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Home My WebLink About11-1295 Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 PITNEY BOWES GLOBAL FINANCIAL SERVICES as successor in interest to PITNEY BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, VS. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-0310 Defendant, THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY- C3 No. ??-IagS == ?Wm a' Ci?n 1 rn r i aE:V G J) r- 1 770 W CD D ? -*? 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Or $qa wxa4? &4+ A-00b 2+wl5y bo-7 ' r Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 PITNEY BOWES GLOBAL FINANCIAL SERVICES as successor in interest to PITNEY BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, vs. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-0310 Defendant, COMPLAINT COURT OF COMMON PLEAS CUMBERLAND COUNTY- No. Plaintiff, Pitney Bowes Global Financial Services as successor in interest to Pitney Bowes Global Financial Credit Corporation (Hereinafter referred to as "Pitney Bowes"), by its attorney, Richard W. Keifer III, files this Complaint and avers as follows: 1. Pitney Bowes is a corporation doing business at 4901 Belfort Road, Suite 120, Jacksonville, FL 32256. 2. Defendant, Destiny Image, Inc., is a Pennsylvania Corporation with its principal place of business located at 167 Walnut Bottom Road, P.O. Box 310, Shippensburg, PA COUNT I- BREACH OF LEASE NO. 7786057-002 3. Plaintiff incorporates paragraphs one and two of its Complaint as if fully set forth THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED herein. 4. On or about September 29, 2007, Defendant, Destiny Image, Inc., entered into Lease Agreement No. 7786057-002 with Plaintiff. A true and correct copy of the lease is attached hereto as Exhibit "A." 5. In accord with its obligation under the lease, Plaintiff provided the equipment as described and defined in the Lease (the "Equipment") 6. The Lease obligated Defendant to make monthly payments in the amount of $2,182.00. 7. Defendant defaulted by failing to make its scheduled payments. Despite repeated demands, Defendant has failed and refused to make the payments due under the Lease and said defaults have not been cured or waived. As a result of such default, the Defendant owes Plaintiff a balance of $47,752.42. 9. The Lease provides for attorneys fees and costs. Accordingly, Plaintiff seeks reasonable attorney's fees in the amount of $9,550.48 (representing 20% of the outstanding balance). WHEREFORE, Plaintiff, Pitney Bowes Global Financial Services, demands damages of the Defendant in the amount of $57,302.90 together with interest and costs. COUNT I- BREACH OF LEASE NO. 7786057-004 10. Plaintiff incorporates paragraphs one through nine: of its Complaint as if fully set forth herein. 11. On or about March 31, 2008, Defendant, Destiny Image, Inc., entered into Lease Agreement No7786057-004 with Plaintiff. A true and correct copy of the lease is attached hereto as Exhibit "A." 12. In accord with its obligation under the lease, Plaintiff provided the equipment as described and defined in the Lease (the "Equipment"). 13. The Lease obligated Defendant to make monthly payments in the amount of $163.00. 14. Defendant defaulted by failing to make its scheduled payments. Despite repeated demands, Defendant has failed and refused to make the payments due under the Lease and said defaults have not been cured or waived. 15. As a result of such default, the Defendant owes Plaintiff a balance of $3,609.80. 16. The Lease provides for attorneys fees and costs. Accordingly, Plaintiff seeks reasonable attorney's fees in the amount of $721.96 (representing 20% of the outstanding balance). WHEREFORE, Plaintiff, Pitney Bowes Global Financial Services, demands damages of the Defendant in the amount of $4,331.76 together with interest and costs. PRAYERS FOR RELIEF WHEREFORE, Plaintiff prays that the honorable Court enter judgment against Defendant as follows: 1. AS TO COUNT I As to Defendant, for the sum of $57,302.90, together with interest and Plaintiff's costs. 2. AS TO COUNT II As to Defendant, for the sum of $4,331.76, together with interest and Plaintiff's costs. Respec ' sub fitted By: Richard W. Keifer III, Esquire 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 Dated: I A4 dt VERIFICATION I, Linda Boyles, do hereby verify that I am authorized to make this Verification on behalf of Pitney Bowes Global Financial Services as successor in interest to Pitney Bowes Credit Corporation; that the foregoing document was prepared with the assistance and advice of counsel. Upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. 14904 relating to unsworn falsifications to authorities. Dated: I Linda Boyles EXHIBIT "A." SEP 29 '07 15:49 FR PB READING 610 375 9408 TO 18664016795 00/29/2007 14:38 FAX P.04i13 WN Pitney t owes E'ipyineeriny Ufe flow of Lvmmunicallon. Your suslnap lmbmwjon FWLM*N marLa 003 Armftft WWAW ' 7786057 002 t_ 167 WALNUT BOTTOM RD ?wl•arr,w TaltD1(/!I?rnM "ft nas..a SHMP9 G PA 17257-8601 ?r area Wro exe.aoe WrWr 1 Q2 3040 eQ 130 AM ?rocallretAlelrr 1WGB0186Ei8 167 W 'NUT MT-O.. RD - BrRn GN r ?1rwltlo.? aoWeror ruffs eft iim ir.eruon oor? Pnoir r ?M41b+ Gw • wmw fobnr1y?llrA M Your elookmm K%NXW r+p Makdlen tiM?prO?W? J _ ?M MlMflra uYy AM+0111 1 1 I?IfJM/MAtal tlrwllOlypf.a/raiR+ Md XAl '??MMArM1}INIr EMS p ww+lwanawraua?lww?vQr..N.r?Mr+Y?n?.ii.. w*mOtlrrM11m1YrMnrrFpy) X + 1 ? 7 *mrd/rldWrrlrr. ? p ? Wdrr? ?Y'M. pYl wrkir rr MrwM?+ mrrr w+.w ?r.tearr4 lwlw p.O?ry1 40 MrMrMM/?IW?? ACORN ?YrrM 011 pe1p /C )M111MM/.y 111.OwO1hr.?rpl.K??r !'!01'iYMNPIN ?i.r?ar•wwM.'...rw.F? 0 ? ).rAMUfRrI'1? (2)M.?wri.aP"rftm .vfaOrnwea?r.•+1w Poor paynxrr! pun rMwi?r d /11?.1Mr First ttt 1 1 r`pOCIVpdR"WW Ad)rarlWddWck Wi0.o0 ( )Tax Exempl pprbfty a 09nvhed Your AcknorrNpoomMt ..N 9AR ?oarr<1rt Rw use Alum Pitney Bowes Engineering (he flow of communicaflon- 1. Polls nWa"- aaloner, agree Io IgaN from ua. e y e Bawu Global FTnandel Servica, ('POf •us'), tie Equipment PEguipmsln which Was Waded by you end W PPXad by Pitney Bowes Inc (,Par) Noted on pope one. Equipment does not induds +fry referenced Inlailtinkpi Conor kq Center orpodage miller. which n"Nln the property of PBI. You will be invoiced qusrtemy *JJ payments "I forth on will be in advance and due on the day 080 D,pn0 a Period. AN lay s ohs, b Pey shelf b which payable 10 *Pilney Bowes Global Financial 83"W. e 40285.5450, unless we din" you otherwise inwwais LLC Of P.O. P-0. Boa 838460, Louisville KY communications from PBGFS end singles lisle ft. You agree to receive facsimile services. UNLESS OTHERWISE EXPRESSLY RPRP OIVIDED He ERE .TTMHIS L CANNOT BE CANC ELLED OR TERMINATED FOR ANY REASON, WITH ALL PAYMENT OBLIGATIONS BEING UNCONDITIONAL REGARDLESS OF ANY MATTER, INCLUDING EQUIPMENT DAMAGE, DESTRUCTION OR OBSOLESCENCE. PAYMENTS ARE NOT SUBJECT TO SETOFF, ABATEMENT OR REDUCTION. 2. Lease Term. The hem of this Luse is the Slated Term plus any *Prorated Usage Period'. The Stand Tom begins during iha ant month of the cNrrdr quener next following the del; of your fins regular Invoice under this Luse, The period bo"en the dole your Equipment is delivered and the beginning of ON Stated Term is the Prorabd Wage Period. if you we She Equipment during ON Prorated Usage Period. You shall Pay as 'Prorated Rent' a Prorated porno of the hQu remaining syment of you enter into a new lease dwkg the Stated Term which effective. corpor s I or it payment, under this Luse and the new loose does not become subsequently t+mXMled, we may reinstate this Lasso. 3. Locati without rep and UCC Filing. The Equipment may not be moved from the l 'finance lesse' first obtaining our written consent. The Parties ague that this La ocatlon is a governed by UCC (Uniform Commercial eaa Coda Artide 2A We own the Equipment. You will keep the Equipment free from any Gana or entxnhbrrWe own they sign and die a U C C anencin9 310Ismeno On Your behalf (Ireeautionary only). 4. Assignment. YOU MAY NOT ASSIGN, TRANSFER (BY OPERATION OF LAW OR OTHERWISE) OR SUBLET THE EQUIPMENT OR THIS LEASE (COLLECTIVELY 'ASSIGNMENT') WITHOUT OUR PRIOR WRITTEN CONSENT. We may am) essign or rt of INS any transfer.gnmentso Or "bp ua wig not ma enor that Equipment. You Free and sdnowledge that MY change your obligations hanunder, 5 End Of Leese Options. Upon 9D days prior written notice, you may, if not in dolaufl, elect among the ION"ng options with respect to the Equipment, such Necdon to be effective no earlier than the end of IM Staled Term; (a) enterinto a new loose an mutually sgresgbla terms, or (b) Purchase the Equipment 'as la, where is' for fair market value as reasonably determined by us, or (c) return IM EguiPmard in its original corhdition, rassonews wear and tar excepted. N you elect to return the Equipment. you may pay our a Pick-up fee and make the Equipment available for our retrieval, Of you P meta piet do- nstaN lo and pack end Insure the Equipment for its full replacement .Sl boar lase, at, common carrier as we specify, ur end don w it an boats ouch not seeded one of the aoW ns. you upNd to o any any U.S. to have we If month- the St u ousel be domed to have ar extension, you wy elect have month-lo-month edanNans of the Stated Term. During any such axtanaion, you may Necl (affective upon 90 day prior written notice) to return, purchase or IaaN the Equipment as provided above in this section 6 Taxes. You agree to pay and indemnity us (end PBI, if applicable) for all charge, and texas (other than fox's on or measured by our net income) related to this Loaas on or Services mnwnd by the referred b blaaae kanoa or bead blion, Payment. Equipment or Equipment location, w Support NOw. You agree to pay Iha applicable foo to cover our expenses associated with the admlnislralion, billing and fradang of such charges and texas. 7. Liability. WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES TO YOU OR ANY THIRD PARTIES CAUSED BY THE EQUIPMENT OR ITS USE You o us for, and to defend us against any costs, damages, or,abaty erlsi% Oul Ofgruessetoo(rsknbhrsa Na Equip ant. including reasonable attorneys. feaa. but acludinp those arising both our gross naglgence or wilful misconduct. 8. Lets Paymenls/Rolumad gams. N any payment under this Lease is not paid In full on or before its due date* you wilt be charged ON SPPXabb adminlsbatvs fse'ssoo delinquent sccowa. You alto ted on agree b pay Irire9 on any Payment delinquent under this Lassa from its due date until paid in full at Ihs looser of 189A per year or the maximum rate allowed by law. For each (9shonorsd or Mourned payment item, check or raft you too esseSSad the ePPpicabla Mourned item ISO, wise P. Default. You will be In immSdi610 MOW wllhoul notice under this Lesseif (al You lail to remit +rhY P+yman1 or this Leese when due or If you brooch any o1Mr abgga 0 under this Leah: )you become Insolvent, are OWidalsd. dNd b ,och doing bualMS, , or eseign your bankru right P I YoP or in in ter th e beMfil of aadlorr, (c) S Petition la food by or against you under any sdvrcy w, or (d) You are in defend under any other sgreemant be an You end us, or you and any of our 4111110169 ('Other Assent , future Onamenls'), 10. any O thd and any w Upon your default, we may do any or ell Of ee lo,owirp: (e) aneaf this Luse Other Agroaments: (b) scalers end require knrnocere payrtenl a liquidated 0d this L damages, of all lasso peymanls and other alms due under We Leese or due under any other reAgrequire ii"mo mmedsla P+em dials paYmanL a accrued 0 cor orivemperh1nathe lb fn uh for re; (o) require return of Oe Equipment (d) your Iatfun to plum the EqudPmenl and not as a pan", of an amount equal to the remaining value of the Equipment al g Styled Term, as dOlstnined by us in our reasonable ddwetiort and/r (a) Pursue and of rw diep aiti of eat any Other Mmedy we may th have el few or In equity. You waive any notice of PoaNSsion or oon o1 f the Eguifxnsnl. By rapwsessin Equipment, our n rolled the balance dw on the Lsaos. You "of p y a, ow coSb•lndk? waive ow right b enforcing our rights against you. We reserve all O (Our rights ottomays. d fset, in _ enforce them at theme you default All Of our fights Wid mgafnsl you amen ti we n not conditioned upon your default continuing. nemednu are cumulative end era not Lease Form 13156V (Rev 67/07) I I- Eg4omrp Use Warranty information. You shat use the Equipment only. (a) for business er conemrdN purposes. and (b)in the mrmw specified in 1, manual, and Instructions Equ pmry(M you yd an' even an E?mply'a d laws end regulations rate6ng b the warranties, meter usage prom n uipm nt il" by PSI which will include Equipment Pro ePPllabla). end as terms and condition, OPurdhp?ep?r . of a o1o01' po ,age ons (N Wppfiss and Napping exponus. You may wmmsapb ° for ATION, rltlea Iimttetion directly with PSI s ea, WE MAKE NO REPRESErtfing ONS OR 1 weWHATSOEVand err ERanINClU01NGor WARRANTIES OF ANY KIND, EXPRESS OR IMPU' EO. REGARDING ANY MATTER y BUT NOThr dsdNmLMeTEOeetTO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE EOUIPMENTS FITNESS FOR A PARTICULAR PURPOSE, ITS FREEDOM FROM WFRINGEMENT OR OTHERWISE. WE LEASE THE EQUIPMENT TO YOU'AS IS; 'WHERE IS' AND'L W ALL FAULTS' YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS. DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL O INDIRECTLY By THE R PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR EQUIPMENT ENTITLED TO ANY PROMISES AND WARRANTY RIGHTS WE HAVE OBTAINED FROM PBI. 12. repair, conditi ton grgNart+nd Radars. You shunt, N your expense, keep the EghdPmem in EqulWnani and working order, (except for ordins U veer and ter). We may Inspect th?d any rallied mslnNnsna records during normal business hours. 13. Risk of Loss. You estwm rte Ogres b but the entire risk of lose. IhOa, destruction or othu impairment at the Equipment (excluding nrrna W s^) from she dole weer and hear) n+0ardsse of cause Lose LW tufty you of any of sHprfNn by PSI and for this entire aim of We Lee... No w L In Lose w,(tlnp of a the r>aciare g of your a3110+ti0m under he Lassa. You shah kenadlNNy notify not of any Lose. You 00, It Your expNnse, keep the Equipment Insured against Loss for its fug ropleamrq vekw under e 2434508 r Other 4 and??snt satisfactory to us (•Inairanoa'), You or y pant Mud leColl us y k1sstulrs? o our aols dooretkn, refrain fawn awdsrna. tl you IN b provide Ouch evidence, we may, in Our own program (currently called AND) and Of h end ifldu6a Or EquiPnrlent in reflected as an additional charge on Ow M an you. You a tae, which wB be separately VeIwMAXap Program and dheegkhp you the foe. we Before kXk d % INS EWpman the you of your obXgagom b Insure this Equipment and provide vldde Provide written eo6acea The i notification, which may be inducted ins dingo of Insurance. The Information, WAR be domed received POine conace i0 tilerI,No Bow's PnaNnt it to you. N you do not Ms?de by with M the lxre we plea it in the mall, or atharwN IN notification, we may Immediately et evidrbe Of kauna- Wil hkn the 1111141 Specified in Nolwithim the f include the Equipment in to ValwMAX0 program. ando"o Provide us with or"OCnO' N You have enoNed in One PBGFS Value Plan, you reed not included In eitM?f PBIGFS Value an o WHnMAX6 WW myto, da tl e r des ru cti n two N Equipment occur, del does not naril from your gross n Oeg bat demag r Mathroe (Provided you ere not In dOfaWl wdr this Lease) 111111W 11104 0aseatW nipmnt an your Lease obligations wig remain unchanged. ) quire t repair or see Ease low and Equipment under the farm$ Of Ws Paragraph N and we we 10 do so within es 20 or replace a the of written notice Of the loss or de @. YOU terminate ran to do eo s day, 8oig tai any nPgamenl Equlpmanl will sl lima remain with uo W La not Till a the riou if or Veluo Pll a the adwMAXA program. By providing the Val.MA W W or th b you it we we are not offering or setting you insurance; Pnognm or to y ore PSGFS 89 ncies hevs not reviewed INS LNse, Ws program or Its ae. nor or an the ovenOepinp our financial condition. wasted PGYMSMI . Computation of Payment, invoices. You edi owledgs Into the Omount of each NeN 14 and upon M i Wi ns4rg? atop a. B NO the s Pouba and tlel Na rMnh has b4s nente of oureg se an on Lease, you dadekm any kierast In the components of fur to w. BY Your which com o ens may 4nduds, by Xlutireti to our IaeN pnidng, whitlh apnants tow not be limited ted to , face assocNed wbh ng bg aguiPmenl Pulcnees nd + +qu4mant retabd lessard +P. Wpport eerviaa. 104112g, origination nd other base or aseclatod wises xpSnsea• end mey pled induds embea, OeMed overfrom r 0onpute Your Quertsvious un4uhpirsd base with w or e third parry, The -our" we use 10 CIO Wfead and paid aYmaK and tore, Paid by us upon E*pmrw Purchase, en Crhlr/Metr Renal Sarou over She Slefad Tem. N you so re"Sim, yerr k'6&Urd* Control Simultaneously with ths be ? rdlof soft the Laos. B Wriments ('Pal Payments') artanerha Your Nose With PBGF r ind b Looselam, end such Payments (though not a pan of +nd PSI; other fag In Your -Y Payment ea an e O d PSI; Paymee and dIVOSS be d texas provided fora Ws Loose are not eay? you Quarterly Payment If e P Payments Y INm¢ed an your Invoke. We may inueeu your Rental is cwxmsbb 30 My notice 'Ionise, Your hWGLWA COMO( Conler/Meter Pegs One, You Mve egnsd to "*its a Provided In yaw Equipment GuiM. If indceted on Such as Equipment inald sion, training Pay""nlt ng ser is Services Poym.nl•) to PBI for ibms cOnyr8l0ri, and coMr wpod . (•SSuppo rag rvic all, SYsBSma fntegreti0n and date non+N vWsbio. PPonf Nrvlas upphxt Savicaa'). The Support Service$ Payment is 15.Origtrnaon Fa. UnIaN paid by you separately, • 0n96ma goo to cover the originoaon, doamSMatian, procseNng and arlsin over WI&I costs aeodsbd wise this LNse is included N e Capitalized amount M computing Your OuenenY Payment 13, INtid Lease Payment. At ouri iscr+tion, you shott pay your first Owrteriy Payment upon Your eva0u11- of this Leon. This PSyrcent $ hall be dNmod to have been earned when we Pr y*v* It and Mall be applied imnadafaly to your obligation to make your first Ouarany r-u may Aare under any ;.kA aaxnanl Permitted by tour, you ,velure any rights You now or later Equipment to reduce Ole demagog 0 O' co including which nguirs w to sgg,1NN or otlherwise useany Equpmenl or which they otherwise of or mod nagaetion of she smoking value of the that the rights and nmadee under UCC or mo 2A g of our rigrae or remodel You agree Leah' ANY LEGAL ACTION YOU FILE AGAINST US MUST BE 3'f) de nor +PWY 10 Via ARTEO WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO YOUR CLAIM. YOU AND WE HEREBY WANE ANY RIGHT TO TRIAL BY JURY IN ANYACTION RELATED TO OR ARISING OUT LEASE. OF THIS 18- PROGiRAM SPECIFIED IN TYOU ELECT TO PARTICIPATE IN THE CARRIER BILLING PROVISIONS GOVERNING THE PURCHASE POW Rd CREDIT LINE CONTAINED IN THE PBI EQUIPMENT GUIDE, YOU REQUEST AND AUTHORIZE THE PITNEY BOWES BANK, INC. (THE BANK') TOOPEN, ON YOUR BEHALF, A VISAV ACCDUNT TO BE USED SOLELY FOR THE PURPOSE OF EFFECTING SHIPPING TRANSACTIONS. 19. Su"A"billy. Your ON1906ns under Section 2 08.30 minalalem•nl), Section a (taxes), S this wim 7 (indemnilation) and Sedlah 10 (remedies) survive tsrmino0on or canealation of 3o ion 7( 20. Misceveneous. I more then one L•»ee is named In this Luse. lebilty, will be Joni and several. You represent that you may lowlully enter Into. and perform, Ws Lease and Equipment Service Agreement, end that ft indfAdwls Service Agreement on your behalf have d 0 chi lean and Egquipme Service Agreement Cratitules the Andre sveY wtlgnl TMs Ltse end Equipment addressed in this Loan and Equipment Srvice agreement between no pants as to the subjects statements, both oral and written. Including Pai A order,, l and n Included Mena or not bending n parties. By ex . YOU "roe to furnish not ntlteh uded herein allonins tiIrSo Bn whiUh we cosy tie request now and in the Poe One. "o ndal homu y you authorize us to obtain oAat tea ' nduno In ft Your tax WnWlan (anrhy peykxitio WlY owns( of0pr a reports an you now end In future. In eddion, a Mrewfth , epreee to lmnlO lnrlclel and other one of an any doci mats exeantsd in conrindn future iIh 09Mg No or her soWl s nfomaYn we INY raqu4W now ON in the consumer oing reports her him or her nu bar, end ouWalzes us to obtain am or Moro result hereof. nactin hsrehvith and any pedal extended as • YOU AGREE THAT AN EXECUTED COPY OF THIS LEASE BEARING OUR STAMPED S SIGNATURE REPRODUCED BY IGNATURE AND YOUR SIGNATURE (AN ORIGINAL MANUAL SIGNATURE OR SUCH PHOTOCOPY, FACSIMILE OR ELECTRONICS RELIABLE NATURE) MAY E NMARI ED •ORIGNAL' BY US AND SMALL CONSTITUTE THE ONLY ORIGINAL DOCUMENT FOR ALL EFFECTIVE PURPOSES. ALL OTHER COPIES SHALL BE DUPLICATES. TO THE EXTENT INTER THIS N CONSTITUTES LEASE MAY E CREATED EXCEPT BY THE POSSES)ION ORCURITY A ENDED OR SUPPLEMENTED EXCEPT IN AA WRITTEN AGREEMENT MAY BY THE PARTIES AND NO PROVISIONS CAN BE WANED EXCEPT BY OUR WRITTEN CONSENT. Our acceptance of any Payment or chest offend by you es a eeMemnl. or an eeoad end oo1dedOn, rhea not CORNS kite a waive of our rights, or an accord end eetislacton, unless accompoNed by a *operate egsment executed by both portion. Eculomem ce....... r . . Inooryoratetl Terms: D Aj of information pnwded when you submit Yon other is aBMtbna, ce a n1 of this Service Law Agreement The Arms Customer define ord described and made a sun have the sane meanings in gds SLA PBI wit provide dy -) an me one shah emergency repair srvice$ for E c cewth PC's maintenance d and pariphaals Included with certain accounting ayourealso! to Aa coves (including ire Incluel fWn PC's and equivalent to new, Including r menu furbiarequired. and assNp new (r to normal wear. This SLA excludes s ed or r eparts andorr end updates. m. needed due software maintenance . The following terms and •ondllfons apply to all equipment service level sgmemontat .0 04910 Uipin r Maintenance. t To obtain service or emergency rtpsir. you mush tact equ con PSI tament is for bested ics during is normal F wpri iflg hours ($am - 513m In 1st time zone whoa the You may place a retied for service via to wabehr'leiu holidays) CNormef Wakx4p Houre') or 10 remote traphons support through the tot Free n XCLRLM. In addition, You hove access through Friday, •xdudlrp haedey) at Id00322-0OZpp, se enter (S am to a Pm EST. Monday end at its option, PSI ro wws the right to service Depending Equipm on Your Service b nl type Replacement with new, reconditioned or remawfeuv d Equipment by (e) SaWce p the of the Equipment arc the nature Of the PafOmmna am (b)l Odepending service, r age diegestia of off-site seMa, indudng now (ore ! ' or (b) rhsaim service, lies replacement needed this o normal wear. Parts or assembles for dsconinuees (and/or equipment net marketed as now will be provided only I available. Y equipment service for your Equipment by replacement ON your problem cannot be resolved over the provided o' PBI will, at no cost to you prompgy ship new, reconditioned or ra nanufadured equipment telephone to redece your Equipment. within Ave (5) day r receipt of he rWocoment equipment, pu+Iyou must perk your date" Equipment to the shippkV carton that Contained theYou equipment. Place the shipping paid return address label on IM calm replacement are responsible for the value of, and any damages to. the E and plum II b PB You RI. ff service is provided for your Equipment by on•site service. Equipment o ddiagnostics or oeivtoff-site to •mv? end it doomed Race" by PBI, a service engineer moet cares will be dispatched performed YOW loaaPBh Norval ice. are will be no hourly changes urns srvio• is hooded to service arkhnp Hours set IoM chow. Lubricants end other materials ne needed oin9, I qupmen ere Provided with gs additional clhongs. Notwithstanding tntallink® equipment and supple for all if at srvice and Printhoods for meters, Professbnu sarviOther then standard B41MCO forth It n we nglycod by has $LA.. Role progem so era Cos electronic spas end wtghing systems is excluded from average under this SLA. 2.0 Exarwlona. This SLA axcluds services and r pain n that an made Roessner, due to Equipment in accident. a L?nb Ll*Us Wntaminatin and 10" Of data, w• or Uansinp afNesmsnl external by vie fl SLA or •0411 applicable puroh•e0. it*,, or humldty and/or Ina vote $ us of Equipment M an anvilon ent with un (such as 0m, fOOtl, OrOthKOansbrW0 aheA electrical Power Iluduavon, Opera,(omr, awel Other then PBI, the use or supplies Or Other hardware brpa, repair of ehanhpmd repair by anyone Or,othven in connecti- with the Lau Form 15356V (R,, O]PoT) use of of not nt Meeting PSf with any ny gs:m tine, faikre A use aPPllcebla sortwen uPde1s and/or use Equipment with s,am or has advised is no longer oompatibbfor which PSI has advised t wit no longer provide su:ppOn . 7.0 Term. THE INITIAL TERM OF THIS AGREEMENT SHALL BE A TWELVE (12) MONTH PEIt10D OR SUCH LONGER TERM AS MAYBE PROVIDED N ANY LEASE AGREEMENT ??RCT?IASEDO UTHE RSUANT gMp THaS SLAMI? Sy?lAlll BENAU?TOMATICALLY RENEWED FOR SUCCESSIVE TWELVE 112) MONTH PERIODS (OR UNTIL EXPIRATION OR TERMINATION OF THE LEASE AGREEMENT), UNLESS PITNEY BOWES RECEIVES FROM YOU WRITTEN NOTICE OF TERMINATION AT LEAST SIXTY (60) DAYS BEFORE THE END OF THE INITIAL TERM OR THE THEN CURRENT RENEWAL TERM. SUCH NOTICE SHALL BE PROVIDED TO THE FOLLOWING ADDRESS: Ptlhay Bowe Inn 2225 Amerlcen Drew, Neenah. WI 54958. Al amounts Invoiced under IN$ SLA am due and payable o Piney Bowe upon your maipt of each invoice. 4.0 ModfRoatfon; Taman ation. Pitney Bows may, From UnIs to time, change the services ar? Pilded under Yes SLA, modify the too of this SLA, or lamainate surds services of this SLA, ney moved from Its orld n?Y IoaOo with node 10 you Y ft oquipmonf covered by NO Agreement is nova to a R Pitney Bowes may e1ed, in AN se liaaMn and this 81111`41- 10110 In tYou. wort 0f such a nf b dNa4 Ihs orr a response Irmo iaI? in i n revision, you wig receive e g teerrm of your agaamnl reflecting the ceat of IMI eddiionngl wells mkw4 aurantea 0 response es low term sssrvi- n08 , P1ilnasrW to the cost of maintenance coverage witout such mepr" time any such dh Y Bowes Will advise you, In such nolia, Nit belaves, In its sole judgment, that _ ange in service, r modiipin of Army le material. N YOU rsalw nova that any datlw hongs i ton' O mod NOn farm, Is materiel, you ^ay Amebate thin SLA by 0 be10 your moo" of such n80111194 etla froWfflon m 4Phns otice of Your desire 10 lrmtireie within tarty ( days aver ten (10) business days Mr Fifty Y Bowe,. Any such Yo InNnatl•n by you shag be offeave e must Include Your Customer auxount num air ererpt if Your able of & anm Your Ro nob a sent to Pill" Some. by COMM mail, MIUM c, Y e e"6618' Your r I@* maoo enucode and be Pilnoy Bows enc.. 2225 American Dew. Neenah. M WI 54958. If you b o bree blch owing address: at the tarn of this or any other agreement with Pine or Fill If any owing Services LLC, PiVW y Bowes a he Punch Bowe, y Bute me y al Y Bows mat no'?-ng to rights under ainte SSA. Pibe Bows may also recover s axpaneaa hai+rw in sMrdng to rhe SLA, hWr6np naeonetta atlomays' lase and interest to the maximum eoent pemhitted by law. Y Pitney Bowes no longer offer freintnanp service for tie Equipment or this SLA is brmtineled by PeMy Bowes r 0 You have terminated this SLA as provided in this Section 4'0, Pibe , Sows,' Ida inlamination is due e a to Yproqato refund our *inch of h;eas paid for the terminated services 0zspy if the SLA 9.0 Fees. AENaf rents to SIA rats will be made illy Of renewal time. Y your Equipment is regularly prated more Yen one eight-hour aNK pr day. lw days Per weak, • surcharge wit be added to your annual rote. Pitriny ?: and for any rose- including. bud Bowes limited to, oe e oAtl right nc11o mm Rnew SLA t or this ass at count, or your rok" c pay any amounts due te en excessive SLA is not made in full on or before its clue data. our We SLA M any Payment under this edmirdskative fee eeeesaeld on delinquent saosts, lndUdkV Internet fr Bowes'llion om pha? fren om it du applicable d Patti h hr0, al the Isar of 1.5% per month or the manimurn rate allowed by few. data unto Your acceptance is ai1's sssu? its authorized have .ft Into he signified voice Is is payment nr•d or by its s0osplence of your 6,0 Uobgk6s; Warranty NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED N THIS AGREEMENT, PITNEY BOWES MAKES NO WARRANTIES. EXPRESS OR IMPLIED. INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO The SERVICES FURNISHED HEREUNDER. OTHER THAN THE LIQUIDATED DAMAGES THAT MAY BE IOTIMESUNDER SECTION Eft IVEL NO EVENT I AWITH GREEMENTS ? ThEE?RESPONSE LE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS OR INCIDENTAL. CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES. EVEN IF PBl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WfTHpUy LIMITING THE FOREGOING, PITNEY BOWES' LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, N YOU FOR E . TORT OR WARRANTY, OR OTHERWISE SHALL NOT EXCEED THE AMOUNTS PAID BY QUIPM DURING WHICH SUENT MAINTENANCE PROVIDED LIABILITY AROSE WITH RESPECT TSUCH SERVICE. TERM 7.0 Oeneml For your convenience it you replace tie Equipment covered by this SLA, your coverage will ii? (if remain in ml Pftey Pine 1' than cuent B t e uip M? a quka an tl Y S"?yur co m? annual rats for the equipment Mtt@M owes -t to vered Equipment or add a UrltceAcovered i Y equine will Provide covere0• for any ov shadiment nldOMa system m, Pitney ?oeengly. Y you do not Ned to conlrem " an or lu t and adequipment. yon nA ancol this SLA within Wirt y (50) days Mar tie dole of your *WO any Iathgr may nmaintenance or repair $"Cop provicled for your Equipment we be sL"'a to Pit ay Bowe' than 0 of ?sbA rates for maintenance and emergency repair sorWa,. You may have maAes Available, under y Bows' Customer Satisfaction Gurrnat Progem ea established by Pitney Bowes from Imp t0 time in no event (kWud rep under Be Customer S•islaClion Guarantee Program) will Piney Bowes be liable for any damages Including any 1061 Prof ls, or other indden Of 06msgvrhtlat dame W a for nonperformance of r y obligations under gas SLA. Th s SLA cor4p4408 the On" agreement between us with regard M or to the subject u;ovand, are wPersaon al pion alalamngnls, haMerstandtga and agreements. gds SLA Pe o wilt unof o apc ^t t O PuRron to Obligate u, In Any way beyond gee terms or terry are rejected. The Amy of any wffwr0 Y'pnslha ?? W. nary Front or conflict with these agreement we ovepnneyA I You rNagng to thi quipm yp We SLA "l have roar any liability for s delaSu' aY Bowes shop not be hold responsible S y or that such delay or failure results fro failure m causes beyond Of Ahnva Part Of s SLA to gy n? Including but not limited to fas, rood. amrplosion, war, torrorlsm, labor dypute, n. nguinmant, civil or military su0oriy, natural disastors, or other ikW;f typo$ Of et , +hRwti povemona typos The Following terms apply to equlPmemt service fovi agreements with training and equipment $*Mea tevof agreements with guaranteed raaporyo time (se slotted on tin oreomageof the tease). They do not apply to basic equipment seines fevef e.0 Training SeMaes. You may receive training during the term of this Agreement al a Lima maluetiy Wood upon by both Parties. Such training wY Include on overview to the operator(s) on how to use tin Pikey Bowes sent covered by Me Agreement. The number of training sessions that as Included as pert of the annual fees for your service level agreement en as follows e• melf finishing Products (which includes raters and colas) retelve up to twenty four (2e) training sections In etch tesfve month period; b. certain mil finishing accounting solutions receive up to four (e) training sessions in each twelve month period; and C. maif Creation products (wh6Includes tabletop folders , tabletop Insatiate end address printer and tie Documetdhm mailing tyalem) naive up to low (s) Vining sessions In each twelve month period. e.0 Additional covered Items. Prinlhoeds for meters, fntollllink® equipment and printers are provided without additional charge. The following farms apply to equlpnerd 'or-la lover egrsemerhtS with guaranteed response time (as iealsd on the cover page of the (ease). They do not apply to basic equipment saMoo lever sgresmants and/or equipment seMao level agrown s with training. 10.0 Preventive Mintenmes. 8arvleae. Pitney Brows stick perform pevenUW mcinhnance on 01 Equipment which Mel include maintenance of all non+xipmdoble parts, cleaning. h/brtcetion, and edjuslmenis, when applicable. Pravontative MdrAWN servrss Mel be o based performed on n regular Interval s parties end Wall In Sdvehced at • time convenient lot both manufacturers- - /ernmmendod Preventive maintenance er wduies. Bowes ant/ use rfinsancWb*Yc Bowes determines that on4le serves Is nscesspy. Pikey (e) business tows of our commercial c0orb to have a service toduticlen OIPalte within four Bowes' ne ss hou soon r rftWMonday pI of your cal to PSI'S toll has number in Section 1.0. Pkney through Equipment is located. eadudteg hoolidesy You dOlovMdge, however thaittthis nwMra the zone relelas Solely to" rdvd of a technician N your location, and that rest pones time indicate the time to resolve a problem Ponce Onto does nog such lour (e) hour time period. not does tguarantee gNtel O parts n?ioessety e e es during will be on -site within these time frames. in year dsaetion. you msy ded to Schedule seines at • fire outside Of gas four (e) how response time Set forth harem. Products dedgnobd as service by replacement. software maintmence . preventive maintmence. openly its" or other services not essential to restore equipment to a functional condition w+Y be scheduled in edvonoe and ere not put of the response gays ash brth heroin. 12.0 Liquidated Damages for Falfure to Most Response Time. Pitney Bowes agrees that if It does not respond to your site w1WM bur (e) howl of receipt of the repay for Service' PlInay Bowes will reimburse you • credit equal to Ores (3) months of the cost of the premium associated with Ue cost of by additional on-ha guaranteed reep rwe Onto service as compered to the cost of maintenance coverage without such response time obligation ('Premium') upon your completion of n Amd form. You mey request the refund form from your service technician or by coiling the toy free number sef forth in Sodion 1.0. May Brows wik then review your request for a refund and shelf delormine whether a cr*M shelf be issued based upon the Information prodded by you and a review of its own records. The credits set forth heroin we limited to credits for two (2) failures to meet the response dnle obkostipe In Section 11.01n my twelve (12) month period. Lease rwm 13336V (Rev. 03/07) EQUIPMENT GUIDE DEFINITfONS. 'PBr, owe' or-us- moons Pitney Bowad Inc.'PSOFS' means Pitney Bowe Gfabol Financier Servicas LLC.'eank' moons The Pknay Bowes Bank Inc. PSI, PBGFS, Bank or you. 'You' end'Youe means the customer, ony'shall mom each of WAR RAN TY. I. Warranty. Plbnay Bows Equomant (hominNter'Equipmonl'), Role Software and PROM's are warranted by PSI to be kw from detects In material and workmanship and to perform according to their spedkations for 90 days from the date of installation. 11111161101 in material or wonhmanship Ora lelku to Installation. PSI will repair it Of- N its option, repay it at no charge. A' deeer does not include the enure of Mee omboded in i Rao U M s?Ytl? ooa.e shed Mn as a result the pas a days Nor changes. The performYna of services by PBI shelf be done In a professional and vwrkrrardika mama. Thee is no warranty for savior Ord tropialre that o oerMom a 10 Published necessary negligence order hero occident. misuse, usage which exceeds marwfacwrses recommended usage, damage in transit, virus contamination or loos of dale, misuse or abuse, xtemd forces. loowweer. poer or fluctuation, opeNor orror, casualty (such as fire. flood, or other natural causes), $abaft repair or attempted repair by anyone other than PBI or the use of suppose not meeting PSI pecifications. The warranty does not cover consumable pets or suppose such to bale, ink. ink rolM wee and mdsenor brushes, bulbs, eke and sponges or for pane worn out due to eetr Equipment 2. Disdelmsf and Initiation on liability. EXCEPT AS STATED ABOVE, PSI MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRAN ordnery use of the OR THE FAILURE OFMERCHANTABIUTY OR FITNESS FOR A PARTICULAR PURPOSE PSI WILL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR BY REASON OF YOUR USE OF THE EQUIPMENT OR THE UCH DAMAGES. OF SUCH OF SOF THE ?NT TO OPERATE, INCLUDING INCIDENTAL, CONSEQUENTIAL. SPECIAL OR PUNRfVE DAMAGES. EVEN IF PSI HAS BEEN ADVISED OF THE ACKNOWLEDGMENT OF DEPOSIT REQUIREMENT. By signing this ktssU nk ' SubscriptioMtoler RanlelAgrsananl you represent that you have reed the Acknowledgment of Deposit familiar tarms. You Requirement. and 93 it may be emended from time to Irmo, the upon execution of this Agreement with PBI, You will also be bound by cry terns and conditions of the AeivrowlWgmant of Deposit USPS ACKNOWLEDGMENT OF DEPOSIT. By Meting to ease or use computerized motor zee" systan (CMRS') mater eglnpmord you must transfer fiords to the United Selo Path Santa ('USPS'), through a lockbox bank CLockbox Bank') for the pnpose of prepayment of postage on CMR ad agreement bohmen you and PBI. you may. from lima to limo. make Deposits in the Lodtbox Bank account Idar meth ('Dd Scat . 2. After the vice CM tae .' The Me" S meld rental designate Itselfor • successor do recipient of Deposits by you, 3. Any Deposit mach by you shall be credited mYhd se:'Unito Stated Postal Payment gap s age for PB S equipment USP may, its discretion, be hold within the Postal Service Fund at the U.S. Treas ry and may be comn*nged with Deposits other customdid wSYou sshhh not receive t be ? CMR st or of a Such Deposit will such Deposits. 