to protecUindemnify the Company, however, does
not apply to claims based on injuries to third parties or 1n their property
that occurred while the Company s employees were on the Premises and
which were caused solely and directly by those employee. s.
In case of any third party claim or loss covered by the Customer's
insurance, the Customer agrees not to look tv the Cvrnpany or the
Company's related parties for reimbursement. The GUStOmer waives any
rights that the Customer's insurance carrier or others claiming through
the Customer may have against the Company yr the Company's related
parties. '
;. 'the C;ustomer's...Agreentent@. The Cuslvmer Iras the authority
to sic.^ this Agr-~emenl and in doing sv will not vitiate any other agreement.
The Customer s not aware of any hazarrJous conditions vn the Premises.
The Cuslvmer agrees lU prevent false £larms and assume responsibility
fur them. II the ~brnpany notifies the Customer of a malfunction, the
Customer will discx?nnecl [he System until iha Company can repair it.
The Crtslomer will not tamper or interfere v+rith the System, nor permit
others to do so. The Costumer aarees that the Company can record and
use =Ill communications with anyone at the Premises in the normal course
of thr^ Company's business.
The Customer w!II test the System at least once a month, as well as
when changes are matle to its telephone system or the Premises. The
Customer will 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 w01 pay the Gompa ?y its then-cw'rent charges for doing
any work nut covered by this Agreement, i!rcludiny paying the Company's
minimum service charge it the Company cannot enter the Premises at the
scheduled time.The Customer's oblivalions continue even if the Cuslvmer
sells or leaves the Premises.
6. TI>e_4uslnmers__Default. 11 the Custvrner tails to perform its
obligations, the Cvrnpany will give the Customer written notice of default.
If the Customer dues nut fix the default within 30 days, the Company can
end ibis Agreement. If the Cvrnpany ends this Agreement, the Customer
nrt.rsi pay the Company: (a) all amounts then due; (b) 80°'0 01 the amount
due the Company for the remainder of this Agreement (as an agreed-
upon amount of damages and not 2s 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 dateJn addition, the Company
can peacefully enter the Premises and remove its equipment. If the
Cornpang waives any default bV the Custvmar, that does not mean the
Gompany 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 tv secure payment of the
purchase price yr performance under the Iease.The Custvmar must return
such property if it does not fully pay for it. If the Customer does not return
such property, the Company will ask a wort to force the Customer to do
so. The Company has the rights of .a secured party under the Unilorm
Commercial Code.
7. $yysem Charges, The Costumer agrees to obtain all licenses
and pay all taxes. !fines and other assessments. including sales taxes.
The Company's tees are based upon existing taxes and charges, and the
Cvnpany can increase the Company's fees to reflect changes in these
taxes or charges.
After the first year of this Agreement. the Company van increase the
Company's fees by an annual amount up to 1 D°o 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
ran charge the Customer interest up?o 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 if the
Company has disconnected the Systelrr.
8. TraIIs~era. The Customer cannot transfer this Agreement without
the Company's consent. However, the Compatry can transfer this
Agreement or subcontract its obligations without the Customer's consent.
If the Company does so. anyone to whom the Cvrnpany 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 dune negligently by any third party.
9. Noti~g~;_Limi~tigLOn_Lewsuts JuryTrial_Unlessotherwise
indicated, all notices must be in writing. The Customer or the Company
may end any portion of this Agreement by notifying Bre 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 ciaim against the Company within t
year after the claim arose. If [he 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 GfVE UP THEIR RIGHTTO A JURYTRIAL.
10. Misce(Ianeo43,.,This Agreement contains the entire understanding
between fire Customer and the Gompany and replaces any other
documents or discussions the Cvrnpany previously had with the Customer.
This Agreement is not binding on the Cvrnpany 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 not apf~rove this Agreement, the Company's
only obligation is to refund any payrnenis the Customer has made. Any
equipment or se!-vices the Cvnpany provides to the Customer in the future
are subject to the terms of this Agreement.. 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 Agreement is fe;+tnxJ to be invalid, the remaining
provisions are still effective. The word "including" means "including without
limitation:' Excrpt for monitoring, the Company will only do work during
the Company's nnrnral business hours of 9:00 a.m, to 5:00 p.nr. ar
weekdays, excluding holidays the Company vbscrves. All schedules and
attachments arr=. a part of this Agreement.
' ° ~~~ ALARM SYSTEM AGREEMENT
This Agreement is dated i _ ~_ between ZEPLIN SECURITY GROUP, INC. (the "Company"1 and you (the
"Customer"). This Agreement covers the sy tem listed on Schedule A or any system the Company takes over from another company .(the
"System") and any services requested below for the following location Ithe "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 LEGnALLY BOUND, WE BOTH AGREE AS FOLLOWS:
CUSTOMER'S NAME: !~ ~-"r'r) ~....~•Y~-' BILLING
PREMISES: 4lJT ~ i~.~.,.. 9 r`2.~ ADDRESS:
^~. 1.i
y/~ TELEPHONE: ( ) _
TYPE OF ACCOUNT: _~_ -Consumer Use TYPE OF MONITORING: Telephone _ Cellular
Commercial or Business Use _ Radio _ Other:
ESTIMATED INSTALLATION DA
CHARGES AND FEES:
Purchase Price (sale only)
Due at signing
Due when the System is substantially
installed
Installation Charge (sale or lease)
Due at signing
S ~\
Si~~i
S
S
"a
Lease Fee
Monitoring Fee
Other
S !month
S ~lmonth
S !month
Repair Fee S /month
(beginning after the Limited Warranty ends)
Total S -!month
Due when the System is substantially All fees are due in advance as follows:
installed S _ monthly _ quarterly _ annually
Take Over Charge (due at signing) S Option Price (fcr purchase of System
Lease (1st Payment! S at end of the initial lease Term) S
HE FOLLOWING SPECIFIC TERMS IA-F) APPLY ONLY IF A CHARGE !(iOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW.
~
r 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. Once the Company receives a signal, the Company will try to
The Customer must notify the Company in writing of any problems ' notify, over the regular telephone lines, the agencyls) and/or person(s)
within 30 days after the installation. The Customer must pay for any ~ identified on the Customer's information sheet. However, the
additions or changes, to the System beyond those shown on ', Company will not notify anyone if it reasonably believes that
Schedule A. notification is not required.
^ B. Teke Over. The Company agrees to take over the operation of The Customer agrees to give the Company a completed
the Customer's existing System .and the Customer agrees to pay the information sheet and to update it as necessary. The Company is
charge for taking it over. The Customer represents that it owns the entitled to rely solely on the Customer's information sheet. The
System. After the take aver, the Company will always own the '
' Company is not responsible for trying to contact anyone else.
ransmitting device, which contains the Company
s proprietary data.
