HomeMy WebLinkAbout04-2448COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nu O L-:+/ Gl( l i . 1
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
date and in the case mentioned below
NAME OF APP6UM
Francis X. Brescia, Jr.
ADDRESS OF APPELLANT
Rt. 322-22 RD #1 Box 247
DATE OF AiDGMENT N THE CASE OF (Waftff)
MAO DIST. NO OR NAME OF Dl.
9-1-02 D.J. Manlove
CITY STATE ZP c(
Dauphin
PA 17018
!DC/mya,?l
5/14/04 I Zeplin security Grou , Inc. rs Francis X. Brescia, Jr.
CLAIM NO SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
Cy b9-- 00001 30-04
LT 19
This block will be signed ONLY when this notation is required under Pa R...J.P. No If appellant was CLAIMANT (See Pa. R.C.P.J.F
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he h
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days
Signature of Prothonotary or Deputy
filing his NOTICE of APPEAL.
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.JP. No. 1001(7) in action before District Justic
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Zeplin Security Group, Inc. , oppellee(s), to file a complaint in this aF
Name of appellees)
(Common Pleas No 1 - ? e'jV [ I ) within twenty (20) days after service of rule or suffer entry of judgment of non 1
?s of appe,-t a his attorney o
RULE: To Zeplin Security Group, Inc. ,appellee(s).
Name of appelleefs)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of services of this rule if service was by mail is the date of maili
Date: M-erY `-=? . T9?V. `? -
AOPC 312-e4 COURT FILE TO BE FILED WITH PROTHONOTARY
ZEPLIN SECURITY GROUP, INC., IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. NO. 2004-.2448 CIVIL TERM
FRANCIS X. BRESCIA, JR. CIVIL ACTION-LAW
Defendant JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO OUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
ZEPLIN SECURITY GROUP, INC.: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 2004-24413 CIVIL TERM
FRANCIS X. BRESCIA, JR. CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
ANSWER TO COMPLAIN T'
AND NOW, this -13L day oT, /?, comes the Defendant Francis X.
Brescia, Jr. by and through his Attorney, Joseph ` J. Dixon, Esquire who respectfully
responds to the Complaint as follows.
1. Admitted.
2. Admitted.
3. Admitted in part. Denied in part. It is admitted that the Defendant signed an
Agreement with the Plaintiff. It is denied however that the Plaintiff ever designed
a security system and no such design or plan was ever submitted to the Defendant
for his approval.
4. Admitted.
5. Denied. After reasonable investigation the Defendant is unable to ascertain the
truthfulness of this averment and proof of same is demanded at trial. By way of
additional answer however, the Plaintiff never submitted to the Defendant a
design for a security system for his medical office.
6. Denied. To the contrary, the Defendant on many occasions made his office
available for the installation of the security system which the Plaintiff never
installed.
7. Denied. Said averment is within the exclusive knowledge and control of the
Plaintiff and proof of same is demanded at trial. By way of further answer
however, two (2) specific dates for installation were agreed upon (July 13, 2001
and August 2, 2001), the Plaintiffs never showed to install the security system.
8. Denied. The Defendant never refused to allow the Plaintiff to install the security
system. By way of further answer, the Defendant notified the Plaintiff that his
offices were available on Thursdays for installation. The Plaintiff never showed
up to install the security system.
9. Denied. Said averment is a conclusion of law which requires no response. To the
extent however that a response is required, the Plaintiff's failure to provide the
security system to the Defendant within a reasonable period of time voids the
contract and any duties or responsibilities of the Defendant to the Plaintiff.
10. Denied. Said averment is a conclusion of law which requires no response. To the
extent however that a response is required, the Plaintiff never installed the system
that he is seeking payment for at this time.
11. Denied. Said averment is within the exclusive knowledge and control of the
Plaintiff and proof of same is demanded at trial. By way of further additional
answer, the Plaintiff understood after the extended delay that the initial down
payment of Seven Hundred and Fifty Dollars ($750.00) for the new security
system was to be applied for monthly monitoring charges of the older security
system that was on the premises.
12. Admitted in part. Denied in part. It is admitted that in addition to the Seven
Hundred and Fifty Dollars ($750.00) originally paid and to be credited for
monitoring of the old system, the Defendant paid an additional Eight Hundred
Dollars ($800.00) for monitoring under the old system.
13. Denied. The actions and conduct of the Plaintiff excuse any performance as a
matter of law of the Defendant under the terms of the contract. By way of further
additional answer, the Defendant has paid the monthly monitoring fees for the
older monitoring system currently on his premises though the date of termination
of services on April 15, 2004.
14. Denied. Said averment is a conclusion of law which requires no response. To the
extent however that a response is required, the Defendant has been damaged by
the breech of the Agreement by the Plaintiff in the form of delay and other costs
which are unascertained at this time.