1. The USPS win provide a refund to you for remaining postage balances to CMRS equipment The lockbox Bank will anY interest or other the on USPS. These refunds am provided in accordance with the rtes and provide l rMaf to you for deposits otherwise T earned buxime Bank which shall collect funds on behalf of the USPS. shad regulations governing deposit of so to for CMRS, published c Da the Daneatic the U Manual or its o PQI c or. S. The Lad box PSI may deposit oxide on your behalf. The USPS will ?dno Si on orasch s. Any day, Icoma.an as to the amount of each Deposit mode Fthe SPS by you, so P Ian terms of this arrangement may be de need, modified. or revok by the USPS, with appropriate cone notice. Is regulations governing r the dapoeft of fiats for you and PSI. PBGS endlor the Bank 7. we published in a Do records. ti. Mail Manual of its successor. You sMI be subject to ad applicable rues. T ndorde n. B. USPS ing future chge a chanage uch AA04 regulations CMRS we orders, and S in the Domestic terms and condilare a msy be daIse nod in accordance with • hos' SP odes, regulations. the USPg, ndude tregulations and any oth and udh and conditions applicable to any Deposit 9. By engaging In any transaction applicable L Maw. The USPS rules, l he" this and often YaI prege hr the ewe S ery maker r equipment. yanyon oth ederividu acme cendncaraorgnhfg CMRS ere subject to this USPS Acloweted through the odrboz Bank, whitlh wi haw this .red of Re" postage through CMR grant of Deposit. ? INTELLIL1NKe SUSSCRIPT70NiMETER RENTAL. Pursuant to United States Postal Service ('USPS') rapdetlona, PSI must own the kdaBUnkO Control Caner or Mater (which includes the poNei "curtly device, the use interface or keyboard and dfepley and the mote lianas end you comply with ease ?nt engine). and you may rant and use it s ey for the ratPurpd of processing your mei, provided YhN you have • valid USPS ancened during the katlN Tartu. Yomir win phlvisiau and (x) eat ppYnbe USPS s,guetlons. Your rlglhts of use and renhal shall be mtormirwue with your Lea ('W" Term') and upon rr 30 days be blood the subscription or rental fees set forth in your Leese. After the Initial Tam, the use sod rental provided for herein may may rot be prior written nodes. Altar en'rgnotion, you rust return the WAliLinkO Control Canter or Motor to PSI in the ume condition as you received k, reasonable weer conceded by either pony subscription and/or rental fees wil not be increased during the Ir"al Tem. After the Initial Temp, PBf may increase the subscription eceor rental lees upon 30 doe s! notice will be given if oath increase is being offs el a Con and test xupad. Your the Increase have comes cue ncre Your dntNYLId Cargasp c« I M? An your lay Be peymeM When you receive notice of an increase, you may terminate INS use amid rentlW u9a date ective. Individual rate updates as a operate large. PSI reserves the right to recover at ddls" the hfeBUnkO Control Corder Manx and/or terminate this use end renal at my Ems and for any mason. you con oblsi under our soft-Guitirds Program or you will receive Tampering with or misusing the Int*MUnkO Control Curler of Mete Is a videtim of led" law. You must use only madhmants or printing devices authorized by PSI end orgy supplies meeting Pars Specifications. Consumable "plies any postage as, your reeponsIbaity. From ems to Imo, we may access or download kdemetlon remotely from your mang system equipment Inlelfdnk® lac nology to provide us with Information about your p0elege usage amounts and patterns. Such Information enables use to provide you with In bee customer, e bout other products and services that mey be of use to you. and soma of the aCaaas and/or Information may be necessery In order to conduct on I Individually Identifiable inlermetim hot we obtain about support and Information I di about out customers' postage used with third parties. ut yoin NSS marine will be shared by us with any Mod Poise. From time to Ems. wee may Noq Cann oouurrscle discretion to m„ep 'gatey d Sit about C ontrs Corder or Mate s • different c contact us if root have any, questions about arses date collection and/or sharing practice. You will noddy PSI the Initial Lin Turn but ordefter Mot lass may be t location. M u ortoder dto obtain oe postage, you meth contact PBh POSTAGE BY PHONED debt a~' Postage radio lea,, i Prior to moving the th your behalf t USPS, wbjact to fees may repayment I yocatio u andupon 0 does and or or writt e en of t i you participate In any PSI. PBGFS andfor Bank postage advance ? `w not pease durced of unused halfto , If my, bj ct mrda by USPS in you unde on accordance ter m a n c rent USPS xis oppli regulations. s, pollego lol aa and blood "Pen"t From pt?e? Le ay be ?? will be wi Yaw postsgaafterreceptofthese tams ?QuerialeLease ocepari Wlunds peernd llow eccee date. SOFT•GUARDO SUBSCRIPTION/RATE UPDATES. N the Luse Includes a Soft-GuardA Subscription, PSI will provide up to B Raw U 2mo be Installation of the applicable Equipment PSI will provide each Rata Update orgy k required due to a postal or artier pvice, Code or 12 moan period bYOwfihg the day of subsaipdon does not aver any change in zees due to custom rate changes, now classes of change rte. anon, dip Coda ui sores change. Your go your order indudh a Soft-GuardO aubaodpudn or k you hew rwafved the maxlnem nu carrier ashes or a change In kn ZIP Code or acne due to E Rote UPdefes, or eppnabla, al cue lhmcurrent Mat _mbar o1 Rote Updates under your Soft gulDmNnl relocation. Of poet not P Brs Customer Can Corner. There wall be no dwrg for Rah UpdwasuppOhd n 90 doe culler troMeachppYppe? r? motion. youwil automatically , you may Rate Updates Updates date ecrloble Equipment the execution t the e Lease, your moy purchase one at a leer r tae through PURCHA$EPOWERCREDITLtNE.1.PurdmhohPowerCredtllMeWorka • Youmo qulpmentianrNrnelmud by ssdion 8 Delow and tlheresMr ordering meter r () Y pamiciPNe in installed. Bowser Purchase Poww p W@n% by providing the requisite Information contemplated wmidhewr is eppocda (the' sees, omce stppYee, a other esrvias, ktchxllnq ante billing (a saMea to effectuate Shipping trenoactions Props,m' on lirw' b W Program'). When you or m ampoyea or agoM of lows wish apreu, impllee, of appernN authority to do w (an -Authorized User) through Me Purchase Powar program, such an order under the Y phone or olharwiee, low Purcheas PovwarAOcenml (tha'AOOOurnI?, war G charged for the amount of postage. produce. ofd services requested and the noted fees. Y eppnndh. (b) the Purchaee Powr uedt IM Is a prodtct o11M Bmk end Is nor swleblo to khdivlduNs for Personal. family, orheusshgd purposes. You will nafw You ma • the anon blYinp me De yor wish y laenneduro or ha pardon of balance, must pay the Aunt balance under the lams provided herein. P amts we due by the due date she" on your b*t for teach em responsible for the unpaid balance of the Pocono of tunder he the tartrsmd.that you pay at least the minimum payment shown an the sletoranl In the event of s penal payment you will b? nt. outstanding o lon the Account alla c is not paid in Judy 2. Deferred Payment Terms. By using the Purchase Power program, you epee that whoever there its an unpaid balers time to dine. for each day from the dale the d transaction the ue posted t date m Shown on your biNrp W emanl the Bank will Ch" you, and you will-pay, Interest on the the Account VMS from time to time. The Annual transa ti o Raapplicable hw count ? the data, the unpold balance is paid M run, N e variable nits liquid ?d balance of the Account From th of the The Nhq Striae Journal on Nor eat business day of t the and odthe d Ac cou rg will be calculated as (glows: the Bank will take She hi st to RathrfeAnnual Percentage he 'Money applicable to on any I At ation In the Street J Prime on e. Any ctwnes in aye of the month Percentage the margin disclosed below to the Prima RNs. The Annual Percentage Rate th be ' be ** l In the mRates' aeon The n Rob based on the calculation described in this section firs! wild day o an your next Opal. based margin which wit be added to the Prime Rate to determine the Annual Percentage Rae will be 12.75% ?aa effective June 0 2 the he day of yaw next billing .057531 % and the arapondingiAmual Percentage Rate would be 21%; however. provided, that N (using the t Prime Rethis Agreement, is in reed *a of Juno 30, 2008, m9 ryoee. determine the Annual Percentage Rate will be 22% (using the Prime Rate In affect as of June 30, 2006of ere In daleud under would be . 82 IM n the daffy Penoee Rate wpge be would be 30.25% In the awns of stxh • dalauY the dell Periods Rate Da •08287 % and which will be added to the Pima Rae to would ) . The default indereN rote will remain In affect for at least six bftg cycles. Nee Account the GIs in good Annual Parentage Rate 0 cycles, the Bank may. In its ado discretion, change the Annual Percentage Rae applitabte to the Account a ere zee becomes is current not ido in good subject to • finance charge each day will include 0) outstanding balances, minus any N salad Alior ccount that is real in athu unpaid The 0 for six conher charges on the Account. The Bonk wig dwrgo a minimum finance chr payments end crthe rfirianco eoNves a the Bmk on IM above Is less than doe . and i AO?"t balance anal V be "plied to reduce the outstanding balance of the Account and repNsh y??vaiife anble c?ren°t oMda The Bank Trey neruse to Mend lulyraa rcredit a the amount pl E y ? toes, and w existing balance axcaeds your credit ins. 3. Account Charges, urges prohibited by paYunot that you make will be In affect from Ems to lime. InCluding, without limitation, the loss and charges y relating tcobe tow, you agree to par Wtln fees and charges of which 4 the ti Bergh has ?ge pus low Yns; and (d) !eso mrilxthNa to the return of shy checks that you qw taanBonk as rag lo: (a) Innsetdlon leas, If applicable; (D) your feature to peer you noes. as the acme may the munt and may attributable to snow turner dt payment of the Amom•. 1. Acoown Cancellation and $ gee in .They mennar, (e) your wo dose Yourspec the Account. hereof, the bank may arge$ to on Account. No cancellation or suspension will affect your obligation to pay any ues you w. The Bank ey any you f teas or suspend responsible for of coon and may declare the entire Account balance due and peyetfe. If the Bargr is required to Mika collection action n amounts you °w. S. Enforcement. to yo IN you fall to observe the re ponen nose to costs end reasonable o tomaya' less. 8. Mwndmams; Termination. The Bank can smand any of ati vl f? non related a low the Program you will per you. Each lime you use the Program. you are NoniMng yoursoosplarm Y o the povieloM and lerme comet to the the notice and will apply to any outstanding balance on she Account. The Bank may terminate of r terms and any Ems. The Ban in it effect. nor Any smaindmond in the eve will become Any oul at s? lima obfipation will whew lomhlnatian of the m. 7terminate the Program at any m Thor Bank wig no aeecnn on the dale Haled in compromising any rights. The Program Pand nsdanwcus. The Bank may accept lath, payments, partial payments or checks end you in the s mo of any laminodon. wi oldtarhdrng ACT. To hap the government an rights. The right the lu rag va cos thereunder Shall be governed by and oonsWad in accordance with the few of he SING of UUtta h andod paY?t in Ilo . 6. US appli person To ho opens on cement. Accordingly. the Bank dasks ern end that anonyou ??deei nfyeg tos. Federal low required financial instihelons to obtain, vofy and record kdometlon IBy1 iC rgfiie each K)T _ l^ci?9 Your address and lapayer Wentiflcetion number. The Bonk may also air for additional L.eaae Form 15756V (Rev. 07/07) documenfyingb ainfornd information ation,orm•ItOn wonte appropriate that will slow ail gnaw . Me he gm Bank ng to o Identify nthat himMyourhar. npnsanaths who is opening the Account provide NMer name, address, data of birth, dtvse$ ken" O-Wor such other documents VALUE BASED SERVICES. 1. Fees. N yourleap includes Value Based Services. mass services wig be coeds evades to you through your IrdeRUnker Subsai these services will be included In your Quarterly I"" Payment. Your Fps will not be increased during Ms mo Tenn Mer Me erW of the e,lgr T ' aha the feet f Fps') for cosy InQeeN to Fees, but we will give You thirty (>o) dye' ceder wntlM rhotlce. YValen you faceHa this notice of on khReep, you may IenrMa t1aN eerlMaaa ee l Ma dale the IIIQIeN' we to your Value Based Services, the Fps wig be adjusted. 2, LYNad Warranty, We warrant trt fgt • period of ninety (SD) days from the datebe?li Nlecthe If Value any Based you request . delivery s will perform substantially in accordance with their spacfiation• under nomyl use. This warranty is void it the future to perlomt in due to negfigena or accident virusM00ntamination orb sof data. misuse or abuse. eNemel forces, loss of paver. power luakretien, operator wor, ceeurty (such as firs, good. or other natural pups), sabotage. repair or atempted repro by anyone other than POI or the use of supplies not msatino PBf speogalions. We amgrill responsible for ehainterrna of the Perfam hence N the Equipment Equipment perf.. all be gomned by tha werrnnty terms found In for Equipment Guide. EXCEPT AS HEREIN SPECIFICALLY PROVIDED, THE VALUE BASED SERVICES ARE PROVIDED WITHOUT ANY FURTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the dacumer of implied warranties Therefore, In above dledakwr may not apply to you. 8. LIMITED LIABILITY. WE WILL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR BY REASON OF YOUR USE OF THE SERVICES, INCLUDING INCIDENTAL CONSEQUENTIAL, SPECIAL OR PUNfTNE DAMAGES. EVEN IF WE HAVE SEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. a. Teminellm We Wing have Me right to Iaminale the smim N you broscii your obliMons hersurWer and fail to era such bhasch sift fty days bean notified in writing of such breech. S. USPS Provided Servicee. N one or more of the VYw Based Saws you selected Is provided by the USPS, than the d (30) hoe Nor you area applicable leant for usage an be, found In the USPS Domestic Mail Manual ee it may be, amended from "to time by ft USPS. Any a far n alMop la rva. and foe purchase will be payable, by you in the ease way that you pay for postage. The USPS to solely responsible for acceptance end processing y of custom Oed ragbywthe aa i for USPS Vskm fa any Based d See servile you spectO not responsible for the milts of any mrAswtlons Of any pan of the tommunieetion fink teen, telephone lines 1g Control ConW S dol ). If US PS we discontinues a service you hove erected, we will discontinue such service euamotiaglines connecting the fnteAiLkhargl Canter with this USP dace system). N USPS ENTIRE AGREEMENT. This Equipment Guide constitutes the entire agreement between the parties as to the subJs addressed in this Equipne oral end vrtiten, not included herein are not binding on the parties. acl nt Guilds, end representations or statomanls. both Leese Fom 15356V (Rcv. 07107) EXHIBIT "B." Fran:Oest:iny Image !_=n01r7+ering rho Flo PitneyEtovve;' uMcarfprf,- Your Business information AtA bo. DE8 NY(MAQ6INC t'uA Leoa.l Name et teeoae 167 Walnut Bottom Rd. 89f,"o AOvroes on Norl efmrn Cv+tM Noma nsta11 r C RD f K dilraranl t? billing atlarean ROM M 1,7175828281 04! 01 / 2008 13:43 9120 P.0011001 AW*& M Nutabtlr 7 b ?o ? ODA Name of lt+eaffa Shl 11a wrg T+¦ 10 (PEtNMN) °"f' PA 17207 71832 Q ext ]se III ceftlggMy-MA Stet. a . - 02W88 P E n4IM9 VAN R City A saw ' A•a netaAatrortCOrhwmono 0 - Your BuiI Need`, ? no toe A or w Y Bfaelnafaa 4lutlon 4esc rlptl., Shpdelobe 1'rodncb ou or e a J6 a 93 ?hfsefvr I,abat P t ?aa moan iav Kft 1bT rB ti4 r wM ,? ' ?h+ane eerwk* Lev" . .E t867 9calas Pe m*o864W&V trt 1 o O fAtftl241 Pm,grsa hr.dbyALAwRhr-4Uv wOua,fe.a4r+a?r T7rnv "a ( a noSp pfA Q?Uni?'„tn't*wtlpYoMMebr «AMyeurfer?.?au>taeMb. ? su.rs.,??AO+frr+es ?t`f PWdwm II PING 0, kw*9 w)Mbp Ps value f" wllhag N ,anm ?e VNrr ?hn Your P nlArit Plan UMbA- -2 for? fft'M0ofl6" CAN # ?lWtwN1 (x3??..f n,? ervm?,,,,e,wf?n,rr,w.esoey,?mua r Qelv?ed.wW AdvanQ? 00 `..? cht'ak of $0. ( ) Tax Rxempt ??floete at69 c no b4I Your ANtnf *b*dgar1ent " ,w «w,a...atis +f . .„ A rgr.omsx.?.,na,,: nNSVOe,..., inc. PitneyBowes I. Pamenb, YW. Ute CUalomar, Ilgr•e ro Nate Dorn us Dllhey Bowes po0a Fah•rltler rid XUUpplad byFDitney Bovrre? IInG (m''PE DaI,G qutpmenr), aallicl was MNtled M YW ncetl NNN.1nk®Conunl Ceaer ore OaOa one. E will be irwolced PewPa m««. wnkh re 1'Mie' ^a htluW Ny wit be in •dvenc°ue end due on IM'm'nN NI lonh on Pepe one (•Ouena Pro1NAy of PBI. YW aiess,eo wd.Ya; w. o Fhand a. ervi rCe* L It P'.OOdgyt OSe ; commwvicetlona Mom DBGFS end adlaatea :' VW p^, to rK•Ivs IacaDNlle GO=. UNLESS OTHERWISE E%PRESSLY PR 10 Y'w' ProduW ,rq BE CANCELLED OR TERMINATED FOR ANY REASON, WITH All PAI YMEM E CANNOT OBLIGATIONS BEING UNCONDITIONAL REGARDLESS OF ANY MA77ER INCLUDING EOUIPMEM DAMAGE DESTRUCTION OR OBSOLESCENCE. ,:Y 77S ARE NOT SUBJECT TO SETOFF, ABATEMENT OR REDUCitON. 2. Lease Term. TM Nhn a thin LNN is the Stated Term pus any •proraled UN , Ds Thal Slated Tartu Iegn, tlTo h' fM1 monh at IM CA quertw neat NYOwn of your first ^guNr Nuke unWrelq LaN•. TM 0•. tlsevr W and the bphntrlp a h, Slaad Tenn N pheral Prprativ U h' 0 IM date Egwpmsa duhg ete Pro^Ied U sage peeO ME?uipms pla Donlon a the Ou a+ta Penoq You eMY W r N •Pmrered Renr =.1 hcerpareNa IM remaW'ng paym,nta, UrINr'bdaro • rl,w taste tlurirp the Slaved term I•NdI aNecuve, or la ouba "Fuly Nrtnihelatl, we m LNN end the nsw NNe doee nos Oilcans ey r,Nstela Ihia LNN. 3. Lclied wi O ut Int. p and UCC F:Z. Thal Equipmam m,y net be moved Dom me speed wlthow Rral o0lahing our wnden corlNnL 7M Dartl,a Ylnance IeeN' o roCaiion d veined by UCC (tyhibtm Commarel« Cod,) ANtla 2A. We own Nis a E dfile and You wYl keep the Equlpmera Into Dom ,ny'ane a erltlxnbrencea, We may Ugn and file a UCC inerxinp alersmenl an your beheif (gscautone a. A„ignmeM. YOU MAY NOT ry Wh). OTHERIMSE) OR St/B ASSIGN, TRANSFER (BY ODERATION OF I.AW OR ASSIGNMENT' LET THE EpU1PMEN7 OR THIS LEASE (COLLECTIVELY hander all or a ) WRItOUT OUR PRIOR WRITTEN CONSENT. W mey sea, LY « env aasi 5 y P>n d This LesN ,Itd/or IM Egldpnenl. You N elm 0nnem by ua wits not (notarially change yow a . aUmOw/•tlge Mal obdg Dona heraulq«. S. End of Le•N ODlbna. Upon 90 tl•yt goer wri8en naive, You may, D MI In d•Nuk, also •mmg IM blfowklg opUOns wih N eanier IMn the end a the 51QIN 7e?im'•.C(al emeEirn 'N' suds MsWon Io Ds eBegh. M Isnna, or (b) pushaN IM Equfpm•nl'N la, nsw te•ae on mNw1Y eg^eaMe delsrmined by w. «(c) velum IM E°^ ^' roc Nit m•rkN Caw as reasonably tear •=661led. II you also b r•1 gubmem h is original corbtUOn, NNOnable w _ wn ha E ui y ?? Nr end Pack epntlamw^ he E upmsn Mks avatlebls 8-r our ^Ma"I o ?yW mwt da•Nal q i1M canmon rarner as v^ s 4A ^Wat:amenl valve and deNVSr a on boerd ttICII not elsa•d one a Iha lbDeG u IJOMI- OUDeid b any U.S. dal IAnalM w, aP•cly. If ya„ MN monm.lomonln axtelebna 1 Pbon,, You shell De de•msd to have entered hto tuCcetalW ledacbve upon 9d dal a o he SNNd Term. Dunng eny arch extension, you may aed r poor wnhen notice) Io velum, purchase er INN the E provided a0ove nI his secrion. paginate ,s B Taxes. You •0^e b Pay antl iheemrafy us (orb DBI, d •p0liuble) Iw N UNryas and I•xes tourer than Nxea On er meawted Oy ow Ml khCalll•) ^lated b Ihia LNN or .sate on a meawred Dy the IaaN Iransadioq pameMS, E4iprtlanl a EW,Pm ass loce0on, er S S ernce a r«arred In pillow. You •p^e to pay IM eDDicabte sae to cover ow • assoaaNd wilA IM edRlhisllalbn uPDOn bieey end tracking of audl charge, and tans rite, 7. Uab'Yh WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES 70 Y ANY ildgD P ICS CAUSED BY THE EQUIPMENT QR ITS USE. YW •grsa to rOivnbwa• us for, and Io detety u, against any coati, damages, or liability .rising out a UN a the EWi9ence, inUuWrp nasonabb allom•y,' lets, pvl sxUUtling hots ertshg from aW negligence erwaNw misconduct. Pass B. Lela Damanls/Renlmatl Mama. N any peym" antler Uk, LNN 4 nos pay h lux on a Dalere IN tlW date, yW wits be cl, gee •ppiceDle •dminiabative IN e desngwm accouMS YW also •gres to pay hlsreal on a Laaae hour ila tlw dale UrNN aasasN on allowad by Nw For each dishonored or telwrleda"r Daymenl deknWenl Under tfhia a ICY. D« Yaw or the maximum rate •sseeaed to sppxaebte retu,neditem lee. DemMl ibm, chary erdo M YW webs a. D•'uN. You -1 be N UnmediaN d•laull without notice under Ihia L•N• if: a 1 )YOU. te aaep Daymen hsavenl?• wlguld,tad, dAlave,'eCh any odter ebigeeen under mle Ma a progeny for tte Danelif of rr•tlifera; (e) a peaion 4loptl D 0 bu'kNaa, er eselgn your b•Navp nl «Nadvanry Nw; or Iris YW ere h del•ua under eny omer0 aerlll fuN^ r any •tr••menl Dalweon you end w. or you end enY a o g under 1.Olner AorNm r futu 10. Remedies Upon yow tleteNl we ma do ¦rIy w ate W he rolbwint: (e) cancel tka LNae ¦ntl enY OIMr APean«ms; (8-l ¦ec.N^N arq nWirs InwudteN paymanl, as Cal this" tlsrrtepea, of elf NNe p•ym•To antl Diner sums due tmGr INr LNN w tlW u ?gW^ krinrm' Tole gem' aCCNni,'aa comDanaafiwh tars, (c) ^quh rnum of tlN EquipeiemM Cen SIMeA Tempi. ?f ¦n emW a equN N 1ne _« 1?r fadU^ to r«um IM EWipm•nt ¦nd noI rein a determined by Us N our ^NOnsgbl? of he EWlpme^ eI tee and of gee q>oaition a h 11 edy*nma.hEVrPmsnl Byrep°Uoa.gy wMveny nod-ho+ oworaP JN,?',brlsa other Cosec IM OeNnce tics on tin LNae. You afaYh' EWipmenL we do nos via' enlordng ourngMa egema you. We vela D•Y eta ow Does,. Indudlrhg a0orney Nate kt entorc• hem el she Om• yW tlU We AN of Dula of ow right. ea•insl you even D we do nor cenononetl upon yea dafauif wrimuirq. rights end ramedu ere Cumulative and ere rbl Lrur Fomr Ter" and Candl nmr ISS5lV (Rev Con,) 11. Equlpm•a UU W IfMumallon. You shelf uN me Equlpm•nl vny, ly Nr buakva, « mY tl«ie?E N) N Me m•nnor spec n W qupMnL YW ahN rheWW end irobucions EgdpllaM You wM a N^pY wM eY Nwe Iay rePdNare telalDp to the w'erler10es, miller uNye/pN'o?W E°h1n1? ' by DBI whips wits Nyud• EyUn1 ePPicebN). end tee lanna aM Wn6tione a DwPNlep• evlaenptlg NdlrblopY Prmioone (if stgptes ane ahbpln0 «?enNS. YW dhaN pre • Mrle a oedri 1« Dottege. wanen0•a end eny Wnlletlon or d,tl n C?''N? DBI nsp«diny E WARILL V S OF ANY KIND, EXDRESS OR iM IEO, R NO REDRESENTATIONN Oq I WHAT TABI. INCLUDING, BUT NOT UM17EO 70, THE IMPLIE WARMMy pF MERCHANTABILITY OR THE EOUPaIENT'S FITNESS 150R A DEDZ V,R PURDOSE. 175 FREEDOM FROM INFRINGEMENT, OR OTHERWL9E. WE LEASE THE EOUtDMENT TO YOU •AS B,•'tM1ERE IS'AIiD 'WITH ALL FAULTS.' YOU AGREE THAT WE g NOT SE LUBLE FOR ANY LASS, pAMAGE DNCt.UDING INCIDENTµ, pONSEOUENTLVL Ih DUfdiNE DAMADES) OR EXDENSE OF ANY KI1JD CAUSED TAL 't; OR INDIRECTLY BY THE EOUIDMENT. WE HEREBY ASSIGN TO VOU AND YQU ARE DBI. EMI7LED TO ANY PROMISES AND WARRANT/ RIGHTS WE HAVE OBTAINED FROM t2. Equ4msM CoMiOon and R•eeh. Yalu aha11, a1 YOtrr elpen¦e, k•ap tlv E tepek, ufndlion anti worbrlg erder, • EgMpmenl antl arty related mai^ananp r d 'ry M°« ?d INr). Nh m•°y?'tnmapeq l tllairlp ntl1nN bush'" Mua. t3. Risk vl Leaa. YW Ntlalle and IrPN b bear ha ertlke risk d 8-N, hall dNbuWOn « o1Mr MPeDmenl aD?arllEl W a a exglyky normal waw antl leer) rep ggg a ceuN (coZ: lots. W N "I rMNve you a any of You op adoM wbsr rid W N' entire lane a this LNN. No a eepsrenga a any LOat. Y W t1N1, al alPenN, kw kmmWisl,ly notify w oeNrtl emN'rhgerrl? Is«agif'al r IeW wmeN; value uMw a OOmpNMneive?pvt ' of iMwrance 21.9508 antl provkN ut wish ry ^rhoe?. YW er yew gene mtm call W el I?gp. oawR disc :n Nlnh ^quidrq vbena a Y. pCNd" aN8«1a. ws may, h ^Mtl•d u an •tl Y Calved Vdu•s?? atrAbs 8N E u Ve1wMA%O m dafaNl cNrga en Ow h. glCje Ice YW. Babre ~. whpl wfl be gayly you a yow ab8palbroeto Na?'irr• pee Equipnanl?arW ? Pro . w? n na'd?iCNpn rid if -=OZ vMtl I"y b• hcerded h a wekame gilder • avyence of Dlaa,rlce. The Dream lf b to YW ell yW de nos ^lfpatdd ?W., ofd' ?' ? h Mrs wBtlherwlN ete net1u1)pr1, wa may immMlaNy eldude he rice a Inewsrltla wI11N YN Iime NawlMlan qupn«it In ale VekwMM, pmwpr':rd n DroNds u, wbi Mph' D YW heve enrof h to PBGFS Vak^ Plan. you -ad r4l Ndutlad in ethi 04 DgG S Value Pdlerl w Vsir Itgaetl h VMwMA1fp. D M Equgm•nI V to IM E WlpmNl ovgaa hall dose het ^auN t MAXS Mq any bta,? er dNbtrcaon E shoo (poNded you are MI in d,? uyar e,p a' groN napypanrw or "Q or prnaa end aglriprtNnl 'blWtbone wW ^meh p« G era ^glrind to rapaD place IM Ialder 1M terms o/ Dye netiu a the 8-N er tlem fall Io do ee wlhN 20 tlapDOm receipt NY rpNamanl Egtspna^ wlfl tlro tileel nmial w Ulf,, yLh . Titls b tee algNal or NmlineN tlI, VtdWMAxO prog^m. By provxpng Ute VaIWMAX! rat be'able to Ve"I Dten, we evil nos oR You a have MI rip W ' er aeNng You eIw^nu; ardor P', or tee PBGFS 1n•nUel Wndigon s L"se' tees Program . ge eNOpeted Ise or via see' 'ry agenMs Y dKrNeing vv la• -rl heetiell a Damanc Invo ves. YW •rynowtedpe hill Ute amoum a eerh 4eN WY ?Mpa? n agreed upon h •n 'rill" ph netotiedon baMean IM De/trN and DNt She undo i ' pgnanq of ow NeN LNN, YOU dfetlakn • ?Ohe e^ Proprlatm b W. 8Y Ysw ea G.:. a II•a eq hlGrt D M heaves- h eta ratted ore of ow bete pripng, whips Components Y Y ttuatratlon, Dw nos be imif•d lo, fNS essod¦Ntl wiD1 sfkppklg antl MrhNhg, qupmenl DYSceattrq and p 'MN uPDOrt Nniaa. Nate odginsDon wp oDNr NaN « ^laled feet end ¦ oWN? w OWAp:M D.'Z= N•N ?N?u aou The amour w alo ?mPUle ow land laxas cea'arutl and paid b the Stated Term. N you to ^gbNlmigan PwdlaN, e^ GnNrrMerer Rental, S«wa and/or Soh-0uartl®pammte ('DBI De Ilnhuken•oualy wi0f IIa N YWr hlNiLkhk? Comsol your INN wth PBI'aPS)•:=O' n LNN T•Nn, end such YNlanq•) C II. and PBI; other INa, der Yew OIr•rNri Pe W Yments (dbugh rill • Part of OWne De N aA ProMd.-d for n IN.YLe'? gene odellon to yoU Ovine pament erq wP pa'rW IY ifamkad on Yow ReniN U cenmenl D enY pBl PamMN haeaN. V Yet' Nvace. YVa mey inra•ess yow r such as E? ou?'?'Pr 0 N nook Dam•M S N qw?? n pubs. If N "M01-f on Converts eM NlfNDINiori. tainhb, Conwl C W Se a pamaM? to PBI Ioro"s non•relundable. 'h'r ? •ervicas ('SupptMgServia ?' aYaams iblegrabn and dab ?. The Support SerMCN payfolt, q 15. Orhgha0on Fee. Ur1NN paid by you aWerelely, a onafkn, tee b voter IIN en 09CUnanlatian, amounting antl tang y o r 0 Ni0a1 costs Nsoceiii WIh the Leah la tio., d N,cWNil:ed Pro N Phetion, corur c1l, Your OWrleNy Dement. 18. bridal Gala Pamenl. AI ow tlbc«ton, YW ewe Day your Ihst Ouene p Your exetlr0on of this LNSra. Thb deemed to haw been earned D^cei!? end sMD M • eetl D'm b o? b, NY eymenl upon y PD krIS a Wa` yow obigaism b make your hat Ouwt•riyw' E ay he :M- :iver¦. Tkne a ofM hewlml •tl Dy Nw, yW waive arty ndrNa yW now w N.er WDm+""a retl ^guh W 10 ate, NNe w atNlwlae Wa ]n EZp":nl, a wTiul ma ^agN NcuWnp our teMRatlon bl 8te remain, Cal r her the rights end ^mey eaN'MN' serifs or modify any of ow nON- or rem w of 1M LNN. ANY LEGgL ACT Under UCC ArYda 2A ($eCDae 5508-522) do nor ea. You epee pee YW FIt.E AGgINS7 US MUST BE STARTED MTH7 IN ONE I'I 2 Engin"ring th* HOW of Cou2Munktrdlwr YEAR AFTER THE EVENT GIVING RISE TO YOUR CLAIM. YOU AND WE HEREBY WMVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION RELATED TO OR ARISING OUT OF THI LEASE. IO. ""OVA 0ritsbalL IF YOU ELECT TO PARTICIPATE IN THE CARRIER BILLING CREDIT SPECIFIED IN THE PROVISIONS GOVE THE CONTAINED IN THE PSI EOUIPMENTRGUIDE YOU REOC EST RAND AUTHORIZE THE PITNEY BOWES BANK, INC. (THE 'BAN BEHALF, A VISA ACCOUNT TO BE K•)TOOPEN,ONYOUR SHIPPING TRANSACTIONS. . USED SOLELY FOR THE PURPOSE OF EFFECTING Io. Surviwdtity. bin 7 &WOn"IficOtlOn) Sa Your obf and 3 Section under O Section ime?s N Mnslal•men) Section a (buua). thb Lee", )survive NmrIneli;n OF Conciliation of 20. Miscewo w. "Mom then one I."" N named In this Lease, gab2sy wi0 be join ""rat You nPreNnt Mel You may ewiuyy •n4r into, and Perform, this Lee. and Sarvrca Agreement On Vow behalf f, rWel? il end s k NOniil tots LwN and EgWpneM evice AOnern•n1 consabutethis hintire smrY autroA agnam•nt D•W+ae and Me LaaN and EgUipneM in t his and Equ s4lemeentts, both pros each writ en indut Senile g0raamar.. ere PpPNeresenyyons r orde w101 bji rive Mont Ma parties By easr p?jOapurchase one. V . `Oryi to fwrq^ed herein or therein cry requell SUMOres u+ to obWn rn and in the I,,". including YOU( Wr lore iiiarlaef Information ,no,. 016- or gwramor n sirapons on gning on you now and In the Iuiaa . in number. arW you addMn, any principal, M1Mi ufeN inCaOfeN to furnish *__W Page Whir one or on akMOrmeDon wd Tu ?onel gwa? e and Onno bon consumer alhis or her t "number, and aUlh Pons n him or ter n COnlachOn her ocean ue to ODtal OM or more result heeol. .with and any aedh remanded as a YOU AGREE THATAN EXECUTED COPY OF THIS LEASE SIGNATURE AND YOUR SIGNATURE (AN ORIG BEARING OUR STAMPED SIGNATURE REPRODUCED BY MEANS OF INAL MANUAL SIGNATURE OR SUCH A RELIABLE ELECTRONIC SIG NA FORM, By US AMC) SMALL CONSTITUTE I ELECTRONIC MGINAL• BY US AND SHALL ALL CONS STIT TUTE THE SIGNATURE) MAY BE MARKED'O ONLY ORIGINAL SUCH AS ,L pAp THIS LEASE PURPOSES. ALL HATER COPIES SHALL E DUPLICATES. TO ME EXTENT CHATTE NTERE T NN THIS LEASEMAA BE CRE ED EXCEPTFlBY THE POSSESSIpONpgCURITY TRANSFER OF THE COPY MARKED 'ORIGINAL- BY US. THIS LEASE MAY NOT BE AMENDED OR SUPPLEMENTED EXCEPT IN A WRITTEN AGREEMENT SIGNED BY THE PARTIES NO PROVISIONS O Mymau cr CAN Chad oWAIVED EXCEPT BY OUR WRITTEN CONSENT. NDafacWn, afros no -Y a "Nor of our by You as a Ntllam•nt it accompanied by a s rights, Or n accord and 'of f a an aCCOr and Y apaMN agreement sxaculad by both prude.. aion, untesa Eouiomanl cetyica Lawl AOr•e,^enl. Ingo nlormauon Provded venomnlu rporated Terms: DeRnldone• All d Me of this Servte L•wl YotY('Sbine YOU` order Is incorporated DY reference and m have ihO Soma meAOMamlA'). The terms defn ode a pan artitgs In this SLA PBI I'M Drd•ar:hbstl on papa one ahati Provide emergency MPNr services for Equipment you 140 to cover (7oDJ) with niainlaance and arONMIS included with term Salo Y o ID cewr (i. U*.g ceren PCs and equivalent to new. nWdng rymanid q ,NUtinS)1a req=L* nyudytg new (or to normal weer. Thy $LA exaude, M urw or reIUft9d) parts and a+NlnDlra f n +OOw.re mNrA"nca Sridlorupdoles. a.wa at4 The following Ienwe and eondltlons apply 10 all equipment "rAce level ow"Monts. . To to Ba,If Equ? during V normal world +evte oramergeicy repair. You meal conga PSI for u •qurpment to located. Monde no houm (Own - SPm in the Wne tone whin to you may place a nosy through Friday. axtluaInO atiaaya) ('NomhN W to remote lei nrgUetl for service Na #a wbahe d'ng th till' O*hq Houn') 0r through Friday. exWSupport through all loo free nORN user fO addition. You 9w aresss and of as opion, pal to hobs Nse)ngy ?-to service YOU` EquIPMoril by M522 +P0020. Depending or, (Y, your E ipm nlMeAdey of the E of the ENWment and ft, ot adonsnu ur•d equipment depending Upon ft age diagnostics or oR-aile as ml um *1 the elf (or •problem' or (b) Onasa service, . replacement needed it,,. to moan war. Pais sqU wleril to new) Paris and terrible. ,or Your equipment not marulled as new will be ,rurhefiN for discontinued equipment ,or yow Equipment DY rOpi•cemeM and Provided only t ayNiaota g You Pat Writ, at no cost b your problem cannot be ry service is Provided ft lalephone, replace Your EQdPnen n, I Promptly NW new. reconditioned or remaannluf d over must U . Within five (5) days ef is of trs rWlacemeerat rodsquip Youb Pack YOU defegiw Equipment in Ma gg . caAo contained 1. `epacnt YOQ W119 that the ?ry fA Q the va ;pno lue of an any damageoe lo,arlie uAOn aJ1d ry11Nn n b P81. YW awvice Is Equipment unW pal re sarW- and if da for yOw Equipment by or>•ada s•Mce, remote den r:eiyea h. It ool tI r ON-340 10 SMY dMSed of Outside owtl• ern DBI'e. hateepry by pal, a NlVlte engineer In molt p ,, O Y bDtton for oriale service, Thera will be no hourly areot be 6`19414121d o ryes unless Service y needed to f Normal Womdm0 Wow. L Howe NI f re thYour e fornerve Ian Equipment are Provided without addAt uMiearaa and oilwmaledNf a0dm0. conaumebN suppees for as levels of NMce and onsi urge. NolwiMfNndn proloss, equrPMenr and primers for standard a p1In,heads for meets g , roof anal ,ahteN Other than ,hoot as forth herein a a are n not covered DY ou Program software for electronic Cswred by s SlA this SLA stalso ono wigang systems 0 e Y this , Rae attlutlW from average under 2.0 Exclusions. THs SLA •.audea +aroicas end repass the, negligence Of acci are made necessary des to Equi e., dent , 0am•pa in transit, virus contamination and loss of data. use 0f 'n4ing ace aa l in a manner not a Ls dzed say Into SLA or other applicable Rwrvdil s acnarMarlexam gas. use of Equipment purchase. an y and/or Inpurchase. lease or (such as 0th. v00a0e, IoW of ataamol In nvi0mmnl with uruUhSbte other than D flood. or o1Mr natural cups , aOoNwr, Powe Asuawtbn. Oaralor .,Mr. CMSUat &, the use of supplies or dher 9rndwMeeeair or ehempled repair by anyone Iy e "AWS a in connecrsn with the Lave Form Tm u and COndiuonr tSlSly (Incr. 4109) 3 . ?.ons, ISNUM to Use S Equino, pment I adOfotiW? P8 has adNaslcap. olonge updates •rWa bngr OoMP.UsW. WN no ionper PMvida Wppom 1-0 T- ERM PER OR HECHH LOII.?TER T F THIS AGREEMENT SHALL BE A RELATING TO THE Ef2UV AS MAY BE PROVIDED IN ANY LEASE (12) MONTH R PURCHASE TO ELATINGO THIS FFOSRU µDH MAINTENANCE COVERAGE AGREEMENT FOR SUCCESSIVE TWELVE (12) MONTH PERIOSHALL DS BE UNTIL E TICALTp , RENEWED TERANNATION OF THE LEASE AGREEMENT). UNLESS OR R ,TU NBy BOWES RECEIVES FROM YOU WRITTEN NOTICE OF T ERMINATK)N AT LEAST SIXTY TOO) DAYS BEFORE NOTICE SMALLBE THE ENDOF THE INITIAL TERM OR THE THEN CURRENT RENEWAL TERM SUCH American e PNey ?,HMnah, W! 114050. AN .mount. Dryo ADDRESS pt Y Bows Inc.. 2225 hporvleer rycelpi q •aat Invoice. taWr tvs SLA an tlu• Sid DSyaW Provided c• 4.0 Minder t s SLA MagythIlon. Ddrey BONS, may, Dom time 1o time, change M• Nrviees *I PiDNy Bowe' 6saatin Inns of INS SLA LA, on. With notice 4 or Dale Such Service, or sae S LA, from he odgnes 10c40n, Pitney Bowes m, e4Tem e0very by MN Agreement is in its soft. b You. to few. all, "afford b delft ft eri.sRe to Stich Wetrep0m and upon Written 11.0. In ft event of such a revision, you wta YPOrge 4f4a NI loch In Saaion agreemen daarvte es cemPOMM etltelebcosl a m?Daa?n1 a 4nN on*,M? Spy m„ a"'MSNnvw arm Obligation. Oney 8owf INNS advi son in 04m notice. eM bati. M its sale jUdOmenl the, Any such retie In Nt*•$ or rthsd change in NrvNws Of mrodlTcatbn of Taunts 4eRmeinaNgNej?. N Y;U race" notice that any yD You may If 11" Shilling 10 p" YOU receipt of such no Bowes fro`Wiftm m notice Of wison Ne Mils SLA Your 4 Wa to terminal. "(20) days a9r to (10) buaae s days alter o mspyneBgve .. MY Story letnInaaon by You Miss be o featye mull W-46 Your Customer •cceunt nmberr, nd t Yourtrofiee eflarmir4tion. Yotrhalite sent Its plimly kn4V Bowes Iee' OY ceftillea Mal Y y b0r and De P , mown mosipl requested, a th it p mum ,arm of this or 2225 Ameri can Drive. Neenah TAM r? NrOwMtp address: any re Services LLC, cover •o 4S bce?OO4 May Immediately 1611nYleN this SLA- Pliny BowNnena 1a1. •aorrNys' fallssea d idelnN to tlnieenteAcinO he d0fhe under Wa SLA. ntludnp teNpi•pe Mnger oller msfntenance Nrvk• fomr rom urn eateni pemwed by 4w. Y Piney Bowes ro a it you have 4rmneled this 4c* NMe Equipment or #* SLA N terminated by Pruey Bowas obligation shat be • Pr0•ref• provided in no Section 4.0. DineY Bows' aN• la trnation is due to Your breachilrefd av. SLA Paid for IM Nrmina4tl+arvicas e¢ep if tie 6.0 Fee$. Adjuraaenle b SLA MISS wit be made only at tone" time II reguiariY OPSMIed more than ore SIMI. qur"Pat do Y. IM days wtil be added to your Y Equymenl u YD annual rate. pBNy Bows reNMS ON fight not to W II e till. • a LA.19 any time and for any rNSn including bul not Oml4d I., OX A A cycle ceunl. or your ryhaef to pay any amowts ef to EariPNN or excerww SLA le not made in full on Or before ft due dale. you antler ay line tl alimiN+rrytiw lee • You e9a pay Play ? Da)mn1 vuNr tw fug, ef aNSNd on aaMrgUMI "Our*', Y BowY men aDOtieable Paris In ft Nash of 1.5!K irt' UM role aMw AS rite use cared +ipnalur• 4 are Nauanra that yp or„ MOM e or tie mawntmh n4 allowed b by 4w. Your ecceplonce Is SOMfied when ha authattad Ithe iu Iia b.moth i aria St DInay your PsymeM. WW w by f i4 acceptance ofYoucar a.0 UObMt•s; W rMnlY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PITNEY BOWES MMES NO WARRANTIES, EXPRESS OR IMPLIED FITNESS FOR A PARTICUINCLUDING ANY WARRrANTY OF MERCTANTABILITV OR FURNISHED HEREUNDER. OTHER PURPOSE WITH RESPECT TO THE SERVICES APPLICABLE TO SERVICE LEVEL AGREE ENTS WITHAGUARANTEED RESPONSE BE TIMES UNDER SECTION 11. IN NO EVENT WILL PITNEY BOWES BE LIABLE FOR ANY DAMAGES' INCLUDING ANY LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES EVEN IF PBI HAS BEEN POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PITNEY BOWES' LIABIUT ARISING ADVISED OF THE TORT OR WAR Ty ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY. IN YOU FOR EQUIPMENTOTHERIMSE SMALL NOT EXCEED THE PMD BY DURING WHICH SUCH LIA?RY ANCE yOVIDED DURING TO SUCH SERVICE. MONTH TERM 7.0 General ForWw cemr'•mlenca, my ou remain in afracl Mpleal Me EgUiPmni OOvomd by Oche SLA, Your n 19 reWacem m p_y Bowes aWpmet (t Ira Pitey Bowe' Men wmoM cei'ka0• &I eflachmerl to •rNWN not for Iha unit I* l epUlpn ML If you qualities) tim an e1 Your cewrad EguiDmeM o PIMa ri Bowel %a" . II you coverage for any qualifying tthti to continue cra a Covered in Ydu PiIney coverage am or Unit! and adjust adjust SPISM, toy Accordingly. II you rip not elect 10 continue CawnO• on the replaeerrian, p your me ra msnionance 0, agrrpn you may tomcat ons SLA n? Nrvrosa) deyf after tie dole o(your inttiat involoo. and an than 0nef remedies , cheMots fo VICIed for your Equipment WIN De +r *bf b pW y Bows' N ONebiiMW Dy P" Bows bath eira a Customer S7 d ?YNari may Satialaabrh Gu will Onh• to rime. In nm aranis Program) tie no awn, (tiraudhr0 urger M y damage, loo, PefriS, Or other Intsd•ntef or W4y BOwa be liable br enCualnier Including any 419 40114 mile His SlA Thos Consequential damages for nonpedo name, N n r oral w WriteN covered- ed sUOerNdeal safa4mnfs eplnd•Mnte11IS DemvNn w Y rL at otter documan4 M so pilot ain., this SLA Purchase orders Of n ley purPOrf tit ON" us in any?beY d via berths ere Mlsasd, The so Of any Other document that add b, r Y IMm Or nl tot Nrtne ef Agre allement bahve•n Prthe g y 60(haslicense a0ryamwt or Softw•sM mama UU of N he y fyou aNNy over ne s eW totaling to be E u M mar any le0 s or thy SLA PhnOY BOWes Shutenott do netd se re Under #* g ?or that such delay for atq determISy or fap •sIrperroMyncahof any Part 0trarrt0taS DS1elAred Io theBenNdextentto y a leisure Miutis from cautef beynd a control. ila firs. Nood, expiosion, ww, Iermriam. Labor tltpute. embaryo. OovomeNnt fequimmenl, civn or military eulhalty, --heal dlNSleM. Of other similar typal at nuetlona The FoMmAng lerrns apply to squlpmenl NMNIce level agroemeds with training and COV M wof IMUleaee MkWl egrNmanlt wtyl gwraIob11?eak0eroa?N lime (aa sMeled on IM W tie ). They rb not apply qulprMM saNka level agreemerMt. 0.0 Training Smites. You may receive Vaining during M lean of We Agreement at a We mulue0y spread upon by both pwbo. Such tMWV wNi ir%dude n overview l0 the o on how 1o use M ploley Bowes equipment covered by M Apeemsnt The number pwalooras) Irstrilriv am as f ppwsM Piet we included N W Of Mk Annual toile for your eeMn level agreement ¦. mail linishin0 Products (which Includes insists and scales ) receive up to horny b. far (Ie) fraW g "salons in each IwM month period. Onaln mail raMehip 000MM11119 sntuti0ns receive up to four (e) IMining mssione in each tvreM month pedod; and c. mail creation products (which includes tabletop Iolders, tabletop inserters and address printers and the DocumalchO moiling syslem) receive up to bur (s) Veining sessions in each twelve month period. 0.0 Additional covered harm. PrFnoads for males, In10Niink4l) equipment and pnnlen are provided without additional charge. The rollovaNng te(rmsePUPytltO egWpmed aervlee level •greeetents with gwredMtl oquipm stir kc m title cover page of ate leaaa} They do not apply 10 basic agWpmert ssnk e level agmmoMS , Iretntrng anyor O"IforrkM service level e0re0manb with 10,0 Provenllve MelMbrynce. Services. Pitey scoresnanalleperform maintenance on the Equipment which shelf inLlud! maimn el am nonsaperhdaMe perts, a;tesning, lubrication, and ed)ualmenle, when applicable. Preventative Maintenance services "M be performed of regular intervals scheduled in advanced at a films eonvantnl for both parties and based on the manufacturers' recommended prsveMlVe mebhknance schedules. 11.0 Response time. it Pitney Bowls detsrmMa that on-&% service it necessary, PM ey Bowes t~ reasonable ceipt ?l^oa our al1Of410 have a service IWIfil ten On•aite within four ? business noun of our re Bowen' bwMss noun are Monde I?hiip cWat to pars ION tee number in Section I.O. Pliny Equipment i locelsd, s are Y h Friday. 