If the Company cannot connect the System to the telephone
C. $Q(g. The Company agrees to sell the System and the ' lines, then the Customer must contact the telephone company, which
Customer agrees to pay for it. The Company will own the System until ' will install and bill the Customer directly for any telephone lines or
the Customer does so. After that, the Customer will own the System ', equipment.
except for the transmitting device, which contains the Company's I
proprietary data and which the Company will always own. The Customer understands that no form of monitoring is error-
^
' free. The Customer also understands that the Company is not
D. Lease• The Company agrees to lease the System to the
, responsible for any interruption of service due to any cause beyond
Customer for an initial term of years from the date of this ' the Company's control, such as faulty telephone lines or any damage
Agreement and the Customer agrees to pay the Company the lease ', or destruction to the Company's equipment or facilities. The
fees. After the initial term, the lease will automatically renew for '', Company is not required to supply monitoring service to the Customer
successive similar terms. The System will always remain the while such interruption continues. If the Customer requests,
Company's property. however, the Company will give the Customer apro-rata refund if the
As soon as the Company reasonably can, it agrees to repair the interruption lasts more than 24 hours and is due to any damage or
System due to ordinary wear and tear. If there is any problem with the destruction to the Company's equipment or facilities.
System which is not due to ordinary wear and tear, the Customer
R
i
T
^ F
agrees to pay the Company to repair it at the Company's then-current ' .
epa
r.
he Company agrees to provide repair service to
charges. ' the System for an initial term of __ years after the end of the
Company's Limited Warranty and the Customer agrees to pay the
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 Company the repair fees. After the initial term, the repair services
.
Customer fails to do so, the Company can peacefully enter the Premises will automatically renew for successive similar terms. The Customer
and remove the System, but the Company has no obligation to do so 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 '
Systarrl~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 defect§ in the 6ystem an(f ordinary wear
~~
I 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 ~ years from the date of this Agreement. in wireless devices.
THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A OPY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS. THE
CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERS OOD 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 CANCE 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: '~ ZEPLIN SECURI
TY
GRQUP, INC.
f
/
~, i S sperson
By:_ EXHIBIT B
Aut
GENERAL TERMS.
1. ~I_MITATION_QE._THE_C~C ly~_NY'_$__.LIgBILITY. 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 5750.OO.THE
COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR
AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER
ANDTHE 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 MERCHANTABILtTYRND FITNESS FOR A PARTICULAR
PURPOSE) ANO 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 7HI5 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. ~urengg, 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 u1 [he Syslern and the
Company's services.
The Customer releases the Company trorti any liability for any event
or condition covered by the Customers insurance.
The Customer understands that the Sysleir~ is designed to reduce,
but not eliminate, certain risks. The Company does not guaranty that the
System will prevent personal injury, unauthorzed entrances or fire and
smoke damage to the Premises. The Company assumes no liability for
those risks.
3. Limited Warranty,
(af For 72 months from the dale of this Agreement, the Company
warrants that ii any part of the System dot=s not work because of a defect
or because of ordinary wear and tear, the Company will repair or replace
that part at ito charge to the Customer. The Company may use
reconditioned parts in making repairs, but the Company warrants the
replacement parts only for the warranp' period.
This limited warranty does not cover batteries in wireless devices, nor.
does ii apply if the System leas 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 liras. earthquakes, tornados, etc.).
The Cuslorner must nobly the Company of any problem the Customer
claims the Company's limited warranty covers within ttie warranty period.
The Company will repair the problem 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 Ilte place o(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. It 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 Iitttitations on how long an implied warranty
lasts or the exclusion or limitation of incidental or consequential damages.
so the above limitation or exclusion may no[ 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 stale.
4. ty.~tQrt~.gt''s.Pt9S.~4L4Ili~9rrJB~ny, This Agreement is intended
only for the Customer's benetit.Therelore, the Customer agrees to protecU
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 protection/indemnity covers claims brought against the Company
by [he Customer's insurance~company. It also includes claims arising under
contract, warranty, negligence. or any other theory of liability.
The Customer's duty to protecUindemnify 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.
5. The Cuscom_af's Agreements, The Customer has the aufho.rity
to sign this Agreementand in doing so will not violate any other agreement.
The Customer is not aware of any hazardous conditions on the Premises.
The Customer agrees to prevent false ,alarms and assume responsibility
for them. If the Company notifies the Customer of a malfunction, the
Customer will disconnect the System until ttte Company can repair it.
The Customer will not tamper or intedere with the System, nor permit
others to do so. The Customer agrees that the Company can record antl
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 onre 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 Customer agrees that tfte 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 not covered by this Agreement, including paying the Company's
minimum service charge it the Company cannot enter the Premises at the
scheduled lime.The Customer's obligations continue even if the Customer
sells or leaves the Premises.
6. The Customer_'s_f~gf~ult, If the Cuslorner tails to perform its
obligations, the Company will give the Customer written notice of default.
II the Cuslorner does not 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°e 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 pedormance under the Iease.The Customer must return
such property if it does not fully pay for it. It 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 :>ecured party under the Unilorm
Commercial Cotle.
7. System Charges.. The Cuslorner agrees to obtain all licenses
and pay all taxes, lines 2nd other assessments, including sales taxes.
The Company's tees are based upon existing taxes and charges, and the
Company can increase the Company's tees io reflect changes in these
taxes or charges.
After the first year of this Agreement, the Company can increase the
Company s fees 6y an annual amount up to 10°a 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 tee it the
Company has disconnected the System.
8. Tt~S13gf¢, The Customer cannot transfer this Agreement without
the Company's consent. However, the Company can transfer this
Agreement or subcontract its obligations without the Customers consent.
If the Company does so, anyone to whom the Company transfers or
subcontracts its obligations will have gall of the Company's rights. The
Company is not responsible, however, for any work, including monitoriny,
which is done negligently by any third party.
9. Noti~~~Limit~tgn_o_n_Lawsrait;__.~uryTrial_Unlessotherwise
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 dritical that the Customer briny any claim id 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. Miscellanggtl~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 Customer.
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.
II the Company does not approve This Agreement, Lhe 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 luture
are subject to the leans of this Agreement, as so amended. This Agreement
cannot be changed except by a writing that boat the Customer and the
Company sign.
If any provision of ibis Ayreemr:,nt is found to be invalid, the remaining
provisions are still effective. The word "including" means "including without
limitation' Except for monitoriny, the Company will only do work during
the Company's normal business hours of 9;00 a.m. to 5:00 p.m. on
weekdays, excluding holidays the Company observes. All schedules and
atlachmenis are a part of this Agreement.
- ALARM SYSTEM AGREEMENT
This Agreement is dated '~- ~_ between ZEPLIN SECURITY GROUP, INC. (the "Company") and you (the
"Customer"). This Agreefent covers the sy tee m listed on Schedule 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:. ~~ BILLING _
PREMISES: ~36JJ~~R~f~ ADDRESS:
TELEPHONE: 1 1 _ __ _ _____ ____
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 S
Installation Charge (sale or lease) S
OF MONITORING: Telephone _ Cellular
Radio Other:
Lease Fee S /month
Monitoring Fee S~.a+lJ7 (month
Other S !month
Repair Fee S /month
(beginning after the Limited Warranty ends)
Due at signing S Total
S !month
Due when the System is substantially ~
All fees are due in advance as follows:
installed S _ monthly _ quarterly annually
Take Over Charge (due at signing) S Option Price (for purchase of System
Lease Itst Payment) S at end of the initial lease Term) S
THE FOLLOWING SPECIFIC TERMS (A-F) APPLY ONLY IF A CHARGE l~OR 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. Once the Company receives a signal, the Company will try to
The Customer must notify the Company in writing of any problems notify, over the regular telephone lines, the agency(s) andlor personlsl
within 30 days after the installation. The Customer must pay for any identified on the Customer's information sheet. However, the
additions or changes, to the System beyond those shown on Company will not notify anyone if it reasonably believes that
Schedule A. notification is not required.