15. Denied. The actions and conduct of the Plaintiff in never installing the new
security system excuses any obligation of the Defendant in paying for a system
that he never got. By way of further additional answer, no monies are due and
owing for the security system never received.
16. Denied. After reasonable investigation the facts of this averment are within the
exclusive knowledge and control of the Plaintiff and proof of same is demanded
at trial.
17. Denied. Said averment is a conclusion of law that requires no response. To the
extent however that a response is required, the Plaintiff's actions and conduct
voided the contract and any claim for attorneys, fees is not due under the law and
is unconscionable.
18. Admitted. By way of further additional answer, all services from the Plaintiff to
the Defendant were terminated via a letter from a letter from Attorney Joseph J.
Dixon, dated April 15, 2004. By way of further additional answer, despite receipt
of said letter, the Plaintiff continues to bill the Defendant for ongoing monitoring
services.
19. Admitted.
20. Admitted.
21. Denied. By way of further answer, the Defendant has paid Seven Hundred and
Fifty Dollars ($750.00) to the Plaintiff which was to be applied to ongoing
monitoring services as agreed upon by the parties.
22. Denied. It is denied that the Plaintiff ever fulfilled its responsibilities to install the
system. The Plaintiff never did. By way of further answer, according to the
Plaintiff's own calculation, the Defendant has overpaid the Plaintiff Twenty Eight
Dollars ($28.00) for monitoring services on the older system.
23. Denied. Said averment is a conclusion of law which requires no response. To the
extent however that a response is required, the Plaintiff materially breached a
contract by never installing the system. This voided any obligation of the
Defendant to pay for the security system. By way of further additional answer,
the Defendant never received a bill for the alleged Three Hundred Seventy Nine
Dollars and Ninety Two Cents ($379.92) due and owing for work on the system.
24. Denied. Said allegation is within the exclusive knowledge and control of the
Plaintiff and proof of same is demanded at trial.
25. Denied. By way of further answer, the Plaintiff never performed the work of
installing the new security system on the premises.
26. Admitted in part. Denied in part. It is admitted that Defendant initially agreed to
pay for the new security system subject to design approval. By way of further
additional answer however, the Defendant never agreed to pay for a new security
system that he never received.
27. Denied. Said averment is a conclusion of law which requires no response. To the
extent however that a response is required, the actions and conduct of the Plaintiff
in materially breaching the contract excused performance by the Defendant.
COUNTER CLAIM
28. Answers to paragraph 1 thorough 14 of the Defendant's answers are incorporated
herein by reference and made a part hereof.
29. The Counter Claim Plaintiff Defendant Brescia believes and therefore avers that if
the Plaintiff Counter Claim Defendant had in a timely manner installed the new
security on his premises that the monitoring rate for his business would have
dropped to Twenty Three and Seventy Five Cents ($23.75) a month as opposed to
his older monitoring rate of Thirty Three Dollars and Seventeen Cents ($33.17) a
month.
30. Over a thirty four (34) month period of time, the above would have saved the
Counter Claim Plaintiff Defendant Three Hundred and Twenty Dollars and
Twenty Eight Cents ($320.28).
31. The Counter Claim Plaintiff/Defendant had to pay his staff overtime on two (2)
occasions for them to stay at the office to allow installation of the new security
system. Said cost to the counter claim Plaintiff/Deferidant is Five Hundred Eighty
Dollars ($580.00).
WHEREFORE, the Defendant prays this Honorable Court dismiss the
Complaint against him and enter a Judgment against the Defendant in the amount of
Nine Hundred and Twenty Eight Dollars ($928.00).
Respectfully Submitted,
os J. :Dixon
126 State Street
Harrisburg, PA 17101
(717) 236••8515
Dated:
__i' u?
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this AI W e god gjr Clare true and
correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S.
§4904, relating to unworn falsification to authorities.
Dated: / Q
CERTIFICATE OF SERVICE
AND NOW, this 15`s day of July, 2004, I, Joseph J. Dixon, Esquire, hereby certify that I
have served a true and correct copy of the foregoing document this day by depositing the same in
the United States Mail, first class, postage prepaid, in the Post Office at Harrisburg,
Pennsylvania, addressed to:
BANGS LAW OFFICE
MICHAEL L. BANGS, ESQUIRE
429 S. 18TH STREET
CAMP HILL, PA 17011
By: ,? _
Jos6ph J. Dixon, Esquire
Attorney ID No. 28290
126 State Street
Harrisburg, PA 17101
(717) 236-8515
Attorney for Plaintiff
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN N ',); DAY A - " ° _e ,` app app ':abia oozes)
NMONWEALTH OF PENNSYLVANIA
JNTY OF ;ss
'FIDAVIT: I hereby swear or affirm that 1 served
a copy of the Notice of Appeal, Common Pleas No ;pon the Dior -t Jtis` ra designs >
(date of service; ?9-, ? by persuna: uervice J by _ceruthedj ;registered, senders
receipt attached hereto, and upon the appellee. (name) ___._
r
19-_-_il by Pe=sor r. servrce l ?y s(,crLhe , ..,t hereto
i? a°;., further, el ; serve.it ,e Race ti, -eak.ave Notice of A Oua. upon the appetleels) to whi
the Aule was addressed on 9..
mall sender's receipt attached hereto.
rORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
IS nAy OF 19
Signature of affiant
Inature of official before whom affidavit was made
'le of official
y commission expires on . 19_.