0 em to 5 PM h ft Mme ins where tic hettea antis to al erivat or .g hoOdays. You acnorledga, however, that We response time n Wt*s the time to nwNe of kcahidan at your locate. and Orel response lime does not such low e hour ins Problem. This le nol a guerentee of pn* m ras0lutlon durehg such 4) prod, nor does it guaMnles that ON peds necessary is make a rape# Will at a be on-she ?? hin the rase One eamse. In your discretion, you may elect to sMedule seta t a ti b replacement. () hour response lane seI lorth heatn. Products deatgneled as etAe service by hot al to rng ee?nsooftwa ,kaintena cit. PreverMfve maintenance, operator e¦wng or edvance end she not pan of the response ti me b • forth condition eel M scheduled n tines gal foil herein, sh. 1 A does not respond 2.0 Llquidalsd Damages for Failure to Most Response Time. Piney Bowes epees that it Bowes will remounts your • site te within hl to (?: m of receipt of ft request for service. Pitney Bow s w ll with the mat of ft q (3) months or the coal at On premium also ored to M additional oft-Me guaranteed response time service as Comp cost o(makllnenee mverepo without much response lime Obligation CPromium') upon your completion of refund tem. You may request Ohs refund form Ifom Your Service technician or by wing M too bee number NI toil M Section I.C. Pitney Bowan Will then review your foguesl for a refund and sham datennene whether a c edit shag be issued based upon ft information provided by you and a review offs own records. The credits eel forth heroin are Nmted to ofsdMS for two (I) loWwaa to most the heaponse tine obligations in Section 11.0 in ray IweM (1I) month period. Lasso Form Terms and Condruaant I3356V (Rev. enas) EQUIPMENT Gt11DE DEFINITIONS. 'PSr, Ws' Or *Ue means Pansy SWIIJI Inc.'PSGFS- meant Pimay Bowes Global FnMdtl Service. LLC.'Sank, m•ana The gate Bowe PSI, PBGFS, Bank or you. You- and Youe mearb he customer. WARRANTY. 1. Wore D Y s Bank. Inc. -Pray that mean earn a Iaceadi to ONk a?. itneY Bowe! EWpmanl (MrehoRer'Etautpmonl'1. ug padbcadons fa 90 daya from Rase Sa Ue dole of (nsletiitloM1 N • tlNUd a lIftNe"Nre a and PROM's are , PBI will repair 4 or. alb warranted by PSI b be Ire0 hints dada N rreleuiN and Iaakr,alttNp and lit perform naue0atiMPedonnence Of cite es. The option. repace Y doro ?opo, A'datatT workmanship or a b? 0 in Pwk-Rate - wiTSt an oe (kit 00 clays Bata . gift s ti PSI area. be doe red brAUds tin failure of telex em 10 rcaeons YaPublished the occident. misuse. usage whirs mceeds manuladumes recommended professional Utd wOrkmwas* manner. Them is now es and le sin shot b 11 Made n resitry a maw of center nt• fiuduation, operator emit, catuN usage, damage in ironall, vitw contamination w low alleAa4« and missing shot lea mad. Ngtyry due flood. p or The seam ty(SUMS, fife. or other MDxN caws.), seb e, re ease or "Ouse, axtamNi laps. lost at ewer E my doss not cover cerqunaDN pine a hippie such as basis. his, kYC qag pair Of a11"Old repair by anyone Olhar gun P goner, power q -11"O. Z. oe.Not c and consumable le arts . EXCEPT ch STATED A root. sealer and mOttbna bushes, Dubs, IaNS and gar. use . NnDOea r u n10 esting pb apysoa at is. OE ipmom NTABIUTY OR FITNESS FOR A PARTICULAR EXC S STAT ?E. PBI MAKES NO OTHER WARRANTIES EXPRESS O IMP ater vent Dwarm ING 011 due Asir yyAw A PO THE FAILURE OF THE EAGES. ENT TOOPERATE, INCLUDNG 6EJCIp P81 EN7AL ?TNSEOVENTIA?L, SPECIAL OR PUNITIVE DA IMPLIED. INCLUDINRRAry uw d IM OR THE SVCH DAMAGES. ANY DAMAGES PYOU UNITIVE MAY INCUR BY REASON HOF YOUR AS BEEN OF THE EM kYAGES. EVEN IF PSI MAS BEEN ADVISED OF THE THE ACKNOWLEDGMENT Oi DEPO$Iy REQUIREMENT. B ACKNOWLE and faO with lames. You E agree that By pNM this I bk~ SuWdlpDOn/MeNr Renlal A Requvemen, as k may be amended ham time to time. upon execution of eta Agreement with P131. YOU w01 N be groomaro. You reaesen that you have rood nw Ask R-quimmord am ar its bound by al Irma aid condition. el the Adm??me O Deposit USDS ACKNOWLEDGMENT OF DEp0517. *WcWV nYxNdgmem! nl Of Deposit 'Bank') loo NOWL Into, ENT OF BY Pam qee Aso Nast a use pmputMYatl Motor reteWng system C-CURS-) molar 1-USPS'f r deposit a Into a P bank (lookbox Barth') la the Purpose of you maintain as the Bank ('your Reserve Agolft') Or mpu ansfer. you may transfer hx10 b The pNSI Bowes Postal Bank. Se Inc. (ON b,he„n you and DBt You mean from lima x 10 time, mutt tls Prepayment at poslpe on CMRS-egAVod motors (' air fora trargNr lunar o the United of a Psent Service The y pal.' en USDS may,. Na tlbcrNtaL designate posits in your Reserve Account or m• make Dapoaifl. 2. After the Meathre dale of 1M Nose of moles ere at agrearanl Resell Atxxtunt !hell be Nxek 0I • elrDCeatOl as necpitft a DapoNS made DoDosNe kn UN LOdcbdx Bank acreunt Identified as: •L%Aod Stales PoatN wised b L Postage of PMaA Resell o eOUnt-A by yo u b to LOdibox BNSC erxxlwd described abow. 7. Any depoW made SNV y ur Bank eeeonM alias be the d DY gat the P s orey fd Nle p till Resell d le la gmemenl and DNdpyry SISUMMI aomrningbd with De e cro d olMr asUSPS . You tMl rot receive orpos Ck1RS equpmont. Such ?wlNrp Yaw Rasaw AceplnL And Deposit made by you in your postage bsiancet to CMR S enti ied to incom a rm d Mb wlOos ON pox. The USP Fund r IM U.S. irep you in wdl alfift x regWtte egWpmMt The Ldckbas Bank wN proWde a refund le yo lu a despovils olMyYdsee holds rated on such h operefu ti TM USPS well n 1100oa, a ldarlca tvN nco wih lorry Mtl may a govemirtg repeats d Mtl! iot CMRS, DuaiMd in the Oomaatfe Male ManuY a Ns tucgtsor , S. TM LoydlDox?BapS. These rehuda area0V1d0d 1n 11ao You br nnukWtg On aach Our day, lrrlorm¦lion as b the amount of each Deposit made to Ta USPS Ora rules Md atlvancea My rehllpnutip cOrlpming edvarlcot Is (faayeM DY you, Pro PBI sere IlDdate Nt reooros 0. p?81 maw called fund, M DaMf a the USPS . AMY .precisp81, Ta USDS. with appropdala node. 0. USp$ r you and DBL palGFS Mdgr Ou Bank. 7. You Y deposit funds M tutee, re0uletions, and eguNtiont gOVernMO the daposl a funds fa CMR$ ere at the bunt Of Tie aRengament your D fee. The USPS wit make no NSW rue$CODta sew. TM USS rubs, tIM USPS, Inekrtfng k,taa tdNnpes b .acre tuba, raguNtlons ado udl edWionat,emy M4l p may be Mgt, morn., or revoked by agtNaon{, ad Old{la ai1N cola rtes may b You small be acco b all applicablo with through the Lodbox Bank, whirs sod Mw to eMd a xslti Prevd ?'ths even a e? cen1Yq vein My otlNr taunt and ,dlbnt as as may be osNrmktad On all ?txxad? with ro poxNge Though CMRS molar sgOtPmenL yeas ediviNes pnppllbons applicable b any Deposit. 0. By engaging in an INTELLIUNK®SU85CRIPTICWIMETER RENTAL, Pwawre b UniNd Sta,•. DoalN $erytp (-(ISPS? rpWaOOns, pall ratlsl own She are ?? to No USPS Y transaction securely refries, Ufa user inlal}ace or key0eeld end d Atlutpwbdglnenll of bet»all' m y ?±! and yW txfnnptY with (n Tao PrONalMe Ma (k]d IMappeceaa USDS regulations. Youattd uta N wby la Use p1 Own S e Processing Con m.?MNr or Motor (which nrApa the Pad upon 00 de Ink at Tenn. You sole be dyed Ute wbsolption a ramN lees tat t regrets at Use ad renter shell be ratemN ease O Tat you non t fray USDS n prior written notice. Aster Nmtill@ You mule return the mNlx? onh n your Los". AMr Use Initial Tom' tin use end remise min yew Laa (m al Term*) and may eit either xp on 30 ion M/or rental lea wits nit be rmingb ed CMaa Censer or Motor to pall In Ore Peivitled br herein may be malice will n ndsn 0 comes slit; WWI is lie. dwmg tin NYtlal Tan. After the Initial Term, PSI may carne tionidM at eanmake b ro ids pain eq offset by a domes Y hen n the w noticeo f oderrenYOU lN OU Don 20 N Iwe nd sear sxppud Your bliCriP the in VNN Dogma/ afbtriw. Your InalIL(nkm Control Gmpondtp reduction In your INN Payment When ayt' pea written heir., prpy(Oep no t emdual nab cupdoles omes as • repent. andlor Meta may requke ponodic rate I you W notelets Met o on Increase. YOU r ou IanDinSla ete Olio we and nklill Tampering with or missing Sthe eparate n?11®. Control PSI reserves Center or k1eWt i v ov n of Nate f law . You Must ?ai Center updates TN you tan opts„ under wr Soil-Cntal N fin W for of the dole doode s IMNOU Candle Conley or Maser MNa tamNtale No use and renal Bo d qNy s or you a recNw . 21rc.u.... Con¦umoble supplies and postage pro yew reoponei flitY From who b (lane. Wmay OIow load enb or pfthg t e pall Bond sully any tlma and w any hewn. upplies IneYtinkS, I@OmObgy to Provide us with Information about awes or shou rmraoed Insiove s t rem vide yoowith ON best ors and rmad pall's t gherP/othucN -'and seMce. Oral may be of use to your (loatape uaa0a Maowlte and WOema Such tnleonotlon •nablq us to provide y ntatihtg syANm aquprteo powered Maus h bout 0 o beheads nbmusen that we odan abed you. and some of use atxase ardNr Information m you lh ON beat cw,dlMr su smar, r aelomen' You In this manner will no, be shard by w wtih M? be necessary in order to tarldlKt M in DPrl and Momtition del. about ou Ins.tlLink®C T onbN Center Postage M ter to a WlfenMlopOa bqt.. A base tanNd w if you hew Y OYM parto. From yne to tlme. we m Ott Of mosciuked by USDS rapnls•JMt. Any . IrfiltN term but s"hom resat lesemay be increased In igordw s" to eblam any gwsti{ns about Tae del. cOtledbn ond/er tlM sing ey atop Nmco ow Rota Mole PSI ri r to .gp•ph upon 7D day, Postage, you u mule center pall's POSTAGE BY DFIONEm date coa po,VUa You will prpgsty Molly pW pea to moving IM on yew belies lY VSPg, e1 pea stag ,Yo Mu You of unused Wecl b repayment by you under the leans and m Y Per6dpela in any PBI. PSGFS andror Bank ce y, real fat. O any, ym n IN taiga darted Dastege, 0 any, wil be made by USPS In ac ardancowit Tan Of -.-no puapplicable paN? ? nCe Program postage em after and receipl ipt of the" P tape amurs ma. peymeN will Da. Rokin d ca of the" y I Nrmlas rraaMlyowaouenedyed deemLaaYar.atx P,,,,,,atwda SOFT-0VARD®SUBSCRIDTIONIRATE UPDATES, ti tits Laa. trewtlu a SM o haalbtlon a lie applicable Egdpman. PSI vde aoNd• art Rate U ?rtlm su0t edance .uDarnpaon tlces nit covet an OIYy N re WPIIO?aW as Provide up to 6 RN• Updofes duong each 12 month period ION Inckrds a SasGuo Y dNrtga N rase. tlw b.atom rele on?a u, Wked tlw b a CerNr dunge real, sorvicsO . Zip Code a coin Role Updalee, at um hamper a R•b rice ore dung. in Zip Coe orso re due b EgwP change. Your Yaw offs ird o P er¦ Cwmmer ePpacaDN, sl tie Ilten-eunonl list Pdce. If yYU dp not sled lY ?Nes under yow SoN-0uaMB wbeci msm rotation. If oror doe real Core Gntar. Tare will Do no charge for Rob pkduae a x01{-Guam tlAStdptipn pion. You will OUIOMO ONlY recNN Rob UpdaNa soppier waNn `W days efrer tin a IPM the execution of Me tease, you may tat ales at le ttiru DURCHASE POWER CREDIT U DPOpbte Equipment is bnl installed. Y Purchase one al a 1NOdala through e De1ow end aNreafta oroe,rlp meta reatdwi,NtNOCepttwer Creed tins wake. (e) roc may partldpale in the p ePpiceds Its d aupaNS, or rho semcee, (ndutl r p Amer b t wdw" paver program. by P tin mqu sb Imlemt••al eon by Section orm 13GOD Blabs employ" ine'Program-) a yow. WIN subsdsiib implooss Eo i?ar.nsomagee servi eo (.sway utilise ON (apwcservice to Mta D weedualit slWt in atrM conk 1 woven nt• v D Imgrsan ou err Your Purchase Power or age 0(yo Greet sin to ?a an O INN to permit postage and ~an*do USDS Nos. When you or or, aen(ces re Pay la permit Postage and associated USDS lea, your Purchase Power Such an Ofd. undo the D _ ted well i receive s re a boy slatmeMina each applicable. (D) TM Purchase Power Yr"I lift. lea Product ewer and to n Account (IM'A le b 10 in) Gs to,rnyo?« the mount at es ao• of a you Postage purposes. dab xhown an w billing cycle in which you have a adMy M ON of this Bank end Nip bala ce dfir th uN for family. Of houseboat 'and yaw billing alelamere. You may pall the sure DNMce due as a Atx:Owt You mule Pay the A Pereonalrem dale S Payment You veil be responsible fu fin Punpaid ay O balance of ft DorOOn at the beNnea, provided that You balance uifdamimmum r the bmay ant sho n On margin. Payments statement In p event You IMr. is an ant Y balance resp on the Accau i wrier She terms MrNIf. 2. Defomd D m poll o+1loess Ole using he .,ch se sawn M T. u We n at .vent at ee there is a the A,d bala loom um, Outstanding time. for th each uday f khMs d,ya(be i bMNbby the is posted to One o Account Until the of of BY wiry the Ru you. I power m, you agree that whenever, bPercent ao• Rate WWtceDM b is tat on unUf 0ii?t Statement o the d bawig ciwgo You, Mtl o a so mill q? to the Annual sum (a) R le appl'Drente the Account from time to time. The Annuai Patcatllage Rate applicable to Uta carped eletlp is you will pall. Interest on to Unpaid of ulds highest Rate, Published in 'he and the Phna Rate is Mrein cased the 'Floating Rate TM RAe1nnuN pduorcnnol The IoM Sheaf JorrmN on to lost ay of the mint and (p ate nk din 1 pine below will be W W an as follow.: IM Bank wR afro 1M greva or fd 22% and (e) IM Percentage Role based on the CakWtion descibed In We Illation will become Msctlw on fin first do y at e ye mur neon" da Oasia n p bacycle sed They dol a* Ebeling Rol. wig be 14.75% lusirp lie Prime Role In affect as a,le y frueknl (1M Sun, of the Mason Rate will be adjusted a January 31. 2000, the dpi 3% h corr. wNion dt in wail the n FIal enN taa•po 0 iIYN rhM p d b lie A ntral ccounl balance Mao n eubsed to a brbnce Cher" art day w01 Include d) euNWd' interest. fees, end other rh"lls on the Account. TM Bank soot tlN ng Dslan atas, of ,Yrtus anywould "1111? nor tyo*s IM °rnnppraaaq amwt perc taawo«uioioM 20.75%). The finance ch I QyumeiliA charge m.ke will Da pplietl Ig reduce ON oBaNrwil patents d ft AOpwd and rya $1.001n a ?n? by ON Bank On gat Acco nt that tl plus Your eld4lhg balance exceeds your dealt line. 3. Account Charges. Unlegs replsrtsh Your awIm1111i ped?il law The finance Bonk eta as akb chow it less Of them aay. and m amou Each a you notice. as the same may be In effect from time to time, including, without imitation. IM lest and Prohibited ted by ?i low. you ogee to pay such Ns and c ringe harge s d¦ ?I O Ou tlN M a own may refuse 10 0,06wrod Sather (c) raw exceeding your credit One; and (a) ores attributable Subscribed the to tits reasons deny ducks thal get relating P lo: a 0(ot foe., O s Pay I you have the ens Y emiftPo lagem service. you agree to pay a 1rensadion he in re as pad get Of to tits Beak a Payment d tits AawtlL Y19 i role) Yd cunt so financed exceeds S,, Ac w" tit poll a ?' alp manner. am eons 01 such .xcess for wet bb diption Is Level t, 35.000, 0 aw PomN p0atpa Ind ategyeted tat financOhouli ed Tlttttbttg the tie of the fotepaNp, I you Amount. No cancenation or Suspension will affect 000. dnlyowGsobsaNWien and any amounts The Banc may IOM is LeYN 2. and ti10,000. N yew tlbaoripuorough Level the ,Ins daYNq My DEng eyde b gt• balance due and DaWbb. it to Banc s yaw oDigNion ti n pay a any meunte Y any lion date d wspand the AccourIL and may refuse b glow fruits or du a' to me lake 60% of the balance due a. It. Amendment.; 7emcnNl ion . 7nsOBank Oon adlM or you owe. S. Enbramw& it you fair to obseM 1M provisirpat ve n rat in ran.moors an any other .yea, acne nsiaI. to am ACCOUM. You veil be reso amt bona. fin and mor Bonk may declare tie. q Y 0 Yow pcoepance of Ota Noma and Y a IM aaisiont area Nmns reielad lit ion P P able Id ale port e Amount Account The Sink Y NrminNa IMP Drowse u tin in'lead.noAr,tl y ententaneni will M /ogrem N eny Inn. DY wnnen rdtice b C011111121011 pain and reasonable Miscesan.ous. TM Sank ma roprem a any Gms. TM Bent will Come e0edlw on nta date alaNtl to Oe rat You. Each Gma you w• tlu P sM11 D• , acted teat PaYmeIs D.NaI m N roc in IM event a anY Nmaktetion ace arq wit eppy to anY Yates /egrem• you gowned by ono conanrued n eCCgdMCa with tits love. of OWN a Slceerks era money Ory•re naked app • Anal ouUWdinp obbgsda? wie sumwtng bNaCe M tin Lru< Fume 7cme en" rondinmt 1 f3N V ate a Ulsh and peYmem in full' wNliou(txxn Nrtntnabon of Ta Drogram 7 (Rcr arm) ticege federal few. 0. USA PATRIOT ACT. 7ohelm pjlu powmlmanhA nt?eeT atld,Ces NereU,tls! S g krradng a lerrorkm and romoney videlIdenfMng informat, Federal law, rarequires Handal bml"t*ms to obish,"and owd kdpnnsliM ml pMlirms esch person who opine M aaotahp. representative ewwho 11 information • ?at? your address and orn Byer tdentiF¦;ation number, The Bank may also ask for aduuonat idenwytip trdormason, wren dW^MtG tlN Account Pravda s1 name, eddras¦, der Of mb r, The Y. VL BenR ca Ihet you ". driVer's flmllas en ew such Other dooumaMa and 7nronnaaon refs •pPAropleN, Incplrg addgbreel your I WI slow the Sank fo identify Mnmer. VALUE BASED SERVICES. t. Fees. N your yens includes Value Based Services fru , asn7ms Will be made awlabla b you though your bWtliLYhlh? S?? c and tl fees (Teas') for TheW services Will be mcerdad in your OuaMnY Was PaW receive IN .YourOtFeuYIdWBNnDeOt beYounclmoysasedtenninat dtawgo Ins mitiat Term. Herne arW of ow initial Tenn, we may may Increase the You a WON, (d*ylV ll poor coded nodes. rlorl you se e node M , e F ig cnMas to your Vatw Based thaFees, but we w8 dive services perform stAatsrhda in Sarucaa, the Facet sell be adhrtted. 2. Limited Womanly. VYa werpwd that, Its • period of n a of five dole the increase becomes oQadhe. It at arty leM you request a inely (9 aY accordance wilh Nair specifications larder normal use, TMs warrMly Is vold v M failure b duet e from ft date accident. iru co VaAN wsuso a Ouse. urtemal bress, bas Ot Power, power Iluchrafion, Perbrm h a b msu Ono Sarhieas will m the use d supplies ma mss' P BI a operator arror, asuYly (such as tire , food, or other"Non W cWoa'L srbobareteapaar pa r ir or r a eernmgmee nlepair by anyone of date s on of loss , or the woad MIME pecilkations. We am only responsible fa maintenance of ft performance of ale EgApmeml. , rape c Bove ne by the other than PN perf iPmen! EXCEPT E VALUE RVICES ARE PROVIDED WV 0wAb b warranty Ism BASED SE EITHER EXPRESS Oq RR IMPLIEED NCLUDING BUT NOT1LIMITEDTO THE IMPLIED ARHRANTIES OF MERCHANTABI? D FITNNESS FOR A PARTICV(AR PURPOSE Some WNS do SPEC not atlow fat dhdsimer of implied wam nYSs. Therefore. the above dscleirmr m not MOllT ANY FURTHER WARRANTY OF ANY tCIND, BY REASON OF YOUR USE OF THE SERVICES, INCLUDING INCIDENTAL CONSEOUENTtµ SPE IAL OR UNITIVE. AM GES L OF SUCH DAMAGES. 4. Termdtelon. We shelf have fen Cur OR PUNITIVE DAMAGES, EVEN a Msuch . U FOR ANY DAMAGES YOU MAY INCUR bean notif ed in writing of such broach, 5. LISPS Pmvidad Sright I* Ismirsife it* wvko" If Ina or more of dw you Basseed Services you ores y uns MNhereunder gad is ]wad is provided and ]ailt y an IF WE HAVE BEEN m t e description w T^i^Y reop' p OF ec• THE p ices and have the applicable terms for usegs can be found n fen USPS Damask Mal Manual as d maybe am d bm Ime 10 time the S PS. "Araby ns LISPS, hen the over you o purchase will b. pay" by you in des soma way that you pa o!? e coep h The pay for sd ro or acceptance and prom ollea charged ni Pdal cvervics; es yu not responsible for the results of any malfunctions of my apT DMW le for by US PS for dlscondrues a serum you haw eelactad, we will discontinue such ser iceaubm ycally. . INepnone Gnea c°n^.cdrg the InlaNli^? Cwr? , u„ Is for Value Based Serylg. We en USPS data tptem), ti USDS end written, not included Main trend] binding on the parties. ENTIRE AGREEMENT. This EQUplnanl Gtdda CDnWYlas the entire agreement be"on the penlas as ro the subjects addressed M this Equipment Guide, end represMtalions or stefemMts: oral Lem Form Tam, and Cmd,nom IS)SfV (Reis. 1108) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r ILED-OFff"i: Sheriff ?s a Jody S Smith Chief Deputy .' ! FE 16 AEA M: no Richard W Stewart Solicitor r?7F9 Y L!?3I A, a i Pitney Bowes Global Financial Services vs. Case Number Destiny Image, Inc. 2011-1295 SHERIFF'S RETURN OF SERVICE 02/14/2011 10:25 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2011 at 1025 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Destiny Image, Inc., by making known unto Kristina Deutsche, Sales Associate for Destiny Image, Inc. at 167 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. iq?& MICHELLE GUTSHA , EPUTY SHERIFF COST: $46.00 February 15, 2011 SO ANSWERS, d - RON R ANDERSON, SHERIFF Joel D. Nori I.D. # 307248 Blair and Nori Law Group LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 B E I PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to CUMBERLAND COUNTY PITNEY BOWES CREDIT CORPORATION Plaintiff, V. DESTINY IMAGE, INC. Defendants : NO. 11-1295 ANSWER WITH NEW MATTER AND COUNTERCLAIMS : JURY TRIAL DEMANDED NOTICE You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaims within twenty (20) days from service hereof or a judgment may be entered against you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORT STREET CARLISLE, PA 17013 1800-990-9108 OR 717-249-3166 Joel D. Nori I.D. # 307248 Blair and Nori Law Group LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to CUMBERLAND COUNTY PITNEY BOWES CREDIT CORPORATION Plaintiff, V. NO. 11-1295 DESTINY IMAGE, INC. ANSWER WITH NEW MATTER AND COUNTERCLAIMS JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTER AND COUNTERCLAIMS AND NOW, this 16th day of March, 2011, comes Destiny Image, Inc., the Defendant above named, by and through its attorney, Joel Nori of the Blair Nori Law Group, LLC., and respectfully aver that it has a full, just, and complete defense to the matters set out in the Complaint, the nature whereof is as follows: 1. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the allegations set forth in Paragraph 1. Therefore, the allegations set forth in Paragraph 1 are denied and strict proof is demanded. 2. The allegations set forth in paragraph 2 of the complaint are admitted. COUNT I [FIRST] - BREACH OF LEASE NO. 7786057-002 I The allegations set forth in paragraphs 1 and 2 hereof are incorporated by reference as if set forth in full. 4. The allegations set forth in paragraph 4 are admitted in part and denied in part. It is admitted that on or about September 29, 2007, Defendant entered into a Written Agreement with Plaintiff. The Written Agreement, referred to by Plaintiff as a "Lease" and attached as Exhibit "A" in the Complaint, speaks for itself, and Defendant denies any characterizations thereon by Plaintiff. The allegations set forth in paragraph 5 are denied. On the contrary, Plaintiff failed to provide the equipment, software and services as described and defined in the Written Agreement. By way of further answer, the equipment and software provided by Plaintiff did not include all the functionality as described and defined in the Written Agreement and as agreed upon by the parties, and Plaintiff failed to correct these defects as obligated or within a reasonable time. 6. The allegations set forth in paragraph 6 are denied. The Written Agreement speaks for itself, and Defendant denies any characterizations thereon by Plaintiff. By way of further answer, Plaintiff breached the Written Agreement by not providing the equipment, software and services as described and defined in the Written Agreement. 7. The allegations set forth in paragraph 7 are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. By way of further answer, it is denied that Defendant failed or refused to make payments as obligated under the Written Agreement. 8. The allegations set forth in paragraph 8 are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 9. The allegations set forth in paragraph 9 are denied. The Written Agreement speaks for itself, and Defendant denies any characterizations thereon by Plaintiff. By way of further answer, it is denied that Plaintiff is entitled to reasonable attorney's fees. It is denied that the amount of $9,550.48, or 20% of the alleged outstanding balance, is a reasonable attorney's fee. WHEREFORE, Defendant, Destiny Image, Inc., respectfully requests that this Honorable Court dismiss Plaintiff's complaint with prejudice and enter judgment in favor of Defendant and against Plaintiff, award reasonable attorney's fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. COUNT I [SECOND] - BREACH OF LEASE NO. 7786057-004 10. The allegations set forth in paragraphs 1 through 10 hereof are incorporated by reference as if set forth in full. 11. The allegations set forth in. paragraph 11 are admitted in part and denied in part. It is admitted that on or about March 31, 2008, Defendant entered into a Written Agreement with Plaintiff. It is denied that Agreement No. 7786057-004 is attached as Exhibit "A". Plaintiff has already alleged in paragraph 4 of the complaint that a true and correct copy of Lease Agreement No. 7786057-002 is attached to the complaint as Exhibit "A". Plaintiff appears to be referencing two separate Written Agreements but has referred to both within the Complaint as Exhibit "A". However, Plaintiff has attached the Written Agreements to the Complaint as Exhibit "A" and Exhibit "B". By way of further answer, the Written Agreement, referred to by Plaintiff as a "Lease" and Exhibit "A [second]" but attached as Exhibit "B" in the Complaint, speaks for itself, and Defendant denies any characterizations thereon by Plaintiff. 12. The allegations set forth in paragraph 12 are denied. On the contrary, Plaintiff failed to provide the equipment, software and services as described and defined in the Written Agreement. By way of further answer, the equipment, software and services provided by Plaintiff did not include all the functionality as described and defined in the Written Agreement and as agreed upon by the parties, and Plaintiff failed to correct these defects as obligated or within a reasonable time. 13. The allegations set forth in paragraph 13 are denied. The Written Agreement speaks for itself, and Defendant denies any characterizations thereon by Plaintiff. By way of further answer, Plaintiff breached the Written Agreement by not providing the equipment, software and services as described and defined in the Written Agreement. 14. The allegations set forth in paragraph 14 are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. By way of further answer, it is denied that Defendant failed or refused to make payments as obligated under the Written Agreement. 15. The allegations set forth in paragraph 15 are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 16. The allegations set forth in paragraph 16 are denied. The Written Agreement speaks for itself, and Defendant denies any characterizations thereon by Plaintiff. By way of further answer, it is denied that Plaintiff is entitled to reasonable attorney's fees. It is denied that the amount of $721.96, or 20% of the alleged outstanding balance, is a reasonable attorney's fee. WHEREFORE, Defendant, Destiny Image, Inc., respectfully requests that this Honorable Court dismiss Plaintiff's complaint with prejudice and enter judgment in favor of Defendant and against Plaintiff, award reasonable attorney's fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. NEW MATTER In further answer to Plaintiff's Complaint, Defendant, Destiny Image, Inc., avers the following New Matter to the Complaint, but does not assume the burden of proof on any defenses except as required by applicable law with respect to the particular defense asserted. Defendant reserves the right to assert other defenses and/or otherwise supplement its New Matter upon discovery of facts or evidence rendering such action appropriate: 17. The allegations set forth in paragraphs 1 through 16 hereof are incorporated by reference as if set forth in full. 18. On or about August 28, 2007, Plaintiff provided Defendant with a written proposal for Defendant to lease equipment and software from Plaintiff, and for Plaintiff to provide installation, integration and maintenance services to Defendant. A true and correct copy of the written proposal is attached hereto as Exhibit "A" and made a part hereof. 19. The proposal provided that the price to be paid by Defendant included all hardware and software maintenance, parts and labor, installation, training, shipping and handling. 20. On or about September 24, 2007, Plaintiff sent Defendant an electronic mail correspondence warranting that the equipment, software and services would meet Defendant's specific shipping needs and that the equipment and software would integrate with Defendant's existing accounting and inventory management systems. A true and accurate copy of the electronic mail is attached hereto as Exhibit "B" and made a part hereof. 21. On or about September 29, 2007, Defendant executed a Written Agreement with Plaintiff. Under the Written Agreement, Plaintiff was obligated to deliver specific equipment and software and provide specific services to Defendant. A true and correct copy of the Written Agreement is attached hereto as Exhibit "C" and made a part hereof. 22. On or about October, 2007 Plaintiff delivered equipment and software to Defendant. 23. Plaintiff told Defendant that integration of equipment and software would take three to five days. 24. On or about December 10, 2007, Plaintiff's service technicians began the installation and integration of equipment and software with Defendant's existing accounting and inventory management systems. 25. On or about December 31, 2007, Defendant gave Plaintiff written notification by electronic mail correspondence that the integration of the equipment and software must be abandoned because Plaintiff was unable to integrate the equipment and software with Defendant's accounting and inventory management systems. A true and accurate copy of this electronic mail correspondence is attached hereto as Exhibit "D" and made a part hereof. 26. On or about, January 1, 2008, Plaintiff confirmed receipt of Defendant's notice of the failed integration of the equipment and software. A true and accurate copy of this confirmation is attached hereto as Exhibit "E" and made a part hereof. 27. On or about January 3, 2008, Plaintiff admitted to Defendant that the integration of the equipment and software to Defendant's existing accounting and inventory management systems was not possible. Plaintiff represented to Defendant that the equipment and software would integrate with a new accounting and inventory management system. 28. On or about July 1, 2008, in reliance on Plaintiff's expertise in the field of shipping solution systems and Plaintiff's representations and assurances that Plaintiff would be able to integrate the equipment and software with a new accounting and inventory management system, Defendant invested significant time, effort and money to upgrade its accounting and inventory management systems. 29. On or about January 7, 2008, Defendant gave Plaintiff written notice by electronic mail correspondence that the equipment and software that was delivered to Defendant, and services provided by Plaintiff did not conform to specifications in the Written Agreement or in Plaintiff's express written assurances to Defendant. A true and accurate copy of this notice is attached hereto as Exhibit 'T" and made a part hereof. 30. On or about January 7, 2008, Plaintiff provided further assurances to Defendant that the failed integration of the equipment and software would be fixed by Plaintiff immediately. A true and accurate copy of Plaintiff's assurances is attached hereto as Exhibit "G" and made a part hereof. 31. On or about January 8, 2008, Plaintiff gave written confirmation of receipt of the January 7, 2008 notice. A true and accurate copy of this confirmation is attached hereto as Exhibit "H" and made a part hereof. 32. On or about February 13, 2008, Defendant paid Plaintiff's invoice of $11,865.00 for leasing charges and adjustments, including installation of equipment and software. A true and accurate copy of the invoice is attached hereto as Exhibit "I" and made a part hereof. 33. On or about March 31, 2008, Defendant executed a second Written Agreement with Plaintiff. Under the Written Agreement, Plaintiff was obligated to deliver specific equipment and software and provide specific services to Defendant. A true and correct copy of the Written Agreement is attached hereto as Exhibit "J" and made a part hereof. 34. On or about March 26, 2008, Defendant paid Plaintiff s invoice of $7,628.53 for leasing charges and adjustments. A true and accurate copy of the invoice is attached hereto as Exhibit "K" and made a part hereof. 35. On or about June 26, 2008, Defendant paid Plaintiffs invoice of $6,996.00 for leasing charges and adjustments. A true and accurate copy of the invoice is attached hereto as Exhibit 'T" and made a part hereof. 36. Prior to July 5, 2008, Plaintiff had not been able to install and integrate the equipment and software that was the object of the Written Agreement dated September 29, 2007 or the Written Agreement dated March 31, 2008 (hereinafter referred to as the "Written Agreements) and Defendant was not able to use the equipment and software in reasonable any manner. 37. On or about July 1, 2008, Plaintiff attempted to integrate equipment and software with Defendant's new accounting and inventory management systems. 38. Between July 1, 2008 and June 30, 2010 Defendant gave Plaintiff written notice by electronic mail correspondence of the equipment and softwards numerous material defects. Plaintiff was able to cure some but not all of these material defects. 39. Plaintiffs equipment and software was never fully operational with Defendanfs accounting and inventory management systems between July 1, 2008 and June 30, 2010. 40. On or about April 14, 2010, and due to Plaintiffs inability and refusal to cure the equipment and softwards material defects and to fully integrate the equipment and software with Defendant's inventory and accounting systems pursuant to the Written Agreements, Defendant gave written notice to Plaintiff that Defendant would no longer continue attempting to use the equipment and software and that the Written Agreements were cancelled. Plaintiff did not respond to the notice. A true and accurate copy of the notice is attached hereto as Exhibit`M'and made a part hereof. 41. On or about June 16, 2010, Defendant sent a second written notice by certified mail to Plaintiff restating Defendant's intention to discontinue use of Plaintiffs equipment and software, and requested instructions on returning the equipment and software by July 1, 2010. Plaintiff did not respond to this notice. A true and accurate copy of the notice is attached hereto as Exhibit`?Tand made a part hereof. 42. On or about July 1, 2010, Defendant ceased use of all equipment and software, and was prepared to return all of Plaintiffs equipment and software, but received no return instructions from Plaintiff. 43. On or about August 3, 2010 Defendant made an additional request for return shipping instructions. A true and accurate copy is attached hereto as Exhibit`U'and made a part hereof. 44. On or about September, 2010, Defendant made another written request referencing the aforementioned requests for return instructions of Plaintiffs equipment and software. However, Plaintiff failed to send return instructions for the equipment and software. A true and accurate copy of this request is attached hereto as Exhibit`Vand made a part hereof. 45. On or about December 22, 2010, Plaintiff sent Defendant instructions for Defendant to return Plaintiffs equipment and software. A true and accurate copy of the instructions are attached hereto as Exhibit"Q'and made a part hereof. 46. On or about December 22, 2010, Defendant received confirmation that cancelation of the Written Agreements has been processed by Plaintiff. A true and accurate copy of the confirmation is attached hereto as Exhibit`Tand made a part hereof. 47. On or about January 14, 2011, Defendant returned all of Plaintiffs equipment and software and received confirmation that return was properly effected. A true and accurate copy of the return confirmation is attached hereto as Exhibit"S'and made a part hereof. 48. Defendant paid Plaintiff the sum of $75,560.53 between October 2007 and June 2010 during the course of Defendant and Plaintiffs business relationship under the Written Agreements. 49. Plaintiff represented to Defendant that Plaintiffs equipment, software and services had the functional capability to integrate with Defendants existing accounting and inventory management systems. 50. At no time during the period between October 2007 and June 2010 did Plaintiffs equipment and software perform to the standards Plaintiff warranted to Defendant. 51. At no time during the period between October 2007 and June 2010 did Plaintiff provide adequate services to cure the non-conforming equipment and software provided by Plaintiff and paid for by Defendant. 52. Between February 2010 and August 2010 Defendant was forced to pay a third party shipping solution provider $45,945.79 to convert from Plaintiffs non functional equipment and software to the third partys functional shipping solution systems. 53. Defendant was forced to pay third party service technicians $5,850 during the entire period between October 2007 and June 2010 in an attempt to make Plaintiffs equipment and software operational. 54. Defendant suffered additional losses of $7,847 as a result of Plaintiffs equipment and software not functioning as Plaintiff warranted. Affirmative Defenses (Misrepresentation) 55. Plaintiff made material misrepresentations about the nature, quality and capabilities of the equipment, software and services it provided under the Written Agreements and in express warranties and assurances. 56. Plaintiff is in the business of providing shipping solution equipment, software and services to companies with similar business needs and requirements as Defendant. 57. Plaintiff was specifically aware of Defendant's unique business needs and requirements. 58. Defendant detrimentally relied on the Plaintiff's expertise, warranties and assurances. 59. Plaintiff is therefore barred from recovery because of its material misrepresentations to Defendant. (Unconscionability) 60. The Written Agreements, as drafted, are completely one-sided and require little or no performance by Plaintiff. 61. Plaintiff drafted the Written Agreements unilaterally with little or no input or consultation with Defendant. 62. Under the Written Agreements Plaintiff attempted to disclaim any and all liability without regards to principles of law or fairness. 63. Plaintiff is therefore barred from recovery because the Written Agreements are not legally enforceable due to principles of unconscionability. (Termination) 64. The Written Agreements provide that if Plaintiff fails to fulfill certain obligations, including the timely cure of defective equipment and software, Defendant may terminate the agreements. 65. Plaintiff failed to fulfill its obligations under the Written Agreements, and all other conditions precedent for Defendanfs valid termination of the Written Agreements were met. 66. Defendant gave Plaintiff both oral and written notice that the agreement was being terminated. 67. Plaintiff is therefore barred from recovery because Defendant terminated the Written Agreements pursuant to express provisions in the agreements. (Breach of Contract) 68. Plaintiff breached the Written Agreements by failing to provide the equipment, software and services as described in the agreements. 69. Plaintiff is therefore barred from recovery because its breach of the agreements relieved Defendant of its obligations under the agreements. (Revocation of Acceptance) 70. Plaintiff provided equipment, software and services that did not conform to the provisions of the Written Agreements or the express warranties and assurances provided by Plaintiff. 