^ B. Take Over. The Company agrees to take over the operation of The Customer agrees to give the Company a completed
the Customer's existing System and the Customer agrees to pay the information sheet and to update it as necessary. The Company is
charge for taking it over. The Customer represents that it owns the entitled to rely solely on the Customer's information. sheet. The
System. After the take over, the Company will always own the Company is not responsible for trying to contact anyone else.
ransmitting device, which contains the Company's proprietary data.
If the Company cannot connect the System to the telephone
C. $Q)g. The Company agrees to sell the System and the lines, then the Customer must contact the telephone company, which
Customer agrees to pay for it. The Company will own the System until will install and bill the Customer directly for any telephone lines or
the Customer does so. After that, the Customer will own the System equipment.
except for the transmitting device, which contains the Company's
proprietary data and which the Company will always own. The Customer understands that no form of monitoring is error-
^ D
Th free. The Customer also understands that the Company is not
. Leasa•
e Company agrees to lease the System to the responsible for any interruption of service due to any cause beyond
Customer for an initial term of years from the date of this the Company's control, such as faulty telephone lines or any damage
Agreement and the Customer agrees to pay the Company the lease or destruction to the Company's equipment or facilities. The
fees. After the initial term, the lease will automatically renew for Company is not required to supply monitoring service to the Customer
successive similar terms. The System will always remain the while .such interruption continues. If the Customer requests,
Company's property. however, the Company will give the Customer apro-rata refund if the
As soon as the Company reasonably can, it agrees to repair the interruption lasts more than 24 hours and is due to any damage or
System due to ordinary wear and tear. If there is any problem with the destruction to the Company's equipment or facilities.
System which is not due to ordinary wear and tear, the Customer
R
~ F
agrees to pay the Company to repair it et the Company's then-current eoarr• The Company agrees to provide repair service to
•
charges. the System for an initial term of __ years after the end of the
At the end of the Lease, the Customer will return the System to the Company's Limited Warranty and the Customer agrees to pay the
Company in good condition, except for ordinary wear and tear
If the Company the repair fees. After the initial term, the repair services
.
Customer fails to do so, the Company can peacefully enter the Premises will automatically renew for successive similar terms. The Customer
and remove the System, but the Company has no obligation to do so. 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 informmatibn,: refer to the ~ The Company will provide ell labor, material and parts necessary
attached Lease Information Form. to service the System due to defects in the System and ordinary wear
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 ,~ 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 UNDERS'~OOD 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 ON Y) YOU MAY CANCE 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 RI HT.
CUSTOMER: ,, ZEPLIN S CURITY GROUP, INC.
.~•'. ••
--
_.
_.._.
Salesperson
EXHIBIT C
Authorized Representative
GENERAL TERMS.
t. 1.l_MITATION_OF_LH~_C~NjPANY_~_.LIgf~I~TY IF THE
COMPANY IS FOUND LIABLE FOR ANY LO5S OR DAMAGE DUETO
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 5750.OO.THE
COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR
AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER'
AND THE COMPANY. IFTHE COMPANY DOES 50, 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. TtiIS INCLUDES LIABILITY
BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY
(INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE) ANb 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
CHApGES; 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. In.~iLr~gg, 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 System and [he
Company's services.
The Customer releases the Company from any liability for any event
or condition covered by the Customer's insurance.
The Customer understands that the System is designed.to reduce,
but not eliminate, certain risks. The Company does not guaranty that the
System will prevent personal injury, unauthonzed entrances or fire and
smoke damage to the Premises. The Company assumes no liability for
those risks.
3. Li_rt~ited-.Warranty;
(a) For 12 months from the date of this Agreement, the Company
warrants that if any par[ 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 gover batteries in wireless devices, nor
does if 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 er acts of God (such
as fires. earthquakes, tornados, etc.). '
The Customer must notify the Company of any problem the Customer
claims the Company's limited warranty covers within thA warranty period.
Tfte Company will repair the problem 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 if fhe 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 forl,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 not 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. C,~tstg~n~r'~Prote~lon of~g~pn~ This Agreement is intended
only for the Customer's benefit.Therelore, the Customeq agrees to protecU
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 Canpahty 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 protec[ion.!indemnity covers claims brought against the Company
by the Customer's insurance company. It also includes claims arising under
contract, warranty, negligence. or any other theory of liability '
The Customers duty to protectlintlemnify the Company, however, does
not apply to claims based on injuries to third parties o'r to their property
that occurretl 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 fhe Customer's insurance carrier or others claiming through
the Customer may have against the Company or the Company's related
parties.
5. The _C_ustorn_er'_~_Agreements; The Customer hasthe.autho;ity
to siyn this Agreement and in doing so will not violate any other agreement.
The Customer is not aware of any hazardous conditions on the Premises.
The Guslomer agrees to prevent false alarms and assume responsibility
for them. I[ the Company nolilies 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 L'ampany'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 Customer agrees that the Company can make program
changes to the Companys proprietary data located in the transmitting
device.
The Customer vAll pay the Company its then-current charges for doing
any work not covered by this Agreement. including paying the Company's
minimum service charge it the Company cannot enter the Premises at the
scheduled time.The Customers obligations continue even if the Customer
sells or leaves the Premises.
r 6. The Custome_r's Dgfgult. II the Customer tails to perlorm its
obligations. the Company will give the Customer written notice of default.
II the Customer does not 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°0 of the amount
due the Company for the remainder of this Agreement (as an agreetl-
upon amount of damages and not as a penaltyl; and (c) the Company's
reasonable collection costs. including attorney's fees.
If this Agreement is ended, the Company dons 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 wzriver by the Company must be in
writing.
The Guslomer grants fife 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 Iease.The Customer must return
such property if it does not fully pay for it. If the Customer does not return
such property, the Company will ask a court Io force the Customer to do
so. The Company has the rights of a securest party under the Uniform
Commercial Code.
7. System. Ch~rg_es. The Customer agrees to obtain all licenses
and pay all taxes, lines and other assessments. includiny 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 Ayreement. the Company can increase the
Companys tees by an annual amount up to 10°a 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 if the
Company has disconnected the System.
8. IraRSfer~. 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, includiny monitoring,
which is done negligently by any third party%
9. Notice~;_Lrnitati,Qn on_ Lawsuits,_.lury_Trtal_ Unless otherwise
indicated, all notices must be in writing. The Customer or the Company
may end any portion or this Agreement by notifying the other party at
least 30 days prior to the entl of the then-current teen. It is critical that the
Customer give any termination notice in a timely manner.
The Customer must bring any claim against the Company within i
year alter the claim arose. If the Customer does not, the Customer has no
right to sue the Company and fhr. Company has no liabilityfo 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. Mlscel~lrggl~s. 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 Guslomer.
This Agreement is not binding on the Company until the Company or its
authorized agent signs it or begins instal+,ation or service. This Agreement
is governed by Pennsylvania law.
II the Company does nut approve this Agreement, the Company's
only obligation is to relund any payrnenls the Customer has made. Any
equipment or services me Company provides to the Customer in the future
are subject to the leans of this Ayreement as so amended. This Ayreement
cannot be changed except by a writing that both the Customer and the
Cnmpany sign.