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05/22/2004 19:19 7179213305 DR FRANCIS X BRESCIA PAGE 02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
M,p' D+u. N.,
09-1-02
ROBERT V. MANLOVE
"tl0K' 1901 STATE STREET
CAMP HILL, PA
Ta4A,ceer (717 ( 761-0583 11011-0000
FRANCIS X. BRESCIA, JR.
RT 322-22
RD 1 BOER 247
DAUPHIN, PA 17018
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for: (Name)
7X Judgment was entered against: (Name)
NOTICE OF
VL CASE /TRANSCRIPT
I
PLAINTIFF: NAME,idA RESS
rZRPLINaS SECURITY GROUT, INC.
PO BOX 144
CAMP RILL, PA 17011-0144
L J
VS.
DEFENDANT: NAME and AOORESS
rBRRBCIA, JR., FRANCIS X 1
RT 322-22
RD 1 BOXX 247
LDAUPHIN, PA 17018 J
I
DocketNo.: CV-00001:30-04
Date Filed: 4/05/04
FOR PLATNTTFF
ZRDT.T10e8 RRf4revmv fain P, Tun
R10R9[!TA, JR , FPINICTa T
in the amount of $ 4 , 674.09 on:
E] Defendants are jointly and severally liable.
(Date of Judgment) 5/14/04
(Date 8 Time)
D Damages will be assessed on: Amount of Judgment $ 4.517.5,4
Judgment Costs $ 116.50
Interest on Judgment $ .00
This case dismissed without prejudice. Attorney Fees S .00
Total $ 4,634.09
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 6127 $ Post Judgment Credits $
Portion of Judgment for physical Post Judgment Costs $
damages arising out of residential ""--0E-
lease $ Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY PILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANO MPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date '"Cl o .... %41striet Justice
: "r''i
I certify that this is a true )1! o /the prodeedingy ccdoA RRin I thq judgment
J-
Jr Date ? ??d! i i '-?? vfDistriet"JUStice
My commission expires first Monday of January, 2006 - --SEAL
....,n - 11 - L,w ,nw e. q9.[:L DIN
Cx)
PROOF OF SERVICE OF NOTICE OF APPEAL AND !RULE TO FILE
(This proof of service MUST BE FILED S:4Tr- ,fit TEN (1G/ DAYS AFTER tiling the /once of appear.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that I served
171
SWORN (AFFIRM,ED) AND SUBSCRIBED BEFORE ME
THIS DAY OF i /
Si lure o7 o//ic' before whom ,e'hams ?ado
uue of of/icial /
MY commission expires on 7_____ 2? _ ?2p6s
NOTARIAL SEAL
IJly 0et {hr Natary
pa c
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boxes)
s copy of the Notice of Appeal, Common Pleas No VI
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(date of service ? the 1. upon th D-
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designated therein on
receipt at+ached hereto and upon hP pfy b 'ice V r d e
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P e, (name! ?Q , ' Y certified re lstered mail, sender's
by personal sere V3pt a.tache
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ar,d ur rr.r the r: ?b erL ieegistered rail sender'S rrec +
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ft,t: S%
rued it. e Rule to File a Complamt accom an -
!'le Rule w s adr! 1r " , t ht rove iJoG eo}Appeal upon rhea pet feet) to who rn
ssed or lAYl e ? 2
may!, sender's receipt attached hereto. "Y Persona so vict' b
' ? y (certified (registered)
Signature of al7iant
NOTICE OF AIPPEAt
COMMONWEALTH OF PENNSYLVANIA
JUDICIAL DISTRICT
COMMON PLEAS No (' 1-
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case menfialed below
?: v.T a wMF tX D.1.
FROM
DISTRICT JUSTICE JUDI3MENT
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CV t? 0U0?1"?c1-04
LT 19 nimd under Pa.
This block will be signed Unu when ?•,,' "'•.-.._...- --
1008& t,ict This Notice of Appeal, when received she Dis case.
SUPERSEDEAS to the judg pos5esi in this
Signature o/ Prothonotary a Deputy
17018
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
too 1(6) in action before District Justice, he MUST
FILE ACOMPLAINT within twenty (20) days after
filing his N07-ICE of APPEAL.
PRAECIPE TO ENTER NULL w rsru ..-••-- -- ---
of appeal to a DEFENDANT ( 11Paj R.C.P.J.P. No. 1001(7) in action before District Justice.