71. The non-conformities substantially impaired the value of the equipment, software and services provided by Plaintiff to Defendant. 72. Plaintiff failed to cure the non-conformities within a reasonable time despite Plaintiffs assurances. 73. Beginning on or about April 14, 2010, Defendant made attempts to return the non- conforming equipment and software to Plaintiff. 74. If the court determines that Defendant initially accepted delivery of the equipment, software and services, Defendant validly revoked its acceptance of the non-conforming equipment, software and services and Plaintiff is barred from recovery because Plaintiff failed to perform its obligations under the Written Agreements. (Breach of Warranties) 75. Plaintiff is barred from recovery because the equipment, software and services provided by Plaintiff breached the implied warranty of merchantability. 76. Plaintiff is barred from recovery because the equipment, software and services provided by Plaintiff breached the warranty of fitness for a particular purpose. 77. Plaintiff is barred from recovery because the equipment, software and services that were provided by Plaintiff breached the express warranties contained in the Written Agreements and contained in the written warranties provided by Plaintiff or its agents acting within the scope of their authority. Reservation of Other Affirmative Defenses 78. Defendant believes and therefore alleges that Plaintiff would be unjustly enriched by any award granted to Plaintiff. 79. Defendant believes and therefore alleges that Plaintiff is barred from recovery by the doctrine of unclean hands. 80. Defendant believes and therefore alleges that Plaintiff is barred from recovery by the doctrine of laches. 81. Defendant believes and therefore alleges that the alleged damages Plaintiff seeks to recover should be offset by monies owed by Plaintiff to Defendant. 82. Defendant believes and therefore alleges that the Written Agreements lacked consideration. 83. Defendant believes and therefore alleges that the Written Agreements are unenforceable because it is so one-sided as to violate the public policy of the state of Pennsylvania. 84. Defendant believes and therefore alleges that the Written Agreements are unenforceable because of mutual mistake. 85. Defendant believes and therefore alleges that the Written Agreements are unenforceable or void because of frustration of purpose. 86. Defendant shall rely upon such further affirmative defenses which may become apparent during the course of discovery and therefore, specifically reserve the right to assert the same. WHEREFORE, Defendant, Destiny Image, Inc., respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and enter judgment in favor of Defendant and against Plaintiff, award reasonable attorneys fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. COUNTERCLAIM The Defendant, Destiny Image, Inc., by and through its attorney Joel D. Nori of the Blair Nori Law Group, says that Defendant has a cause of action against the above-named plaintiff of the following nature and character and avers as follows: COUNTI (Misrepresentation) 87. The allegations set forth in paragraphs 1 through 86 hereof are incorporated by reference as if set forth in full. 88. Plaintiff misrepresented the nature, quality and capabilities of the equipment, software and services provided by Plaintiff under the Written Agreements. 89. Plaintiff is in the business of providing shipping solutions equipment, software and services to companies with similar business needs and requirements as Defendants'. 90. Defendant detrimentally relied on Plaintiffs warranties, assurances and expertise in the field of shipping solutions equipment, software and services. 91. Plaintiff knew Defendants specific and unique business requirements. 92. Defendant is entitled to recover all monies paid to Plaintiff under the Written Agreements during the course of the Defendant and Plaintiffs business relationship. 93. In addition, Defendant is entitled to recover $45,945.79 from Plaintiff, representing the direct cost Defendant was forced to pay a third party shipping solutions company to convert Defendants shipping solutions system from Plaintiffs misrepresented equipment and software to the third partys functioning equipment and software. 94. Defendant is entitled to recover all direct expenses and losses Defendant incurred as a result of Plaintiffs misrepresentation of Plaintiffs equipment, software and services. a. Defendant suffered direct damages because Defendant was forced to pay service technicians the sum of $5,850 to provide maintenance and services in an attempt to make Plaintiffs equipment and software functional for Defendanfs business requirements. b. Defendant suffered additional direct and actual damages of $7,847 resulting from the material misrepresentation Plaintiff made to Defendant regarding the nature, quality and functionality of Plaintiffs equipment, software and services. WHEREFORE, Destiny Image Inc., respectfully requests this Honorable Court enter judgment against Plaintiff, Pitney Bowes Global Financial Services, in the amount of $135,203.32 plus, award reasonable attorneys fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. COUNT II (Failure to Cure Non-Conforming Goods) 95. The allegations set forth in paragraphs 1 through 94 hereof are incorporated by reference as if set forth in full. 96. Defendant paid Plaintiff the sum of $75,560.53 between October 2007 and June 2010 in accordance with the Written Agreements for the use of Plaintiffs equipment, software and services. 97. During the entire period between October 2007 and June 2010, Defendant was unable to use Plaintiffs equipment and software as warranted by Plaintiff. 98. On or about January 1, 2008 Plaintiff was on notice that the equipment, software and services provided by Plaintiff were unusable by Defendant and the Plaintiffs equipment, software and services were non-conforming to the warranties and representations made by Plaintiff to Defendant. 99. On multiple occasions, Plaintiff provided Defendant further assurances that the non- conforming equipment and software would be cured. 100. Defendant provided Plaintiff in excess of twenty nine (29) months for Plaintiff to cure the non-conforming equipment and software. 101. Plaintiff failed to cure the non-conforming equipment and software for the entire period between October 2007 and June 2010. 102. Defendant is entitled to recover all monies Defendant paid to Plaintiff during the period between October 2007 and June 2010. 103. Defendant is entitled to recover $45,945.79 from Plaintiff, representing the cost Defendant was forced to pay a third party shipping solutions company to convert Defendants shipping solutions system from Plaintiffs non-conforming equipment and software to the third partys functioning equipment and software. 104. Defendant is entitled to recover all expenses Defendant incurred as a result of Plaintiffs failure to cure the non-conforming equipment and software provided by Plaintiff in accordance with the Written Agreements. a. Defendant suffered direct damages because Defendant was forced to pay service technicians the sum of $5,850 to provide maintenance and services in an attempt to make Plaintiffs equipment and software conform to the Written Agreements and functional for Defendants business requirements. b. Defendant suffered additional direct and actual damages of $7,847 resulting from Plaintiffs failure to cure the non-conforming equipment and software provided by Plaintiff as obligated by the Written Agreements. WHEREFORE, Destiny Image Inc., respectfully requests this Honorable Court enter judgment against Plaintiff, Pitney Bowes Global Financial Services, in the amount of $135,203.32 plus, award reasonable attorneys fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. COUNT III (Breach of Contract) 105. The allegations set forth in paragraphs 1 through 104 hereof are incorporated by reference as if set forth in full. 106. Plaintiff materially breached the Written Agreements with Defendant as follows; a. Plaintiff failed to deliver conforming equipment and software as required by the Written Agreements. b. Plaintiff failed to provide adequate services to cure the non-conforming equipment and software provided by Plaintiff to Defendant. c. Plaintiff failed to provide basic equipment maintenance as required by § 1.0 of the Written Agreements. d. Plaintiff failed to provide Defendant with the equipment use and warranty information guides as required by § 11 of the Written Agreements. e. Plaintiff failed to perform Plaintiffs obligation to provide adequate service to maintain and correct material defects of Plaintiffs equipment and software as required by § 13 of the Written Agreements. 107. Defendant suffered direct and actual damages because Plaintiff materially breached the Written Agreements. f. Defendant suffered direct damages of $5,850 because Defendant was required to pay service technicians to provide maintenance and services in an attempt to make Plaintiffs equipment and software functional for Defendanfs business requirements. g. Defendant suffered additional direct and actual damages of $7,847 resulting from the Plaintiffs breach of contract through Plaintiffs continued failure to provide Defendant with adequate services to cure the non-conforming equipment and software provided by Plaintiff. 108. Defendant is entitled to recover from Plaintiff the sum of all direct and actual damages that Plaintiff caused Defendant that directly resulted from Plaintiffs material breach of the Written Agreements. 109. Defendant is entitled to recover all monies paid to Plaintiff during the period between October 2007 and June 2010 during the course of Defendant and Plaintiffs business relationship under the Written Agreements. 110. Defendant suffered consequential damages, as referenced in paragraph 52, of $45,945.79 as a direct result of Plaintiffs material breach of the Written Agreements. WHEREFORE, Destiny Image Inc., respectfully requests this Honorable Court enter judgment against Plaintiff, Pitney Bowes Global Financial Services, in the amount of $135,203.32 plus, award reasonable attorneys fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. COUNT IV (Negligent Misrepresentation) 111. The allegations set forth in paragraphs 1 through 110 hereof are incorporated by reference as if set forth in full. 112. Plaintiff negligently misrepresented the nature, quality and functionality of Plaintiffs equipment, software and services to Defendant. 113. Plaintiff owed a duty to Defendant to provide Defendant with accurate information regarding the nature, quality and functionality of Plaintiffs equipment, software and services. 114. Plaintiffs negligent misrepresentation caused Defendant to execute the Written Agreements. 115. Defendant detrimentally relied on Plaintiffs representations of Plaintiffs equipment, software and services. 116. Plaintiffs negligent misrepresentations caused Defendant to suffer actual, direct and consequential monetary losses. 117. Plaintiff is liable to Defendant for all actual, direct and consequential monetary losses and expenditures Defendant incurred as a result of Plaintiffs negligent misrepresentation. WHEREFORE, Destiny Image Inc., respectfully requests this Honorable Court enter judgment against Plaintiff, Pitney Bowes Global Financial Services, in the amount of $135,203.32 plus, award reasonable attorneys fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. COUNT V (Reservation of Additional Counterclaims) 118. Defendant shall rely upon such further counterclaims which may become apparent during the course of discovery and therefore, specifically reserves the right to assert the same. Dated: Respectful ubmitted By: J squire Off, 67 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 VERIFICATION I, Donald F. Nori Jr., do hereby verify that I am authorized to make this Verification on behalf of Destiny Image Inc.; that the foregoing document was prepared with the assistance and advice of counsel. Upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the defense and prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A 4904 relating to unsworn falsifications to authorities. Dated:. ts-- / / L'C(r' - Donald F. Nori Jr. Q. CERTIFICATE OF SERVICE JOEL D. Nori, attorney for Destiny Image, Inc., certifies that he served the a true and correct copy of the foregoing ANSWER, NEW MATTER AND COUNTERCLAIM by causing a copy to be delivered to Plaintiff's Attorney: Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 by the United States Postal Service through registered mail, prepaid postage, on March 16, 2011. JOEL D. NORI ESQ. I.D. # 307248 Blair and Nori Law Group LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 Exhibit "A. Pitney Bowes Project Prepared for: Destiny Image by: David Bilodeau August 28, 2007 Destiny Image August 28, 2007 Shipping Project SendSuiteTM Solution Page 2 of 3 SendSuiteTM Shipping Solution • System Includes: • (5) 1E03 Label Printers • (5) 2001b Scales • (5) Workstation Licenses • Includes the following rates: • Fed Ex, USPS, UPS • UPS Freight • ABF Freight System • Estes Express • R&L Carriers • Central Transport • Old Dominion Freight Lines Lease Investment 51 Months: • Without Scanners: $2476.00 per month • With Scanners: $2658.00 per month Purchase Investment: • Without Scanners: $71,031.01 • With Scanners: $78,131.97 • Additional Annual Maintenance: $830.00 "All lease investment prices include hardware and software maintenance including parts & labor, installation, training, and shipping & handling. Destiny Image August 28, 2007 Shipping Project SendSuiteTM Solution Page 3 of 3 Application Server Requirements Part Minknuin Recd#rnmeuded Os Windom 2000 Server ;'S?IntI311+4 1.0[}z Server CPi Single IuteWE Xeong 1000 Dual 54-b€t lr telg' Xeot -t Series -'.66G:' z or higher preeessct :cidi up :c _'NIB L' Cache. 3.8G ='<- or Ix ter P M I GB 2 GB. Net-woak 10^3 'I Network IX '4b:,-RV ork € better Net-,%,07k Card Dual ITIOOMb Nenvo l: Cards Dsial ' t b Nerwork Cards or better Stcra9e 560b Hard dace ar LkID Dedicated Physical OS Drive Cocfietuat€an Dedicated ?Iiy ico:1 Swip file Di l ve Dedicated r pp'hcation Dr c'e P -AID ` confieurat=_an Dependin ; au upti xe re jttrre en`.s, a clustered r _ecor dan- load i a inceds web _e : er a€m ue to ltiirrd Database Server Requirements Part Minimum Recommended DKIS SQL 5eRer'000 SPAS SQL Semer 2€0 SP 1 C-PT Single iweM Xeoul 3000 Dual tM-b.t Inrebt' `:eong Senes 2.6rG z or higher processors with up o _N.T L_' Cache 3.SGHz or better P.154 I G$ _' GB '_tietda<o:ld IM Nfb '-\etst orlt 100 Mb Aervrorl; -or better \ers•osk- Card D+.%d ITlAuMb Nerwc& Cards Dual 1011.^x` N-1 Network Cards or better taraze Dedicated Phvsical OS Drie- Dedicated phs•sBcal OS Drive Dedicated Log Drive Dedicated Log Drive Dedicated TempDb Drwe Dedicated TerupDb Drive Dedicated Data DBr,-e m 7: kD PAID 1 cmfigirration 5 cinfig.uatiou Dltd ka ..7edD1?1 Dr:,,-e inP-UD -' cr cona_uranon Del; sdic,g. on roar uptime requiretuent a -hutered chtaba>e 5e-der and :cQ shipping or database :inun ag hcu d be :onsidlered. Exhibit "B." sooo,o Subject: Thank You From: <Christopher.Lally@pb.com> To: <jin@destinyimage.com> CC: ; BCC: ; Creation Date: 9/24/2007 4:43:58 PM Sent Date: 9/24/2007 4:59:15 PM Received Date: 9/24/2007 4:59:15 PM Last modified: 11/9/2007 1:36:25 PM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 8494 Sender Name: Christopher. Lally@pb.com Sender E-mail: Christopher. Lally@pb.com Sensitivity: 0 Encrypted: False Read: True Plain text body: Jon: Just wanted to take a moment to say thank you again for your time today, and for considering Pitney Bowes to partner with Destiny Image as you plan your growth. On both global as well as local levels, we have the company strength to provide you with world-class products and support, based on 87 years committed to this industry and hundreds of millions of dollars spent on research and development. I enjoyed making your acquaintance and learning more about your organization, your mission and the applications that have brought us to this point. I am confident our SendSuite solution is best suited to work with you and your staff. I thank you also for your willingness to try to give us your decision by Friday. As we discussed, one in favor of our solution is a virtual "no-risk" decision, as evidenced by our Customer Acceptance Document (CAD) sign off policy. Jon, I know I speak for Helen, Dave and Jeff when I state how excited we all are at the prospect of working with you, and everyone at Destiny Image to install the perfect solution for your distribution. If you have any final questions, you can reach out to any one of us for help. Regards, Chris Christopher Lally Director, Keystone District Pitney Bowes 855 Berkshire Blvd. #104 Wyomissing, PA 19610 (800) 322-8133, ext. 73327 christopher.lally@pb.com= Exhibit "C." P es Agre nt Number Ft:itwHr'rstg f?:N r4uw _tca?? vt?y. Jnrt: '+ticr=. Your Business tnf6rurt uon DESTINY WAGE H14C RA Lpg* Name of Lessee DBA Nam of Lasses Teat 6I # f F M1-w) 167 WALNUT BOTTOM RD. SHIPPENSSURG PA 17257.58b1 Big Aftwo ? (717 532 3040 ext 15J 18456)23868 owrp rW?me Bang C x et # B Ind ciina # 167 MQUI aOTIOM RD St t P 17257-9801 H'4ftD ttim AclArm ( if dgkKw Ssn b9" sd*,e ) Staid TJp+$ Iroao wn CX)Mw hbl x IrWAR t M ClonwrZ Ph"10 # in"IatFOn QAN I A awe rgUe arsr epecmt r g reGu rernehts rye Irrobe Attwtbn of r ;571V-WV PCB a Your Business Needs 2111 qty ousift s S"ftn "wipoon 4. wj + •d wer*aA*diwww".,*,#a.m SondSaW - 3 Ertrlcs twvg A ura y Sine Mni ' a W ::. Ar-A:A k "sr,rw v «z a?mrsuM ? sz a ; .' '( - U9EIS /?'C'A7fI66' $?R/KJtd-!aM9f.TIH1'AJ .:. -.. ..; :... AWa Onrt Spr d*Q SIA wft TmO% jt wd Guarar+5ae:! 4 hbt.r P,yyyprygy 7a. `JIIC,, nnYe+l?r updaAax?gW ?nNmiant aisntnt?e IIyw do ndt t m 0? 5altA wo* r PO!Ilria7+0 L?r%Mripdd/0e: t? vo You *ask. yww H ptmw- *00w bov wd 0?? Poo" MMWI t lrresanfq&tsvrit 7Pof t 3 rv?...rtiw ?«?ra?r ++?w w oa?.t,., ?a.?oa?+,a?i a:w.r,nm wam.nxp,„-4rwp ro,,% a otolno"44ntlo i Yrauraralon 0 POWs V4* PUA { 3 Yw. ow* Vra. Man„-.+? 6eNI (lf }Ito AvNbiaert 1?? }nrMM M.4f q! awevsnae Wo /M nrra230 ?qR }s noa?d . ?71 tx i??IF?Ph Your Payment Ptah Che(* of $0-00 1 .. # { } Tax Exempt certtftcateF attached 'OMs n/l:M?sk7d?v?Y'apPRe?dt4efefsfL?xlA A.F4x++nr G1as'c QaM .rFa '. IpoAubk PtaiMd VePGt P.tCQ. Your Aokoowl&d&rncn# h:kiA.M; smoep rtr?Y i »P ?h Z Ck 5 " Date .kxgitl8n?Nail - tpl Ion MnnagzE t 00VER Ht LFN c 026 Acra?xrt R+rp ll?6LfiCt C1t?icae P£'!?S hcceaGir,cB Pitney Bowes Engineering (ha flaw of c0rnfnunica(ran- 1. Payments, Ycu, the ataso mer, agree to lease boa US. Pitney Bowais obal Financial Services (-PBGFS•,'we• or ), the Equiptneni ('Equipment'), which wGlas Seeded by you and supplied by Pf6,ey BOwes Inc, (•PB1) listed on page one. Equipment does not include any referenced irl8kinkil Coned( Canter or postage major, which remain the property of PBI. You will be invoked quarterly for all payments sat forth on page one ('ouerforly Payments L which will be in advance and due on tha seam day of each billing pentad. At payments shelf be payable to'PAney Bowes Gfobel Financial Services LLC' at P.O. Box 858450, Louisvdla KY 40285-5460. unless we direct you otherwise in writing You agree b remim facsinila , communications from PSG FS and affiliates relating to your account arW/or products and services. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON. WITH ALL PAYMENT OBLIGATIONS BEING UNCONDITIONAL REGARDLESS OF ANY MATTER, INCLUDING EQUIPMENTOAMACE, DESTRUCTION OR OBSOLESCENCE. PAYMENTS ARE NOT SUBJECT TO SETOFF, ABATEMENT OR REDUCTION, 2. L0311e Tamp. The tens of this Leese is (he Stated Term plus any prorated Usage Period. The Stated Term begins during the finl month of to calendar quarter neat fosowing the dale of your first regular invoice under this Lassa. The period between the date your Equipment is delivered and the beginning of the Stated Term is the Prorated Usage Period. If you use the Equipment during the prorated Usage Period, You shall pay ea 'Prorated Rent's proretad portion of the Quarterly Payment. If you enter into a new leans during the Stated Term which incorporates the remaining payments under this Lease and the now, lasso does not become eKeceve, or is subsequently tenNneled, we may reinstate this Lease. 3. Lowbon, Ownership and UCC Fang. The Equipment may not be moved from the location specified wfthoul first obtaining our writer, consent. The Parties agree that title Leese is e -finance lease- governed by UCC (Uniform Commarcel Cade) Article 2A. We own the Equipment You will keep the Equipment from from any Sens or encumbrances. We may sign and Fle a UCC finanong $4 to nont on your behalf (precautionary only). a, Assignment. YOU MAY NOT ASSIGN. TRANSFER (BY OPERATION OF LAW OR OTHERWISE) OR SUBLET THE EQUIPMENT OR THIS LEASE (COLLECTIVELY -ASSIGNMENT-) WITHOUT OUR PRIOR WRIT T EN CONSENT. We may set, assign or any transfer GO or any part of this Lease andrcr the Equipment. You agree and acknowledge that assigment by us wili not materially change your obligations hereunder. 5 End Of Leese Options. Upon 90 days pnav rihan notice, you may if not in defaull, elect among the fetowng optcns,vilh reaped to the Equipment. such election to be effective no eartier then the and of Ne Stated Term; (a) enter into anew lease an mutually agreeable deter. (b) purchase the Equt? tas Is. where is' to fair market value as reasonably mined b us, or (c return Equipment in its original condition, rasaonsus weer and tear excepted t you elect to refum the Equipment. you may Pay Our a pick-up fee and make the Equipment available Pdktdo-peddn0 and pack and insure the Equipment replacement aeament retrieval. tAKpmeM for its rut p for our udh value ue and a deliver r Ron board rtl S pea. common carrier sswe speay freight prepaid to any U.S. destination we specify, t you have not elected one of the above options, you shall be deemed to have entered into succas Pic month-lc-month extensions of ;he Stated Term. Ourirg eny sue; ptension, you may efact (effective upon 90 days poor written notice) to return, purchase or lease the Equipment as prowled ebove in this section,. 6 Taxes You agree to pay and inde:?avy us iend PBI, it apdhable) for ail charges en on of as (other roan !axes on or measured by ohx reel Mcoma) ra(aled b this least a 6esad en or measured by the tease VansaC'JOn, payments, Equipment or Equipment location. or Support Services referred to below You agree to pay the applicable fee to coverour expenses assodated with the administration, biling and tracking of such charges and texas. 7. U+abili(y. WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES TO YOU OR ANY THIRD PARTIES CAUSED BY THE EQUIPMENT OR ITS USE You ogres to reimburse us for, end to defend us against any wets, damages, or liability @rising out of use of the Equipment, including reasonable anomeys' fees, but excluding those arising from ourgross no9jigena or vnefu( nasconducL 8 Lele PaymanisrReturned hems. gaily payment under this Lease is rat patd in full on or beNnfore its duo date, you wet be chergad the SPPSable odminlalrauve fee assessed on daquent accounb. You alto agree b pay Iraerest on any payment delinquent under he Lease tam ;ts due date until paid M full at the lesser of 18% paryaar or the maximum rata allowed by law. For each dishonored or returned payment item, chock or draft, you will be esaessed tie eppScabfa returned item fee. 9. Defoull you wifl be m immediels default without notice under this Lasso if: (a) you flu Ie remit any payment under INS Lease When due or if ycu breach any olMroWfgthlo Lease. (b) you become Insolvent, are liquidated. dissolve n under No , stop doing business, or assign your rights or property for the benefit Of creditors, (c) a patron le Red by or against you under any cankrupicy or insolvncy law, of (d) you are in default un cer any otherprosant or future agreement between you and sea, or you and any of our BINIG103 ('Other Agreements ). 72 Remedies. Upon your defaull• we may do any Or es of Uw fO4OvhfV: (a) end any Other Agmem133 (b) ecceiaele and require immediate payment, amp h' Lease damages, of all tease oaymenU and other sums due nder this Leese or true 03 under an Other Agreements, whather accrued or due in the future; (c) require return or this Equ(pmaM (d) as 9 pa ?sof a;u rnmperrarbn for your fagwa to r'lum the Egtdpmeri and nct as a pans:., of an amount (o the remsinuhg value of the Equipment Term, as delerminao by by us! n Our roe sonabie d grant of the and of the remedy we may have at taw or In xrticn, ndya(e) Pursue any other disposiccn Of she Equip _ equity. You weave art). notice Of our of waivesi our Of CIII nt. By . y fright to c0flect the balena due on The Leave. You "itp Esit out a o we In de du ncionng waive ne arfwolng cur rights against you. We reserve all of Our gai even if e d two. in _ enforce them el the lire you defeulL At( of our lights and rights e remedies es are you cumulative ul mil tlativ4 an n not cond,tioned upon your defeulf conbru+ng. d are not Lase Ferm I 5J 55Y (Rev 03107) I t. Egapmna)t Use Warranty Information- y You shat use the Equpmenl only. (o) for business or commonest Purposes. and (b) in the mamer sPadfied in to manuals and i(0) for ono E9 availing the uiWmaara. You VAN a•OIVIM shelf oph t G ide by and tich onof creed : rels8rpfor bposlthe ,Cbv ePpaabte), sod the tamp an umkstionr tea PIYgd tsd"'aO?q rr e'b^a (d supplies and ?? a tihasa Power, directly rsWi it q wa"G$ and any You may cOmeetadWEMAKE AKE Rt P81 ESENTip Equi pment R WARRANTIES OF lintilellort ANY _or disclaimhas R IMP, IED NO REPRESENTATIONS OR WHATSOEVER. INCLUDING, BUT NOT L?StPTo. REGARDINGANYMATTER MERCNANTABILtTYORTHEEQUIPMENTrSF?jTHESSTHE FORMAPARTICULAR PURPOSE- ITS FREEDOM FROM INFRINGEMENT. OR OTHERWISE, WE LEASE THE EQUIPMENT TO YOU AS IS."ANERE IS' AND'WfTH ALL FAULTS' YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS. OR PUNITIVE DAMAGES) OR EXPENSE OF ANY I(t D CAUSED INCIDENTAL. CONSEQUENTIAL INOIRECTLY BY THE EQUIPMENT. WE HEREBY ASSIGN To YOU NOOARRE ENTITLED TO ANY PROMISES AND WARRANTY RIGHTS WE HAVE OBTAINED FROM PBI, repair, co Gaon Condition kkig ays?r, ?; 1 • at your 6"nae, keep one Equipment in good Equipment and any related maintenance rocordsoldldhrtnp normal dbaytaar)' We A1BY Mapes the nose hours. 1 other 3. Risk of Loss. You 963=8 and agree to beer klllellt of the E fh4 arntire tick of lose. !!hall, desfructMn a (otilt'C the del nl (excluding normal war and leer) ngardass of cause Loss shat nltew? rpm del' of aHpa" by PBI and ter to copra term of this Lease. No us In witkgy of . You o/ aril' Wof n Your obtgatona under his Lease. You shoo immediately nosy, Against nsurad oCLtatMa as'- You slag, al Your Span., keep the Equipment Of Other or Lose brit M y L replacement value under a 243-95M a "941116111 eebfadary to us (•Insurwhow.) You or comprehensive polkY of insunncoa provide sea with Such avid your OW9 must all us 41 14M If YOU W to provide such evidence. "may our ode diaaetan, roks. from or". . in our own progthhm (taxrer ty raNW VihragMAX® and charge ?trarta an d include the EguiPmor in denca a" nft4dad ee n additional dh•rt• on arf itvdcharge you s fer, which vA be seperat l ueMAX® P101111% end nth ft You. Before includn0 five EgUpnaM in the Yoelu of Your Obligation' b Nsurs "to you Equipment and win provide written notification reminding ie, no8tlaticn, which may be included in a Wet Co a lnin,,ot Of Insurerhca. The InPxnefion, VA be doomed received w at t packet ^t other 11,1140 Bowes present it to you. t you do not rem? t'1 Y«r al ore erns wa tslaos din the men, a aharwira the noliSation, we may immedstayyncluwith de Ode E? of Equipment in tthe he within the time g acifisd in Pf twith• ?•n?? W'he oof of going, if You two and wit e1?d in ? IM PBGFS Value MAX you need not Included In either the PBGFS Value pin our Vnot be afuaMAXA end " foss' tl?a e. damage If the or deter dt et to the Equipment occurs gut does sot result from e(p a daeonon we shat (provided you are not in debut under this Leepr re n?srtpt a want m'ment an your lease 061041100111 WON remain Undenged, t we are pair or radair or the Equipment and Equipment under the team of this paragraph and we (ea to do required i repair a rodaa the of written ndtos Of to foss or dSm1 You may terminals this Lease' Tift to 20 days hem nal or any redacemnl Equipossol will 21 GO Notes remain with in with th u ese. r be o the aiou R or temhkpls nhe Vekn pr ? By prr. We wit nor b4lbp to you if we MAX6 V01013 Pfrn, wa ere not o/fsA or we're o' tM ft VaiuoMAX0 program or the PBGFS hove roux ravtewed gals Lseas, this t you ihaurranca; oco?inpy slap nghlo agenda s Imandai condition Prot Nsm or11a esltoeaed fear. rarere they overseein bryg our P been 4. Comp harpoon o Payrant hvo?s. You ecknowfadgs that the amount *(each loose 1 sere agreed upon in an ermsaangt, notiodetion between the Parties and that the dadyirp otimpahants of our I4aso pricing am pnpd* V7 to us. By yaw wmoibm of this Lease, you dio", any Inlereet in tln amponenls of Out loan Pricing, which ownponanis m encamp e. by IAr?tion but not be fimited b. Is" asaooelod with shipping and handing. equipment rebtetl fee aand nd p ?kkiup• Sgnport services, base origirnton and other lease or associated with a lossa apaheas' and may of- include amoteta coated over from or ante yew QtlMarty P f1111-034"d lease with w or a __ party. The Smotada we use to caPflaRZod and paid by you Over t S atW Tor m. Nytoe. aupon Equinsi I Purchase U, are o r Old. your k ft* C nteriMeler Renal, Service arWkr SOR-Guad® payments fPBl prys co Control your Im" witllf PBWit GF the 4ryginninmd?e he Lean Term. Sid such payments (I'M" note pert of lease and PSI; otter fees, 008 end your Qd um" or in NS Lease e as n egamrnodation to you Quarterly Payment and whi be Separately provmz for in W11 are not included in yaw Quat•Ay Payment it anPBI Ps I Itemized an your Invoice. We moy Increase your Rental is brmaiab4 On 3 38 noenta fncrsese, Your hialli nkV QOrti'd ConlodVAter Jaya notice as Provided n yaw EquiMent Guerra. t indeetd on Pago such as you have agreed b make a payment ('Support Services P4ymnn to PSI for items tpatfon conversion. and otter support sarvica • consulting eeMaa. systems W" Services is and data non-refundabts. «pPOrt S41`14"31. The Support ort Serviaa Peym ygnanl is 15. Origination Fee. Unless paid by you separately, 4 ne-" tea to cover the origination. es m Mon, aced 9 kxxend apt?ain otter tidal Casts associated with this Lease is included dtaSzed amount in g your Quarterly PaymnL 18. Inilel Lasso Payment At Tour his oGetiorL you shelf pay your firq Quarterly payment upon your execution of this Losta, payment shat be doomed to have been aanwd when vre receive it and shall be applied immediately la your obligation to make your first Quarterly Payment, 17. Cu3t'-' W11". T ma 0 to extant tsanrhined by caw' You waive any I" you now or later Equipment have e under to reduce der reduce our or oth"M wn o h require sea b'.a, lease ni otherwise se sou Equ'P(WL a which me th"3 ndkt ding cur nalzation of tlha ny y otherwise Smlt a rnodity ny of ow ' remaining velum of the that Ins Aghte end rernodie s underUCC Ar lda 2A (Sectk ma 508422) citor da r4f ap You spre Leese. ANY LEGAL ACTION YOU FILE AGAINST US MUST BE SARTED wrrmiN ONE (1) to this YEAR AFTER THE EVENT GIVING RISE TO YOUR CLAIM. YOU AND WE HEREBY WAVE ANY RIGHT TO TRIAL BY JURY IN ANYACTION RELATED TO OR ARISING OUT OF THIS LEAS E. 18. VISIMAutffi6zeatm IF YOU ELECT TO PARTICIPATE IN THE CARRIER BILLING P CREDIT LINE CONTAINED IN THE PSI ROGRAM SPECIFIED IN THE PROVISIONS GOVERNING THE PURCHASE POWERO AUTHORIZE THE PITNEY BOWES BAN?tUNCNTGUtOE, YOU REOUESTAND BEHALF, A VISAOACCOUNTTO BE USED SOLELY FOR THETURPOSE OFYEFFECTING SHIPPING TRANSACTIONS. 1Sec 9.tiSurvtvandkty. Your obl'pations under Section 2 (teaserein.stafwnent), Sactlon 6 (texas), on 7 (inermi5cetlOn) and Section 10 (remedies) survive tamdnetiOn or , this Le ass danupalion .1 20. Miscee"Ous. If more than Or's Lesaae is named In IN$ Lee" 'ability Will be join and Equipment S represent esen met you msy bwfupy Greer mho, and pnlortn. this Laass and Agreement. end that tie individuals signing this Less° and Equipment Service Agreement on yourbehalf have eti necessary, su todty. This Leese and Equipment Service Agreement Cdn30bMe3 the entire agreement bahvaen the pollee as to The subjects addressed et this Lease and Equipment Service Agsement, and or not binding nGreaertteti0ns ng on both ma wsl parties and written. ktdudrtg purchase euchre, not Included heroin of therein not binding . $y exacu6ng page one. You agree to him sh financial i hirmilticr wttirh we may roguaat aro now end in the future including your I. identi6cedon number, and you evtnonze us to obtain credit reports on you now and In the future. In addlion, any principal, owner, officer or Q arstmo financial On Pogo Ona Or on any documents exowed in connection herewith a nancial and Omer ( future indudng hie or her social s"fi eir end I eon we es my now s Ill o request flip end in tits a consumer credit raPOris On hm or her In conr;O4teell n herewith rewim ith O i^d use any c te credit tn exam land dedea as e result hereof, YOU AGREE THATAN EXECUTED COPY OF THIS LEASE BEARING OUR STAMPED SIGNATURE AND YOUR SIGNATURE (AN ORIGINAL MANUAL SIGNATURE OR SUCH SIGNATURE REpR000CE0 By MEANS OF A RELIABLE ELECTRONIC FORM, SUCH AS PHOTOCOPY, FACSIMILE OR ELECTRONIC SIGNATURE) MAY BE MARKED .ORIGINAL' By US AND SMALL EF ECTNE PURPOSES ALLU OTHER COPIES HALL BE DUPLICATES TO THE EXTENT STMUiES THE INTER THIS ED IN N TOIIS LEASE MAY 9E CREATEp EXSCE PBY THE OSSESS. N SECURITY TRANSFER OF THE COPY MARKED' ORIGINAL' BY US. THIS LEASE MAY NOT Be AMENDED OR SUPPLEMENTED EXCEPT IN A WRITTEN AGREEMENT SIGNED BYTHE PARTIES AND NO PROVISIONS CAN BE WANED EXCEPT BY OUR WRITTEN CONSENT. Our acceptance of any Payment or chock offend by you as a settlement or an ssdrd end 3063(acrion, shop not constitute a waiver of our rights, Or on accord end satisfaction, eCCampaned by a separate agreement executed by both panties. unless EOUlomear Servim 1 -? 4oree - !^odrporated Terms;e information provided when you t by reference e of the of this Swvics Laval Agreement rSLp?) ur The der if l Or es described and made a part hevs ma aeme MOfni sin Ihis o%i d°tin°ffin*d or (-ym ad on papa one shill emergency re rim l P it you prr sued ovi b de Customer you win PCs n and end P services for Egvlpr I anng You raver quire den urban PC's acrd peripherals Included with uivalent to now , Ind csrtein inu m arrad or maor refurbished) pwt aiftd new (of eq to normal wear. This SlAexcludes 4 tdobllWera msiimt ruenanq art wfu and nd ttpadddwtfas, . needed due The following farms and oonditfons apply to off equipment serviee laver agreements: 1.0 Basfo Equlpmend Msfntonano.. To Main sarvice or emergency repair. you must contact PSI few service during it, norms; equipment is located Maud ica ?in (Sam - SPrn In 116 *no f Wtons when) o you may Pfep s requlest for serrvice viii pricier, wfib ? hol holidays) nadne fmd you have Hour acre the or to remote telephone support through the IR am to a' you have eb0ua through Friday, excludin0 hd tea Inse response 140"22-0020. D center ($ Wm l0 8 Pm EST, Monday end at its holiday.) ) at tto service yur ew. Dapamentg on your rvIce b sit type Repfaameani with now n-corhs dyo fight Oufacturad wMion by (e) Servk» by of the Equipment and the nature Of the Performance em Or (nl dspsrt er upon the *go rip diagnostics Of off-tile ear ice, including new (or dM?tor Or (b) wOrWto u an !ante, remote replacement needed due to normal wear. Perna ore asmb )Pena and d equipment aftemb4jej 'and/Or equiPment not mwketed at new wiY be d6es av dbts. Nwd aquipmsnl for your EquPment by replacement and our ro sm Cannot available. o service el provided P 81 win, at no cost to you. Promptly ship new. re snot be resolved over the ipmenoe, eph replace your Equipment. Within five reconditioned Or conoerhxad agionk you to musthe t Peck your defective E (S) days ip ing iprof h repbOSmant the replacement p you equipment. Place me shipping vupman in the tabs[ ro on n the at anon contained and mloti e on it to p lit. You i paid ntvm address t Son ere responsible re Pr vi ed the cruces of, and any damages lo, the Equiprsn until P rocaivas it l a service iend it deeme$or d Y ?aq ant by on-sits service. twroole diagtoWp or off-sib a6rViba to alive at our ' by PSI, a service WnglnWerln moat uses will be dlspdchad Your location for on.aite Service. There will be no hourly charges padotmed outside Para Normal Working Hours eat forth above. Lubricants and Omu Md is needed to service your Equipment are Provided wllhou f addirronel drerg ending i° the foregoing, consumable Supplies for tip levels of a• or motors, LA fntepdL-,ky equipment and pdnlen for standard service wewe notuover reed by f has S LA Protessiond services Other man those fat form herein aDre not A.' Pfogrem software forelecborJc scales and weighing Systems is excludes this S LA.' Nis SLA. from cov verage under 2.0 Exclu¦rons. This SLA exaudea sernces and reps" that are une or ace dent, damage in 6ensit, virus conemina media necessary due to Equipment ton aM nos of data , cote of sing fares In a manner not eumonzad by this SLA or other On Initds yof dot e, .. of of applica hu idty andor G nl exlemel faces, use of Equriprhsn in an MvIfOMbn with unwilebl (--ch ly and/or G. vdlsQe, Iota of slecfnW power. power nud0atldn. Operator senor, e Ceaualty' dt ea tire,8?. Or other natural ceases), sabotage, repair or attempted repair by ertyone other m n Pthe use 31 svpPhes Or other herdwaro or software in Connection with the L-FOrm t5356V (Rcv. 03107) Equipment not meeting Pat sped6cetiona, failure 10 use applicable sohwere updates andrw urse of Equipment with any system for which PBI has advised it mono longer prov de si P. o Me advised is no longer ccimpafibla. 3.0 TOIT& THE INITIAL TERM OF THIS AGREEMENT SHALL BE A TWELVE (12) MONTH PERIOD OR SUCH LONGER TERM AS MAY BE PROVIDED IN ANY LEASE AGREEMENT EQUIPMENT URCHAS DO PURSUANT OTTHISS ANWHICH DSHA L$TEEAUTOMATI? LL COVERAGE RENEWED FOR SUCCESSIVE TWELVE (12) MONTH PERIODS (OR UNTIL EXPIRATION OR T FROM YOU ERAlNATION OF THE LEASE AOREE-MENT) UNLESS PITNEY BOWES RECEIVES THE ENO OF THE INITIAL L TERM OF TER NATION AT LEAST SWTY (5o) DAYS BEFORE NOTICE SHALL BE PROVIDED TO TN LOWING ADDRESt CURRENT RENEWAL TERM, SUCH2225 oAmarioen Dm W, Noonan, WI 54M AN amounts invoiced under nit SLA ?o?a lute, aya ey 80wes upon your receipt cream hvdibe. lire end payable 4.0 MOdHIOatfon; Tarntfnatton. pnlnsy Bowes may. fiom time to 6ms rJenge to services PiroPviindendey underthtetaedd a' odifywin BourseSLA, mon, mroetltceermtosydou.INNatheSLA, or Wmfnate audit setvtcaa or "a SLA. moved from its original location P nay Bowes may °g" d cOVerad by NsAgreamanl is lsd? ndfce 10 You. to n1430 Oft agreement to duets the lxn•site in rat as ado di times set and upon *Swritten 11.0. in mho event Of audit a revision. You w91 receive roA remaining a in term Of your agesmatt teftedng the ceq Of that addi'on pro-rab remd for tie once time term service Of COMParad Id the loaf at e dn.aita WA such guaranteed response time any on. change 804fes wise advise Y ? notice. If it be6ewxsln is ads dg that rich an s in u. a oA_g r or noOfndlpmenj roOoOn tennis ortinfift is is at, N YOU reonW i notice that any chomp N service s daice e?tg b Pitney Swims written notice Your dawn Material. you to bnMnals t basminats in "? au.:n., your reap" of such notice from PNn ten (10) business days after PiDtay Bewea'race'pA^7t Of ysuch 141111111noson our naf"rajy"^i Y eve ma qua B?s Customer account number and. if epp4ftMp, your Ipso numbe sent 1 gitnye Sa 2225 cavilled mail, return receipt requested, et Me rand be term Of "a or airy oler a?