It any provision of ibis Agreement is found to be invalid; the remaining
provisions are still effective. The word "including" means "including without
limitation" Except (or monitoring, the Company will only do work during
the Company's normal business hour.^, of 9:00 a.m. l0 5:00 p.m. on
weekdays, excludiny holidays the Company observes. All schadt.iles and
attachments are a part of this Agreement.
« ~~ PROPOSAL/AGREEMENT
~
30//
.,. ~ - ZEPIIN SECI/RITV GROUP INC. `°r
2026 ARKET SL - ~-
CAMP HILL, PA 17011
BOOF66P3112
~
~ ~}
This A9nemsnt Is made thla /" dry of
~'^ 1
- by end between Myxa sxurhy Company and
r
NAME ("9ubxriber') ..
cm C yA:o~V !/111, srAtE •t%4 ZIP •" Z di !
L Ion o1 prd.nee Premier: (• P'Ymix ) Cif! / ~ S//YIRSYSy/yCfl..FV /P! '. a7lFdt_ /y1~IlII'!/' _SBUnfn . 9ubpd w IH. nrme dl I`p'neulpM Mnmen.r xl/onn, cdmpenv rome
1 I I xll I Ibex l0 9ubserlMr ntl/ r l0(1 _, 1 InH.ll I I rwdiwl ebrl I I tllepetah I I eeee•e cent 1 xrvlws I repel/ wrWws 1 1 px wll regal/ .ervlw 1 I melntalr~l I morello/ V 1 eommerciel 1 1 neltlxtlel Npmllnp Mnm
(" bet") Ixwpt Communlulor), ss know))/ ~~11
,,~i
is SubxrlMr epma to pry Comgan WI11~ /' (tL/}/"~~~/~I~i~~~s~ IS ~' t~ )lor ihs Inslall~ibn (and aala II ryetsm xld) of Ma SYSbm as lollowa:
(.) Shs~e ~ •O J UPon'tlp Inp MIeAYrxmxlt /~ ~
(bl = Py+9~ ~7 Upw Ina eolnpbden o1 Inehllalkn {~{f' ~ - ,
a. 9pMerlMr apmsto pay COmpmylM SUm oI_~~_(i~~^Y)1 IM'b:w oliM y 1 tll patch, ecwnca t 1 Irn,nplrsmleaa, melt ~ - tl/er dnlnlebden monllertnp xrvl onxked above,
pnpald - for • p.rtaa el yaar(a). Thl -Aprxmenl atoll n slle Ily, wlineul ache by ItM party, eznlw end ron II If dsr tM xma brms and wntllllene br we xdx perleda
d oM year each char tM InNlal pedod unbx Nlher party pixa to IM omar H lual ihlrty drys wrlNen ndlw, p~r to aaplnlbn data, ei Inlxllon to brminab ihro Apmmenl upon Ib odplnal or any renewed xplnllon dale. Tlma la
o11M xaenw wlih regard to IMS panpnph. ~
3. SUBSCRIBER AGREES AND UNDERSTANDS: THAT COMPANY ISNOT AN INSURER AND THAT INSURANCE COVERING PERSONAL INJURY,
INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR AMAGE IN, ABOUT OR TO THE PREMISES SHALL BE OBTAINED BY THE
SUBSCRIBER;THATCOMPANY,EXCEPTASSETFORTHHEREIN,MAKE NO GUARANTEE,REPRESENTATIONORWARRANTY,INCLUDING,BUTNOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITN SS FOR PURPOSE; THATTHE EQUIPMENT AND 3ERVICES ARE DESIGNED
TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THA THE AMOUNTS BEING CHARGED BY COMPANY ARE NOT SUFFICIENT TO
WARRANTORGUARANTEETHATEITHERNOLOSSORDAfNAG'EWILLO CURORINCREASEDLOSSORDAMAGEWILLNOTOCCUR;THATCOMPANY
IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR EVEN I DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERALNEGLIGENCE
OF COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES; SUPPLIERS R SUBCONTRACTORS OR TO THE IMPROPER PERFORMANCE OF AND10R
FAILURETO PERFORM OFTHE EQUIPMENT OR BREACH OF CONTRAC , EXPRESS OR IMPLIED; OR BREACH OF WARRANTY, EXPRESS OR IMPLIED,
OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE HE SYSTEM OR ANY CENTRAL'STATION. SINCE IT IS IMPRACTICAL AND
EXTREMELY DIFFICULT TO FIX ACTUAL D'AMAGES'FOR PERSONAL IN URY AND/OR PROPERTY DAMAGE WHICH MAY ARISE DUE TO THE DESIGN,
SALE,LEASE,INSTALLATION,REPAIR,SERVICE,MAINTENANCEORM NITORINGOFANYSYSTEM,AND/ORTHEDISPATCHOFINDIVIDUALSTOTHE
PREMISES;ANDIORTHEFAILUREORFAULTYOPERATIONOFEQUIPME TANDIORTHEACTIVEORPASSIVESOLE,JOINTORSEVERALNEGLIGENCE
OF COMPANY AND/OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLI~RS OR SUBCONTRAGTORSAND/OR'ANY CLAIM BROUGHT IN PRODUCT OR
STRICT LIABILITY AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIL~,D,ANDlOR BREACH OF CONTRACT, EXPRESSbR IMPLIED, NOTWITHSTAND-
ING THE ABOVE PROVISIONS, SHOULD THERE ARISE /4NY:LIABILITY ION THE'PART"OF COMPANY; WHETHER IN CONTRACT; TORT OR EQUITY,
INCLUDING, BUT NOT LIMITED TO; ANY GENERAL, DIRECT, SPECIAL;i CIDENTAL, EXEMPLARY; PUNITIVE AND/OR CONSEQUENTIAL DAMAGES,
IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALGBE LIMITED TO TH MAXIMUM SUM OF a250.D0, AND THIS LIABILITY SHALL BE EXCLUSIVE.
tN THE EVENTTHATTHE SUBSCRIBER WISHESTOINCREASE THE MAX MUM AMOUNTOF SUCH LIMITED LIABILITY, SUBSCRIBER MAY, AS A MATTER
OFRIGHT,OBTAINFROMCOMPANYAHIGHERLIMITBYPAYINGANAD TIONALAMOUNTFORTHEINCREASEINSUCHLIMITOFLIABILITY,BUTTHIS
HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED.TO HOLD C MPANYAS:AN.INSURER.
e. Company MallMw Ma dpht rolndxee ddadesse qn annual charge(a)prwlded in nrprsph2Uxospl ss bihen Ilx unllliM Srk pl iha orlpinel lsrm)el erry time or limes area/ Me axplnlbn of ona year Irom lM dale servlwrowmmencetl uMer
This Apreament upon pWinp Subacrib:r wrillen noliw Mhry (3g) days in edvanw d IM eaectlvs dab el such charge. II SuMr b umvilnnp b pay airy revixd moue/ charge, Subeabsr may Isrminals Mel portion of Ihia AprxmaM rolalinp to Ihoea eervkas
whbh hxe bean incressad by mIIl/Arp Comparry b wrMrp hardy (m) drys pMr ro tlw dbrwix eMedva dale d dv the end by paying eh disrpes for aervba renderetl unill Ma data d IarMnalbn.
rpuen arxf exwnx.SWecriber MlMr undersleikslMlld pulpmml wnkil irmamM-aipnslY ksdwld.plronearwntnws rovadoue lypea oliebphwsline cents,Iwdutle,polntlwire, lAC CUAOUph LOOp.aro., elk Metlwkes en ndlMalllble ark SUbecriber
awdAcaAy eMmvdedpx /real Company does r,ot rprafeM w warnM Ihel are davkas, byslsm or Iha InnamlaNw of sign horn Ma devicsa or Iha Symam via redo Isromalry or IebpMna line xrvka may red be InlenUpiad, drwmxmw d wmpromlaetl.