(This section of form to be used ONLY when
IF NOT USED, detach from copy of notice PRAECIPE: To Prothonotary
lee(s), to file a complaint in this,apped
. PPS
Enter rule upon Ze tin Secu.A'ia Grou Inc a
rJame of appellees)
(Common Pleas ?? ??. ) + ) within twenty (20) days after service of rule or suffer entry of judgment of ran pros
04 q1.?
No. n
I epppellant a his attorney a agen
Ze 1in Securit Grou Inc appolee(s)' "'17 i
RULE: To , of appelAWs) n= r '"
hint in thr? after the dale of
(1) You are notified that a rule is hereby entered upon You to file a comp 1>PF
service of this rule upon You by personal service w by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS VJRI BE ENTEREDg AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailirll. - ?,
U U ? \ > s Of
Date: -'
COURT FILE
ApPC 312-80
and 3• is deskedP
eilvery
address on the reverse
address
1 the card to You.
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3. Serveffied Type
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D. Is efrveN addres s different from a
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If YES, em
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Domestic Return Receipt
8?y1 "ust2001
115 3?o?a ?X
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UNITED STATES POSTAL SERVICE
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Sender: Please PeNo. C-10
Print your name, address, and ZIP
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item 4 if Restricted Delivery is desired.
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so that we can return the card to you. Received'
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or on the front if space permits.
1. Article Addressed to:
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D. Is delivery ad'd'ress different from Rem 1?
If YES, enter delivery address below:
Date of Qglivery
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? Yes
No
3. Sent Type
Certfied Mail
? Express Mail
? Registered' ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number -7 O 1 J J O 1cl 2 Ll j C) ? OQU? -7 7?
(transfer from service label) f y
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-15,10
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UNITED STATES POSTAL SERVICE ?. - First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, add ms: , and ZIP+4 in this box
LAW OFFICE OF JOSEPH J. DU; ON
JOSEPH J. DIXON, ESQ.
126 STATE STREET
HARRISBURG, PA 17101
F. 6r¢SCiGL jr
iI111'II I?I?Ifllf 1111'III
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ZEPLIN SECURITY GROUP, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
V.
NO. 04-2448 CIVIL
FRANCIS X. BRESCIA, JR.,
Defendant
TO: ZEPLIN SECURITY GROUP, INC.
Date of Notice: June 25. 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT
IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUEDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOUD 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 A130UT 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 S BEFORD STREET
CARLISLE, PA 17013
(717) 249-3166
B D
Joseph J. Dixon, Esquire
126 State Street
Harrisburg, PA 17101
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ZEPLIN SECURITY GROUP, INC.,
Plaintiff
VS.
FRANCIS X. BRESCIA, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUM13ERLAND COUNTY,
PENNSYLVANIA
NO. 2004-2448 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
ZEPLIN SECURITY GROUP. INC. / BRESCIA COMPLAINT / DISK ]l
ZEPLIN SECURITY GROUP, INC.,
Plaintiff
VS.
FRANCIS X. BRESCIA, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-2448 CIVIL TERM
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiff, ZEPLIN SECURITY GROUP, INC., by and through its
attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint:
1. The Plaintiff, Zeplin Security Group, Inc. ("Zeplin") is a Pennsylvania corporation
with its principal place of business at 2026 Market Street, Camp Hill, Cumberland County,
Pennsylvania.
2. The Defendant, Francis X. Brescia, Jr. ("Brescia") is an adult individual whose office
address is 722 Allegheny Street, Suite 3, Post Office Box 247, Dauphin, Dauphin County,
Pennsylvania.
3. On or about June 26, 2001, Brescia entered into a contract with Zeplin ("Agreement')
wherein Zeplin agreed to design and provide a security system for the purchase price of
$3,000.00 plus ongoing monitoring over a five year period at $23.75 per month. Attached hereto
and marked as Exhibit A is a true and correct copy of the Agreement.
4. Brescia paid the initial down payment for the system in the amount of $750.00.
5. Zeplin, upon signing of the Agreement, designed a security system specifically for
Brescia at his medical offices located at 722 Allegheny Street, Suite 3, Post Office Box 247,
Dauphin, Pennsylvania ("Premises").
ZEPLIN SECURAW CROUP, INC. / BRESCIA COWLAIM/ DISK ]]
6. After designing the system, Zeplin informed Brescia that it was ready, willing and
able to install the system on the Premises.
7. Zeplin, on numerous occasions, contacted Brescia to arrange for a time to have the
security system installed.
8. Brescia refused to allow Zeplin to install the system. Zeplin was, at all times, ready,
willing an able to install the system that it designed specifically for Brescia.
9. Zeplin has performed all of its duties and responsibilities under the Agreement signed
between the parties.
10. Zeplin fully performed all of its duties and obligations under the terms of the
Agreement between the parties.
11. Zeplin demanded payment for the security system and the ongoing monitoring from
Brescia.