„ Die, Newish, Wl 54955. N you breach 0 addnsc Services LLC, PiNa preertrnt with Pibney Bowes or Plytey Bowes GabN Foul ificcivair sett e[! sPeness 8ncxnd it yore ng°? figwrKnall hts and We SUL Panay ng iv Bowes may also Y less and htbnst to the msxirrarm extent under e this by SLA, law kxiudne Bowes na longer offer msintenanct service for rM E Mtr is S LA , i Pinney Bowes no or N you hove terminated tls SLA es Provided or this LA is Riney Bowes Pdnay 80vrea obligation shelf be a _ rovided in Into Sadism 4A d services exce ads lsnriMdOn is due to your breach of this SL ?d for ms tomntslat except it this 6.0 Fees. Adjuetnnnb to SLA rates win be maw only of K a nl is regular be ly Operated more than OM a'ryht-hour shi par day. Ira tw . Av@ days If par your week, • surcharge wig addied lo any time and your smut rots. Pitney Bowes reams the fight not to renew this SLA at for tea . your reason induLg, but riM Nmaled o, ago of to Egvipm.rtl excessive couir SLA it not u Or y in lulu ate Pay Y amounts due trader Nye SL k N any Payment under this administrative # s_ before Its due data, you snap pay Pitney Bowes' men applicable Pend in full, v the leaesrs? on dsllnquanl eocouatt month Of the ; k'dur7na t>tarw its due data until egnabrs i-5% Par s par* sus watt me allowed raw. Yew ur scWPlancs is siUr°"°° that YOU haw the is issued to enter ft No DY e Su. a of your Payment prfi6ed when its ts s utnortzad invoice ce is ssued or a by h its tis acceptance your 9.0 WbWttes;Wonwnty NOTWITMISTANDMGANYTHWGTOTHECONTRARY CONTAINED IN THIS AGREEMENT. PITNEY BOWES MAKES 140 WARRANTIES. EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNISSFORAP N E pPURPOSE WITH RESPECT TOTHESERVICES DAMAGES THAT MAYBE APPLICABLE TO SERVICE LEVEL AG EREEEMENETLS WIITH TD GUARANTE TIMES UNDER SECTION 11, IN NO EVENT WILL PITNEY BOWES 13 ED E I RESPONSE DAMAGES, INCLUDING ANY LOST PROFITS ORWCIDE CONSEQ ENLAHY FOR SPECIAL, PUNITIVE OR OTHER DAMAGES. EVEN IF PSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LUTING THE FOREGOING, PfTNLY BOWES' LIABILITY ARISING OUT OF CO'TRACT, NEGLIGENCE STRICT LIABILITY, IN TORT OR WARRANTY, OR OTHERWISE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR EQUIPMENT DURING WHICH SUCH MAINE AROSE WITH DURING THE 12-MONTH TERM NIITH RESPECT TO SUCH SERVICE. 7.0 General For YOLF COnVM remain In Ned onus flu You rececer eel PlNeygB?'nt covered by this SLAP Your ooverwp) a tat eltschnION !nay 89was' men current onnuw rate for the "Cement equipment ft e (if in riL Kyo acquire quire an at it 2B wd 10 your eovce a 04 kr Oany Uapyjing cunt to a covered t0ra mt system, Pibtey or util and edjwi your rel. gk N you do not lad to tionln m coverage tiHar the CAW "is SLA within thirty (30) days after the do!^ ou re?se? °quipme a• you may ma"I'mo n Or rpa l ceps raw ins Equiprtmnt will ,?tAcep 1ioviab ;y Bocrwet• sddedmsi remedies aveifsble under Pintar and °mt0 a r Satisfaction Gua ion Gua. rante you e Pr may have services see established by Piney Boers from tlma to time. In no to liras. In n 4voi em Satiafa o vab 0gr o0an Guarantee Program) will Minty Do, be Sable for ?? under the including any Dutton,., ,1J0.5t?1 PnNb, Or Omar inddenW or Oonesquenila( dameWS fa nor partormae of mg any any • tikalons under No SUL This SLA comprise the entire agreement between us with regard to the subject covered, and suPersedsa M der st agreements. ore or writteek or other Me if they purWirt to obligate us in any way beyond h eSSLA. Purchase order any Otherr dot'wrent that add to, very aft Or conflict with the" One ejected. T agreement between Pltnoy Bowes any software jn" you relati n u to heEquipmW n aocover ^wr uninbrwnu shat hove P" Over tla farm e the s she" be hold under Ws Sir incur any liability to a e of this Su• Panay Of a any Port tmd ai hail responsible t that suds deg rredafey or fakers causes beyond s beyond itss c conanyed, ittdu dirap g SU1101M etden y or failure rstaMts fidm c bnr not limited to fire, rood, horityty, i. ne natures war di military aut larsarstonen. labor dispute, embargo, govemmeret requtremenL civil or disasters, or other W-Gr types of shuations. The Following (ernes apP(Y to •qutpment servin• level agraamaids Witth lnininp and cover PRO* Of equlpment e•rWc• (w•! agreements Whh guaranteed response time (sea elected on the Agreements. the Iap). They do not aPP11Y to basfa oqufpmerrt servlu favaf e.0 Training service.. You may receive training mutually epraedhow duralg Ne fain 01 Nis Agreement a1 a time upon by both patties. Such training w? Include an overview to the operator(s) on I. use the Pitney Bowea equipment Covered by No Agreement The number of seining s..on. that era Included a pert a the annual foes for your seMce level agreement era as forows; a. fur (24w "f ?duda rwMUt indudas meter end #Wos) receive up to b- certain mall ti sesrona in soak hva(va monthpsriod? twenty nishin #ng in each twelve month pa iod. an solutions receive up l0 four (4) training sessions a rtwy "otion products (wh1M Includes tebialop Wars, tabletop inssrom end .."if printers end rite Dorumelct®msi,kV system) receive up to four (4) training sessions in each twelve nwreh period. a.0 Addltlonaf covered Items. Printheads for meters, fntalklir" equipmant provldad WOW ad0lional charge. and printers are Tlx fodowing ierms appty to equlpm•ntsarviea f• of agreements with guareretead response "me {ace sleeted on the cover sg service level papa of the lease). They do not apply to basic training. ning agreements and/or equipment .Mee ievef agreements with 10.0 Preventive a(atntsnsnoe, SaMcae. Pitney Bowes shall perform mairetenana on ft Equipment which shad include malnisnence of eN M-0);l w - clean in9. tuMication, and sd)ustmonts. when oppvcabta. Preventative Main xpandeGe parts, ehait R pxformad a! regulx Intervals sUhedWsd in edv !maraca services parties and based on gee mentdecturers• recdnmanded e preveneve at e ntive time mainte cnaance nnce K for boat schedules. 11.0 Response time. If Pitney Bowes detan ines that on.site ssrvke Is necessary, Pitney Bowes shelf use raesonabte commercial &f5orts to have a Service techniden on•t(te vAtWn four (4) business hobo 01 our' receipt of your CON to PBrS till free number in Season 1.0. Pitney Bowes' business hours are MMdey through Friday, B am to 5 pm M the time tone where the Equipment is touted. oxdudmg horidays. You acbhow 6c1ge, however. IMtthis response time r eletes solely to the arf{val of a technician at your location, and Net response rsfha does not indicate the Ime to resolve a problem. This Is not a guarsntea of problem rawfutipll durn9 such four (4) hour Onto period. nor does it guarantee that OR peft necoseety, b nuke a repair wig be on-site within these time fremea. In your u112ae1100, You nay ores to schedule service at a time outside of Bea bur (4) hour response time sad forth heroin. Products doeignsed as service by replecomeM software maintenance, preventive maintenance, operator trskhing or other services not essential to restore equipment to a furKtioreaf condition will be scheduled in advance and use not part of the response times tat forth homm. 12.0 Liquidated Damages for Failure to Meet Response Ilene. Pitney Bowes agrees that if it does not respond to your ails within tour (4) hours of mt oipt of the request for service Pftnoy Bowes will reimbume you a Credit squat to throe (3) months of the cost of the premium associated with the cost of the additionel on-34* guaranteed response time serviu as compared to the cost of maintenance coverage without such response dime obligation (' Premium-) upon your completion of rsitmd forth. You may request the fekrhd forth from your 3 ".ce tschrecien or by cNfing the top free rurnber ref loch in Section 1.0. Pftney Bows wtu than tea ed v ew your request for a refund and shad determine whether a QetII( shell be issued upon hie infomeation provided by you and a review of its own records. It,, Credits :at forth herein ere limited to credits for two (2) fanumv to meet the response time obligations In Section 11.0 In any twelve (12) monde period. Lust Form I5356V (4v 03)07) EQUIPMENT GUIDE DEFtNrrfONS. 'PSr,'wa' or-us' mean Pi!aey Bowes lnc.'PBGFS' moans Pitney Bowes Global Finend°f Services LLC.'Bank' mseiu Tha Pitney Howes Bank IM, •P shalt me Pot. PSGFS. Dank or you, 'You' end-Your msanx [he customer. any an each o! WARRANTY. 1. Warranty. Pitney Bowe. Equipment (herahaftar•Equrp wid to acccrdtng to tho man('), Rots Sortware and PROM's are worlated by PSI to be Tree eom detga In material and rn aped6otione for 90 days from the dots of instapatior. H a defect in material or wodananatrp or a lallre 16 rniordir t phi their raper 1 on fits perknn within a e '"ti?0 days gfl w perform changes The option, replace R et no Chary". A' defect' hoes not include the failure of fates embodied In a Rate Update Io conform shed the first a day of co padormenca of services by PHI shop be done Ina pmrossions! and workmanlike manner Thera is no wrany for ear ices and n published necessary nbs ry a reautt egce nc rat, accident. misuse, usage which exsods manufacowWa recommended usage, damage in tremok virus o"Mirfaeon or top of d Pairs met m mode loes of due to fluctuation, operator error, usually(Such as fire. flood, or other nokralceuseslsabotage,repair orall ?rMen PHI or or Must. ft e use esupplies not cesoarivpower. aling PSe?ti The warranty does not cover COnatmabte parts or supples Such as bells, ink ink ropers, senior and molsteneer r repair s, anyone ft end sag is w rn out due to t Equipment. 2. Disclaimer and limitation on raablfty. EXCEPTAS STATED ABOVE, PSI MAKES NO OTHER ARRAN, i5PRESS OR P end sponges IMPLIED - for s A_Wao'6Celioro. OFMERCHANTABILI Y OR FITNESS FOR A PARTICULAR PURPOSE PSI WILL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR BY REASON OF YOUR USE OF THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE, INCLUDING INCIDENTAL, CONSEQUENTIAL. SPECIAL OR PUNITIVE DAMAGES. EVEN IF PSI AS BEEN ADVISED OF THE POSStSrLTY OF SUCH DAMAGES. ACKNOWLEDGMENT OF DEPOSIT REQUIREMENT. By waning this IntsglUnk* Subscription&"@( RsMef Agreement, you represent of Deposit Requirement end ere familiar with its terms. You agree that upon execution Of this Agreement with PBI, you wig aim be bond by ?armsand conditions sad the Requirremap, es it may be amended from fime to time, ditione of tha,4dkrho..iedgnhanl of Deposit USPS ACKNOWLEDGMENT OF DEPOSIT. By electing to lease or use computerized meter reset ing system ('CMRS') motor equipment, you must transfar funds to the United States Postal Sarno" ('USPS'), through a lodrbox bank ('Lockbox Blink') for the purpose d propsyment of postage an CMRS-e agreement between you and PSL you may. from time to Lima, make Deposits in the Lockbox Berk eQTes:' ('Deposittt 2. Altar the icep CM date . the }sap Orma, a ronlel designate Ilset! or a R=154sor es recipient of Deposits by you, 3. eel Idb Me SPS nnly Sobs Postal t o fN age Ior CM fay USPS may, at its posits in be held within he Postal Servcce Fund at the U.S. Tres" and may be m madeby you shag be credited by !u USP only for the not receive peen be for CMRS e such Deposits. 4. The USPS wilt provide a refund to you form reeled with CMIl s ci Opin WTeLoc You shag not proi a W enBeed to Quote. Surho d by the w, USPS These falrnda are Y msMhs postage belanW to MRS squlrranL The LCCkboz Bank wdp °^t' interest °f °th°r mcorta seined on U which SP shop se collect refu Wntla on Mseed taccordance the rules and regulations govwnhV deposit of fends for CMRS. p s cahmd to you for deposits ow. S. T paid the provide PSI, on aedh business day, infornetion as to the emounte?ech Ds the Donato Mae Manualyo;.s o PW s n S. Tina Lore bar sank, PSI may depoal hods on your benap. The USPS will make no advances. Any reledonshrp conceming advances is between QOP , mode PS b the USPS b1' You, a Eenns of this arrangement may be changed. modified, or revokW by the USPS. wlth •PPropnst you and BI PBGFS and/or the Bank 7. You adth fto in a that the Mein Menuat or its successor. You shag be wb)ect to an applicable pas. notice. 8. UPS cUlWenaChongpthe such rui s, hinds fors and ere orders " old the taunts and conditions as may be determined in accordance with applicable taw. The , SP Will ordors re the USPSa inducing d orer future rovelf"a to Akin rtes, regulations and open, end wdh and Conditions tic appiceble to any Deposit. g, By engaging M any iraneaction ththe L Ica. The US fades, rogue Me and coders shag gravely in the event S any meter qurwith any other CMRS are subject 10 this USPS Acmr.owledgment of Deposit. the ockbox Bank. w?idt will have tree seat of setting postage through CMR a Y lemur end oorbitions equipment. Your sdivilisa concsnYng INTELL!L/NKO SUBSCRIP T fON+METER RENTAL. Pursuent to United Stelae Postal Service CUSPS') reguedorha, Psi must own the WellUnkID Control Center or Meter (which includes the postal security device, the user interface or keyboard and duproY and Me print engine). and you may nn and up It solely for am ptMao of processing your mail. provided gal you have a valid USPS meter license and you Comply with 0) these provisions and (4) all applicable USPS regulatort& Your IWRs of we and rental !hell be cotmtirwue with your lasso ('initial Term') and m cancelled during the Mal Temp. You will be billed the wbwlption or rents) fees set kith in your Leta. After the Infidel Term, the use and rental provided for Mrein may be upon 30 days prior written notice. AtarlamineU may not be on, you Must alum the kiteleUf" Control Center of Meter to PSI in ills earns Co"Son as you received w ro by athar Pony subscription and/or rontal feet wig not be irweesed during ten Mal Torts. AMr the Mal Term. PBI may Increase the subaal rental y ats * up n 30 days! prior wow tearid n hofear a notice will ba Divan if such incease is being offset by a corresponding reducton In your sass peon o i nn rncse lees Mad. Your the Increase bacomex seectve. Your htelliLrnk0 Control Cantor erhdror Motor Payment. When you rice" updat t notice you c pp. upon days' prior am pou will r Provided no Individual rata updates as a ppareta charge. PSI reserves the riht to r may require periodic rate information you may larrtaat tits use and rental ss of tlha date s ocovw or disable the inbCUnkO Control en rder or Motor an obtain undor our and reuard® any lane or you win receive Tempanng with or misusing th e inle!BLinkV Control Center or Motor Is a videtion of red" tow. You must use onGntit or enter aMfof faminria this use and nntSI at any sine and for any reason, spedficstions. Consuneble supplies and postage an your respontlpmty. From lira to dins, we may access or dowY apantced dmunm Lion remotely fro s your rsed by sPSI and only ystem * sWPBos meeting PBrs fnleyhnke technology to provide us with Inlormafion about your postage usage a t rmble3us to provide tu ewm best system a ipmannd inry by a bout other products and son4ras the! may be of use to you. and acme O(ths ? ender Information e.Sucmay h be necessary nee„order In you with the best customer required ed seem and IdynAny individually identiflatla intorme5on that w! Obtain about you in Its manner will not be "hated by with any third deeb to conduct me Inspection sq by USP5 tims, co ale. we on I ate about our u;atomen' pnstaso uses with third parties. Plea" contact us If es a a Ouse dab From time ?elect in roen qX ° will noty disaatiat to regulations. Any inte:fiLinF>p Control Canter of Mater to a different boson. You have wri QuWOn about Ouse dale cagadon s shoring y sham e0gre0Me In order b obtain Postage. you must contact Pets POSTAGE BY PHONED date centi. Postage refill foe*. if an . i wig not prior irin°e°a° inswing the ha initial Toren but thereafter ratio fees may be increased upon 00 days prior wr(pen notice. If you psrticipete in any PSI. PSGFS andor Swift ri v if on your behalf to USPS, wbjsd to repayment by you odor Ina to ago spa advance amice o! unused half o any, colt be made by USPS in u under Me awith rmdw?d? ?SPS the applicable Your Stivance program and billed to elms eager wig ha.Re , it 9 our download of pot wnWy tram your Ouenar Lear Payment Refunds SOFT•GUARtaal alpa attar receipt of these term shag be deemed your acceptance, SUBSCRIPTION)RATE UPDATES. if the Lease Includes" Soft-GuwM subscription, PSI will provide up to 6 Rat Updates during each 12 inorth period knowing the dale of .nsta;laeon of the eppticoble EqurpmanL PSI way provide each Rote Update my if required due too postal or Corder change in rate, service, Tip Coda or zone charge. Your Soft-GrardA subskrpeon does not cover any cha ico in rates due b Custom rate Changes' now dopes of Cantor aatviC0 or a dente in Zip Code or zone due to Equipment relocation, a your order does not Soft Rate Updates. a-Gs iobtsr, el Ifs rif you airav Ael es h the martian number of Rhatte Updo ear under yaw Solt-Guorm subsix" n. you will aulo?q?, reoive Rate Updates or oddleonsl PP price. do not ow to P BI's Customer Core Canter. That. tip be no charge foe Ron Updates suppaad within fro days after the eppb ekahbt Equ4lpnyntois cution first ,-ngaftod Lea". you may PunCfuaa one at a later dale through PURCHASE POWER CREDIT LINE. 1. Purchase Power Credit Line Works. (e) You may pertdpate in Pitney Bowesr Purchase Power progren% by providing the requite intonywagn Contemplated by section 8 below and thaeaher ordering motorraaets, onto. Supplies. or other services. Inducing carisr billing (e service to effectuate af"ris transactions) through whichever is appecatla the ' Program/. When you oren employ" orwant of yours with axpnaa, implied, or apparent euhodly b do so (an'Auganzed Us the such on Or a Power program, Pro„'vam'on Ina' by telephone or oib"Se, your Purchase POwerAcoo^ (ths'Acco nr), will be charged for the amount or sb ar}. places an an ads under the applicable. (b) he Purchase Power cedlt area is a product of the Bank will Is not avrlable to inrDvlduals for Po g°• Pd purposes. u and You wig requested and ft er*Wod vent free, l bllgng Cycle for which you have any activity *nth* Account. You fawns( pay the Account batons under the term provided tom' or household ol re dub You wall receive a"bating on sour bi* for each You may pay the entire balance due or a portion of the balance. provided Out you pay e! least the minimum payment shown heron. Payment ore due by e due dot* al pay on r responsible for the unpaid balance of the Account under the forms herein. Z. Deferred Payment T°^payment , Purchase eon o statement. in you the avant at • partial whenever More your an Wsbelonce outstanding on eu. Account which is rat paid in full by the due date shown an your billing aftlemeM • the BBY * usbV will the charge you. power program, you apt" that oid a fai unpaid wtfrom time to time, for each day from the date the transaction is posted to the dote the unpaid ala cis co s Paid You. eM vyou viablp.y, equalt on the umd patnoa Rate aoout!tin tFo Account from true to tine. Tha Annual Percentage Rate applicable to (he Account wt? be acalcula lea olkno he B in fie, at a variable het Phi to the Anmh Percentage o! the The Wan Sliver Joumaf on the test business day of the month and add the Ithe Pri the Bank tip take the Hghnt -Prima Rsb' Rat" applicable to or, any fluctuation In the Prime Reis, morph dledoasd below to the Prirha Rats. The Arewaf P pubeahad in the Tdansy Raba' aecton m Any change in to Annual Percentage Ras based on the cekxda6on described in this Section arcelag° Rate 1° pdd riw on a monthly beds based . The o 6 e hi the corea added the d Prime Rate to determine th be Annual P°roant°ge Rat me be 12.75% win r wilt booms " of June effective on the Iire( day of vow most imp Cycle. . TdT.a 05753 e4% n the Annual rre on din Role waif be e to e (using the Prima Rots %): provided. d,kxa jag el Ig ( p Me t under a Rata in seed u o ma 30, which shed be added to Ref would be 22 In allied you are it daleul c Rothis Agreement. ten margin Corr spo di added t0 da Puma ReR t would be 30.25% in the event of Such a dsf auk) , The defouo interest Me wig remote In affect for at 20. Me Would % twat sixd& eenodc Rata a Act be •bec s and the cwre biting cycles, the Bank may, in its sole discretion, change Ugd 1 eh rat pea potent or orta is not i spending ccou Annual Percnce th Rata subjec 1o a finance drape oath day wig include the Annuni Percentage Rafs sppTrceble to the Actourt b Ua rel. Ian in aced for a and rs rn goad Standing lot six corhsecltive chere t on me Ace cha The Bend tie p-,area a r0) rout s, minty any payments and credits rsoelved by Me Bonk on Ua e?^s not n default. Tha Account balance en that b e applied to reduce the outstanding Ban kp balance of thei xm finance and orgo o111.00 In any biting Cycle N the finance ? above that day, and (ti) Eunpd ach p ym eat Mesa, end other e zistng applied to re ce the. your credit env. J. Account Charges. replenish your available cadit one. The Bonk may refuse to Calculated above to less then f unto. a requested Pe led charge you make wren bx st eebal nom lima to lima, r cue di fir without oust Cha the fpse and prohibited by apptiCObfe law. Y rSuch to extend haws ofwh the amoral of a tquyou n slue you limitation YOU n lot" to s, i Pay udh tea end r fail of patch to Bank has given your exceeding the same may Inclu trans line, and id) lees arrit mmbte to the rewam of an checks that chop ratans to: (a ) or the fat 4. accounoatille; t (b) Yew n ands to goy to a hkThe manner, e the Account. an p any You give to the Bank ea payrnen! of Ns ooouhL 4. Aooonnl Cenceaa ()Your Yovrcradl @IY and may rs ,use to slow further Charges to the Account. No cenceltation or suspension will slfad your oblipetlci pay tlaanYend Sounb You owecam, you o. T. Bank may nlany dine doss or suspend 10 promslons hereof, the Bank moy declare the entire Account balance due and Payette. I s any S. Entted to re. Acco fait y observe wild b the rasponiGa for e3 Court a^:d coesceon costa end reasonable attomeya' row. 6. Amendments; Te 7i tgWad !e Oka c on lime action of any rother ovi Neal n dIn rafted toted yo by +.nim•r. notice to you. Each time you use the Program. You are i nil In mtrhotlon The Sunk con emend any of the Y cowahL You wit be me „once and w-g a ., h 0 fy g yours ones of the forms and provi Y povlions and wine noted to ate Program at any id tine PPIY to any outstanding balance on" Account. The Bank may tontinate provisions as hen in effect, Any amendment tip become effective on Ia date ailed in obligation will survive tertninaGon of the Program, T. Miscellaneous. The Bark me ace lots rOpfim t any lime, The Bank wig no compromrninp any rights. The Program Y PI Payments, Partial pa elm you in the went "any yment in full' Any hoot mp ACT. To hen the righmmeM a funding of ce9 there er and money all be sunggoverned and tans Yroenb orlon of and W*o orders na*d'psmed ra fun' Sur. US parson who p the en a men t. Aft Ina fu artnp ectivities, Federal law ?e& lmo?th th e Iwo of to Stan of Utah and cord infor abet raw. USA PATRIOT guy, the Bank asks that yobtain. ou ding youra es and taxpayer identification rarity end Th gal identities each Y provide Identlfying information. Including Ywtaftddrsas, and layor identification number. er. The Bonk snk may also sale for or additional L- Fenn ! 5756), (Rev. o3i07) Identifying infomrabon, where appropriate. Including asking that your reprasenfaivs who is opening the Account provide His/her name address, date of birth, driver's license endfor such other documont3 end irdormaticn that will snow the Bank to identify himittge. VALUE BASED SERVICES. 1. Foal- If your lease fndudes Vsiua Based Services, these services will be mods evslsbts to you through your InWhUnk® Subscript or end die Nee ( tit we J will give for th You ese se thirty rv ((30) ce) s wilt dayi be prior wrdincludedter. n po notiwce. Quarterly When ariy you reLeesecaive gds Payment recite Your td m Faes Increase. wilt notcraase, ba you inrm may uad doting the Mitiaf Term After the end or the Initial Term, ws may intrea n the Fees. but we tsrminste these services as of the date the iratem becomes effective. If at any time you request s chang s to your Vogue Bests Services, the Fees will be a *sted. 2. LNltted Warranty, We warrant that for a period of ninely (90) days from the dais of delivery. the Vague Based Services will perform substantially in accordance with their specifications under normal use. This warrenly is void I the failure to perform is due to negligence or accident, virus contamination or loss of due. misuse or abuse. aHamal forces lose of Power. Poway fluctuation, operator error, casualty (such It ". food. of other natural causes), sabotage, repair or attempted repair by anyone other than PSI or the use of supplies not me sting PSI spedbra(pns. We are only responsible for maintenance of the performance of the Equipment Equipment performance will be governed by the wenrenly terms found in the Equipment Guide, EXCEPT AS HEREIN SPECIFICALLY PROVIDED, THE VALUE BASED SERVICES ARE PROVIDED WITHOUTANY FURTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some slNSa do not slow the disdeimer of inrpiedwerraMes. Therefore, the above dwdebner may not apply to you 3. LIMITED LIABILITY. WE WILL NOT BE LIABLE FOR AMY DAMAGES YOU MAY INCUR BY REASON OF YOUR USE OF THE SERVICES, INCLUDING INCIDENTAL CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. Termination. We shelf have the tight to terminals the servicee A you breach your obligations hereunder and fad to cure such breech within thirty (30) days after you have bean notified in *dting of such breech. 5. USPS Provided Setvicee. If one or more of the Velfus Based Services, you milectod is provided by the USPS, then the description of those services and the eppUceble terms for usage con be found In Ihe USPS Domestic Meg Manuel so it may be amended from "to Itte by the USPS. Any fees charged by the USPS for sny special service you Purchase wit be peyebie by you In the same way that you pay for postage, The USPS is solely rysponsbN for requests not responsible for the results of any malfunctions of any pert of the communication Ink tai., isIsWfons lines connecting ?? and processing tr l Centerwith the brVaiue 8ste ). If US. We are discontinues a service you have seiecied, we will discontinue such service submetoaconnecting the Intatil'nk® Cond Center with the USPS data rysm I USPS ENTIRE AGREEMENT. This Equipmenl Guide constitutes the entire agreement between the pertiss es to the Subjects eddeassed in this Equipment Guide, snd rapressniations or statements, both oral end written, not included herein are not binding on the perias. Lrase I- 15756V (Rao. Q W07) Exhibit "D." Subject: Sendsuite implementation/install From: Jonathan I. Nori To: david.bilodeau@pb.com; Helen.Hoover@pb.com CC: ; BCC: ; Creation Date: 12/31/2007 5:22:26 PM Sent Date: 12/31/2007 5:22:26 PM Received Date: 12/31/2007 5:22:26 PM Last modified: 2/15/2008 9:06:35 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 2349 Sender Name: Jonathan I. Nori Sender E-mail: Sensitivity: 0 Encrypted: False Read: True Plain text body: Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 Exhibit "E." Subject: Re: Sendsuite implementation/install From: <Helen.Hoover@pb.com> To: "Jonathan I. Nori" <JIN@destinyimage.com> CC: david.bilodeau@pb.com; BCC: ; Creation Date: 1/1/2008 10:29:22 AM Sent Date: 1/1/2008 10:28:59 AM Received Date: 1/1/2008 10:28:59 AM Last modified: 2/18/2008 8:54:32 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 17143 Sender Name: Helen.Hoover@pb.com Sender E-mail: Helen.Hoover@pb.com Sensitivity: 0 Encrypted: False Read: True Plain text body: Hello Jonathan, and Happy New Year - I have forwarded your message to my District Director (Chris Lally) and District Customer Service Director - I am sure they will do whatever they can and whatever is necessary. I will be in touch. Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimag To e.com> <david.bilodeau@pb.com>, <Helen.Hoover@pb.com> 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 Subject: Re: Sendsuite implementation/install From: Jonathan I. Nori To: Helen.Hoover@pb.com CC: david.bilodeau@pb.com; BCC: ; Creation Date: 1/2/2008 3:15:37 PM Sent Date: 1/2/2008 3:15:37 PM Received Date: 1/2/2008 3:15:37 PM Last modified: 2/18/2008 8:54:57 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 6564 Sender Name: Jonathan I. Nori Sender E-mail: Sensitivity: 0 Encrypted: False Read: True Plain text body: Good afternoon Helen, Thank you for your e-mail. I wanted to touch base with you this afternoon on the progress of the implementation at this point. Chad and Kirk have been hard at work today trying to clear up the remaining SendSuite issues, and together we have been able to get some of the issues taken care of. There are still several outstanding troubleshooting issues that they are working to resolve. I would like to discuss this process with you when you have a few minutes, so that you have some feedback on this implementation. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 4 8 15 16 23 42 >>> <Helen.Hoover@pb.com> 1/1/2008 10:29 AM >>> Hello Jonathan, and Happy New Year - I have forwarded your message to my District Director (Chris Lally) and District Customer Service Director - I am sure they will do whatever they can and whatever is necessary. I will be in touch. Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimag To e.com> <david.bilodeau@pb.com>, <Helen.Hoover@pb.com> 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 Subject: Re: Sendsuite implementation/install From: <Helen.Hoover@pb.com> To: "Jonathan I. Nori" <JIN@destinyimage.com> CC: david.bilodeau@pb.com; BCC: ; Creation Date: 1/3/2008 9:29:37 AM Sent Date: 1/3/2008 9:34:52 AM Received Date: 1/3/2008 9:34:52 AM Last modified: 2/18/2008 8:55:22 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 18657 Sender Name: Helen.Hoover@pb.com Sender E-mail: Helen.Hoover@pb.com Sensitivity: 0 Encrypted: False Read: True Plain text body: Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen.Hoover@pb.com> 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 4 8 15 16 23 42 Subject: Re: Sendsuite implementation/install From: Jonathan I. Nori To: Helen.Hoover@pb.com CC: christopher.lally@pb.com; david.bilodeau@pb.com; BCC: ; Creation Date: 1/3/2008 10:11:56 AM Sent Date: 1/3/2008 10:11:56 AM Received Date: 1/3/2008 10:11:56 AM Last modified: 2/18/2008 8:55:25 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 6812 Sender Name: Jonathan I. Nori Sender E-mail: Sensitivity: 0 Encrypted: False Read: True Plain text body: Good morning Helen, I would be happy to share the feedback from this rollout. I have a list.:) What time this afternoon works for you? Chad is here working on things again today, and several new issues came up as we tried to move into normal production with the system this morning. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <Helen.Hoover@pb.com> 1/3/2008 9:29 AM >>> Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen. Hoover@ pb. corn > 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 Subject: RE: Sendsuite implementation/install From: <david.bilodeau@pb.com> To: <JIN@destinyimage.com> CC: helen.hoover@pb.com; BCC: ; Creation Date: 1/3/2008 12:24:23 PM Sent Date: 1/3/2008 12:35:53 PM Received Date: 1/3/2008 12:35:53 PM Last modified: 2/18/2008 8:55:30 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 13980 Sender Name: david.bilodeau@pb.com Sender E-mail: david.bilodeau@pb.com Sensitivity: 0 Encrypted: False Read: True Plain tent body: Good afternoon Jonathan, Would you be available at 2.30 pm today for a conference call with us? Call in number is 1.877.336.5673 Participant code is 5642547 Thank you and we I look forward to a positive resolution. David Bilodeau Sent via Treo -----Original Message----- From: "Jonathan I. Nori" <JIN@destinyimage.com> To: "Helen C Hoover"< Helen. Hoover@ pb.com > Cc: "Christopher S Lally" <Christopher.Lally@pb.com>; "David T Bilodeau"<david.bilodeau@pb.com> Sent: 1/3/08 10:13 AM Subject: Re: Sendsuite implementation/install Good morning Helen, I would be happy to share the feedback from this rollout. I have a list. What time this afternoon works for you? Chad is here working on things again today, and several new issues came up as we tried to move into normal production with the system this morning. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <Helen. Hoover@ pb.com > 1/3/2008 9:29 AM >>> Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen. Hoover@pb.com> 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rat Subject: RE: Sendsuite implementation/install From: Jonathan I. Nori To: david.bilodeau@pb.com CC: helen.hoover@pb.com; BCC: ; Creation Date: 1/3/2008 1:00:34 PM Sent Date: 1/3/2008 1:00:34 PM Received Date: 1/3/2008 1:00:34 PM Last modified: 2/18/2008 8:55:31 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 7125 Sender Name: Jonathan I. Nori Sender E-mail: Sensitivity: 0 Encrypted: False Read: True Plain text body: David, 2:30 this afternoon will be fine. Talk to you then. Jonathan Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <david.bilodeau@pb.com> 1/3/2008 12:24 PM »> Good afternoon Jonathan, Would you be available at 2.30 pm today for a conference call with us? Call in number is 1.877.336.5673 Participant code is 5642547 Thank you and we I look forward to a positive resolution. David Bilodeau Sent via Treo -----Original Message----- From: "Jonathan I. Nori" <JIN@destinyimage.com> To: "Helen C Hoover"< Helen. Hoover@ pb. com > Cc: "Christopher S Lally" <Christopher.Lally@pb.com>; "David T Bilodeau"<david.bilodeau@pb.com> Sent: 1/3/08 10:13 AM Subject: Re: Sendsuite implementation/install Good morning Helen, I would be happy to share the feedback from this rollout. I have a list. What time this afternoon works for you? Chad is here working on things again today, and several new issues came up as we tried to move into normal production with the system this morning. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <Helen.Hoover@pb.com> 1/3/2008 9:29 AM >>> Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen.Hoover@pb.com> 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rat Subject: Re: Sendsuite implementation/install From: <david.bilodeau@pb.com> To: "Jonathan I. Nori" <JIN@destinyimage.com> CC: ; BCC: ; Creation Date: 1/3/2008 3:51:06 PM Sent Date: 1/3/2008 3:59:21 PM Received Date: 1/3/2008 3:59:21 PM Last modified: 2/18/2008 8:55:46 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 20505 Sender Name: david.bilodeau@pb.com Sender E-mail: david.bilodeau@pb.com Sensitivity: 0 Encrypted: False Read: True Plain tent body: ]on, I wanted to send you a quick note of thanks for the call today. Your openness and honesty are much appreciated and truly help us quickly and efficiently help you. You have our full attention and support to seeing that this project meets a satisfied conclusion. Please let me know if there is anything I can do. My cell phone is 410-925-5083. It is a pleasure working with you. Thank you again and happy new year. Best regards, David David T. Bilodeau District Technical Sales Consultant Keystone District Voice Mail: 1-800-322-8133 Ext. 74509 Harrisburg Office: 717-671-3136 E-Fax: 1-203-460-3468 david.bilodeau@pb.com www.pb.com "Jonathan I. Nori" <JIN@destinyimage.com> 01/03/2008 10:11 AM To <Helen.Hoover@pb.com> cc <christopher.lally@pb.com>, <david.bilodeau@pb.com> Subject Re: Sendsuite implementation/install Good morning Helen, I would be happy to share the feedback from this rollout. I have a list. :) What time this afternoon works for you? Chad is here working on things again today, and several new issues came up as we tried to move into normal production with the system this morning. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <Helen.Hoover@pb.com> 1/3/2008 9:29 AM >>> Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen.Hoover@pb.com> 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 Subject: prioritized Destiny Image list From: Jonathan I. Nori To: Helen.Hoover@pb.com CC: ; BCC: ; Creation Date: 1/3/2008 4:15:28 PM Sent Date: 1/3/2008 4:15:28 PM Received Date: 1/3/2008 4:15:28 PM Last modified: 2/18/2008 8:55:48 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 4046 Sender Name: Jonathan I. Nori Sender E-mail: Sensitivity: 0 Encrypted: False Read: True Plain text body: Good afternoon Helen! It was good talking with you and the team today. I always hate to have kill a project, and your responses today helped to avoid that at this point. As we discussed, below is a prioritized list of what Destiny Image sees as the outstanding issues. At this point, 1-4, if they are not dealt with soon, will be deal breakers. 1. (This first one I thought was resolved, but it still has a problem, and is a VERY big problem). Freight amounts are not appearing on-screen in our enterprise software. The amounts show properly in the background database, but is not appearing properly in the field to make the amount show on-screen in the MAS software. This seems to be a problem specifically with some UPS Ground and UPS Ground/Residential shipments. 2. UPS Consignee has not yet been tested (we didn't have any packages to test this against today; we will dummy a package if need be). 3. Bill of Lading functions have not yet been tested. FedEx International not yet tested. 4. Extended zip codes have the last digit cut off. 5. IOP processing seems to have an occasional hit-or-miss timeout issue when making internet calls. FedEx and UPS do not share this problem. 6. Clear, simple, step-by-step documentation on processing a shipment using SendSuite. I am currently writing my own "cheat sheet" for our people, as such a document currently does not exist (at least that I have been made aware of). 7. Label printers and labels: Label settings are hit and miss. I will look at this again after my shipping department has a chance to work with the label printers. It would be nice if the printers used the more standard 4x6 + audit label spools that are more common. 8. No digital readouts on scales. I forgot to ask this question, but is there an option available to attach a digital readout on the scales? Kirk and Chad mentioned that there may be an option like this available. 9. Speed. Currently, SendSuite is significantly slower than our previous software (which is one of the two primary reasons for replacing it). I do not consider this an issue yet because we really have not had a chance to work closely with the software in an uninterrupted production environment yet. Thank you for your time and attention to these issues. Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 4 8 15 16 23 42 Exhibit "F." Subject: Re: Sendsuite implementation/install From: Jonathan I. Nori To: david.bilodeau@pb.com CC: Christopher. Lally@pb.com; Helen .Hoover@pb.com; BCC: ; Creation Date: 1/7/2008 5:16:10 PM Sent Date: 1/7/2008 5:16:10 PM Received Date: 1/7/2008 5:16:10 PM Last modified: 2/22/2008 8:59:03 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 10743 Sender Name: Jonathan I. Nori Sender E-mail: Sensitivity: 0 Encrypted: False Read: True Plain text body: Good afternoon David, I wanted to update you on the SendSuite install progress. I spoke with Wayne Chacobe (sp?) this afternoon regarding a new problem that has cropped up, and I'm hoping that it can be resolved quickly. Basically, SendSuite was returning the data properly to display charges on-screen, but was not calculating and passing the data back to the right place for the charges to be included on the invoice. Therefore, all the credit card invoices processed last week through SendSuite did not apply shipping charges to our customers. The shipping charges appear on the invoices, on statements, and on our books, but never actually got charged to the customer. Now, I believe I have tracked down the data necessary to fix this, and have given it to Chad. He started the scripting for the solution today and will be finishing the scripting first thing tomorrow so that we can test it. This goes back to the "lack of preparation" that I talked about last week in our conference call. At this point, the only thing keeping SendSuite viable at Destiny Image is that the Shipping and Receiving department still wants to give it a fair chance. However! I believe we have passed that point, and any further problems with SendSuite will result in us going back to our previous manifesting system and abandoning SendSuite. I hope you can appreciate my frustrations at this point. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <david.bilodeau@pb.com> 1/3/2008 3:51 PM >>> Jon, I wanted to send you a quick note of thanks for the call today. Your openness and honesty are much appreciated and truly help us quickly and efficiently help you. You have our full attention and support to seeing that this project meets a satisfied conclusion. Please let me know if there is anything I can do. My cell phone is 410-925-5083. It is a pleasure working with you. Thank you again and happy new year. Best regards, David David T. Bilodeau District Technical Sales Consultant Keystone District Voice Mail: 1-800-322-8133 Ext. 74509 Harrisburg Office: 717-671-3136 E-Fax: 1-203-460-3468 david.bilodeau@pb.com www.pb.com "Jonathan I. Nori" <JIN@destinyimage.com> 01/03/2008 10:11 AM To <Helen. Hoover@pb.com> cc <christopher.lally@pb.com>, <david.bilodeau@pb.com> Subject Re: Sendsuite implementation/install Good morning Helen, I would be happy to share the feedback from this rollout. I have a list. :) What time this afternoon works for you? Chad is here working on things again today, and several new issues came up as we tried to move into normal production with the system this morning. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <Helen.Hoover@pb.com> 1/3/2008 9:29 AM >>> Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen. Hoover@ pb.com > 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 4815 16 23 42 Exhibit "G." Subject: Re: SendSuite implementation/install From: <Christopher. Lally@pb.com > To: "Jonathan I. Nori" <JIN@destinyimage.com> CC: david.bilodeau@pb.com; BCC: ; Creation Date: 1/7/2008 6:19:14 PM Sent Date: 1/7/2008 6:18:42 PM Received Date: 1/7/2008 6:18:42 PM Last modified: 2/22/2008 8:59:06 AM Priority: Normal Importance: Normal Message Class: IPM-Note Internet Message ID: Message Size (bytes): 37382 Sender Name: Christopher. Lally@pb.com Sender E-mail: Christopher. Lally@pb.com Sensitivity: 0 Encrypted: False Read: True Plain text body: David: Your concerns are our concerns. I have spoken with Wayne Jacoby as well as Dave and Chad and we will fix this immediately. I think this one may have been unavoidable, however, as the information I am getting from our side suggests we did all the due diligence possible on the prep side, including several conversations with your vendor. Regardless of who bobbles the ball, we are committed to making it right. Ultimately, we share the investment in the success of this project with you. I'll call you tomorrow if your schedule permits and make sure we're back on track. Let me know. Chris Christopher Lally Director, Keystone District Pitney Bowes 855 Berkshire Blvd. #104 Wyomissing, PA 19610 (800) 322-8133, ext. 73327 christopher.lally@pb.com "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com> cc 01/07/2008 05:16 <christopher.lally@pb.com>, PM <helen.hoover@pb.com> Subject Re: Sendsuite implementation/install Good afternoon David, I wanted to update you on the SendSuite install progress. I spoke with Wayne Chacobe (sp?) this afternoon regarding a new problem that has cropped up, and I'm hoping that it can be resolved quickly. Basically, SendSuite was returning the data properly to display charges on-screen, but was not calculating and passing the data back to the right place for the charges to be included on the invoice. Therefore, all the credit card invoices processed last week through SendSuite did not apply shipping charges to our customers. The shipping charges appear on the invoices, on statements, and on our books, but never actually got charged to the customer. Now, I believe I have tracked down the data necessary to fix this, and have given it to Chad. He started the scripting for the solution today and will be finishing the scripting first thing tomorrow so that we can test it. This goes back to the "lack of preparation" that I talked about last week in our conference call. At this point, the only thing keeping SendSuite viable at Destiny Image is that the Shipping and Receiving department still wants to give it a fair chance. However, I believe we have passed that point, and any further problems with SendSuite will result in us going back to our previous manifesting system and abandoning SendSuite. I hope you can appreciate my frustrations at this point. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <david.bilodeau@pb.com> 1/3/2008 3:51 PM >>> Jon, I wanted to send you a quick note of thanks for the call today. Your openness and honesty are much appreciated and truly help us quickly and efficiently help you. You have our full attention and support to seeing that this project meets a satisfied conclusion. Please let me know if there is anything I can do. My cell phone is 410-925-5083. It is a pleasure working with you. Thank you again and happy new year. Best regards, David David T. Bilodeau District Technical Sales Consultant Keystone District Voice Mail: 1-800-322-8133 Ext. 74509 Harrisburg Office: 717-671-3136 E-Fax: 1-203-460-3468 david.bilodeau@pb.com www.pb.com "Jonathan I. Nori" <JIN@destinyimage.com> 01/03/2008 10:11 AM To <Helen. Hoover@pb.com> cc <christopher.lally@pb.com>, <david.bilodeau@pb.com> Subject Re: Sendsuite implementation/install Good morning Helen, I would be happy to share the feedback from this rollout. I have a list. :) What time this afternoon works for you? Chad is here working on things again today, and several new issues came up as we tried to move into normal production with the system this morning. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <Helen.Hoover@pb.com> 1/3/2008 9:29 AM >>> Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen. Hoover@pb.com > 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 Exhibit "H." Subject: Re: SendSuite implementation/install From: Jonathan I. Nori To: Christopher. Lally@pb.com CC: : BCC: ; Creation Date: 1/7/2008 11:13:48 PM Sent Date: 1/7/2008 11:12:25 PM Received Date: 1/7/2008 11:12:25 PM Last modified: 2/22/2008 8:59:10 AM Priority: Normal Importance: Normal Message Class: IPM.Note Internet Message ID: Message Size (bytes): 16535 Sender Name: Jonathan I. Nori Sender E-mail: Sensitivity: 0 Encrypted: False Read: True Plain text body: Chris, Thank you for taking my concerns seriously. I am sending this response to you only, as I don't think it needs to be seen by the rest of your team. Please know that I am not trying to be difficult; just honest and transparent. I agree that this single issue may have been unavoidable, as the VAR network for the MAS series of software packages is notoriously tight-lipped when it comes to integration. This is why I emphasized in my talks with your sales team before signing any contracts that there would be a great deal of "homework" involved here. That Destiny Image has experienced so many problems with SendSuite only makes more bitter the fact that we are spending $38,000 MORE just on the implementation with Pitney Bowes than what was quoted by the next highest-priced manifest package I considered. I was willing to spend the extra money because I believed that Pitney Bowes would take the time up-front to make sure things would go smoothly. Your sales team did a good job of "selling" me on PB.:) I should be in the office all day today, except for a conference call at 12:30, and am more than happy to talk to you about any additional outstanding issues or discuss any further what I think went wrong on this implementation. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 48 15 16 23 42 >>> <Christopher.Lally@pb.com> 1/7/2008 6:19:14 pm >>> David: Your concerns are our concerns. I have spoken with Wayne Jacoby as well as Dave and Chad and we will fix this immediately. I think this one may have been unavoidable, however, as the information I am getting from our side suggests we did all the due diligence possible on the prep side, including several conversations with your vendor. Regardless of who bobbles the ball, we are committed to making it right. Ultimately, we share the investment in the success of this project with you. I'll call you tomorrow if your schedule permits and make sure we're back on track. Let me know. Chris Christopher Lally Director, Keystone District Pitney Bowes 855 Berkshire Blvd. #104 Wyomissing, PA 19610 (800) 322-8133, ext. 73327 christopher.lally@pb.com "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com> cc 01/07/2008 05:16 <christopher.lally@pb.com>, PM <helen.hoover@pb.com> Subject Re: Sendsuite implementation/install Good afternoon David, I wanted to update you on the SendSuite install progress. I spoke with Wayne Chacobe (sp?) this afternoon regarding a new problem that has cropped up, and I'm hoping that it can be resolved quickly. Basically, SendSuite was returning the data properly to display charges on-screen, but was not calculating and passing the data back to the right place for the charges to be included on the invoice. Therefore, all the credit card invoices processed last week through SendSuite did not apply shipping charges to our customers. The shipping charges appear on the invoices, on statements, and on our books, but never actually got charged to the customer. Now, I believe I have tracked down the data necessary to fix this, and have given it to Chad. He started the scripting for the solution today and will be finishing the scripting first thing tomorrow so that we can test it. This goes back to the "lack of preparation" that I talked about last week in our conference call. At this point, the only thing keeping SendSuite viable at Destiny Image is that the Shipping and Receiving department still wants to give it a fair chance. However, I believe we have passed that point, and any further problems with SendSuite will result in us going back to our previous manifesting system and abandoning SendSuite. I hope you can appreciate my frustrations at this point. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <david.bilodeau@pb.com> 1/3/2008 3:51 PM >>> Jon, I wanted to send you a quick note of thanks for the call today. Your openness and honesty are much appreciated and truly help us quickly and efficiently help you. You have our full attention and support to seeing that this project meets a satisfied conclusion. Please let me know if there is anything I can do. My cell phone is 410-925-5083. It is a pleasure working with you. Thank you again and happy new year. Best regards, David David T. Bilodeau District Technical Sales Consultant Keystone District Voice Mail: 1-800-322-8133 Ext. 74509 Harrisburg Office: 717-671-3136 E-Fax: 1-203-460-3468 david.bilodeau@pb.com www.pb.com "Jonathan I. Nori" <JIN@destinyimage.com> 01/03/2008 10:11 AM To <Helen.Hoover@pb.com> cc <christopher.lally@pb.com>, <david.bilodeau@pb.com> Subject Re: Sendsuite implementation/install Good morning Helen, I would be happy to share the feedback from this rollout. I have a list. :) What time this afternoon works for you? Chad is here working on things again today, and several new issues came up as we tried to move into normal production with the system this morning. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 >>> <Helen.Hoover@pb.com> 1/3/2008 9:29 AM >>> Good morning, Jonathan - Thank you for your update on the progress of the implementation. Dave has been in communication with Chad, and also with Chris and with me, and we are all very pleased that issues are being resolved. We were all in an all-day meeting out of town for the entire day yesterday, so I apologize that we could not respond to your message earlier. We are certainly interested in hearing your feedback, and consider a conversation with you very important. Would you be available to talk with us on a phone call sometime early this afternoon? Helen Hoover Senior Account Executive 800-322-8133, ext. 74450 Fax: 203-460-3749 "Jonathan I. Nori" <JIN@destinyimage To .com> <david.bilodeau@pb.com>, <Helen. Hoover@pb.com> 12/31/2007 05:22 cc PM Subject Sendsuite implementation/install Good afternoon David and Helen, I wanted to send you an e-mail this evening to let you know (in case you don't already) that the SendSuite rollout at Destiny Image is not going well. I can discuss the particulars with you at a later time. We are now in our fourth week of the install (it started December 11), and we are still not up and running on the new system. Today, December 31, 2007, was my drop-dead date for having this new software up and running. This was specified as a requirement early in the process (as it corresponds to a UPS rate increase). I have gone ahead and extended this until Wednesday for the technicians, but this system must absolutely be up-and-running properly by the end of the day Wednesday or I will be forced to consider a solution other than Pitney Bowes and Sendsuite for my needs. Thank you, Jonathan Nori Jonathan Nori Production Manager Destiny Image Publishers 717-532-3040 48 15 16 23 42 Exhibit "I." PPitneyBowes 96 711 rr- Engineering the flow of communication'' Your-Leasing invoice ?.-? ' January 3, 2008 Account name Destiny Image Inc Account number 7786057 Invoice number 7786057-DC07 Questions? If you have questions about your bill Log onto: www.pb.com ?- and click on My Account. Your enrollment code is: 0780-2 Call8 a.m to 8 p.m. EST: 1-800-732-7222 1? c Page 1 of 2 Summary of your invoice Leasing charges I. .. es 's- It' ... ax..................................................................... Sa ............. ..................................... AJustments Total due January 26, 2008 $6,894.00 ................................ $413.64 ................ ...4,557.36 t?, ?1tsr 07 $11,865.00 Please see reverse side for details of your invoice charges. Pitney Bowes Global Financial Services LLC is now servicing your lease. The terms of your lease will not change. Please make payments to Pitney Bowes Global Financial Services LLC. Pitney Bowes Global Financial Services LLC Federal Emptoyer I.D. is 20-1344287. Ifyou require a W-9 Form please go online to: http://www.pb.com/w9 and click on "Pitney Bowes Global Financial Services LLC." Any payments received after- Dec 26, 2007 may not be reflected on this invoice. Adjustment reflects unpaid balance from previous invoice. Thank you for choosing Pitney Bowes. TAX ID 20-1344287 Tear off here 000290 vx Pitney Bowes Leasing payment coupon Account number: 7786057 Amount you owe: $11,86 5.00 2225 American Drive Please make your check payable to 222 Invoice number:7786057-DC07 Neenah, WI 54956-1005 Pitney Bowes Global Financial Services LLC Invoice date: Jan 3, 2008 Due date: Jan 26, 2008 0122040002900000100101032008 Amount paid $ ( ! I ( f 1 1 10 7786057 000 540 01186500 1 00000 0 0 PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC PO BOX 856460 LOUISVILLE KY 40285-6460 II(Ir(rntrtlittfifl(Irf(I(lu(t(III(u'Irll(?Ilr(((I((it(I(((((, (il((I(?(((If((I(ftlft(I(!'(!I(I((??(III(I(('I(I(((((('I'(((('((I DESTINY IMAGE INC 167 WALNUT BOTTOM RD SHIPPENSBURG PA 17257-9601 El Change of contact information? Check here and fill in the information on the back. :ill L1_ Pitney Bowes ,71 1, Engineering the (tow of communication"' Details of leasing charaes IP00 2369892 Charges for schedule 001 Equipment description: Charges for the period: Jan 20, 2008 to Apr 20, 2008 Mailing system Equipment Location: 167 Walnut Bottom Rd, Shippensburg PA Model number: Serial number: Leasing charges $348.00 G800 , 0008313 Sates tax $20,88 Meter number Serial number: Total for schedule 001 $368.88 Charges for schedule 002 Equipment description: Mailing system Model number: VPP7 Model number: Serial number: VESM 2991633 Additional equipment on file. Your leasing invoice January 3, 2008 Account number Invoice number 7786057 7786057-DC07 Charges for the period: Dec 20, 2007 to Mar 20, 2008 Equipment Location: 167 Walnut Bottom Rd, Shippensburg PA Leasing charges $6,546.00 Sates tax $392.76 Adjustments $4,557.36 -iotat for schedule 002 $11,496.12 Total charges Imoortant information about vour invoice $11,865.00 To order supplies from Pitney Bowes, call; 1-800-243-7824 Your leasing Invoice This Invoice represents the amount you currently owe PftnoyBowes (tobolFlnoncialServlces LLC for the equipment and If you have questions about a bill you services covered under your lease agreement. received from Pitney Bowes, call: ValueMAX1D program fees are the fees you pay for your participation In our ValueMAXO program, more fullYdescribed in For questions, call: your lease contract,which repairs or replaces the leased equipment In the event of loss, damage or theft. Equipment purchase Rental 1.800.322.8000 1.800.228.1071 Overnight checks should he malted to: Oue sti on s . Leasing 1-800-732-7222 Pitney Bowes Global Financial Services LLC Mail your questions to; VatueMAX&b program 1-800-732-7222 First Express Remittance Processing Pitney Bowes Global Financiat Services LLC Service 1-800-52I-0020 5101 Interchange Way 2225 American Drive Postage By Phone s, account 1.800-243-7800 Louisville, KY 40229-2161 Neenah, W1 549 56-1 005 Purchase Power' 4) account i-800.243-7800 Returns Check your agreement with us for our return policy on equipment, postage meters and software that you have purchased, licensed, leased or rented from Pltney Bowes. Page 2 of 2 You can pay your bill: •Ontine at www.pb.com. Click on My Account and use your personal enrollment code: 0780-2 -By check, over the phone, att-800-732-7222 -By check, made payable to Pitney Bowes Global Financial Services LLC and sent with this paympnf catfp:?n to: Pitney Bowes Global Financial Services LLC PO Box 856460 Louisville KY 40285-6460 Change of contact information? Please give us the new information below. Company name Account number 7786057 Address (numb er and street) -.1 .,r., City Slate Zip code Business letephone Extension f I Business fax 1 1 E-mail address Conlao namethrstlastl lot Pitney Bowes Engineering the flow of communication- November 2007 Pitney Bowes SendSuiteTM Shipping Solutions v5.3 Update Dear Valued SendSuite® Shipping Customer, This past year was a busy one for carrier compliance updates and new product: enhancements. It's important that you are up-to-date with the most current version of SendSuite (Version 5.3), so that you are able to quickly receive carrier updates in 2008, and you are able to take advantage of all current product features. You will only receive service on your SendSuite product (software and carrier rate updates) if you are at least at Version 5.2, so now's the time to check your current version and update to 5.3! (To check your version number, click Help/About from the SendSuite Shipping menu.) Receiving Version 5.3 is easy, and FREE! Just call Customer Support at 1-800-888-0286. The upgrade is covered under your Service Maintenance Agreement (SMA) and you can install it yourself. If you prefer to have a Pitney Bowes Service Representative handle the installation, just call your local Pitney Bowes Service District at 800-322-8000. There will be a charge and the following fee structure applies. Additional charges may apply if you want the implementation scheduled outside of normal business hours. Configuration All on one PC One location with multiple workstations Multiple locations Charge $800 $1400 $1400 plus $350 per additional site Call today to receive your FREE upgrade. Version 5.3 gives you the following features. If you are interested in any of the new purchasable features in version 5.3, please contact your Pitney Bowes Sales Representative at 1-800-322-8000. -:• USPS Not Flat Machinable for Postage Meters ?- USPS Not Flat Machinable offers a lower per piece rate to those customers who qualify to use it. The USPS is pushing many customers to this service for this reason, particularly if they ship irregular parcels. •r USPS certified mail (purchased feature) y- Provides customers the ability to process certified mail and print the certified label. ? USPS electronic return receipt (purchased feature) USPS electronic return receipt provides the same signature confirmation as the green card at a substantial savings. Coupled with PB Secure Archive Service (purchasable feature), this feature gives customers a means to save these receipts for seven years. LISPS Customs Declaration Form (2976 and 2976-A) SendSuite Shipping's ability to automatically generate customs forms 2976 and 2976-A provides the following customer benefits: • Saves total processing time since the documents are created automatically; no more hand writing these forms. • Reduces errors as the forms are created automatically from the entered data, which is often pulled in via integration from the customer's existing systems. Reusing data reduces errors! • Expedites customs clearance by having the documents fitted out properly and clearly. Many times handwritten forms are difficult to read and cause delays. LISPS Express Mail Manifesting (EMM) EMM's value is the convenience provided by the electronic manifest and payment through the Express Mail Corporate Account (EMCA). Additionally, since there are no volume requirements, any customer can participate in EMM if they meet the qualifications stated above. Looking ahead, we are working on SendSuite Shipping version 5.4, which focuses on UPS 2008 business rules. Additional features in version 5.4 are: %% Two new regional carriers (each are purchased features) California Overnight v Golden State Overnight Integrated Express Cube Dimensional Scale (purchased feature) z The weight and dimensions will be read from the scale and applied to the shipment without intervention. This will save time, reduce errors, and ensure proper carrier service selection for customers. -Cr Data Visibility for Accounts y This feature enhances the existing data visibility feature to include accounting visibility by user and/or group. For example, users from different departments could be restricted to account codes specific to their department. 0 Data Visibility for Standard Product Thin Client Reports All standard product thin client reports will honor the data visibility rules configured for users and/or groups. In other words, if the user is configured to see shipments only for Shipper ID A, when the user runs a standard product thin client report, only records for Shipper ID A should be displayed and/or printed. Note: This feature will not work for custom reports, only standard product thin client reports. As you can see, we have a lot of exciting product enhancements coming your way in early 2008. Be sure you're ready for all the new features and for any carrier rate updates in 2008 by calling to order Version 5.3 today. If you have any questions or comments, please call our Customer Support Center at 1-800-888-0286. We appreciate your business and took forward to helping you remain successful in 2008. Regards, Joe Ferrazzo Director, Shipping Solutions Product Management 'J" Pitney Bowes 11 r Engineering the flow of communication Account name Destiny image Inc Account number 7786057 Invoice number 7786057-OT07 Equipment location 167 Walnut Bottom Rd Shippensburg y-a-u-tr=proTated usage invoice October 9, 2007" Details for [ease schedule 002 Model VPP7 Model: VESM serial: 2991633 Prorated bitting periad: October 7, 2007 to Decembei-20, 2007 74 days Current charges for the prorate period $4,299.40 ?. ................................................................... ,f Sales tax $257.96 Total due $4,557.36 G ?0 Make check payable to PitneyBowes Global Financial Services LLC. Questions? This invoice covers the equipment rent from the 'Lime of delivery, until the next If you have questions about your bill quarter, when your stated lease term begins. Log onto: www.pb.com Thar.k you for choosing Pitney Bowes. and click on My Account, Your enrollment code is: 0780-2 Call 8 a.m to 8 p.m, EST: 1-800-732-7222 Page 1 of 2 TAX ID 20-1344287 Tear Of here 000, 64 J'"" Prorated usage coupon Pitney Bowes Account number: 7786057 Amount you owe: $4,557.36 2225 American Drive Please make your check payable to invoice number: 7786057-OT07 Neenah, WI 54956-1005 Pitney Bowes Global Financial Services LLC Invoice date: Oct 9, 2007 Due date: On receipt 01540?QOOi 640000f00310092007 Amount paid $ 10 7786057 002 644 00455756 5 00000 0 111111!ill/IIIIIIIili II111111111111I.1111111, H II11111111i1111 PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC ! FO BOX 856460 LOUISVILLE KY 40285-6460 11111111,!„11111,1111Ji1„111111111iif„1111111111111?i111111111111111 if I I I I I I I I I I I I I I I I i l i l l l l I I l l l l l l l l l l l l l l l l i l i 1111111111111111 DESTINY IMAGE INC 167 WALNUT BOTTOM RD SHIPPENSBURG PA 17257-9601 llll?lill,111111iIIIII?IIIllLlll,11111i1,1,1111,Li11,1111i1, 0 Change of contact information? Check here and till in the information on the tack. Pitney Bowes Engineering the flow of communication" Your prorated usage invoice October 9, 2007 Account number Invoice number 7786057 7786057-OT07 Important information about your invoice To order supplies from Pitney Bowes, call: Your prorated usage invoice 1-800-243-7824 Your prorated usage invoice represents the amount of money you owe Pitney Bowes Gtoba', Financial Services LLC for the usage of equipment and services covered under your lease If you have questions about a bill you agreement, from the time you receive the equipment, to the time the lease term received from Pitney Bowes, call: commences, For questions, call: Equipment purchase 1-800-322-8000 Overnight checks should be malted to: Rental 1-800-228-1071 Pitney Bowes Global Financial Services LLC First Express Remittance Processing Leasing 1-800-732-7222 5101 Interchange Way ValueMAXOO program 1-800-732-7222 Louisville, KY 40229-2161 Service 1-800-522-0020 Postage By Phone O account 1-800-243-7800 Purchase Power O account 1-800-243-7800 Page 2 of 2 You can pay your bill: -Online at www.pb.com Ctick on My Account and use your personal enrollment code: 0780-2 -By check, over the phone, atl-800-732-7222 •Bycheck, made payable to Pitney Bowes Global Financial Services LLC and sent with this payment coupon to: Pitney Bowes Global Financial Services LLC PO Box 856460 Louisville KY 40285-6460 Returns Check your agreement with us for our return policy on equipment, postage meters and software that you have purchased, licensed, leased or rented from Pitney Bowes. (questions? Mail your questions to: Pitney Bowes Global Financial Services LLC 2225 American Drive Neenah, Wl54956-1005 Change of contact information? Please give us the new information below, company name Account number 7786057 _ Address Inumber and street) • . • - city Stale Lp code 8u>tness telephone Extension I 1 Business fax 1 ! E-mail a ddress d Contact name Ifirs I Will 0 0 U U c 0 0 C 0 0 c? C 0 0 0 c to 0 Pitney Bowes Engineering the flowof communication"' JANUARY 04, 2008 DESTINY IMAGE INC 167 WALNUT BOTTOM RD LESSEE NUMBER: 7786057-002 SHIPPENSBURG, PA 17257-9601 We at Pitney Bowes Global Financial Services LLC (PBGFS) would like to again thank you for the opportunity to provide you with the valuable benefits of leasing Pitney Bowes equipment through us. This letter is to remind you of your lease obligations to protect our equipment against loss, damage, theft or destruction and to provide us with proof of insurance to satisfy that obligation. You can also satisfy your obligation to protect the equipment through a terrific PBGFS program called ValueMAXO. If you would like to provide us with proof of your insurance, you can have your broker or agent call us at 1-800-732-7222. ValueMAX® was designed specifically to give you maximum flexibility in deciding how to best provide for protection of this leased equipment. Here are some of the best reasons why you should choose ValueMAXO: - Increased Equipment "Uptime,', Commitment and Support - If, at any time while ValueMAXO is in effect for this lease, our equipment should become damaged, lost, stolen or destroyed (other than from normal wear and tear), just call our toll-free number and we'll do the rest. We will, at our own expense, arrange and pay for a prompt repair or replacement. It's that simple! Security, Convenience and Value - The ValueMAXO fee for this lease is currently $54.00 per quarter. For your convenience, we will include the fee on each of our invoices to you. The VaIueMAXO fee is subject to change based on the applicable program fees in effect at the time. Although ValueMAX® is not insurance, it frees you from your lease obligation to protect the equipment or to provide us with proof of insurance. If you want the ValueMAXO advantage, or do not wish to provide evidence of your own insurance coverage for this equipment, there is nothing further you have to do. The above fee will be included on our invoices to you, and ValueMAXO will take effect for this lease upon receipt of your first fee payment. If you would prefer to satisfy your lease obligation by providing PBGFS with evidence of full property insurance coverage for your leased equipment, which may be available under your own insurance policy, simply have your broker or agent call PBGFS at I-800-732-7222. Your broker or agent will need to confirm that, (A) coverage for the leased equipment is effective as of 10/14/07, (B) coverage includes theft, and (C) your Pitney Bowes Global Financial Services LLC lease number is 7786057-002. WE NEED TO RECEIVE VERIFICATION OF YOUR PROPERTY COVERAGE WITHIN 30 DAYS OF THE DATE OF THIS LETTER TO PREVENT THE BILLING OF A VALUEMAXO FEE. We at PBGFS value your business and appreciate allowing us the privilege of serving you. Sincerely, Pitney Bowes Global Financial Services LLC P.O. Box 909, Shelton, CT 06484-0949 Exhibit "J." Fron: Dest;.iry Image . 1,7176325281 04/01/2MS 13:43 ' 4120 P.OQ1/Ofli Yn?rr ygrfny t14r FlourbFcorrtmurNCptf7n? RtNuM Your Business informa"On a g! M? Y 7 6 7 Q ? _ . +vS INC Pub Lcpa1 Name of 1.eteee 167 Well" BOttOM Rd. DBRI(RM*OF L>WSe sna i .ion No ; e Sht Aellsbung Tax tt3 {PEtN/]ry? r epr Tal aam. cy 71 533 ext zee PA 17257 state ZIP-4 1a? w ntur ir, RI''ff" Al . "IV r-meet'hvaaat 1aa2?as8 BRI s f' "'Want ttktn bUlftnW sdareegt p E1d U ? UIBGA{V 1811 t r7shw2don Cenfnrr Name cf y PA g 7-964 632 Itan ...i 27P+4 --..- .._.•` "'?y PpaGBf Cq{h1g ni!{U( n ro ?1oIDIWVCfl ?' -?"" Jor1 Ytre1r BustrAess New fft atyj Ouatneas 3a , an D?sraipttq, aroma , j StelProd Rrta 3 ! 1693 d.ir, /,Aaefivc T•abai Prt a ? ?'"'*+?*tiIrwaa.?/?a?rapy?M,t mom Sari Lava M? 19C MAOriCj?tOX K.it I+iYt'.(BG¢ a? J$61 ScafGg rt?a1? MW#Mnee Sol br AovAiw 8hwdard S1A wpy qc??51;1 1 9 ? tA+?dh77yeW??r1Nar,?agpy??nim vk/r 1 PP" R n1f of ?PM°?+AO1M,F?a?rbk4hs rr?+?m4RMUA.?yp.py?gy M?? SabsodpypryMele?? ? RCpa,R?ipyy WW } OWjOifs V-11n t I ftd h P., RRpVyy.n klldoa b M7+r'°'0 poll w"l 0 r Ply va p(M7 M .n, 0 ffi g n naontnp I ri%Rocavadm. x?`MICaN; Yl Paymant Plan r rF.s[ JIM T K1,? Uked AdvanC:l C17BQfS of 00 $0. ?? EXIOM f cer#ilcete attached YOUrAokno?vled rri9nt aspu Rar+I?MatOrA""bl#ratillRM?ynhmtIXeraOwnM=rvm r,r:.ommnuedmRN..•cb.,.,, u. MM Pitney Bowes Engln"ring ma flew Of ?aT2Tmu+Tkrrtlorre G S10M efP GFS', 'ws' o yr' a0ros to lease frptR us, Pibxy Bowes Global Felartdal the "'s'T °'O?uPODe, by Di ,Bowes "b7.', ) tlt?laC' Wipmenr), which wee aebaed M you hoed inblifunke Coneot CPe0° °^e• E wilt be tnwfeeQ ar( Poetepe molar, wdtlch?erit d0ii not )^aWa eny will De in w arty for N! peYments Set torch on Pegs oro °M p of Pei. You payable i,P rep, Bowa?aeCtoDa?FnenciN y of sadf bil7np Dariod. M P•YmaMshot lwtkh sC 2855480, 3 umess wa vino yw atlsersNSaSws L(.C' et P.O. Bos 8584813. Louisvitb, KY wmxez 1ktLESSr OTHEJRWlSE E7(PR Ies nNetsbwp Your a ProduW and BE CANCELLED OR TERMI ESSLY pROVtDED HEREIN, THIS LEASE CANNOT OBL1G 111,,S BEING U NATEO FOR ANY REASON. WITH ALL DAYMENT EQUIPMEM NCON01710NAL REGARDLESS OF ANY M, DING Ge. SUBJECT T O/ETOFF CESTRUCTION OR OBSOLESCENCE. PAYMENT j S I CLU N ARE NOT C SETOFF, ABATEMENT OR REDUCTION 2. Lease Tarm The Term m 8ris Laaae is me Stated Term pus arty, •Praaled UasGe Penod. The Sialotl Ten Degree dnsnnq the fret month ofeVta a,erber quarter nest foaowln o/yamfuUm .Aar delayer C" invcsee vnoerihra Laoao, T:.h.,' parF.•tl D°Dveen the 0 the I. e0 and mCbtne Proroled the Slated . arm 4 me Pronlad Usaya Is G° Equpnent Der A y Equfpmem vain Use Pe^o' you lose the DoRior. M me Cuanan Da man - d• In s(ssd pay as 'Pro-(-d Renr a prorate, ktcant orates the remeinln Y 1 fI You ?to a new baM drrirq the Slmsd Tem r,,N, aNOt . .,is sue C Payments under Clla Lear and the new lease does not became secueroy Ie minateQ, we may reinstate this Lease. 3. LO2`_ O. 't dr:,rcn?p end UCC FdinG. The Equfp L TM n:U maro they not moved from the local; On E. cporXad wi,horn obmirunq our weoan consM.llW bo b mat INS Lease Is a UCC (LWI. on 'fnante lease' gavamed n Commarriel Code) Attlee 2A. We own the and fife a dfile a nt UCC Yau wA keep me Epunpmenl Tree Irom eny {fans or analmDrertas, We may sign pnandnq sietemenl on your behalf (Prdcaullonery onty) , I Aassgnmenf YOU MAY N07 ASTRANSFER (BY OPERATION OF LAW OR OTHERWISE) CR SUBLET THE EOUIPMENT OR 7H,5 LEASE (COLLEC LAW 'ASSIGNMENT') WITHOUT CUR PRIOR WRITTEN CONSENT We may saeIVELY , esagn or any a331gnmeN D transfer ail or any w sN4 "If laf±-riaa change qupnenl. You agree and arknowfsdge !real Your obdgadona hereunder, 5. End of Leex OPaons. Upon 9bbays pnor written noaa, y(w may, if not In deleuk, among the bhw:nq options with'0= to he Equi- I. wet afa, L. . De.,Iwt s.49. earner [non cots end of the Stated Tams: (a) enter into a new b myecK no Eq'i .At 'as ase m m ul uaiy aanaaWa ler;ns, or (b) plsthasa he is, when n' for tair marks( vacua as aortaq olenni- ed us• 0r (c) return the Egeu pnl rn We is oTm., oonddbn, neaana I roewear ei, M it you el_'tl b fsium m Mck-up lee and make ma Equf e^t, Yau meY PaY olx ePW(CaWa P. erd mwra the Equlpmary ,men avaiade for ou ndi°val, orYpu musl de-°y! its common .. ;rrear as 3 ..0 roppam etM ya(us and dative, nsoo boar,° ono at ma specify, lre:ghl prop eitl io any U.S. desllnabon wa nCl erected stove oWo?i, you ptatl De deemed Io heW Mlared tl ? Mve manor-lo-month ex[emwrts of the Stabd Term. n f^IO may mad {eYecL• ve upon gC tlays Pno Dunrq e r witten refvm y Su¢essive euCh edsnaion, you proyrded above v ;h"s secuon revue) to . PurUnaaa or lease the E"Mont as 7es I You e0rue ;a pay ,a' d u+demrvfy us (an0 ABI, d eppayble) rer than beta on W , by, easured by our ne! mtprl9) vacated la orb L oceasetl e changes aannd roses measure me Ira ?saCipn, Payments. E pr Sernas rMered lelaase bate,,. You apron qu4menl or EqulPmenl locabon er 3ss0uale, with the adminislndon, bd to Pay the aPl+kcabb loo to cover our espartss? ort mq era backing of such Charges and Uses. 7. '-EaD'4ry WE ARE NCT RESPO,*rStg ANY ? FCR LOSSES OR INJURIES 70 YOU THIRD PAR,7cS=AVSED BY7)tEEOUIPMENT(SSES S us for, and fo dMarq ys a OR iFOfnsl any ccsls, ,era U E.Yaueae,Oreknbursa Equ. Oence. rx t!ftq raasonab1. anwnoyz' loos, ov a Glutting fovea e•tsnof gr use at the negiran: d e w.?? miscnnd::ct C Item our Gross before ds due date Reesred name cey W M6,11 Index ttys Leax q =I- l on Qeangwnl a Ycu vvril De tit ePWcabie edminralredve tee tl an tcounis. You atsc eGr :o edPthe ey mlereal m any Payment in (b .11 .arby na,ne dale :rmd paid ?n !u, al :he beau of 18%per ear or altawod by law For qu,Bnl under this assessed the sash dishonuaQ ur returned Y dse masimual we oPP`teCle resumed ream (x Payment fbm, check ordralt. YOU win be y Dateus You :n ba %mmed:cola Aelautt m1hoW soda un INa Leese G- a rern;l any Pay=' undin er thrc Laaae wren duo or a you der Meogs any other ob rg. I. of igati0n undo/ Ihie Leaso; ibWaperty affoor the bestir of reorc (nt?etad;dneoHe, atop doll; Cvsiryse,(or assign your Canknrpty or Mson You few, or dusaa: (c) PeL•aon Is 'Mad Dy er apeinat You wder eny egraemen! between You and vs a) you era !n de(suilunder eny otherprossM of d lure You and eny of oureainetes ('Omx ACfoemenls' j. ana anmedm a Upon Yarn dOfeVIL we ACreaments; eccefere may do eny or cop PI Lhe lolkwr(rq; (ij prntal Uao Laaae Y Amer (b) entl nquiro imme dwb Agree rrlmad h°r °Y1'tenfo and other aura d.' 1hU Lesaa or d weun aan q .wed or doe in the Muni ) require alum of as • Pena, neymars, as corrlpenaalWn tar yourba tes to rerun the E ptn qulant, (d) TanrlY Omer 'tn. of 's amoane, unt equal by b the'oneisinG venue e E tla, tlf nanl end not of m of Ute Stated es delam va m our rouonabla d'utrovon qu(pmeM =.1d remedy we may have 91 law or in equ(Iy. You wdro en ' e^d/or(e) y ,,Pp ,,Con of me E ui Y ^otlce of our n other weed the Carena q Cment By reposseasinG the Equipmanl, we do f o,".1aastort or duo on the Lease. You alta4 Pay rN our co41...13 anuua'npVe stir dghl to enlx?nq our dphu agema you. We reaarye all ..... y a ohts f enforce Nam ai me Cme 9 8onyyi (sea, in u you tletaut An of our rigr;is and femsdi Yal even a we do not conoononed Don yaw debun xnhnuirv es are cumulative and ere not .cast Feme Trrar y d:'On'tim ns 1515AV (Rev OArp) ?1. EmmWprtent Uas Wa nly I In the . You onto use ple Equipment Z. (e) for DuaIne,a ° Putpoa..s, ind III M the manner coverplG cob ERu,PmanL You 7haa bell wish ae1 A rG1e mu ON and (navuctionaYou will wenaneeaLm,rer usage GpaMNon{ ,^ra^t[ira a y P91 ^ °1 O to the PPicWk), orb cola Mmts and rart6darta of Purp srpe eNdertctnG BOGY f>fovieons v W?RANTIES OF ANY KWOfEXP n M NO REP?R $EN ATtONW?ntem WtukTSOEVER, INCI.tANNG, 9(JT N07 UACe ,MPL(ED REGARDING ANY MATTER Sop ,NERCHANTAB(LITY OR THE No I TO. ? ItAPLEO WARRANTY OF ITS FREEDOM FROM INFRINGEMENT, OR OTT FOR A PARTICI!(AR P 70 YOU 'AS LS • y?q ,F (S'AND T TH NE % , WE LEASE THE EOtAP LOSS PMOESv7 OT BE LIABLE FOR ANY ?• FTS•' AGREE THgT WE StIA,Lt ONRECY DAMAGES)OR EXP ENO 6EG? ENTITL YOU I?tDE)'(TAL. CONSEOUENTUL INDIRECTLY BY THE EOUIPMENT. WS HEREBY ASSIGN OyO D,RECTLY OR ED TO ANY PROMISES AND WARRANTY RIGHTS OU ANDYO(I ARE PBI WE HAVE OBTAINED FROM 12. Equipmora C ea. Corndidn;t :f en end Repairs, You soap, for et our expense (loo, , ke q rpmenl m Z1 nd grldrtG order, (estop( ardMl eP a10 E u Mtenl end any cabled en+iraenerla femr,s ery war and leer), We may inspect v-4 d?M rtGistN Isr. Ineaa hours. 