In WOnbn, 6ubacriber untlwabntle Ihel a dpllal canto/ elelbn wmmunlwld la a rorvsupervisad nportbp dsvks whkil r ulna Me IelaDlrone line to M opendw M a elpnal ro M ranWed by Ma central etMlon; II the Isbplrone IIM b rxp apenlWe IMre b
M intlbedw of Mro led al Hn wntrel aledon ant no slgnN nn ba roceWad by IM onto/ a1Hbn,whea IM INephdro Ibe r alto IMperalWe.
6. 6ulnabar tloea hereby for himxM ark ell paMx daimlrp uMer Mm obese elk Obcherpe Company Irom and epelne++eA hazertlB dweretl M Inaurence or bond. A belnp axprexly underoiooo BM eproed Ihet m Meurmw canpany, mxrer, pr bontling
wmparry or IhNr aurxeseds or aesipns eneX Mw any ripMa desied by a Loan Apreammt, loan Rxsipl. or olhar dke docupronl or pmcsdura, or any dpM d subrpgelbn epslxl Company it Ihs Subacrber b red pronndtstl under IM IMUronw podq or bond
hom wWirp each riphb.
]. SuMdBsr aonx Io iikamnily, daleM ark hok harmrosa Company Irom antl epalnN eA claims, tlsmanda, liabailiea. d mapet bxx, axpencss. bdudnp adomrys Ixa and IBwsdia which may M axertetl apalml p indlrtetl by Company by ar due Ip
any pareonndapanytodde Apf Ild enyaxp.nss,buortlamaw irldudinp,bd red lnnltad lo. ateldory cWA damapet p~wnslblury,dealh edPOrproperry damps, realorpsraonel, adainp outclMatlealpn, eals,bxa, inelspedw.repalr, aervbe, dapekn.
malmawro. mpnirom,p, recordlrp a cdnmvnlcalbnc, apenuon d mnopennan of Ms agiapmeM, wnemer do ro me xla, ImM or cave/:/ wpgerlce d company d us apanu, eervams, empbyeea, suppAan, d wbnnnaddn, bnacn d txmuad, exprxe
or Implbd. bred, of wmeny, exwaaa d bpliad. prodvd or mid IlabAiry, anupr am dean for nnmbmpn d IMemnlAnibni wn.Mx In wnbaci, Ion d agvMy, rkywhnelandbp.mdnbg nm.ixtl nardn ro M. wnMry, Mro wnpapn en:ll Irol apply Io a.ims
Idbas prdamage npxddradly and aderyby me neplganceol an empbr•e ofednpemwnirom5ubedroera pr.miaea. prdvked,Mw.wr:InmiMe axesplim anenbe umil.drod,e aroodmdproeeedsneawalrome:rnpmy.IMUrmwpeApy lbel •ppACede '
to Me d,lm pr .dron. ..
6. In order Thal Company may pedorm Ms xrvkes sal IMh nereln, Subedber agrees ro provke CprrµfenywAh mrean
it any, whkh b Irmorydalstl nnain by rslxence; ask Comperry's alaMaN predbx. Company reserves IM rlpld ro slbadh
pipes, woes d dher Nlw abledls wllhin weAS. Mode, widnps end oMar wzxlatl epebea, antl II li 9uEecriMr s obdp:lbn
br perwnal b1ury, bdudep Goth: d k rxl ayroreowl proparry nusee by d Inwlwrp such hktlen ebNlds duMp cola/
orlro a9enb, aervenla, amDbyxs.auppMn d eubcomreclon. Company madoa rro rapreewnatbn. gomhe,wamnrydp
ahaA n.x r~o neb9ly ror any bee. Gmep., d experwe to svbxdb.r, Indwirp my alr.d, .pwdal.lnd'u:nW, «tkMapn
whalher Ina Glry le eacvaable or rronaxwaada and/or ton b Ms xb; )olnt. d ewverol npllpenw of Cdnpany d M a
e (a) Tide ro NI equipment MaX mmYin sl ell limn b Compmy unbx xb ant uMahdy nldbr: Cemp.ny atoll hsH:
ro axon Comparry7 securlry edaroel In Me aquipmMl. Snouts Subsdbar GIauA b arty payment for dro aqulpmmt. bun
tl eA d Comparyt rlphro aE a eedaed parry uMer dre UMiorm Commsrdal Coda. Sunh nmwal anNd d6conneclbn
dpM to eMOm any olhw legal remedy d dpM. FurMermde, Comparry ahYl M M ro.ylay edipaletl'b/pNr, rxron; d r
even/ bs Aebb ror dl.d. apedsl, lnckemalorooMequmn lexp:nse; bee prtlanpeto the SWa[dEafrcauMrp ham audl
:r xbwnlncbn,, antl Subsdlbx Mreby rdxaea Cdnpany M all mbh Ionodn0 expenn. bxantl demspae timdby
apnea Iha11M eWbmmi, upon Inabaalbn, ahiA nmaln paromal PropartY and M M.avanl slnll M deemed b M.nally
e (b) Due I: Iha dbnplbn b Cohn191ry'a busewx wweo by recdpt d dpnebirom Promrooe red fettle/ tnmrod wllh
ro me xhle,ppMl~d xl~ncapeble ~~ ~ C badrp wren ds Cmilal3lMion, wlinoul any AabdlN lo.Subadlbs7, and SubevA:
plip Mpany, Ns aganla, aarvenls. employees, auppllera or aubcoMndlore.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS PARR
ON REVERSE.
to the Premises
dsnel In MB equipment wk nereuna., ul;dl p le klty Pak M aMSubncdberagiae: k p:rtomnaA ecla whbh maybe newxary
Npnxx and arrpewen Company w rertgvs the sgdpmenl Irom iM~prembx, m dsmlpsd Me equlpmml ant/ to anronx erry
ie dxmatl • waWer d Compsny'e nphl b damaoxauaWned ai a nwN a1SuMlCMr': Glaull. entl Conpeny shall Mw Iha
Ina prmmlxe In IM ev«q IM equlpmard b removed 4 a resuA M Subeaibere bream OI IMa Agreement. Company EnaA in na
intbordlecdmYdbn, wn:MKdue mina eole.ldnl or aware/ nsp112mcY:1 Company, Its epeMa, aervenb, ampbyex, suppliers
xlber b nth regard Rlak of bxd tlamepe k IM pulpmeM eheA pax ro Subacribx upon deAvery to Me pnmbx: Subxdber
epWad to Me premroaa or MI. ,
ubsegwnt ro Ih: Iarmbaden of servbx. 6ubeedGr empowero and aulhodzx Company ro puswebly cots/ Ihe.Pnmiass and
relxxe Company br ad pener:l, epedal, incidental end mnasquanMl axpaMa, lace end damps ro Subecribar. whalMr due
'H 3 ABOVE AND PARAGRAPH 14 (COMMERCIAL TRANSACTIONS ONLY)
oblade, Iallinp wMCh Carilperry sMA nays n
ro of Me System, Bier, II tlus to IM ally: m
of pWpmaM d commaneemeM of aervkas
sea d expanses
d cemp•nr and
ea M.lnmpary
as, npeMax d
TERMS AND CONDITIONS ON THEREVER$E SIDE. ARE AN INTEGRAL FART OF THIS CONTRACT.