12. Brescia paid the initial deposit and an additional payment of $800.00 towards the
monitoring system, but has made no payments towards the ongoing monitoring under the terms
of the Agreement.
13. Brescia breached the agreement between the parties by his failure to pay for the
security system and to pay for the ongoing monthly monitoring fees.
14. Zeplin has been damaged as a result of the breach of the Agreement by Brescia.
15. Under the terms of the Agreement between the parties, Brescia owes to Zeplin the
sum of $1,450.00 for the security system and $1,425.00 for the monthly monitoring for a total of
$2,875.00.
2
ZEPLIN SECURITY GROUP. INC. /BRESCIACOMPLAINT / DISK ]]
15. Zeplin has hired Michael L. Bangs, Esquire, at the rate of $165.00 per hour to collect
the outstanding balance due.
16. Under the terms of the Agreement between the parties, Zeplin is entitled to recoup its
reasonable collection costs, including its attorney's fees.
17. Brescia had also contracted with Zeplin to provide ongoing security monitoring for
his home and his business prior to entering into the Agreement.
18. Brescia agreed to pay a total of $52.17 monthly for the monitoring of which $33.17
was for his business and $19.00 was for the residential monitoring.
19. Zeplin provided the monitoring service for Brescia until Brescia terminated the
monitoring through his attorney effective April 15, 2004.
20. Brescia has failed or refused to pay for the monitoring that was performed by Zeplin
and has been billed by Zeplin to Brescia in the amount of $722.00.
21. Brescia has breached the agreement with Zeplin by his failure to pay for the
monitoring that he contracted for and agreed to receive from Zeplin.
22. Zeplin has fully complied with its responsibilities and duties under the terms of the
agreement in that it provided the monitoring services to Brescia.
23. Zeplin also performed certain tasks on the security system at the request of Brescia
and was invoiced for that work on three separate occasions which totaled $379.92.
24. Brescia ordered the work to be performed from Zeplin and accepted the work
performed by Zeplin.
25. Brescia agreed to pay for the work performed by Zeplin.
ZEPLIN SECURITY GROUP. INC. / BRESCIA COMPLAINTI DISK ])
26. Brescia breached the agreement with Zeplin by his failure or refusal to pay for that
work.
27. The amount due and owing to Zeplin for the monitoring work and work done on the
system equals $1,101.92.
WHEREFORE, Zeplin demands judgment against Brescia in the amount of $3,976.92,
plus attorney's fees, plus costs.
Respectfully submitted,
MICHAEL L. BANGS
Attorney for Plaini.if
429 South 18th Stree
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
2EPLIN SECURITY GROUP, INC. I BRESCIA COMPLAINT I DISK ll
VERIFICATION
FRED W. ZEPLIN being duly sworn according to law, deposes and says that he is the
President of Zeplin Security Group, Inc., a Pennsylvania corporation, the Plaintiff herein, and
that as such officer, he is authorized to make this Verification on its behalf and that the facts set
forth in the foregoing Complaint are true and correct to the best of his knowledge, information
and belief, and further understands that false statements herein are made subject to the penalties
of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
ZEPLIN SECURITY GROUP. INC.
B4FD "'
W Z"LIN
EXHIBIT A
,3io,? 0Z/
ALARM SYSTEM AGREEMENT
This Agreement iif-dated -_-.between ZEPLIN SECURITY GROUP, INC. (the "Company") and you the
"Customer"). This Agreement covers the system ested'on Schedule A or any system the Company takes over from another company -ithe
"System") and any services requested below for the following location (the "Premises"). The Company has written this Agreement in simple,
easy-lo-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 (JCL pgR_rVVI ) tp'L1a.LV.L.C, tX v JU C.A.?LX.e
PREMISES: ADDRESS: _ ! l /if .S /
?au?/lf,h
TELEPHONE: / 70
TYPE OF ACCOUNT: Consumer Use
Commercial or Bu siness Use
ESTIMATED INSTALLATION DATE'.
CHARGES AND FEES'.
l
)
P
P
l
h
y
urc
rice (sa
e on
ase s'
Due at signing
Due when the System is substantially
installed 3Nzl 6
Installation Charge (sale or lease) $
Due at signing a_
Due when the System is substantially
installed
Take Over Charge (due at signing) 5 -
Lease list Payment) s
TYPE OF MONITORING'.
Radio Other:
Telephone Cellular
Lease Fee f /month
Monitoring Fee 4;Z;C rmonth
Other $-/month
Repair Fee $ -/month
(beginning after the Limped Warranty ends)
Total $_/month
All fees are due in advance as follows:
monthly quarterly annually
Option Price (for purchase of System
at and of the initial lease Term) s
6 F TT?HE FOLLOWING SPECIFIC TERMS (A F) APPLY ONLY IF A CHARGE FOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW,
W 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.