13. Risk of Lola. of f you aselpne and agtse b bau the errlbs rink of ksas, ore!(, daa Wcdon or olMr i^WeirmeM o tla ENtpnsn (eskr,inp normal weu and Isar) ro0erobx of LDaa aigfl /Oa?eV?j •)1)arn the dale IX Shipman( by D& faux and for dsa entire term of Ihis Lesx. No IJ<In _ You d any of your PDMGatlonf under tler Leex, You 3he1 io "siatery tbyy kua star MnSl Loae? i [utt= _ vaua? °I ywx eapanaa. kasp,M Equipmen 253.8506 and proyeMda su to ( outdo u. lre ml?f (rs e1 , Lope our rele diacnl(on. robalfl t(am Yeu bl to provide auat wioena, we may. ire rro a r^ ( 0^' (bWd -AM end M Ma" M end axyWe 0*Equipment a VakrsA(AX® addrl'otel ri+arpa on ow tnw)aa b yolr, g?aroA a tae. wrprJS wit be 3aparnely You of yolrr ° ay,ysvlob6te?iilra? yalr bs, we wig provide 61° EquiPMWI n me wnun not ft Equipment MCI %,, ?m°y ba raa d by P° a e :t, Pitney .owe°??np n or deemeJ we Plea e met{ Of omenv)x ? ,"m@do rotpd^D.nspon, wlm avbana of IMUrsna SMNin dse Iraq U+e len Y eYPu h ?n q Etryoment In IM Val 111) time th." pn wn ed n ProNde us wih proo(M tuuatloe led it tlts PBGFS Vakn Plan, You need not ,nokbad in other ate PBGFS Va1wo0 a yt b0 enroaed i^ Vim. a me EquiyrteM u -any loss. Yo We' ur Lsp(a outgoro rf? afi e(r(tdiavber Z- 00") r°P.n IM E mAOOrdw, aid Eq•+IPmanl under Ble,elma aT mia of ^Gad- It- w require, la hpltea or replace the 0( wsiean nova of IM bx or damp egroph and yn lip to do coo wkhh M d the 11 e^Y repaamanl E eG°• You may brtnsy(a this Leese. Ttae tome on'WnN oil brmineb ma Valero InprtlarN wit M en Gmai remain w)m ru. We wie not M bds ro Vok;e PN®Program. 6y pn"'dn^q M VahIeMAXO you if we _ n. we ors nor o8 BGFS luN++r ei(COMr6wtd Wa Leeaie trio Prove gip,°aaod°ted faeri ,no?wait they owrs..ing 14, Compu s be of pesedymenConin eupInvoices- You °amowtadGa met Ute amour of each tease been eynga.brq vetion be(we Nee and duI the POnenls of our boas en fM Pe aan eny enlerap h me a IY w• BY Yeu esawtion d lhs m aY klrArde, Dy ithrstra8on, nnPOrtenn a err bex pripnG, vvhi,t components aquyrt(ea _ but no De imdad lo, lase araacabdwim equllstt°M d IaN and 'uD. rrPPOrt aerviaa, base odGesatbtt and rq a?nId he:_ =Ied w' ?a^pa• and may also kttkrde amounts canned aPilakxea and pad by Youy y.L*,,Peid by us (rpanEqu/p(T ptarueis . use to CsnbdMe(ar Rlmbl, Servka andror Soh{)uettlb If you so raque310 , simuAaneoual w PRMa ul (*PP. y0w t^terltm„®Coryof Your Issx with PB FS DegebfnG 0(ma Lease YmenU) Ixlnmerta and PBI; voter _%=, 6?re Dtdudsd in Yaw do a Pen of QuMedy Paymens x ° PrvHded tar n IM Lease en nor , fd yeti Ousrte dypeYment,T anyP&Pe elab lyd Yo ?gh,,, Wa mayin oM, " yeurr, page ouch as EpolrAbew OegrNd to male fee ePaay :led *1 Your Equw em GutlaG(1 ndiraebd on convsraionq anrA otnsr• train°n0. Sud^G sae i tyR1maGn4on aunt d Idaems .115.( on•nundabb. auPPOrt services Dport Servias1. The S WPor, Services Paymers 4 ginavan Fsa. theses Feld by you seDuNely, a one-a to aver the on docunaMadol. PaocaswnG and adaut amer ukWt Cops time fee t asm era Lease a atcIL as a apiladxad pre artlount in t:MtpybnG yo W OUeAady pa ac m yment. wn. YI6.ourIritbfekaaldonLeex mR saxof f -L.l. A. TI o h•PeYraIjQn shat p°Y Your fmf Ownary psymeni upon receive i end anti W appi ad small be ,o deemed to have Ossn sa Oeyment h You obligation a make Ted when we Your Fns Ouwtedy IT updmar Waiv+rs To the eo8tenvhe wdtial by they have under any aIaIVIa o taw, You waive ant' nghlr you now or laser Eq?Pa^I to rodua our darnaGaa )nWdMG ovrnre?? w Io see base or omanviaa use am 4 a whic' may oala,Z Imft or m N2aoon a me ramainey vatw of the that ass dahta end nnnWies odil arty of ou nlNes or carobs. You agree Leese ANY LEGAL ACTION wWer UCC Arbde 2A (Secuona 508-512) do na e YOU FILE AGAINST US MUST BE STARTED WI?TLU to 11'3 2 N ONE v) PEAR AFTER THE EVENT . R-N RISE LEASE. TO YOUR CLAIM YOU AND YVEHEREBY WAIVE TO TRUL 9Y ,7•,ERy 1N ""Y ACTION RELATED TO OR ARISING OUT OF THIS R GPAM PECIAED IIf; F THE E?CT TO PARTICIPATE IN THE CARRIER StLUNG CREDIT E CONTAINED' HE PR()•VtSONS GOVERNING THE _ AU' LINE W THE 9a1 EQUIPMENT GUIDE. YOU REOCUEST ADD SEhiALF, A HOR AE VISAV THE PITNEY ACCONSCOL B.OWES BANK, INC. (THE -BANK') TO OPEN ON YOUR SitIPPtNG,BAN$ANSACiIONS.' TO BE USED SOLELY FOR THE PURPOSE OF EFFECTING 19. Se Se m(Ird.Y- your ff f) rd Sa?nf S ction 7 (ar:demr,(jUEM rh. e 10 action 2 aese re n-l""GAII Sacoon 6 (taws). ) •urrv+va Iarmihefon ol cencetalion o1 20. MLlcennecua. 1( mod seveslYoure than -, Lasses is Present flat)" m ed Ln this Leant, Fah! Join! end Equipmani IiwlullY ago, and Aywag be Service ? Agreement and Thal the lndWduab perform gds Lease and Agreement on your belly have* signing ties Lee to and Equipneni Service AOreaneM wnstlfitea vie antra a necaasary aMhOsy, This Lease snd E between ft addressed nbcoth Dr emwe w?tle nl SeMce Agreamertl end raproaer eta to the tha r asubj ? edM no[ a nql binding on the par +i WS By Mo." ?eP?em old«s, not inChided Mte(n of Mersin or. whititwemay squeal now and in 0w lulure. ' YOu a0me to hyti(Sh (atbnal information aUciorca m to obhlnCreditre i'd11dt'9 Your lax IdanFlfUn formation owner. puda a1 You new - it, mbK, and you Mrewlth agrees s to f ,ante/ signing 'Page - Or On any document ?On. a nm p?iI• f his 0, ho, lnelxda frig ooror frlformetion we may reque Lfi# and ern hiiure ka r ,. ni. On curer e y number, end IUthonaes w to of U+isUme rledd re h him or In new or more raaun nareoi connection herewith and erry credit extended as a YCU AGREE THAT AV EXECUTED COPY OF THIS LEASE BERING OUR STAMPED SIGNATURE AND YOUR SIGNATURE SIGNATURE (AN ORIGINAL MANUAL SIGNATUR PNC7000py E OR SUCH REPRODUCED BY MEANS OF A RELIABLE ELECTRONIC FORM, SUCH AS FACSIMILE OR ELECTRONIC SIGNATURE) MAY BE I,{,gR r. NA BY US ANG SHALL CONSTITUTE TYiE ONLY ORIGINAL DOCUMENT FOR ALL EFFECTIVE PURPOSES. ALL OTHER COPIES SHALL BE DUPLICATES i TF LESS Hi STASTES CHATTEL PAPER (AS DE .TO THE EXTENT FINED IN THE LICC), NO SECURITY TRANSFER INTEREST IN OF THI TH S LGVSE µqY BE KED -ORCREATED EXCEPT IN THE POSSESSION OR AMENED OR E COpv MAROINAC' BY US. THIS LEASE MAY NOT R PARTIES AND NO PROVISNTED EXCEP 71.N A WRITTEN AGREEMENT SIGNED By THE O PROVISIONS our occe CANOE WAIVED EXCEPT BY OUR WRITTEN Plance o an Y P1Ymenl of Chock offored by YOU as a Settlement. CONSENT. aebd•C.mrl, .has not wnablul. s waiver o! our rights, Or an S accord anor an accord and accompanied by a separate agreement Mowed by both sabafed:on• unless Y Denies. fouipmen' Senn. LaveI A ,.. Into Ionnato1 povrdadd-an-'p?iP0rated Ta nme; Definitions, M Of the 01 0116 Service mLent a, Agraa oufubm; Yovy Onler4incortu"1 by reference ha,- ten asma ma ('SLAB, The terms chimed ordv aid made a t>an 'it amergenty re severs In this SLA. PBI will provide abdbed on papa one ahem pays ho- Pair rvlce, for EgAomwl Cutianar Y" are" tv w ,?.r? ?(?7o? tn vrkh mablensnca and equrvaNrl io iww. 'Kk;di Cafker eccaurMYi9 aetudws) 93 r u.equird udin kl PCs ant to nomai weer. ; hie SlA xdude . oftwere r rehuDnhod) Parts and mblies(needed due fl matrtlenance Indio, updates. The fo 1-drig term. end ...dnlO is aPPly 10 HI equlprm.ni mrvlq level egrnng.MS: O 9aalf Equr.M MSlnknanCS. TO Obla r N Yi emergency repair You murt Cnlad POI for aarMire d4,,, be or its normal wonting hours (ban _ 5 In am the orem 1, .W .rep it [of same$ wa hFriday. MCI s websile?opdas) CNie Wolfing Harms-) « auough Fnday. erMckft a RIPPOn through M ION pee megrim 18 addition. You have access Mand and aids o Pa. hO5 Nee)) ttt? 1-0•SN2?s2.0 02gED.Dmldxip .,,tier t:Pm EST., type ay Peon, Bi remrw Repbcemnl wig, now, recondibpned w rart, " Your %wrarda quiPmenl by (e) $arvke b 01 the Equapmen(and the nalum of the pedolm ad equipment, depan y diagnOMICa or olfL ule drjud mrl anbi Problem. or (b) On 3" `'p0A the ago replacement needed due to nom! -*q now for eauivalenl to new iervig• famole (endlor u at -sr. Paris or ) Pons Ind astembbos a4 Ipmanr not rhe!xebd ea new. wig De saaemWas iord'aconialued 9WRment for yow Egvpmenl by raptecament and Prowled only aSVdfabla. p P81 wig. at no mar to y_ gran n your prplfem Cannot be ----it ovsr @gatis 9mv(ded muss arks EWOmani, WtMn rive 5) days of row p! If j(NOr remanugGUrW equipment Ioe• agwpraorm, Plow dif theM DPEmp mPaid o um dMNing Core,, that contained (thsrsgaaani mys are responsible for the value o! and any damages Ica the E 11N Call*" and mbhm k to Pal You s ernce is providad for your EquiPmeni by on•ska seMca, rem?oy dl unW pal rv ceivea d. it service. tleemad end ! o to arrive 91 your location to,. a bpihri? - so- engineer In moq used, win ON-$a pedormed Outside Pat's NOrtnal a w/a be no bony tliapeidled nodded to Mrwce W0nOn9 Flouts 341 (Oil' a Charges unbss service is the lOragei Your EquiPr* m d re aA ffddd (thou, dd# Inlefdin4M a Conaum•ble w qur P bc, , ' CMS NMebMnps oq mc.SnI 3 and Printae for 31arxNrd ss'vice areno!Prlrltheads for metes. Orohesaionai aefYibaa other Chen thow set forth herein not wvsred by this SLA ai Program sOr4vart nor .drOntc scales and ae1 n Covered by fib SLA. R.,a thlc S;.A. Ing sYSto•ms k excluded from coo.' under rage 2.0 onot. d Sd?. exci:Idea serviCaa end fourths fret age made nsrenary due to EqnautpW9menf dgence enCe in Of a acodwM , damepa m rranay, virus conrsmi manner not utt•O nalron and loss or del.. use of aAxed by gds SLA or oNera """'.9 agroemeN , exlemal b ar, use or Egvi PPI+CeLra Pureiaee, ream or au?dY error tine raga pmenl In an anvkOranenl ch ec 're. noOd. or other netura ceuasulsaaota9 er f udulgn. *star" -ilh uAwmr crew 011w Ina,, PBI, me um or suPPlea or -Lt ., hard a,. or a?olrvor apempted re ally ore in txi by anyone Lcarc Form , r9nnection aim it. ?ertms end Conlreon, 7535fv (1{tr a•Je) 7 ?q' led I. d to a h`SS 11lqgulnot , o" pal 1141h any 4.1. rbwlitrh v81 M to Coq ippyiCottia Oanware updalse enyor dvisad I. nit Ipgar cernP•1ibb. s'"itad It w1 no longer provide support THE INITIAL TERM OF PERIODO SUCH LONGER TERM AASTHIS AU?gY EEMENT SHALL BEATWELVE RELATING TO THE EQUIPMENT FOR E PROVIDED INA14Y LEASEAGREEy-ENT FORPURCHASED PURSUANT TWELVE T07MS SLq ANpHS14MAINTENANCE COVERAGE IS ALL BE AUTOMAflCALLY RENEWED TERMINATION T SIXTY FROM ERM,NATION OF THE LF (Z2) MONTH EROOS (OR UNTIL EXPIRATION OR DAYS BEF T ASE YOU WRITTEN NOTICE OF TERMWgijp UNLESS PIT NEY BOWES RECEIVES LEAS ICE SHA gE pROVurIOEO TO TFLE FOL OWL ENT RENEWAL )TERM, SUCH ?E 'ALTERMORT NO LL wnae D'ibERMgY Bowes Naaruh, WI 51954 AS --'U Y7v0hyo'-d?' IIM SsLLA 0 dus ? 225 uPO^ Yo recaiDt of sect Pand t0 Mooftwoonn,,, TS? ?1t? ft is mBgwes may. from time to Ome, dwga the aemces ProWded under al PlbWY 13""o' dW0110n, wilh notice to You. o Or IenminaN suds aerwms Of this SEA moved from in odgkbl location, P(pt YOU. I ten gWpp" ?retl _ Agreement n notice b you. b ro lm y ad"ai m Mock in es solo by this 11.0. Meta "(it of 7liUr eeg/aamallt b deble ft w site reps *Qds I lenh I, S.,,,. Ind 4M %yftn of yew agreement L g the "vlsIOr% You wit Cost d uattad0i?tionMal' Dr NraMa rsknd M the rMVM guaranteed bm. sa?^Y vtcewritfi rJts y Bowes war sedvi of moki ?( once Cgerypa w'dua respponsestund such tc nge In services or modification of Ike notice. (a believes. 61 its $olo judgment mat antic in serNCaa «mPdlfCatien of terms 4 ?mbinaNri0L Y, 4 h you rscsfvl fork. the any di?in9 b Pitney Bowes ? nni e of yaw d W to Wm??'?g, Y (]0) doyj. alter yddr n-0 of such rloUos Ian(101 busklass days after to ney Bowes' rwaof of Y you 188 r O Nton niTalinYaouwfleece by shott afotice mustN 2we Your C ?na I scownt II(Imbee antl, applicable. y?sM& number Sa pifty saw". by is vlOf this ar anY adI«a0restnanl welt D M CV If You Wa aDPFubb ress-any aft, Scot r LLC axpapnsas irgll?rrea ma y aolnadialoy anehaN INS SS AB Phn WObal s ay 413 anomeys• fees and Interest Io enforcing Ili ripple under W SLA . y Bowe may o longer off«malroodha msawnwrl extant peml* bylaw. vSOW ono or it you pave ?ro Sereica for the Equbmant «0* SLA III Nrmby? p Mindy " BO Iii naw!DWltt+hab0 this S?. feel infINS S«yion 4,0, Pknsy Bowes'sdeoves nation is due to your breach or tly SUl paid «Ihe lartninsled mrwcea eaasp tithe 6.0 Fees. Adjustments IQ SL A be made Only at mnawel am* It your E `690241Y operated more wall be added to your Sevue( rag.. p" Bowen NPar day. Irve days pafwe•k as snlrs any time and [Or any mason nyuglrq. but rql Ms ft right not to renew glio SLA as l Cycle Wed couni. orymr refusal to psy ant amartN due b, a0a of the EAUPrnant S w -rd" a LA 4 rlo1 made in fill on orbNoreticdue Udata NS Older (hie SLA. q edmi istr9l; (N a You s,,aa pay Pi atlt PaYm•nl V)dsr this Paid in fun aIM bassMrOt a; %daingllenl •ooOUrdsSnoy Boavts' own applicable sigrheture is Per, as sef of 1 ft, ef mmth or the , frldV4rip intaea nom Aa dos deb if magnum 11110 •aowed by law. Your yment. PbliCS Is signaled alien as autY' he"d ft a" horized irwoicv is ym ad or MLa tpb SLA. DNny' BOwer P " Y i emopNnce of your a.O UsbUill"i Warrenly F(OTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PnWEY BOWES MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDNIG ANY WARRANTY, OF MERCHANTABIL FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVIOESITY OR H EtR 'OTHER THAN APPLICABLE TIMES THE LIQUIDATED DAMAGES THAT MAY BE O VIC LENDER SECTION ELEVELAGREEMENTSWITHGUARANTEEDRESPONSE AMAGES T I, IN NO EVENT WILL PITNEY BOWES. BE LIABLE FOR ANY DAMA.INC?ORAN L ST PROFITS ORINCIDENTA( CONSEQUENTIAL. PPOSSre LiTY? O DAMAGES. EVEN IF PSI HAS BEEN OOA'ES' LU8 LITYARIStk(G OUy OF CDNi LIMITING THE FORECa pITNEyHE OING RACT. NE 7ORTORWARRANi,r OR OTHERWISE SHALL NOT GLiGENCE, STRICT LIABILITY. IN YOU FOR EQUipMENT MAINTENANCE PR EXCEED THE AMOUNTS PND OY DURING WHICH SUCH UARCITY AROSE WITH RESPE 1T TO SUCH MH TERM 7.1 0-,nwI ERVICE. FdryOwcgmm,uInc.. If You remain in affect on I he rop4Cemere to YgSawaent covered by our SLA. Yow avenge wd Y Boweaf then Crlrent anew.( rate l« Iris n OW . menu (d the agtdpmant qualities) it atiadlmeni l Your ceverad EquipmsM « add a Iarit bIp ?1y I wrNanl a you scam'. on aetord(^glY. 0 ? av«pe Y not elect to y irlg aaaehm•M «und and Y(Your m Mi a+r.N Nis SlA bhur, nw cevareps on ant rep 3on. aceng.m Y ' Inle c' or"Pok'aerv(cea poNded for yowE m inilelkive(oo.andanyehrdher Current chargeable tabs tor m ' Y E Wbrrlent ail be -bjgg b Pitney aewea' and .ddifid" remedies available undorp"y O1nO9wIIY'fiWissmica you may have as eateblaped by PitbI. BOwea ft- um to Customer Saddeclal Gua' Salaacdon Guarentee time. In no flnlee prep loll profits, or Other, mil) aril Panay aim "do b* 4qa 'or -y .-0011 Including comer obfggWria under uti. Sd[AeM or consequential damag for es the subject wvalad. This SLA tanptses pg. In ftarfa nanw el any. .w or wtnbn, or oeg. and suparaeclas all prior 34re menta, viaov I'll- ua with regard this SLA terms aenir«ad .The tam, a an N ? en1 OW add lo svny CONIC! w mete 1 rtby Bowes a agreement or Shan have pnoe4y Over the term you r•iab ?dapie E iOf re maintenanq ncur a s of mb SLII Pim a Wipmenl bowed under Sib SU nY tiebfey 1«ityWIayNNauxa vh pedormirica d(i ama/r r>01 ba nNd raapon Gale a Noll audt Baby or failure ream from Causes airy pert of Ihu S(A b beyond dot rAntrel. 1 the extant ndudm0 bu! not tintled t. Ore..".Ohk,', azp;oshcn, vier, larrbriem. labor dopule, embargo military p?tnpMY, nett" disaalCra. Or other 3iTltN I tie mme"I re Was of UUemeni, civil or 41100r%3, T11eFollohvingterms epolY to squlprnpnf Hrviry hvat agreements 9UProem oervtca hVel egreemerrta hMfA 9yprandad neponN Ifma(whinere(ra(nte cover page of the haze). rf-Ydonot• 1 to d and agreements, PP Y basic ehe on the a9trlPmeM »rvlca {oval l 9.0 Training Srrvic.r, You may fecefve uairyng ls mulwty agreed upon by both pastas. SUch bu'W NetarnofOi OPSrator(a) on how to use the mg troy inckr p9raemM1 al a iron dp an M( the by"" Ovwliew 1. the number O( udn@hg sass(onp It ml a?tV ICludedsqu '0m Covered Agreement The agreemem are as ro0ow> Pe+l of 0t Wow fees for Your smite level tour (24) Ira- D- mail *"Sh'ng ,, asaa,a sc Beach nve1w month and wales) receive up to tweet' certalnmoil frdyung 7000hmtng sollrtOns recen•? ; m eatlh Mehre mOren penod; end UO fo tour (4) Ira' c mad cfeatbn hung wsm.na address Dnnlepn a eon_mat" eftop Y3lem), la -p inserters and Leuung retslOnr in each twelve month period, ? System) receive UP to lour (4) a.0 AddittG9al covered he me- PMtheads for meters. IMetimkya provided Wl''fOUf adddinn.i nc.rga qurymem and pnmers are The (otlowfng I` apply In equipment earvta heel agMmerlfs with ,as the 1gWpm" tsrfserv cr training. gig eamerRavInN Oe of tie haw]. Tb.y d0 not apP1Y?o basic g- o a9ulPMrtt aarvkaleve?ap. monts w1th 10.0 Prewnuva )datntenpnca. 3ervicaa Nulty Bowes than peffotrn rap, Pre, malMhnance on the Egpmenl wNy shaft iradude maknlarhenGof e4 n 3haR gdOMeort, end edi43tMGma, when "icsb,a. Pravenlathie M7ime(? b shat teaPdom,edst ort-er?anes, ere pens, Ponies and based on the marnUjaCtiL'9rvatrf .- a, tpd et' Advanced at a Ifma ron MO°a raC wnienl tot both 11.0 Rae ended preveralve main, .... C. achaoIffes. P-" tsme. It pjtnay BPwea dw lnin.S that or4ste service is nace Bowen Shat use neaona "o commercial effofls lO have a service lh'K1. 4) bwhhesa hours of our rece eda pl of your 3a. Penny 80"3, bwinpsS hot can to Para 104 k 00 number in ac w sea within (our E,womom a fo•.?fad, exUe Mo hay ihmuph Frida , Srxtpt I.O. Pitney Y B em l0 S pm h the tine ZPne where the rehbs sohty to the ardvei of ate heYS- Y OU 7cknoaiedge, however, m ndicate Brae eme to re+dw a tlvticipn N Your lo"110 and tl1e1 ran at INN response tine n. pono rUCth tour 4' Problem. Thin Is not a guaranlss of sane dOSa not w!If be on-Nte ndorth kne Pend, nor does d guarantee the, on Problem rasoiubon dude g Lmo in those erne Inman. In Your psAS nscasswy to make ¦ nPae sarvhcp b outside of the four (4) hour response lane d xf n. you "my elm to ?Ue se rote Y rMtaramam, 0oftweft madnana so forth herein. PrOdUCa de7ignahd as ethx services not esnentle1 10 .8 a prawnUve maintenance, operator usk*V or etlvanu end ere not pa quVmera to e (urtC -1 condition will Part a! the response Gnes aei forth heroin. scheduled m ' 41 does 2-0 Uquldei.d 0amaq.a tar F.IIUn, Io not respond to your one Apat Response Time. pr4hsy Bowen a a..., within lb- (4) hour or nm- wa nenburae y a hpl of the 9MS that if e. plbl6y, *110101.d co., ede otlU'l le Ihraa (3) months of the Loa W wh the , Of the 2"lloral on•eite (lueram the ppm tempered to me cost or ma a ?karh eed -.Pon" Omer w Mile Without each n service as (ervice an') upon Your intcanpieton O(enance rM Oound lorm You aponas ens Obegaton may t?9ws1 this nthmd (ono Van your :hen ravi" YOurr r requ best fa? m me toil fre er '01 (OM in SeUion I.O. Pitney BowewiN based upon the rJOrmetian --- and to n nd %MUher e a froth herein era amk by YOU and. review of he own con shelf be tstUod 10 dits ter two (Z) fodorsa I. meet then racOttl.. The as"" sat Secuan I f, 9'n -Y -- (1) m-th period. *onse fungi obngatona in .eh¢e FOnn Tn-U arch Ca;orjo-s 15336v(Rn 4A,N) EQUIPMENT GUIDE DEFINITIONS. am 1ve' ar'ui means Panay Bowes Inc.'PSGFS' moans Pitne P8L P8GF5, Bank or you. 'YOU' and •YOUf it... Th. euslomr. Y Bowes Globes Fmenrial Services LLC.'8ank• means The Pansy Bowes Bank. Inc, 'Pally' stet mean aecn 0( WARRANTY. a YfPmamy- Peoay for 90 a days from data of •ledom Nit d r)' Rate e S twero and rl mATd? «wM? to by PPB sccs in workmarWrp and la perform aeeord;rg tc Nair iPxifreetiana fr p0 days fruen be data of inPloYalbn, K e material or wofOni material end In3laf aeon, P8i will repair R or, at as option. soap it u no cnarpe. A •dateCC dose not (ihCAlds This felts deaepes, ; ha pedormenp Of senitss by CBI Piece be dory in a of robs em withen eetto cons a Tessa s hed The first 90 as r days ear salaam. misuse. orma ce Of ankAs Pteteubmal and warkmeclolas martnse Than is no boded in for Rate es and to eoragm AT Usage accident. maruadurses rscommytdad us halos for services am Published roles as a raved of rr ier Asa ore: daf error , caauath (ilydn es foe. now. or char Asa ? damage kl lnnaiL vino cenWniMtion W tea d dale, m 1ePaira del Pro made mpesary dw b The wain a aa r Cover cnasuneole pnda or supplies eucif at re, cite, mks), S.bj?e• repair or saempted repair by anyone olherman I r the abuse, U S@ Of .01 bas at power. powec ? or `qurpment.....7iida:mar and ionifu 8 ore a ris o EXCEPT such STATEDA tin. aeekr and mdsl"W brusnsf• bulbs, Inks Bf is sere ra OUT du to xb nl .y Us. of Ih OFMERd-;ANTAB;LiTy OR FITNESS FOR A PARTICULAR PT PURPOSE. ST ?E' PSI MAKES NOOTryER WARR S ESSs R IMP oED Paris wo A y to RRANTy OR TEE FAILURE;U THE Ff"MESS F T C i D& W.LL NOT BE LIABLE FOR ANY DL AAGE VOU MAY INCUR EXPRE L1ED, SON O 1NOUR USE OF THE rlnte of me POSSIBILTY OF SUCH DAMAGES. E. INCLUDING INCIDENTAL CONSEQUEf4TlAl, SPECIAL PUNITIVE DA BY REASON OF YOUR USE OF THE EQUIPMENT MACES. EVEN IF PSI HAS BEEN ADVISED OF TtiE IDEPOSIT ACKNROau t.1 n may be artyryed homOGrlle "me the upon a ea.aon of pm Apreamarit with PSI you wil Nlsobebe M. you represent s e silo haw mad Yee Aekry mnnt and en (unmlar rah its femme. Y0" 1. Ilms, bowed by at lama uvW t»I;prt• N see Aduywl e N Delpo USDS AC J(NOLLIEDGMENe OF DEPOSIT. B dpmm of Deposit USDS ) XNOWL Imo a E WbOF By Phone* SIT. Resell q a lease or use compwafRad miller sawing system ('CMRS') RMr (S') e'depom a nto a P bans mount wide you maintain of the Bade (Your RaAsM aqutprneara• You may iraretr (ands to The P-yts VUSP n (todtbos Bad-) Im this purpose Of Prepayment of postage an CMR Aamajor) r mils parser funds bPnafr kaWa ladle Y BOwea Bank. inc. (pee you and PSI, you mote, (corn ens b VMS , milks tlepoiils in your ReaeM Account a mss Intake fi COepoaiCJ. 2 After Pry United Stites owlet l agreement ' Ththe LISPS mete. at i1a ty'My OM, time 10 - Make a e"eesiadr o rodplsrm of effective dab of ed base or meter moral _ Reserve Acroanh smell be subject :o pep Postage By Dhorla®Reserve Deposes metlp by Y4" lane L L. B? i cBank Account oui Identified Above. a . Anyded Sobs Pad/ In y CMRSMRSposit USPS Bank m account hM A-. nl be credited by The Poo and for Accowlt-Agraemem and Dfsdosaa Statement dAsOwe 7. Deposit made made o it/ teou ns m ye# cammmpbd hint be cr it Other heetomsn. You f Shelf Me not ento xposl ge IorCMRS equipment Such Deposits wnl be ??? Your a 003W SAccanL and 0 The U made pea lope led vAI a O CMRS s entitled to any iM•ress Or b ?n Ilse s. 4. Service Fund al aY Ye" in we remaining equipment The Lockboa Bank will provide a refund ro oihar lss held Asrnee USpS-h here fGA 4. The one U.S. a with b and maybe regulations governing depose of funds bor CMRS. pubashad in the Domestic you tar r his successor. oparwb• hid by The (BPS. These t LISPS Will proNdc. a le US S you IM vim g p8I on each business day, intormalion as to the amount of Asdl De Meg Msnud or Ns surca»ar, 5. The Lodcbok Bank, w1ftlh chap ar? Provided in aaoMance with the ruin and on a h b My s dronshtp concerning t che am advances to between f Tisc Poalt made 10 Me LISPS by yaw, so PSI cased ndsa on bias a Pry Upli veal shall ad LISPS, vets rvhmon eta nonce. B. LISPS n Is e You aM DBI. POWS r WWW p» Bade. 7. You a qwy "T11x1 Thin . SM PSI h lento of may depose funds p t may be changed. Thy Orr rev DBI, this rhea. repaid with a and orders of the VSPS, heudnq kmaDQwwn"1th0 the deposit of funds For CMRS era Domestic 1 t al arrangement may be tood make no noes to such n)b published h the id net f Mss Manual of be S modllad, or reaoksd by OPPkcable isw, The LISPS Nees. reptaelions, and o(hiero shat Onvai In The event of any andh ordirs any • M1d such edt ona bans and p successor. Ydetermined ekes In accordance b aB Through me .ockbos Bank. w!1K h wit haw Uri Wile10 ( aelti^0 poaa Q0 through eS meter eIw s any at with rle Toarty As Deposit 8 By engtingapIn np in Transactio ? CMR Dhh andb^candn condti aP papW To a. By INTELLILINf(A SVBSCRIP T b ?i ?4 Y oerour sa?rverias r0ons CMRS are aubjaci to Deis USDS Advbwled Transaction Deposit ONAAETER RENTAL Pursuant to Urdlad Slabs Podd Service ('LISPS') regulations. PSI must own the i ante of you comply with (7) Deese provisions and dl s Via pos. ay re '*curtly device. and The user inlMace or keyboard and display and the prim anginal applicable ?PSnd you mss. r t Andhulse i M+f r ON P-0039 Of proeea.kq YYo went Veneer Of Motor wl you h" vaads LISPS bl meter tee sdunno e zr the mesa Tana. You these dyed Ufa subs ease Cl mill wig be upon f 30 days Poore I-ifien nNo assts. Afar, ronn' erlWwn or rental bas not Ioeth in your Le»e, After be aeQal Turn. acorental daa be Cal "Wilms we your Leese ('Mahal Term'} and may not either upon l0 days pftr -inlet legs wit no be hCfaeon, you must rvWm ON hfsW'k" Conbol Canter or Meter to p? same Cd W rental D!rH'id IT for herein 3 13 Ubce wni be vibe i such i sed during The Ind al Term. After Th. Initial Tame, PEN ms in hs lame bpr ndf as 30 do"' o msY written nncdlnd by ereither party F ncreato is being offset by a corresponding Y can you the sub You feaewm IT. rebte anaf and low era of the dale Your the inrreeae becomes affecbve. Your IMNtiUr$m CorebdCsnierend/i-ay rpralr m Moiwmhay nRin yourbass Periodic n4 ymro rots IrdMMnmNyatan s Set n Arlin rldbrnnbl ten upon ma prior a ad a ?M notice of OSeaas , Oeca . Drovided no dmdvat rap Updates as a .spans deaNs. P81 reserves daright to vpdstes Set Ydu m4' temlhde sat use and ran fill as of the 7ampenng wade or taiausinQ IM 3neias.inlu®Cpntrd Csnlor or Meter is • vial?ilrjon or disable fill of federal elYUnkO Caani Caner or you can ooh Under our Soft-Guwdp program or you wit rocstve Temp ring m. Co misusi g t law. You Mater endor terminate this use and rental at O time and i any meson. Ifins access applies end postage ra Your n must ass eliterAogd tie m j on rnhQ devipa sudyA etin iM91 ifnitd) lec:Rofopy to prawde us with Information abed u p stage. Front amo 10 ?' wa may S?c fray doad nobles lamas from zed by PIN BI and d nryy Supplies s red b ebow other pro and services tlat m your oalaps U900 amoweu an. seems. Surge h your tnsltneq system plafrman powered 0 P81'3 Or Pri bout oche ipro d ducts id sarncaa sat m? m? use you. and t°me of no access andfor In10miedon m he n9ce n •nabW er to p/adde you wlth dha peal SQui mr data about ou;r - You In tics manner win rat be shared aY be neusavF From r to a"Pponi and rNonnga Any dat aa.mkA Can WI Camber or Miller yodarhroMrldp ea p os Pleass tooted us a you have questions st ? ghoul ? ??es: From tine to anfe, vUCt ie mh?ss 07 by USpri mIo mo Ass. he on in ordef to obtain only C*V may Perin Moo data y pdbn erdfor elect hour sob d Silly n ro anaro plynpalo ate;nrudTermbusLhaefer rol dl bas maybe d coned re Increased u p0e?e• You moat Contact DBrs POSTAGE BY D CflanInp paCSpa . You wa1 rtaYty p81 poor b mownp The V1 sow1I TA` ho SDS, subject 10 as repayment by you upon 10 days par, widen nets, S you pw5dpte in airy pal. DBOF dler?g? pig. Pb (ac, IT enya hat lab itbea a oa unusadvartca, your ase ed half - U a Any. win be mode by PS in accordance the ems and conditions ?9applicable dowmbad o<Pfogro m and blood sePw" bon b?tled Le P a teefun d CGotdance wipe then curets SOFT-GUAROPDS SUBSCRipitONYRgT'E UPDATES. s the Caere inckndss a Sob poslspa alter chips of Ueae b+tnf 7Mi W tleetnetl aymanL Remotes Mclafaron or Ufa applbubia E -Guards sub yaw aceeptanra suaacdpuon aces nit gapmsm. OBI w1U Provide sate Rats Updap Sciplkm. P& wif provide up to a Rea Update during each IZ month cow! Ivry change h tabs dw ro Cullom nb tat PNbr K ngh9red dw b a WNeI pF pirbf dwoo n rate, service. Defied Your Soft-Guano o adare of a a S W4GuerdJfl sUbt:rulpUm or s you have repiwd are anpea, new dusty a(csr7lr ieMp or s Ida 2rP Cads or IoM canoe. Your Rata Updaln, ei app(icaba, eta Ilea Ihen maearrnrrle mrrtaer N Relo UDdNSS Under Man" in ZIP Coda or zone due b Equipment INVatbn, If your omr does not D Brs Cualo:nor Cara Center Than Cutrenl list Price. 1( You tlo net sled a pwchese a SoR-Gwro 7tbaGip6pt U ?n?tt• You wit autome Will bit no rherpe fa Rea UDdales hooted welds 90 da won he ekea9on of the Luse. tk * receive Rate Updebs or additional Ya erter oils appaoble Ewipan m is ant naafed. you may Purchase one at a Mrdale aenuplt DURCEASE pGYaER CREDIT LINE. t. Pultffesa Cower B below end a+emener ordenrg meter naNS, affie0 Credit Line Works. (s}You msY parpcpale In the Durdeasp D n epWiuble ftlee -Drapnm'). K nrPPtist, a pfhar aeNlpa, Indud'vp u:arrir Hltcg (a satv4ee y sgeq? program. by providirq iha requisite kmomabon cony The 0 an mµoyee a ai'am N years wrm s"bsedbe to Dee EesyParmdpv Uals Shipping 0hM"CSp contemplated . V Sidon q)reai. emoted, W apparaN aulb ataoe0 secures, P. may U%q the PUTIVIese POW coda Una tea pay forpem k postage and stage nd Peaeutesate UDS ksa. P SPS Neg. m, When an o year M act r Power seal one r pay for fod o dry b do so (an •Auetpcff:ed User, paps such an ordr pphone en you wr YOU services ur quested rcha end the roped bas. Y a Postage and Associated LISPS fees. your Purchase D Acoo tits ProWam tin odfoby bloptem tK o you a writ receive a brAkep alalamere !a each bier applicable. (b) The Purchase Power credit line b a Product N M owes ad Is n t (pa'll 10 k ]erne be M• shpurposes. at You rut cycle in which you have an Bank and b not cwt Ned for the amount of pastapa, produua, and dale shown on your bining sit I ment. You may on doe McounL You able ro dier ff Ulf puarame Ion revive Provided d, hlemk erein. or ina 1. am due by the due household Daniel Payment you will be rnpona;bb for tits vnpaiOebalanmirs balance ce of am due or a portion N Pry baencs , raWmust Wad qy?j ACCaua bapnp.uiM hrein. P tome is an unp¦M balance oulatr. on the Account Asaa)unf under the lentils harsh, 2. Deferred p you aY N aAsl pie mkymum payment sham on she ilalgrdaeM n The event of e hwe,4 d the Armunf from urns to tlnq o th each day from IBS dale Old in kaN by the dire dale shown on aYolem Teems. !by uaf np Pry q;rµsae Dover Parunropa Rau appfr..abb to the banaatiipn is Poalad to Use Your batffp riMnanl Pry Benin w71 P'Au P kllam. yafagr ee !h who hr sum of s the Accca.Yf rem Time to time, Thy AMyd pan: Aaaourll unit The deb the unpaid balance p bi p You . endYouwin le n erotl to he Anima { j h:s ppi'Prime Rea' Pr Dun, from Ties •M eil"a Rote applicable to the Account IN barcut :ON in Ask N •-k0 Th- nit equal a %Mrknl and The Prune Rate is hsrvin cased The xyatinp Rate'). Tt y Roles- 30dion 0( The Wy Streal'J""al on Me lost bu y of Ole O kmloes: ON Bw win Wf hsith Pe4 The Pr Rase based m n c sad T calculation Annual Percentage Rep will bit ad' alga day of a any flu and (b} ria margin aN Ammer ore 22% and (a l the Psr en l Rae veil be t d TSv. uam D des-bad in this section will become ell 1" on of yaw oA bass be ce on sly ?Npc in ten be a . to cycle. home She tto um. of The maryrn ( 0 The rum Reis in effort at of ,le stove a the slat day N sow rrbe .05611 3% a Iha Accotrnr belanp Utah R wbjed la a anence cf rwuY 9 b• 2008• ails cats Peliode "I'll vrotad bs .Q586 % rime Rate 6 dNarmna Pry The merges which corresponding Annual will tea AWd a Rate. P y cnsrg h tie M%)N mtenaL beta. end other the ergo 06M day will §tCkWo d dits by the a On T Nils m the Account . The Sank will c arge a Ir mwrT finance c arge. mows arh Daymentf and brf" ncsiveo Pry Deboysie rate s would b ? Each 1. The Payment Tint You make we be appaad to reduce the oulefandmg balance of the Account and roe of S you available any bcr*dA .deaf by ? m M ACCatmt r that day. requested rlerQe ria your axtsenp balance exceeds reparebh Yeur? finance carpe As rik:Waled ebow s ass son St.00. E?adtp you nested. e a same may dbe In effect s f b?la horn Time to iyou cr*df she. ]. Account Charges. UrYess pmMbnpd abis law- ane YOU The Bank may Mich 0 10 aalend hliger (o) year a. a. the your tact tine, and (d} fees attributable to Ti Time. t ow ?thout limitation, pa fees end charges retie l transaction s sit aY putt toot and urfryn whry Ina Bank has given urn have subembed b the E credit MSS. and any choke That You give b the Bade As N th bat. i ithout IlWIs The P (b) a gene ey has to P weans svial ub Lob 4 h tip hnance i ekyl $ t service you 4"0 m PAT a transaction be in respect of arms DosaO *4II& be Account ani ed through amid a b^'eh manner, amavm o: such mo:jm for wee billing OW, d sow sUbsclption Is Level 1.55.000. if s Level Z d:V10ty tees financed 3., nfl of the altbalrg, s you OVIOU Account. 1 such BAC f cycle. 4. Account Cancellation and Suspension. Th. Bank m y a Ants 0 Ldose and SW The s Your and pbpThe s I d?? r any h erne To vie e m the Accoue No and or ova a 9 Ixnsron was email your obligation to pay any amounts a time doss or suspend The ACCO"n( and may nkniB b anew doctors 1he tea Phan tea ire A nl or the Psyabp. lithe Bank is required to Take collection Yov owe. Enforcement Enforcement tl you tai b absent The hmhr d a pea b ailOmey? lees. e. Amendments: Tenn. notion. The Bank p ampndaW y a any other teQ•I earns relalW to the ACCp Dronsroaa hanof, The pryr ma ere sgM,ying your ecOtPr7.np a! Yle lama and y the Drr>`+airatt and arms reeled Ip Its P Ye" win be roaporesibts for all court and IDMCIID row and reaaomb Account. tie Bank may emanate The p prpwsions a6 Nen in effsut. ME-h Are" "sy o"Th l?eta any time. Th, rdt rit mpbe enb. PaNat paymsr+k ar deaonce h e I_ ape SlN end a Y n mefkad'aYmen h hut' wkhord rpm I•rrrekgbon of ma Dtopnm 7 Leuue Fume T_mu i?d ^ard,t?s;s t 53 )4v !, pPapble feasts few a USA PATRIOT ACT 7?Mn ?eenY dyeq, The PIOQrsm and sdveneaa Nersvndsr Art a.tmj b bOWTm•Ma .f prd Ise Nndea d lempnsm and money taundenn eclrvsi+al, Fadenl Sew roWlres dentist helilrtions to obtain; "mite, arM ro=d Ifdprimabpn Bta1 idanbireE each provide identifying rmtormel;on, ircludinp your addroaa and . repralen:e4"who Is OPecfr:g tl? e Account ta'P°yef SlaritGaa'on number. The Batik nay also soil for add Person who opens an account Accan&npiy, ms Bank as provide 14slr ler name. +ddrosa, dale of birth, nbi"fs tkansa aM/or such ether 4anal doewnente and e'nferM 2do sup oP Pdete, Inedudng asking the, year VALUE BASEO SERVIC'e:i. 1. Fees. if db Bank b klenbfy A}n;tKrbd+at you :hate asMces will be t CE,de in our Out kao mdudaa Value Bead SerNcas, these asryices wit, be mode available to u W , y AMY Lassa Payment. Yaw Fees will not be Increased dunnp the k44e, Term. you lhrouph Yom Sm°eiLhkO Saba yo n'9 (30) days' prior wmtan notice- Y Aan you rope;" the WOO of an Imes r+pbon, and the faa ('Fees ? nor [inane :o your Value Based 5eMCes. the Fees wilt be adjusted. 2 L'nrilad Wsrrarsy Kymay wa a mesa se 's'hK M and of the hfie, Tana, we may Mceesatr Faa, OW wa a p give adcnnwbdeeffie rvices a of tiro dab our incase becomes effective If at any Shia you to 314 peruse or abuse, sclera*=Afas, sn Ihtheirspecrcatbns trader name, use. am' MK bra period of natety(gp) days from the dale or doamry. the . the use of usep:isa col mac' P B: a Per, Power pueaunder operator snThis casualty Is ? it the fekn to Pedmm la due Is tlegligerip or aroidenl, virus " dunk Bored lose ofs will oaths fcu.q in ea E ( Power 4anw, We to oil (? as &S• dbod, orodler nature, causes). sabotage. npab w smear rash nor boa of dam, quiPrnent Guide. EXCEPT AS HEREIN yrotPonuLfe for maintenance of ma Patfanwm of rte EgiApmem. E Pled rspeir by anyone oaenemten tltyan PBI EiTH_R EXPRESS daPtGui*. EXCEPT AS HERE SPECIFICALLY E0T0 T4E IMPLIED WARRANTIES SERVICES ARE PROVIDED wmwx* yt be go"mb ANTY" not allow the RESSmerof PLIE dNCLU IN 13UTNO,maa MERCHANTABILITY AND FITNESS H=APAPfYFURTHER POSF-e ANYK1N0, far REASON is YOUR USE OF THE SERVICES, INre. the b Im ? may mot appy to you. E LIED LIAStyTY. WE WILL NOT BE ? ALIABLE FOR NY PURPOSE Sao abta do POSSIBIUTY OF SUCHOOF YO . e. E Termination. We OF T E ER ICES har" Bra N Ida yNONSEOUENR CIAL OR PUNITIVE DNMGES EVEN IF WE EEY DAMAGES YOU AMY INCUR been noticed in A(wri&V 3ES of such broach. 5. USPS Pro N h right to j [loft anus earviCes yymbte &? s We HAVE BEEN Cry PC) D a THE eryyou have the app4ceAb teens for u 's rou a ftWni sr and fail 10 cure such b? w de purchase bl la payable can be found In the USPS DctnaaBc MEN Manuel as k maybe amended from We, Yto tilm aby tin ProvrdAny t the hamo an vAithin USPS for ?' ? pays l so ou you not rea m w;l b for the le by ye, you In the same way Net you pay for poslega, The USPS is solely roe by the USPS. Any fora rte d by ?p? of thus 1ca and 11 not ru nu9! a service any malfunctions of any part of the communication 4rdc Le., lts one Iale for connecting the and PUnke o of pCarder with he h t ata any weda MIS you you have selected. we wlo dlaconfhue such service automatically, phone ates connecting e?ng se, misNLink® Control Carder PS deeyaam). p5 °ro E,4-- IRE AGREEMENT. This Equipment Guide cbna4Alle3 the en4re agreement between the parties ea to the su anal wnnen, not inUr:ded heroin are not binding on the panias- biecls addrersed in e+b Equpmsnt Guide, and repreaen(eliena or llalemenU: oral ..cafe Fcme ;emu rc .?.andrv_n;;555GV'Rer a;TIR7 Exhibit "K." Finley Engineering the flow of Your leasing invoice March 3, 2008 Account number Invoice number 7786057 7786057-FB08 Details of leAnQlcharaes Charges for sche krs 1 ,i Equipment description: 'a f` Equipment Location: 167 Watnut Bottom Rd, Shippensburg PA Mailing system v Model number: Serial number: Leasing charges l $0.00 G800 0008313 Previous balance forward after payments ._ $2-MO- - Meter number Serial number: r Total for schedule 001 /$29.00 Y 1P00 2369892 _ ,a/?i ? Charges for schedu?,e 002 Equipment description: ley,, Charges for the period: Mar 20, 2008 to Jun 20, 2008 Mailing system Equipment Location: 167 Walnut Bottom Rd, Shippensburg PA Model number: Leasing charges $6,546.00 VPP7 Sales tax $392.76 MINN Model number: Serial number: Previous balance forward after payments 1$6$9. 