SUBSGRIBER ACKNOWLEDGES RECEIPrT OF A COPY OF CONTRA~T.
;
READ THE FRONT AND REVERSE BEFORE SIGNING.
EXHIBIT D
..................y.., ,,,...y,,.,, ,.,. v. uA e,ew w wux:v ruv r,wuroya N roenw won apply n a Wspairone not Pan Wrweni to ihs brmf centelned nxab. Subedbx ahNl
MrwMx received by Company ehx tM date on whkh ouch prymxtl b due. pay Io Company a Ista cherW al X of anY pryment due
18. HCOmpamyaMllwxw nrry«aaehby&ubedlDx,IIaMA MIM WnaWW»swaNnrolany aubeaquanlbnaeh,eM CompxyalNlurorownrd»ary dplW MrouMxsnNI WIMOOMtrued»•weiverplery «eeeh lints»apednwywWetl by Company
In wNNnp. Company's rl9hta haroundar ahnA be cumulsHVe, ern my aphis hsrouMer may M exxciae0 Wneuaenty x caroecutlvsy and sMA klduM sA romadas wsleds under bw eW gully wan dbuph MI expreealy relene0 b neraM.
77, Dbpalch aervla lbMbte wley of reapondrq to the PreMeea upon ncaipl eta alpnN teem Me Prardeea pureuantro MB UndarwMxaLWdabrlas(U.L.)e1eM«MIIaU.L urlNkatbn haeb»nleeuetl:NMU.L.aNllcalbnhu Manbwed,IMndapatM
»rvka conelab eoMly d rsapandln9le IM Promisee within • roaeonede Ilme ehx (q rxelpt of sgMls MnalMnw Iran equipment HI Hle Poetises, and (b) o rvnnsr bxam» wNSde to M depnlched. SubeerMer apnea MN CompaM aha4 hws W IIabRNy
tx any bu, tlamepe m opanan b SubacrMr, MldWlnp airy pManl, epadal, In WSnlel x WMMWanllHl Mmap» ausMnatl ry SWaaroar tlue to ary dNry M 11) dapalchkp any emproy», l2) enhMl N Me ProMa». raperdan d wnoMx IM aNry in e%her
or bent ~eesroaaW»dexrlW-axWaada andbr duerolM wle, lekd arewarri nsp119anca of COmperry or Na eperda. aarveMa, empbyen, auppASnmaweWlradds. NOTE: U.L. eamfled ayanme »Wty mersgW nu of U.L.MMe sleladd»s»d
Me deli d WtsNatlon. II In IM IWUre U.L. atlopb new or tldxsnl apadnWbns Im Ina elated de» Compemy epre», upon raealpi of Wnaant d 9ubsmMx, b paddm aR eervkea nemeery to Bally Me new or dHaraM spsdlkatlens of U.L. Id Me aleisd doss
and SubaaMar agro» le psy aA usb Msred N Company s pre»IRrp durpee.
Central Stedon monibtlnp ssrvke conaisb adelY d IM uNrp by telephone o11MM perry prolaabnN spancbs ands Iha IelephoM number awplae by Subsdber In wrNlnp upon receipt of Npnab InumlHStl Ircm aqulpmeM at tna Poetises. Subscrbar
pre»MN eyneb monllmetl b/any third perry xe MllM responsUlNy olCempanyeM Cpmpany ahNl have M11eb1Ay br xry b»,damapedexpBMSb SUbaalMr, ncludRlq any peMnl, apaclN, MAdaMel ormns tlel da binxl SubxHber
sdainq out of rtbnibnnp W any IhIM parry. squsn mepee eua by
SuMdber apms MN IoBel eudA%n storms msy hwa an edomatle shut off Mvke whleh b tlesgned to auromatk.Ny MW off the alarm anx apundirp for • period of dme. Subadbx ackWwladpes that sn autlbM aMrm whkM hoe been edlvaled ell whkh
h» automethaNy MW off mgsl De maMHly r»Ixed by Bubaodbx. Suoadiber egreeo b check Mla best wdAds slum deAy k d«armins wheMx to raaN Me Narm. %CampaM n» MtWled a but eW41a Nerm and Campsny rsceWae Mlka d Hw awrldnq
of HN aWm. Cawroary wlA call M telphons the Mlsphone number euppead la Company M wdtlnp Oy SubavMSr ro Wray d Ms Wrm WndlHOn.
Aeceaa contra farvke conaleb Wley of Me Idlowbp:
(p Eneh een Hadar sneA have the abAly ro reed xd provke M rseddhp pl Company) N bbrm«ion programmed In the aWau uNa.
Qi) Eecn ettssa caNwlN M programmed wnh Ms IoNOw4q Mlormsllom IMNkuNa hro kmHlylnpnumben, ens expoestl W cent endue Wncseroo M Cud. Umlietbnaon ettsaa b Subecdbefa Prembas,ll anY, aMIlMprovketl by BUMaMer to Comp»y
b wdinp. In eddtbn, each acuu urtl ahnR M programmed ter Me lima grbd during whkh • valb nmry wIM ua d Inri sera may M matle. 6uhsmber nroy aslpub up ro lox Ilms zones dudrp wMW s valk entry may M meM. and may d»Ipnate Id each
btlivkuN card Nu lime mM(s) to M IrnIWM.
pal) Upon behg notlgetl by Subedbr In writing io wnpl a MdNduel'e ksnlNy Dodo, Company ahW eHnd aural nncNblbn.
1B Isl. RepNr servipe consist d pmvkbp M nncesaxy bbm, mrieMl, psN ant equipment to aervke the Syelsm tlue b oNMary wax ell Isar any, pwsuanl b Iha terms hued. N enter service sneA be geld by SubacrMr W e Ilene end m«erlN b»h
sl Campelry'a prau«tlrp charpaa.
1B (bl. Par uN repelr servka Wnsbta of pnWtllnp NI nsusssry labs, metxiHl, pens and pulpmenl ro senlee Ma Subacrbsr'a aysbm, pureuenl ro me bane haraol, end SubauNb« e9reea ro WY Compary W a lNne end m«xlel MNe el Comparryl pravNNnq
charges.
1B (c). MainMnanca WMINS of provkrop all labor rrocsuary le Wpxi the vNlda pMS of dro Sysbm »nuely pre m about Me annhorasry dale d Mb Wnuad m u dharwW apraW In wMinp nM b proNda aA na»assry labor, m0lanal, pW end pdpmed
la aervka ill Syriam sl Hut tlmn dun to mdMary wear ant Mx only, pweueM to Ihs terms Mrad. AN enter aervke shell Os geld by Subaaber on a tlme end m«adal bob al Company's preralltrp Werp».
1B Idl. II IM Syabm la Nub, upon receipt of neike Iron 6ubscrber d Ms rrocnslry to asrvin the Syatam, Conpany egress, punuanl ro Me Mme hsraol, to plvvke eA labor, mNenel, peM ern aqulpmeM to aervlco Me Syelsm do to Htdnery weer and
lax ony. AN dhx xrvks Mal ba pan by Subscrxx u e lime ant mNadN bnsro rat Compxry'e prnvailNp eherpas.