The Customer must notify the Company in writing of any problems
within 30 days after the installation. The Customer must pay for any
additions or changes, to the System beyond those shown on
Schedule A.
? B. Take Over. The Company agrees to take over the operation of
the Customer's existing System and the Customer agrees to pay the
charge for taking it over. The Customer represents that it owns the
System. After the take over, the Company will always own the
r an smarting device, which contains the Company's proprietary data.
C. $ple. The Company agrees to sell the System and the
Customer agrees to pay for it. The Company will own the System until
the Customer does so. After that, the Customer will own the System
except for the transmitting device, which contains the Company's
proprietary data and which the Company will always own.
? 0. Lizisg. The Company agrees to lease the System to the
Customer for an initial term of __ years from the date of this
Agreement and the Customer agrees to pay the Company the lease
fees. After the initial term, the lease will automatically renew for
successive similar terms. The System will always remain the
Company's property.
As soon as the Company reasonably can, it agrees to repair the
System due to ordinary wear and tear. If there is any problem with the
System which is not due to ordinary wear and tear, the Customer
agrees to pay the Company to repair it at the Company's then-current
charges.
At the end of the Lease, the Customer will return the System to the
Company in good condition, except for ordinary wear and tear. If the
Customer fails to do so, the Company can peacefully enter the Premises
and remove the System, but the Company has no obligation to do so.
Once the Company receives a signal, the Company will try to
notify, over the regular telephone lines, the agency(s) and/or person(s)
identified on the Customer's information sheet However, the
Company will not notify anyone if it reasonably believes that
notification is not required
The Customer agrees to give the Company a completed
information sheet and to update it as necessary. The Company is
entitled to rely solely on the Customer's information sheet. The
Company is not responsible for trying to contact anyone else.
It the Company cannot connect the System to the telephone
lines, then the Customer must contact the telephone company, which
install and bill the Customer directly for any telephone lines or
will equipment.
The Customer understands that no form of monitoring is error
free. The Customer also understands that the Company is not
responsible for any interruption of service due to any cause beyond
the Company's control, such as faulty telephone lines or any damage
or destruction to the Company's equipment or facilities The
Company is not requited to supply monitoring service to the Customer
while such interruption continues- If the Customer requests,
however, the Company will give the Customer a pro-rata refund if the
interruption lasts more than 24 hours and is due to any damage or
destruction to the Company's equipment or facilities.
? F. Reoa'r. The Company agrees to provide repair service to
the System for an initial term of years after the end of the
Company's Limited Warranty and the Customer agrees to pay the
Company the repair fees. After the initial term, the repair services
will automatically renew for successive similar terms. The Customer
agrees not to allow anyone besides the Company's employees or
agents to repair the System.
At the end of the initial lease term, the Customer may purchase the
System by paying the Option Price. For more information, refer to the The Company will provide all labor, material and parts necessary
#}utachad 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. Monipence. The Comyrany 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 UNDERSTOOD THIS AGREEMENT, ESPECIALLY THOSE SECTIONS ON THE
REVERSE SIDE RELATING TO ITS PROTECTION OF THE COMPANY AND THE COMPANY'S LIMITED LIABILITY AND WARRANTY.
(CONSUMER TRANSACTIONS ONLY) YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT
OF THE THIRD BUS}JNNESS DAY AFTER THE DATE OF THIS TRANSACTION. PLEASE SEE THE ATTACHED NOTICE OF
CANCELLATION FjbRM FOR AN EXPLANATION OF THIS RIGHT.
CUSTOMER:
ZEPLIN S ITV GROUP, INC.
By:
al arson
Authorized Representative
GENERAL TERMS.
1. LpMIITATIQdiQF._ THE_G9M.PANY'.S... 1.1.,601LITY. IF THE
COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGt 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 S750.00. THE
COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR
AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER
AND THE COMPANY. IFTHE COMPANY DOES SO, A RIDER WILL BE
ATTACHED TO THIS AGREEMENT.
THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY
OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR
AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY
BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY
(INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE) AND ANY OTHER THEORY OF LIABILITY.
THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST
PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF
PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND
CHARGES; AND THE CLAIMS OFTHIRD 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. Inference, The Cuslomer understands that THE COMPANY IS
NOT AN INSURER.The Cuslomer is responsible for obtaining all insurance
mC Luslumet thinks Is necessary. InClLtdmg coverage fur personel injury
and property damage -The payments the Customer makes under this
Agraemenl are not related to fine, vSub of the Premises or the Customer's
posses=Ions, but rather are dosed on the cos of lee System end the
Unmpanys saryiIas
Tne Customer releases led Cornpaey four any habrdidy or any event
or lend Iran covered by fee Custornars Insurance.
F1' lao'ne 'IC ?V1F06 fr 1 r °s1PT Is torqued tb leaned,
t r ndnate CI' rimes. Tm, Cr many noes hot guaranty flat the
S,rem w.l prev,to pl.anal oul, le lIr zee ,vranQS or fire and
lines, _herl to me Pmmiste rrc Con ern, assumes no rectify for
n ,it,
3 Limited Warranty.
ref for 12 months from the date of this Agreement the Correctly
warrants that it any foul of the System toes nil wink, because of d dofoct
I, because of ordinary wear and rear the Company will repair or replace
that milt at nn charge to the Customer. The, Company tray use
econddbennd parrs In making repasts, but the Company warrants the
replacement Parts only for the warranty period.
ITm hrnnetl warranty does not cover butanes in wireless devices, nor
dads n apply n me Systam Iles been damaged by acts beyond the
Cdnopany', comrol. Such acts include. econoth e power surges, a rsus'e,
r ,per use rt trice _nau r z o it i,, nr. pr lots of Cod tsudt
at res. earthquakes, tornados, etc L
The Customermust ndafy the Corepany rally prohlent the Customer
clai ns the Companys funned warranty covers within me warranty period.
Tile Company will repair me problem as soon as it kepsenably can after it
receives Ire Cus,oi notice.
tb1 The 1 hiked warranty is Rte Solo Snr,m y one Company inside, Is
have only n the (, npany S,1,fCd the S,uaim. and lakes Is place of all
other warrant es whether express onrmpred. 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 Compeny does nil promrsen t r e Systam o he services daonot
he compromised or that they Chi always provrdn the Heeded signaling,
mIntense or drop, service It a coup decides the Company has given the
Custontor any implied warranty. It will extend only for the length of the
ranted 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 Custorner. This
united warranty, gives the Customer specific legal rights. The Custorner
may also have other legal rights that vary from slate to state
4 CPftomer s Protectlgn of Company, This Agreamenl Is intended
dray It the Custontor s benefit Therefore, the Customer agrees to protect/
mdmmnily deland and release the Compaay and he Company 'a related
parses from liability against all third party counts or lasses 0ncluding
re rophol je attorneys fads) brought against the Company which relate to
on. System or the services the Company provides The Cooper, a related
p Hues mmbe le GemPanys emproyaas. agents ono suheontre,to,;
rorecrto, onemnny rs s,, ,tams bvugN against to Christi
u, or, Guntur ors s a ice comp ry It alsl .dties, claims . ng under
connect., I,oluy. nsyrge0cl_ or any diner theory ofintuhl,
The G Istomars dory to prosamnnnemney the Company, however does
or Ivory to Claim bawd on injuries In mind panles or to their property
11,1 o',, rc I nle rap Cornpany amp,wi were on the Promisee and
m'rand sully and di .ati, by those dmployoes.
ale of any find Sort, c: „s covered by the Customers
d Custorner agrees not ,c look to the Cornpany or the
my', riIhdpar,os [or rot.,brandnt The ru.Ume v ;,any
,,u -o -Wn a e ,, ice' or Stoma sib rill tg through I, r Ile th, Cu ,r. r_ n,y v., gotn?t ire Co tea.., Oo Company s related
"I"n
5 The DaetQmer $ Agreements, The.QUse...ar has the aulhoriry
To sign this Agmemenl and In doing so will nut vloli tell ny other agreeme' it
The Customer is not wast,jury o2ardd,ly o L.Ii dltreF C i •s,
The Cus'ledi ygrees lu prevent false claims t ion ass mof I'l ohs oshhfor Otero. If Ibe Cord,d, notifies the Customer of e m:allun'aor. the
Customer will discatnecf the System until the Company can tepee it
The Conomer wfl not tamper enhance with the Star em. no, pc ran
others to do so. The Customer agrees Thal than Company can feeord and
1151 nn cpmmaIinto ins wllh anyone of me Promises m the normal Cuursa
of the Company's Sol,, ass.
The Customer will tact the System at least once a month. Is well us
when changes are free. to its tefdphone system to the Prnmts'as Tnc
Customer will mmedsamly edify the Company of any problems wnh Rte
System. The Custome' agrees that Rte Cornpany can make program
changes to the, Company's proprietary data located m the transnining
device
The Customer will Petition Company ns nfer current charges for doing
any work not covered by this Agreernenl. fed offing paying the Company's
minimum service charyo II tile Company cannot ender the Plernrses at Use
scheduled time The Customer's Obll erfas contlnue even If th.Customer
sells or leaves the Promises
6. The. CRstQmels. Default,. If the Cusrumer fats to perform den
obligations. the Company will give the Customer written notice is de en t
If the Cusldrllet does nut fix the default ,ohn, 30 days. hue CSmPeoy cum
end ttas Agreement. If the Company ends his Agreamenl. the Cuslomer
mind pay the Company (a) all amounts Rtes huh. In 80°z of he amount
due the Calipers for an romelndor of this Agraemenl lots an aprood-
uphn amount of da"Al Ito and not a5 a penalty). and (1) the Company's
reasonable cnlledton costs. ncluding attorneys fees.