181ei. CompanymMesM rapreasnl8tlon promise, wenaMympuaronl»IMIIMro wNIMMinlerrupWMOlexvkreddNryln peMnnlrp unto. Cpmperry'a wle oblpalbn alter racrivinpa»M»regrest is rodigatCh aaeM»empbyN to lM Premkva
within a resnuabb H me ener a ssrvk. smplHy» bacdn» weRada, tludrq normN buNMSa noun axcAMrq 9 aturoaye, 9urkrya utl hoAtlaya. NIx recNpl d 8ubadbsYe wqueri b d0 ae. 9ubalMr agra» Ihel a request ld sarvke muri M racNVad by Campxry
by 12 Odock noml d e nermel MMbw tlry br Congery b pmAtls aema day »Nke. 9ubscrber aprus Mst Corryurry ahsA nave no IlabNry M ary bas, oemap. d nxpense ro Subxdbar, IndWlnp arq' psunl, epadal, IWkuul or WnsequeMN dempu
auslalnetl by Subsciber tlue ro erry dNry In (1) dapNdtlnp ary employee. (2) xrlval al Me Pnmlaea, m (]I M+ervkNq Me squlpmsnl, raperdbu of wheihsr Ms tlNay b excuselde or MMxwaade soda du to Me axle, ~dnt or swenl npllpanM el Comparry
or Ns epenb, fervaMe, ampby»s, 6uppden m aubWrNncbn.
1811). II la uMxnload and epraetl Mal Company will aarvb the SubamA»Y s 9yabm, but Su W crMr epr»a MN Compem/'s du y b »rvka the 9yebm b a ubf ed b IM Isrma d fhb Apeemenl end wMltbned upon Subadbx ndlybq Company d Ma naMaNly
Id auto axvke, axdatlNq meiniananu aervka, II epplkable. SubeMMr agree to pay Congeny'e minimum sarvka uA charge In Hro avem 6W«ribar does MI provkla accsn u pnmbatl, antl, In nllenee On SubadMr'e rpuaal. Compary edemplalp provroa
saMU sl Mo PrBml»s.
IB 191 II HU BYri.m bMaaatlx AMa Companyprovides ropek, mainMnarrosdmonNOdnp urWn to Subscriber, SubscdMr epr»alhsl ell repelr, roplxertwMxlnalaANlu daddlbrlN pestle ar pulpmanlb Me SYNam ehNl ba aupplhdaM lnaWled by
Compnry oNy. NI alien line, eerWCa sM IMIaIIeNW shNl M paid by SubaMMr u a Nme ark metxbl basis el Compam/a pmaNlnp ehann. InalaA«IW d atltlMaMl aqulpmanl b Me ByaMm eheA noun In sn eddfroMl cnega M repelr, mdnievna end
monN«Mp sorvkaa at Compalb+s preva%inp charpn. SubeMbar epr»s That Comparry sMR Mva Me rlphtel ib sent eplbn, to brmlMb arty lea», repair. meNlanenu anxd moMlonM dNmrod(n) wM Subscrkar ii any ropeir, replettmaM d IneleMlbn
of pooch d equipment xe pMmmad ry oMx Men Company ant MM eheN M a deladl under thla Agreement.
19. Subaerbx egress that Company's pdyadone harawnn an wNved nM rnle»ntl aulometlceAywltMWnoHCe ant wlllbul MadlNy to Cempsry lm arty penxN, apeelN, belHMtel or WnsaquentlHl expMaa, ben or damegabSuMerroer, In Waa Me Canbel
Sutbn WMMInp wires, apulpmeM, arledWiea naua»rybop«aleihe SYriemd CmtrN Slalbn m deslroyM. tlampetl, d IrlopareDb loranynasonwhal6oavx, MlnoduroNpnd eudl MtenupHOn d aervke,and SubedEar anaNM eMiUOdroreimbwaement
of the prGnla Wei pktl for IM period d IMartuplbn on raquut of SubeMMr.
2q. SuMMMr egress ro lumlah, mrieA ntd slippy eA 9Wde, meMnN ell equipment required by 9ubembeye Mnwenu Wr^pary or ether MHy pr eumdlry haWnq Iwladcdon ell 9ubewMr shaA M roaponaiob M ell such Web.
21. II SWxrber IB W Hla Pnmiw x prwkoe Colnpary wnh keys end unrntrklad emu le tna Prxnbas, Gompsny'a ado d%yetlpn b b aMperoh s axvka empby» b Me PMMen wIMM a roawmbb lime ener a cranks empbyaa bacdllea waMds
ener rsuipl d SuMCrbafe rNUaNlp do », baNx b urvba 1M aqulpmxtl. SuMmber apron MN Cpmpeny aMN hwe W IbbAny Idr any bas, tlunpe or expen» ro SWadber, Incbdrq ary general, epsclN, bcltlanlN m WneequMW demep» walsroetl
by Subacrbx du b tlro boa er IhM d any kryf. or tp ary dNry b dlapekhlnp arty nmpbyn, arrival x Me Premisn, d In saMdnp IM equprnanL rpxtlbss of wheMSr me ask Wndud Is exwseda m WMrtnebb antlbr tlue IH Me wb, pint ar several
napApanea at Cdnpany d M agents, serveMa, ampbya», aupplero or auecontradpre.
22. LIMITED WARRANTY
A. COMPANY HEREBY WARRANTSTOSUBSCRIBERALONEONLYTHATALLOFTHEMATERIALINSTALLEDISAQREEDTOBEASSPECIFIED
AND IS IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS. INTHE EVENTTHAT ANY PART SHALL BECOME DEFECTIVE WRHIN ONE
(I) YEAR FROM THE DATE OF THE ORIGINAL INVOICE FOR THIS INSTALLATION, COMPANY SHALL REPLACE OR REPAIR ANY DEFECTIVE PART
WITHOUT CHARQE TO SUBSCRIBER. THIS WARRANTY IS NOT ASSIGNABLE.
B. IF SUBSCRIBER SHALL DISCOVER A DEFECT IN THE PRODUCTS SUPPLIED UNDER THIS AQREEMENT, SUBSCRIBER SHOULD
IMMEDIATELY CONTACT COMPANY IN WRITING OR BY TELEPHONE, AT THE ADDRE$$ AND TELEPHONE NUMBER SET FORTH, AND FULLY
DESCRIBE THE NATURE OF THE DEFECT SO THAT REPAIR SERVICE MAY BE RENDERED.
C. EXCEPT AS SET FORTH IN PARAQRAPH A, COMPANY MAKES NO EXPRESS WARRANTIES AS TO ANY MATTER WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, GRITS FITNESS FOR ANY PARTICULAR PURPOSE;
ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED.
D. THIS WARRANTY DOES NOT COVER ANY DAMAQE TO MATERIAL OR EOUIPMENTCAUSED BY ACCIDENT, VANDALISM, FLOOD, WATER,
LIGHTNING, FIRE, INTRUSION, ABUSE, MISUSE, AN ACT OF GOD, ANY CASUALTY, INCLUDING ELECTRICITY, ATTEMPTED UNAUTHORRED REPAIR
SERVICE, MODIFICATION OR IMPROPER INSTALLATION BY ANYONE OTHER THAN COMPANY AND ANY OTHER CAUSE BEYOND THE CONTROL OF
COMPANY. COMPANY SHALL NOT BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDEN-
TAL OR CONSEQUENTIAL DAMAGES.