If this Agroerr Is, a,,,Joe till Company does till nave m [ ..frith
any service, Including monireold aharthe'1 date It) adamon, the Company
Can poacedully enter the Premises and remove ns equipment. 11 the
Company waives any detault by the Customer. rnat does nor mean Pie
Company waives later defaults Any waver by me Company fr en m
writing.
The Channel poster the Company a s,ounty inters;) in In, theory
the Company installs on tiro Premiss s order to sees re payndhl at the
purchase pock or pefo nuance under he le'sa.Thee e us ru,,,,
suet) properly If If does sot tuoty pay fur it If the r .,slot x ones riot story
such proi file Company ell ask I cued to 111,1 the Cuslomer to ao
soThe Company has life rights of a secufed party the Ursfourt'.
Conimeresar Code
7. System Charges. The Customer agrees to dblam all licenses
and pay all taxes. Iles and other assessments. mil . ling sales tams.
The Company's tees are haled Upon extnling texas and charges. and the
Compeny can increase the Company's fees to reflect changes in these
taxes or charges
After the Irts year of this Agraemcnt_ the Company can incmaavo the
Company's fees by an annual amount up to lI b or file annual percentage
Increase m me, Consumer Pines Index wlolcnove, s higher. or adelbor) ro
any increases dun to notes or silences
II the Customer Is more than 30 days Into with payment, the Company
can charge the Customer thereof up to no highest taro allowed by law. In
Cooled. tin Customer,greento pay the Company's reasonable Collodion
costs. including attorneys fees, end a reasonable Confined fee I the
Company has disconnected the System.
8. Transfers. Tile Costello, cooler lranSfGl this Agoorn,rd Wlth-rot
the Companys consort Mowove. he Company Can t jester trio
Agree oc. for sub, t o.. a abhyato swiatdut the C._tt is, consent
If the Company does so. anyone lu ,i n.nn Rt. Company transfers
a
.
subconlra is ns oh.q,t( r5 cant have alt of me Companys uphts The
Company not responsible, bowevcr. IS, any werk. mcludid, rt.Ills,, ,a
whroh IS done In phgenay by any third parry.
9 Nobel Limit hioP on Lawsuits; Jury Trial Unless otnerwsee
Intlcated, all notices lost be to virility The CLIIIS'111 or me Company
may and any ponthn If job Agreement by noWying the other' Party it
feast 30 days prior to the one of the triton cuuew torn, It us often . till! ho
Customer give any ornvnaaon notice IS s timely rnennoC
The Customer must bring any darns against this Company wahrn 1
year after the cfafm arose. If the Customer does nod the Costumer has no
right to sue the Conlpary and the C ompany has no liability to thin Crocheter
for that claim. It is critical that the Customer briny any claim in a limeoy
manner
The provisions di this Agraemcnt which apply to any plasm mmam m
effect even after this Agreement ends. THE COMPANY AND THE
CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL.
10. Mteoaltaoegus. This Agreement conums the entire inclarstanbmg
polwder, the Customer and the Company and train any other
documents or dscre,o str,Cornpa ypeviously had Itt. eCiusmaten.
Pont Agroenteni is not binding on the Cornpany until the Compeny or is
aumor¢ed egenl jig „torLeger x ollolon or sauce. Till A,eroori
Iis governed by Penn, vane law
II the Cornpany doe., not approve this Ao,sa,ner, the Compeny s
only tbhgahon h to r 1 env pa,,C1j, ma Cusco. n: ,nsoe. Any
eq P eilersenire IaCompany rs vmesbmeC std nerar the M1,rue
are subiecl In the lest f r ,Aglfmat ll t ?tomenJ 11 Aq„awrni
cannol be changed eu ran by a wnnng that ton :h hn (.usimne^ antl, me
Ca p ns syn
If ny t t_ I o d on t rt
pm r ,e .slut eFlr Tnt word nett oq if nut Io?l?hwa
Ism tat sn Lx apt l o o cr og. the Company v,sll ni, , r) rk di.eng
trio Con pary's rid t I hL cis n s o: it 00 -1 n t 00 ern on
wen61.ays, le dIld"n h'. days' the Q mf -Y rs-nE A I th=em s and
InaC.mnents rim a par, of th, , Aarc. ll
Renee K. Simpson
Deputy Prothonotary
Curtis R. Long
Prothonotary
John E. Slike
Solicitor
Office of the protbonotarr
(Lumr'berlaub CcuntP
14 qq CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
Tx DAY OF NOVEMBER 2007 AFTER MAILING
SPONS AI IN HE TILE OF
AND NOW THIS 5 CE RECEIVING NO RE ABOVE INTENTION TO PROCEED AND WITH PREJUDICE IN ACCORDANCE WITH PA
CASE IS HEREBY TERMINATED
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573