SUBSCRIBER ACKNOWLEDGES: THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY COMPANY SHALL NOT BE DEEMED TO CREATE AN
EXPRESS WARRANTY; THAT COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS THAT THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED, CIRCUMVENTED, OR THE SYSTEM OR
SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING, MONITORINQ AND RESPONSE FOR WHICH IT WAS INTENDED; THAT SUBSCRIBER IS NOT
RELYING ON COMPANY'S SKILL OR JUDQMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR PURPOSE; THAT
THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THE AGREEMENT HEREOF.
OR HEREIN, AND THAT ALL IMPLIED WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
23. Comperry anon »rvke Wy Mn cdnponenM d tie Syetsm, 5ubadAMr apreu Met Conpany ten W roapoMAdnry for me Wndnbn or operation of any egWgnenL tlwke, d propary al ary eon of SuMaIMr, Iha IelepnoM cortlperry m oM«s b whkh Me
Syslam ie u¢hetl. II tlu Sysbm lunamll6 slpmk by wtre (tNephona drdtlq, SuMmAMr aCMnowletlpea mri (e) Me CommWlulbn pan»en Ino Syslom el Ma Prsmle» antl Comperry'e pnbN eu11W b Na Me MbpltWa Nn», qfl Ma teleplrone 6Ma may MI
uuamit me WmmuMCetbn Irom Ina Syelsm, entl (c) Companya cab obApedon untlx euW drcumaten»e Is b Mdy the INnphons Wmpemy M« Ms IslapnaM Ibs b MI opmtlrp when CHmpery rnelves IMttmailon aMSkp N of aNd prHDlam. II Hie BYNSm
m M tlwkaa IruaMta elpnNS by Halo Mameby, SubedlWr uMarolenda Mat a ratlb MNmsby syriam ro a Wn-eupgvbed rsponhp dsvin whkh rsgWm HpxabM artlmn» eW n W IMMernnca wlih redo we» IrenemleabM for a egnel Ip M Irenammetl
DY Mvkns mdM rspNM by tlw trwldnar arbor cnnlN abMn; II HMro b MNedsrence d Me tranambabns Hr N W entsnn» xe Inopsrawa, loan ro M MduHon d mla lad el IM Cu1rY sleNOn end M slpMl qn M IranemMed by IM devices d Syriam
end'or reuNetl by IM Canbal SMllon wMM Ina IntnneranM sMlor InopmlNe cdrdllon untlnua.
2t. AN tlsNne, sclbM or poesadinpe, Meal oregWMds, apnlMl Compxry MuNM mmmerrosd in Wanvdwn oM (1) yex soar Msuuss d edbn ten ecduatl «Iha ad. emlaskn orwanl aeeurted homwnkh ill steam, eedu x prWeednq arWa, whNmwx
M ender, wNhoul %ro1c41 ekaubn of tltM, m oak dahn, setlu or ganadap le bartnd, tlme beirp d ill susna of mis parepraph.
24. TMS Metnmanl cpMaku lM man Aprsxnul Mlwesn dro pNMe henro wlM roapeetrolhe traneectlone deambnd hweb end eupenMxaA prevbueaM Wnlemporeneon nepotlalbna, commltmeMe, ranrada, axprsn ar Nnpgatl, wanxHbe. express
d Impnw, etetsmenu end rexeaentetlpna, wnxher carmen of venal, penNnlrp tMrxo, eH pl whlah ehN be tlaemed merged pro fhb Apraemui. NsMMf pent' Ms auHroMy ro metes x delm xry raprsaeMalbn, term, prcml», cxblMn, xatsment, wxrsnry,
d InNCemanl wnkh b not exmnaed hxsin SMUk airy proNabn h«eol, or M apWktUon 1o xry cNCUmaleWea, M hsk Riegel, InveNd d unsnlmaebb b xry nkeM, tlro veAdry era anrores.dliy d the remeaberal inn goNebn ell Ma InslMmeM, d d wtn
provbloM a epptled b any plher drwmatenaea, aheH rot ba e%adea IM'eM, entl anN Wndnus M lull lone ant sHad n relk, blMrp end subdetlnp. M W nngn or emaMmsnls b INa Agreement mul M In wnHrp ell signed by Ina panba ro De bMdng
en ms panto.
28. TM accoplenon of ws Apeemanl In wMhp or by cour» of WMuet d payment by Subsmbx waMn all Metro BM WMRbne WnlaMetl M any WrMa» emu, eekmwlntlpmeM d ewlrad aubminatl by Subacdbar ono Suuerkar apron that M other
Ierm6 or WMIIbM conMined In any SuMmbar tlowmeM, unbee alpne0 by sn eWMrlied onkx of Company, whNher IM» lama d cerltlNiHM M eddhbntl ro, dmMnl cram. d caMlklMpwim Me Ixms end WndXions haraol, eMll M dnametl X iutlntl herein
d epreetl b by Comparry. NeRnx IM leiku d Company to aged to any cdnmunk«bn hxn 6uDecribsr, nor any psfldmenb by Compery eMR M deemed nn scc.ptenca d erry Mme or WMXbM whkh xa addxbMl ro, dHared Irom, x WnRicNnp wNh
Ino farms and WMWoru WnlainM MMn.
27. In Me event iN pMMe N» execute u InaieNmenl Centred. Ihls Apreemeni shad na M bintltrp upon eHMr gory until IM Inele9meM Cpntrod b ettsplad by IM Meulnp agar 7.
28. II, el any Ilene ener qM date Mr»I, atltlltbnN equlpmani or aeMcn ero aWhonzetl by SuMdber, eR setae, lessee, batMelkn end aeMCAS supplletl by Cdrryelry ehM M eub)ed ro ale lerma ai Mls Apreemonl Onry, excap that etltlllbnal cheryu shah
ba matle for such addliWal sales. ISaaaa. InslaHNlon ar esrvkaa.
29. SuMCdbsraprsn entl etluxmbtlpeelnxlMproviabneolMb Agreement lnurarolhs benalN Ol entl en eppAUble Harry a116conHHDlore engaged by Company lepnvka er8'esrvks sallHnh herelnroSUMdber,BM bkd SUbacriberrosek aubWlllrMar(a)
with Ms acme Iacs end eHecl a may bIM SuMdber ro Company. Subeuber spad(kapy aprns to tlelantl, IMemnHy sW hdtl harmless Company Iron antl paiPri ell dome by any Bubcontredor erpapeo by CCmpeny.
30. sUMCnwfacknpwlaegn loaf Company maynWrd wire and oral communkeliua and hsnby cpnaenta ant adhonxn COmpanybeo record allxnh communlcaNOM Mlvroon COmp«ry,SU«nrlbar andlor SuMttMSh apenb,wrvuta, emplryooe antl/
ropro»nlawo.
or]A. SvDacnbsr sprees ro fupplY eA proper arltl n«enary eledrlcal power td aymem operatl W.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the attached Answer and New
Matter has been served on the following counsel of record via U.S. First Class
Mail on May 10, 2010:
Philip H Spare, Esquire
Stock and Leader
Susquehanna Commerce Center Suite E600
221 West Philadelphia Street
York PA 17401
8