72 VESM 2991633 . Total for schedule 002 x$7,628.53 7 ? Additional equipment on file. .53 $7,65 Total charges • l ? tl Imaortant information about your invoice ' To order supplies from Pitney Bowes, call: 1-800-243-7824 This transaction is governed by the terms and conditions of the applicable Pitney Bowes Lease agreement, current as of the If you have questions about a hill you _ date of this invoice unless otherwise agreed in writing by the parties. °i received from Pitney Bowes, call; Your leasing invoice For questions, call: This invoice represents the amount you currently owe Pitney Bowes Global Financial Services LLC for the equipment and Equipment purchase 1-800-322-8000 services covered under your lease agreement. Rental 1-600-228-1071 Leasing 1-800-732-7222 VatueMAxm program fees are the fees you pay for your participation in our VatueMAX(D program, more fully described in ValueMAX0 program 1-800-732-7222 your lease contract, which repairs or replaces the leased equipment in the event of loss, damage or theft, Service 1-690-522-0020 Postage By Phone 9 account 1-800-243-7800 Overnight checks should be mailed to: Questions? ? Purchase Power 0 account 1-800-243-7800 Pitney Bowes Global Financial Services LLC Mail your questions to: First Express Remittance Processing % Pitney Bowes Global Financial Services LLC 5101 Interchange Way 2225 American Drive Louisville, KY 40229-2161 Neenah, WI 549S6-1005 Returns Check your agreement with us for our return policy on equipment, postage meters and software that you have purchased, licensed, leased or rented from Pitney Bowes. ? .. & Page 2 of 2 1 F You can pay your bill: • Online at www.pb.com. Click on My Account and use your personal enrollment code: 0780-2 • By check, over the phone, at 1-800-732-7222 -By check, made payable to Pitney Bowes Global Financial Services LLC and sent with this payment coupon to: Pitney Bowes Global Financial Services LLC PO Box 856460 Louisville KY 40285-6460 ?:1r Change of contact information? Please give us the new information below. Company name Account number 7786057 Address (number and street( Suite No. City Stale Zip code Business telephone Extension f I Business fax ( ) E-mail address Contact name (first last) Exhibit "L." t14 I J 4 1- Pitney Bowes Or- Engineering the flow of communication 1 i 1 1 r Account name Destiny Image Inc Account number 7786057 Invoice number 7786057-MY08 Payment Options Manage Your Account On-line l Log on to: www.pb.com and register for My Account, Click on My Bills and enroll today Your enrollment code is: 0780-2 Your leasing invoice June 3, 2008 ? rGG '1?GG' Summary of your invoice 3 Leasing charges $6,546.00 ValueMAX® program fees $54.00 Sales tax $396.00 Total due June 26, 2008 $6,996,00 6 ?Cf Please see reverse side for details of your invoice charges. Pitney Bowes Global Financial Services LLC is now servicing your tease. The terms of your lease will not change. Please make payments to Pitney Bowes Global Financia! Services LLC. Pitney Bowes Global Financial Services LL.C Federal Employer 1.0, is 20-1344287. If you require a W-9 Form please go online to: http://www.pb.com/w9 and click on "Pitney Bowes Global Financial Services LLC." Your Last payment of $7,628.53 was credited to your account on Mar 10, 2008. Any payments received after May 26, 2008 may not be reflected on this invoice, If you have any questions regarding your account, please call the telephone number Pay by Phone 1-800-732-7222 listed on this invoice. Questions? Cat! 8 a.m to 8 p,m. EST: thank you for choosing Pitney Bowes. 1-600-732-7222 Page 1 of 2 What do you need to know about the May 12, 2008 Rate Change? How it affects you and tons of other information can be found at pb.com/ratechange. TAXiD 20.1344287 rear siftt hwe 016820 X 6 Pitney owes Engineering the flow of communication Your leasing invoice June 3, 2008 Account number Invoice number 7786057 7786057-MY08 Details of leasing charges Charges for schedule 002 Equipment description: Mailing system Model number. VPP7 Model number: Serial number: VESM 2991633 Additional equipment on file. Charges forthe period: Jun 20, 2008 to Sept 20, 2008 Equipment Location: 167 Walnut Bottom Rd, Shippenshurg PA Leasing charges $6,546.00 ValueMax® program fee $54.00 Sales tax $396.00 Total for schedule 002 $6,996.00 Total charges $6,996.00 Important information about your invoice To order supplies from Pitney Bowes, call: 1-800-243-7824 This transaction is governed by the terms and conditions of the applicable Pitney Bowes Lease agreement, current as of the date of this invoice unless otherwise agreed in writinabvthe narties. If you have questions about a bill you received from Pitney Bowes, call: For questions, call: Equipment purchase 1-800.322.8000 Rental 1-800-228-1071 Leasing 1-800-732-7222 ValueMAX9 program 1.800.732-7222 Service 1.800.522.0020 Postage By Phone 47 account 1.800-243-7800 Purchase Power 0 account 1.800.243.7800 Your leasing invoice This invoice represents the amount you currently owe Pitney Bowes Global Financial Services LLC for the equipment and services covered under your lease agreement. ValueMAXe program fees are thefees you pay for your participation in our VatueMAX0 program, more fully described in your tease contract, which repairs or replaces the leased equipment In the event of loss, damage or theft. Overnight chocks should be mailed to: Questions? Pitney Bowes Global Financial Services LLC Mail your questions to: First Express Remittance Processing Pitney Bowes Global Financial Services LLC 5101 Interchange Way 2225 American Drive Louisville, KY40229-2161 Neenah, WI 54956-1 OD S Returns Check your agreement with us for our return policy on equipment, postage motors and software that you have purchased, licensed, leased or rented from Pitney Bowes. fy 0 S p 0 0 0 0 0 rv 0 N G Page 2 of 2 Exhibit "M." DWestin Y ImageCrAft® PUBLISHERS, MEDIA ENGINEERING Pitney Bowes Global Financial Services LLC 2225 American Drive Neenah, WI 54956-1005 April 14, 2010 To Whom It May Concern: 167 Walnut Bottom Road P.O. BOX 310 Shippensburg, PA 17257-0310 717-532-3040 FAX 717-532-9291 Website: www.destinyimage.com This letter shall serve as notice in writing of the termination of lease number 7786057, effective July 1, 2010. Thank you, Jonathan Nori COO, Destiny Image "SPEAKING TO THE PURPOSES OF GOD FOR THIS GENERATION AND FOR THE GENERATIONS TO COME." Exhibit "N." DDestin Y Image, PUBLISHERS, MEDIA ENGINEERING Pitney Bowes Global Financial Services LLC 2225 American Drive Neenah, WI 54956-1005 April 14, 2010 To Whom It May Concern: 167 Walnut Bottom Road P.O. BOX 310 Shippensburg, PA 17257-0310 717-532-3040 FAX 717-532-9291 Website: www.destinyimage.com This letter shall serve as notice in writing of the termination of lease number 7786057, effective July 1, 2010. Thank you, Jonathan Nori COO, Destiny Image Update June 16, 2010 To Whom It May Concern: Acknowledgment concerning the above lease termination has not been received. Please respond with appropriate information concerning the return of all leased hardware. Thank you, Jonathan Nori COO, Destiny Image "SPEAKING TO THE PURPOSES OF GOD FOR THIS GENERATION AND FOR THE GENERATIONS TO COME." Exhibit "O." Destiny Image Mail - LESSEE 7786057 SCHEDULE 002 LESSEE... https://mail.google.com/a/destinyimage.com/?ui=2&ik=6ecdfccc3l&... Jonathan Nori <jin@destinyimage.com> LESSEE 7786057 SCHEDULE 002 LESSEE NAME - DESTINY IMAGE INC Jonathan Nori <jin@destinyimage.com> Tue, Aug 3, 2010 at 3:48 PM To: Coryann Nehring <coryann.nehring@pb.com> Good afternoon Coryann, I apologize for the delay in response. I have been out oft he office for the last two weeks. Destiny Image's decision to terminate the lease comes from a long series of failures on the part of Pitney Bowes to execute their side of the service-level agreement. These issues are well-document within Pitney Bowes. Destiny Image will not be sending any further payment to Pitney Bowes, and will return the equipment as soon as return information is provided, as has been previously requested. Thank you, Jonathan Jonathan Nori Vice President, Chief Operations Officer Destiny Image Publishers 717-532-3040 Keep up with me at http://ionnori.com [Quoted text hidden] I _F1 3/14/2011 3:41 PM Exhibit "P." Destim Y DImage, PUBLISHERS, MEDIA ENGINEERING Steve Siebel Pitney Bowes Global Financial Services, LLC. 2225American Drive Neenah, WI 54956-1005 Re: Account 7786057-002 Mr. Siebel, 167 Walnut Bottom Road P.O. BOX 310 Shippensburg, PA 17257-0310 (717) 532-3040 FAX (717) 532-9291 Internet: www.destinyitna eg com I am writing to inform you that Destiny image will not pay the amount alleged due on the above referenced account. Widespread material defects in the pre,*-kt, Pitney Bowes' failure to fulfill contractual obligations and the company's *91 inability or unwillingness to remedy the numerous defects a timely fashion are the bases for non-payment of the account. Your products performance, or the SendSuite and its related software installation of the MAS-200 integra unable to utilize any of the necessary features. resolved. During this time Destiny Image w company. Also, Pitney Bowes failed to provide service eventually functional in the summer of 2008 Bowes failed to implement the LTL rating fo? this product. Even though we had already solutions. Your technical support services have been equal' the constant updates that Pitney Bowes issued td unresponsive and unaccommodating. On one occasi charge Destiny Image for an on-site technical support c Image a great deal of time and money. specifications. For example, the initial cessful and our shipping department was the problems with the software could be gipping solutions at great expense to the my Image. Even when SendSuite was ll not operational. The fact that Pitney ve of the poor service we received with Image was again forced to find other the time and expense it took for us to process active product, your support staff was often representative had the audacity to attempt to em caused by your company. Finally, your letter dated September 03, 2010 is confusing. - the strongly worded document you purport to terminate the lease and insist on the return of the equipment currently held by Destiny Image. Though Pitney Bowes has neglected to acknowledge it, we have attempted to address these demands on several occasions. By regular mail on April 14, 2010 and again by certified mail on April 26, 2010 Destiny Image sent notification of termination of the lease. Also, on three separate occasions we requested return instructions for the equipment currently held at Destiny Image. These incidents in isolation would likely be grounds for cancelation of the contract. However, their compound effect on Destiny Image coupled with Pitney Bowes' lack of responsiveness in this matter leaves no alternative. To date, we have spent over $70,000 on this package. We do not intend to multiply our losses by paying more on a product that did not perform. FOUNDATIONALLY SPIRIT-FILLED - BIBLICALLY SOUND - SPIRITUALLY INSPIRATIONAL `` i a.E Exhibit "Q." !9r Destiny Image Mail - Return of your mailing equipment https://mail.google.com/a/destinyiniage.com/?W=2&ik=38ecaa8c 11 &... Birch Blair <bmb@destinyimage.com> Return of your mailing equipment 5 messages Billing Resolution@pb.com <Billing Resolution@ pb. corn> To: bmb@destinyimage.com Wed, Dec 22, 2010 at 1:50 PM Account #: 19458023868 Confirmation #: 3-3108873770 Equipment/ Serial: (VS99, 2991633),(1E03, 0017724),(1E03, 0017703),(1E03, 0017702),(1E03, 0017693),(1E03, 0017690),(JB64, 0003036),(JB64, 0003035), (JB64, 0003037),(JB64, 0003034),(TSMB, 2991633) Contact Person: BIRCH BLAIR Phone number: (717) 532-3040 Location of material shipment: 167 WALNUT BOTTOM RD SHIPPENSBURG, PA, 172579601 Dear Customer, We have processed your request for cancellation and return of your mailing equipment. To make it easier, we've created a Cancellation Coordination Team which specializes in supporting your needs throughout this process. You can reach them at cancelsupport(cDj)b.com Our Cancellation Coordination Team is available to support s your email inquiries from 7:00am-4:00pm central. You can expect to hear back from one of our specialists within 3 business hours, if your inquiry is received during normal business hours. If your inquiry is received outside of normal business hours, please be assured that you will receive top priority the next business day. To avoid delays later in the process, please take action on each of the following items: 1. Check the accuracy of your account information above. If anything is incorrect, email us immediately at cancelsppport@pb.co m and we will correct the data. If you are not the contact person that will process the return, please forward this to the appropriate contact. 2. Select one of the following options for handling any remaining postage on your meter. a. Use up the remaining postage before returning the meter. This is the fastest and most preferred method. When there are no longer any funds on the meter, you must deactivate the meter by following the funds transfer instructions. For Instructions click here. b. Obtain a refund directly from your local Post Office by printing the remaining amount on an envelope or tape sheet and 1 of 5 1/14/2011 10:54 AM Destiny Image Mail - Return of your mailing equipment https://mail.google.com/a/destinyiTmge.conV?ti=2&ik--38ecaa8c I I&... presenting it at the postal counter. You will need to complete USPS Form 3533 which can be obtained at your local Post Office. Some USPS restrictions will apply. For instance, the USPS will charge a percentage of the value of the funds for administering the refund. If you have any questions regarding this, please contact the USPS. Then you must deactivate the meter by following the funds transfer instructions. For instructions click here. C. Request a refund from Pitney Bowes Inc. To do so, first you must transfer the remaining postage to your account. For instructions click here. Transferring your funds out of the meter will also automatically deactivate it, which is required. After this step is completed, you will need to request a refund if the postage purchased was prepaid from your Reserve Account. If you prepaid for your postage through USPS, be advised that the USPS will not issue individual customer refund checks for amounts under $25.00. Please note if you borrowed funds, your remaining postage wil l automatically be applied to your Credit Card or Purchase Power balance as appropriate. The following link explains how to obtain an eligible refund for unused funds. www.pb.com/postagereftmd. Iffor any reason you are unable to perform one of the above options, Pitney Bowes Inc. will transfer funds back to your account for you. However, this will take several additional weeks to process. 3. We will ship a box and return shipping label to the contact name & address above, and provide you with an email confirmation at the time of shipment. E-mail us at cancelsupport b.com if you have not received the confirmation within five days of this communication. Once your packing materials arrive, ship the equipment back to us within 10 days. Be sure the meter is deactivated and free of funds. 4. Make a note of the tracking number from the return shipping label for your records. You'll find it on the box label we provide you as part of the packing materials. 5. Per your contract you may be subject to an applicable packaging fee. 6. Please keep a copy of this letter for your records. Thank you for being a Pitney Bowes customer. We appreciate your business. If your mailing equipment needs change, please do not hesitate to contact us. Sincerely, Pitney Bowes Customer Support '?J L6 ¦ mm"nirrm Engineering the flow of communication., 2 of 5 1/14/2011 10:54 AM Exhibit "R." Destiny Image Mail - Return of your mailing equipment https://mail.google.com/a/destinyijmge.com/?W=2&ik--38ecaa8c I I&... Birch Blair <bmb@destinyimage.com> Return of your mailing equipment 5 messages BillingResolution@pb.com <BillingResolution@pb.com> Wed, Dec 22, 2010 at 1:50 PM To: bmb@destinyimage.com , Account #: 19458023868 Confirmation #: 3-3108873770 Equipment/ Serial: (VS99, 2991633),(1E03, 0017724),(1E03, 0017703),(1E03, 0017702),(IE03, 0017693),(1E03, 0017690),(JB64, 0003036),(JB64, 0003035), (JB64, 0003037),(JB64, 0003034),(TSMB, 2991633) Contact Person: BIRCH BLAIR Phone number: (717) 532-3040 Location of material shipment: 167 WALNUT BOTTOM RD SHIPPENSBURG, PA, 172579601 Dear Customer, We have processed your request for cancellation and return of your mailing equipment. To make it easier, we've created a Cancellation Coordination Team which specializes in supporting your needs throughout this process. You can reach them at cancel sppport(@pb.co m Our Cancellation Coordination Team is available to support your email inquiries from 7:00am-4:00pm central. You can expect to hear back from one of our specialists within 3 business hours, if your inquiry is received during normal business hours. If your inquiry is received outside of normal business hours, please be assured that you will receive top priority the next business day. To avoid delays later in the process, please take action on each of the following items: 1. Check the accuracy of your account information above. If anything is incorrect, email us immediately at cancelsWport@pb.com and we will correct the data. If you are not the contact person that will process the return, please forward this to the appropriate contact. 2. Select one of the following options for handling any remaining postage on your meter. a. Use up the remaining postage before returning the meter. This is the fastest and most preferred method. When there are no longer any funds on the meter, you must deactivate the meter by following the funds transfer instructions. For Instructions click here. b. Obtain a refund directly from your local Post Office by printing the remaining amount on an envelope or tape sheet and 1 of 5 1/14/2011 10:54 AM Destiny Image Mail - Return of your mailing equipment https://mail.google.com/a/destinyiinage.com/?ui=2&ik=38ecaa8c 11 &... presenting it at the postal counter. You will need to complete USPS Form 3533 which can be obtained at your local Post Office. Some USPS restrictions will apply. For instance, the USPS will charge a percentage of the value of the funds for administering the refund. If you have any questions regarding this, please contact the USPS Then you must deactivate the meter by following the funds transfer instructions. For instructions click here. C. Request a refund from Pitney Bowes Inc. To do so, first you must transfer the remaining postage to your account. For instructions click here. Transferring your fiords out of the meter will also automatically deactivate it, which is required. After this step is completed, you will need to request a refund if the postage purchased was prepaid from your Reserve Account. If you prepaid for your postage through USPS, be advised that the USPS will not issue individual customer refund checks for amounts under $25.00. Please note if you borrowed funds, your remaining postage will automatically be applied to your Credit Card or Purchase Power balance as appropriate. The following link explains how to obtain an eligible refimd for unused funds. www.pb.com/postagerefimd. If for any reason you are unable to perform one of the above options, Pitney Bowes Inc. will transfer funds back to your account for you. However, this will take several additional weeks to process. 3. We will ship a box and return shipping label to the contact name & address above, and provide you with an email confirmation at the time of shipment. E-mail us at cancelsupportApb.com if you have not received the confirmation within five days of this communication. Once your packing materials arrive, scrip the equipment back to us within 10 days. Be sure the meter is deactivated and free of funds. 4. Make a note of the tracking number from the return shipping label for your records. You'll find it on the box label we provide you as part of the packing materials. 5. Per your contract you may be subject to an applicable packaging fee. 6. Please keep a copy of this letter for your records. Thank you for being a Pitney Bowes customer. We appreciate your business. If your mailing equipment needs change, please do not hesitate to contact us. Sincerely, Pitney Bowes Customer Support Pitney Bowes Engineering the Row of communication.'M 2 of 5 1/14/2011 10:54 AM Exhibit "S." Box Number Part Number Serial Number 1 JB96002 1 JB96002 1 JB96002 1 JB96002 1 JB96002 2 J693 009775 3 JB64 003037 4 JB64 002366 10 JB64 003034 11 JB64 003035 7 J645 0017724 7 J645 0017690 9 J693 009774 8 J693 009768 6 J782 06387 6 J782 06371 6 J782 06293 5 MISC MISC CROSS CHECK OF SERIAL NUMBERS PROVIDED E Model Serial Number VS99 2991633 ACCTD FOR 1E03 0017724 ACCTD FOR 1E03 0017690 1E03 0017703 1E03 017702 1E03 017693 ACCTD FOR JB64 003037 JB64 003036 ACCTD FOR JB64 003035 ACCTD FOR JB64 003034 TSMB 2991633 PITNEY-BOWES EQUIPMENT RETURN INVENTORY Description SCALE DISPLAY UNIT KIT (SCALE, FOOTPLATE, MOUNTING BRACKET, CABLE, SOFTWARE, INSTRUCTIONS) SCALE DISPLAY UNIT KIT (SCALE, FOOTPLATE, MOUNTING BRACKET, CABLE, SOFTWARE, INSTRUCTIONS) SCALE DISPLAY UNIT KIT (SCALE, FOOTPLATE, MOUNTING BRACKET, CABLE, SOFTWARE, INSTRUCTIONS) SCALE DISPLAY UNIT KIT (SCALE, FOOTPLATE, MOUNTING BRACKET, CABLE, SOFTWARE, INSTRUCTIONS) SCALE DISPLAY UNIT KIT (SCALE, FOOTPLATE, MOUNTING BRACKET, CABLE, INSTRUCTIONS) LARGE LABEL PRINTER, COMPLETE IN BOX WITH ACCESSORIES SHIPPING SCALE BASE SHIPPING SCALE BASE SHIPPING SCALE BASE SHIPPING SCALE BASE SMALL LABEL PRINTER SMALL LABEL PRINTER LARGE LABEL PRINTER LARGE LABEL PRINTER SCANNER GUN SCANNER GUN/STAND SCANNER GUN/STAND MISC CORDS/POWER ADAPTERS tY PITNEY BOWES Condition NEW NEW NEW USED USED USED NEVER OPENED NEVER OPENED USED USED USED USED USED USED USED USED USED USED By signing this document, you confirm that the Pitney Bowes equipment leased to Destiny Image with the above referenced serial numbers has been satisfactorily picked up from the Destiny Image facility. Signed: Pitney B es Ageyft: ignature Printed Name PITNEY BOWES AUTHORIZED SERVICE PROVIDER DESTINY IMAGE INC District 26 167 WALNUT BOTTOM RD SR # 3-3108917531 CAN # 1945-8023-868 SHIPPENSBURG, PA 17257 Scheduled For + anuary 13, 2011 CONTACT: HAL STILL Phone (717) 532-3040 Notes: ATTN HAL STILL 717 532 3040 Installs: Withdrawals: Model # Serial # Model # Serial # J693 9768 J693 9774 J693 9775 Total Pieces : Installation Comments Pre-call information: Spoke to: Contact Alternate contact: Hours: Lunch Hours: Verified Address: Customer Signature: TO TO Printed Name: ?/,)1 Cc r l? Date: 1 k t i ? f2 Work Performed by Fax completed work order to 856-210-1818 PITNEY BOWES AUTHORIZED SERVICE PROVIDER DESTINY IMAGE INC District 26 167 WALNUT BOTTOM RD SR # 3-3108873207 CAN # 1945-8023-868 SHIPPENSBURG, PA 17257 Scheduled For January 13, 2011 CONTACT: HAL STILL Phone (717) 532-3040 Notes: ATTN HAL STILL 717 532 3040 Installs: Withdrawals: Model # Serial # Model # Serial # JB64 30.36 JB64 3034 JB64 3037 JB64 3035 J782 6381 J782 6293 J782 6371 J782 6387 J782 6372 Total Pieces : Installation Comments Pre-call information: Spoke to: Contact Alternate contact: Hours: Lunch Hours: Verified Address: Customer Signature: Printed Name: Date: 1 ? -t Z k) Cat r 1 Work Performed by : TO TO Fax completed work order to 856-210-1818 Richard W. Keifer III I.D.# 24 Law O Office of Richard W. Keifer III 923 Fayette Street Cons h hocken, PA 19428 (610)90-4000 PITNE BOWES GLOBAL FINANCIAL SERVICES as successor in interest to PITNEY BOWS CREDIT CORPORATION 4901 B LFORT ROAD, SUITE 120 JACKS NVILLE, FL 32256 Plaintiff, vs. DESTI Y IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPP NSBURG, PA 17257-0310 Defendant, THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUN.Ty- , 7n -77 ' Noll-1295 r -e? c3 >n Q c - 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 apearance personally or by an 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 m quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE, SET FORTH BELOW O FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Richard W. Keifer III THIS IS NOT AN ARBITRATION CASE I.D.# 84924 AN ASSESSMENT OF DAMAGES Law Office of Richard W. Keifer III HEARING IS NOT REQUIRED 923 Fayotte Street Consho ocken, PA 19428 (610)940-4000 PITNE BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to PITNEY CUMBERLAND COUNTY- BOWE CREDIT CORPORATION 4901 B LFORT ROAD, SUITE 120 JACKS NVILLE, FL 32256 Plaintiff, No.l 1-1295 vs. DESTINY IMAGE, INC. ; 167 WALNUT BOTTOM ROAD P.O. BO 310 SHIPPE SBURG, PA 17257-0310 Defendant, REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM Plaintiff, Pitney Bowes Global Financial Services as successor in interest to Pitney Bowes Global Financial Credit Corporation (Hereinafter referred to as "Pitney Bowes"), by its attorney, Richard . Keifer III, files this Reply and avers as follows: IF. This paragraph is an incorporation paragraph to which no responsive pleading is required. By way of further answer, paragraphs one through sixteen of Defendant's Answer are denied. 11. Denied. Pitney Bowes, Inc. provided Defendant with a written proposal. Plaintiff simply f$anced the transaction. I?. Denied. The proposal speaks for itself. 24. Denied. The attached email speaks for itself. ? 1. Admitted in part, denied in part. It is admitted only that Defendant executed the agreement with Plaintiff. Pitney Bowes, Inc. was the corporation obligated to deliver the Denied. Pitney Bowes, Inc. delivered the equipment. Denied. Pitney Bowes, Inc. informed the Defendant that the installation would take up jo six days. Denied. Any installation would have been performed by Pitney Bowes, Inc. 5. Denied. The email speaks for itself. Denied. The email speaks for itself. It is denied that Plaintiff ever made such admission. Plaintiff is without information sufficient to form a belief as to the veracity of said averment. By way of further answer, said averment is denied. Further, Plaintiff merely financed the Denied. The email speaks for itself. It is denied that Plaintiff made any assurances to Defendant. Further, any emails speak fot themselves. Denied. The email speaks for itself. Denied. The only amount paid by the Defendant in February of 2008 was $11,496.112. 3? - Admitted in part, denied in part. It is admitted that Defendant entered into an with the Plaintiff on or about March 31, 2008. The remainder of the averment is denied of the basis that the agreement speaks for itself. Admitted. 1 5. Admitted. 16. Denied. It was never the Plaintiff's obligation to install the equipment and t. Plaintiff merely financed the transaction. Denied. Plaintiff was not responsible for any integration of the equipment. y financed the transaction. Denied. Plaintiff was not responsible for any alleged defects in the software. financed the transaction. Denied. Plaintiff did not provide Defendant with any equipment. Plaintiff the transaction. Admitted in part, denied in part. It is admitted that Defendant wrote the letter attached as Exhibit "M." The remainder of the averment is denied. Additionally, paragraph one of the lease provides "... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 411. Admitted in part, denied in part. It is admitted that Defendant wrote the letter attached ?s Exhibit "N." The remainder of the averment is denied. Additionally, paragraph one of the lease provides "... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY MSON ..." Plaintiff is without information sufficient to form a belief as to the veracity of said By way of further answer, said averment is denied. Further, Plaintiff simply financed the 41. Admitted in part, denied in part. It is admitted that Defendant wrote the letter attached ?s Exhibit "O." The remainder of the averment is denied. Additionally, paragraph one of the leaee provides "... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 44. Admitted in part, denied in part. It is admitted that Defendant wrote the letter j as Exhibit "P." The remainder of the averment is denied. Additionally, paragraph one of the leaso provides "... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 5. Denied. The email speaks for itself. Denied. The email speaks for itself. Denied. 8. Denied. Defendant actually paid the Plaintiff $76,049.71. It is denied that Plaintiff made any representations to the Defendant about the Denied. Plaintiff never made any representations to Defendant. 1. Pursuant to the lease it was not the Plaintiff's responsibility to provide any services related to the equipment. Plaintiff simply financed the transaction. Plaintiff is without information sufficient to form a belief as to the veracity of said By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT VYE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT." Plaintiff is without information sufficient to form a belief as to the veracity of said By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT V f E SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDEl TAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND PAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT." ?4. Plaintiff is without information sufficient to form a belief as to the veracity of said avermeit. By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT )VE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING 'AL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND PAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT." AFFIRMATIVE DEFENSES (MISREPRESENTATION) 5. Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, Plaintiff did not make any representations to the Defendant about the equi Denied. Plaintiff provides financing for shipping solutions. Denied. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way ?f further answer, said averment is denied. (Unconscionability) Denied. The agreements speak for themselves. Further this was an arms length transaction. Admitted. Denied. The agreements speak for themselves. Said averment is a legal conclusion to which no responsive pleading is required. By way lof further answer, said averment is denied. (Termination) Denied. The agreement speaks for itself. Denied. The Plaintiff provided the financing for the transaction. Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, said averment is denied. Additionally, paragraph one of the lease "... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, said averment is denied. (Breach of Contract) Said averment is a legal conclusion to which no responsive pleading is required. By way ?f further answer, Plaintiff was not obligated to provide the equipment.. Plaintiff simply the agreement. Said averment is a legal conclusion to which no responsive pleading is required. By way ?f further answer, said averment is denied. (Revocation of Acceptance) Denied. Plaintiff did not provide any equipment, software or services to the Pursuant to its obligation under the lease, Plaintiff simply financed the transaction. Denied. Plaintiff did not provide any services to the Defendant. Plaintiff simply financed the transaction. Denied. Plaintiff was not under any obligation to work on the equipment. Admitted. 74. Said averment is a legal conclusion to which no responsive pleading is required. By way bf further answer, said averment is denied. (Breach of Warranties) 15. Said averment is a legal conclusion to which no responsive pleading is required. By way bf further answer, in paragraph eleven of the agreement, Plaintiff properly disclaimed the implied (warranty of merchantability. Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, in paragraph eleven of the agreement, Plaintiff properly disclaimed the implied (warranty of fitness for a particular purpose. Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, in paragraph eleven of the agreement, Plaintiff properly disclaimed the implied ? varranty of merchantability. Reservation of Other Affirmative Defenses Said averment is a legal conclusion to which no responsive pleading. By way of further *swer unjust enrichment is not a defense. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way ?f further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way bf further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way bf further answer, said averment is denied. Denied. Pursuant to Pa.R.C.P 1030 any affirmative defenses not raised by the in its Answer with New Matter and Counterclaim are waived. ORE, Plaintiff, Pitney Bowes Global Financial Services, demands judgment in its favor and against Defendant for the amounts sought in the Complaint, together with interest and co ANSWER TO COUNTERCLAIM COUNTI (Misrepresentation) Plaintiff incorporates paragraphs one through eighty-six of its Reply as if full stated herein. Said averment is a legal conclusion to which no responsive pleading is required, by way of "her answer, Plaintiff made no representations to the Defendant about the equipment. Plaintiff imply financed the transaction. Denied. Plaintiff is in the business of financing shipping solutions. Said averment is a legal conclusion to which no responsive pleading is required. By way ?f further answer, said averment is denied. 9?. Denied. Plaintiff simply financed the transaction. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSE UENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED DIREC LY OR INDIRECTLY BY THE EQUIPMENT." a. Said averment is a legal conclusion to which no responsive pleading is By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSy DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED DIREC LY OR INDIRECTLY BY THE EQUIPMENT." b. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SHILL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED Y OR INDIRECTLY BY THE EQUIPMENT." Plaintiff, Pitney Bowes Global Financial Services, respectfully requests that Defendant's Counterclaim be denied. COUNT II (Failure to Cure Non-Conforming Goods) 91. Plaintiff incorporates paragraphs one through ninety-four of its Reply as if fully stated Denied. Defendant actually paid the Plaintiff $76,049.71. Plaintiff is without information sufficient to form a belief as to the veracity of said By way of further answer, said averment is denied. Denied. Plaintiff did not make any representations or provide nay equipment, or services. Plaintiff simply financed the transaction. 9. Denied. Plaintiff did not provide any assurances. Denied. Pursuant to the lease, it was not the Plaintiff's obligation to cure any alleged 4efects of the equipment. Denied. Pursuant to the lease, it was not the Plaintiff's obligation to cure any alleged 4efects of the equipment. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SHALL ? OT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED Y OR INDIRECTLY BY THE EQUIPMENT." Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. a. Said averment is a legal conclusion to which no responsive pleading is By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SH LL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT." b. Said averment is a legal conclusion to which no responsive pleading is By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEPUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED Y OR INDIRECTLY BY THE EQUIPMENT." Plaintiff, Pitney Bowes Global Financial Services, respectfully requests that Defendant's Counterclaim be denied. COUNT III (Breach of Contract) Plaintiff incorporates paragraphs one through one hundred-and-four of its Reply as if fully stated herein. Said averment is a legal conclusion to which no responsive pleading is required. a. Denied. It was not the Plaintiff's responsibility to deliver the equipment. Plaintiff simply financed the transaction. b. Denied. It was not the Plaintiff's responsibility to cure any alleged non- conforming equipment. Plaintiff simply financed the transaction. C. Denied. It was not the Plaintiff's responsibility to provide equipment maintenance. Plaintiff simply financed the transaction. d. Denied. e. Denied. It was not the Plaintiff's responsibility to service or maintain the equipment. Plaintiff simply financed the transaction. 07. Said averment is a legal conclusion to which no responsive pleading is required. way of further answer, said averment is denied. a. Said averment is a legal conclusion to which no responsive pleading is By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SH?LL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEPUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED Y OR INDIRECTLY BY THE EQUIPMENT." b. Said averment is a legal conclusion to which no responsive pleading is required By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SH?LL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEPUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED Y OR INDIRECTLY BY THE EQUIPMENT." Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. 9. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. 110. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, paragraph eleven of the lease provides "YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT." , Plaintiff respectfully requests that Defendant's Counterclaim be denied. COUNT IV (Negligent Representation) 11. Plaintiff incorporates paragraphs one through one hundred-and-ten as if fully stated herein. 12. Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, Plaintiff made no representations to the Defendant about the 13. Said averment is a legal conclusion to which no responsive pleading is required. By way pf further answer, Plaintiff owed no duty to the Defendant about the equipment. 14. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, Plaintiff made no representations to the Defendant. 15. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, Plaintiff made no representations to the Defendant about the 6. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, Plaintiff made no representations to the Defendant. 117. Said averment is a legal conclusion to which no responsive pleading is required. By way Of further answer, said averment is denied. Plaintiff respectfully requests that Defendant's Counterclaim be denied. COUNT V. (Reservation of Additional Counterclaims) 1 ? 8. Denied. Defendant has waived any Counterclaims it did not assert. Plaintiff respectfully requests that Defendant's Counterclaim be denied. NEW MATTER TO DEFENDANT'S COUNTERCLAIMS Defendant's Counterclaims are barred by accord and satisfaction. Defendant's Counterclaims are barred by consent. Defendant's Counterclaims are barred by estoppel. Defendant's Counterclaims are barred by failure of consideration. Defendant's Counterclaims are barred by fraud. Defendant's Counterclaims are barred by impossibility of performance. Defendant's Counterclaims are barred by laches. Defendant's Counterclaims are barred by payment. Defendant's Counterclaims are barred by release. Defendant's Counterclaims are barred by statute of frauds. Defendant's Counterclaims are barred by statute of limitations. Defendant's Counterclaims are barred by truth and waiver. Respect ly submitted, By: Richard W. Keifer III, Esquire 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 Dated: VERIFICATION Richard W. Keifer III, Esquire, do hereby verify that I the attorney for the Plaintiff and I am authorized to make this Verification on behalf of Pitney Bowes Global Financial Services as in interest to Pitney Bowes Credit Corporation; that the foregoing document was with the assistance and advice of counsel. Upon whose advice I have relied; that the subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in of this document and the prosecution of this case; and that subject to the limitations set fort herein, the averments of the document are true and correct to the best of my knowledge, and belief. The language of this pleading is that of counsel. understand that false statements made in the foregoing document are subject to the of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Dated: ( `//A Pol Richard W. Keifer III, Esq. Richar W. Keifer III I.D.# 8 924 Law O ffice of Richard W. Keifer III 923 Fay ette Street Consh ocken, PA 19428 (610)9 0-4000 PITNEY BOWES GLOBAL FINANCIAL SERVI ES as successor in interest to PITNEY BOWS CREDIT CORPORATION 4901 B LFORT ROAD, SUITE 120 JACK ONVILLE, FL 32256 Plaintiff, VS. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPP NSBURG, PA 17257-0310 Defendant, COURT OF COMMON PLEAS CUMBERLAND COUNTY- No. I 1- 1295 CERTIFICATE OF SERVICE Richard W. Keifer III, hereby certify that a true and correct copy of Plaintiff's Reply to s Answer with New Matter and Counterclaims was served upon the following counsel via fed?ral express on this date: Joel D. Nori, Esquire Blair and Nori Law Group LLC 167 Walnut Bottom Road, Suite 300 Shippensburg, PA 17257 THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED By: Ric oo? hard W. Keifer III, Esquire Date: SHERIFF'S OFFICE OF CUME Ronny R Anderson Sheriff o Jody S Smith IF1601 Chief Deputy Richard W Stewart - Solicitor OFFICE CAF THE SHERIFF ERLAND COUNTY riLED`OfftCE ,.;.- THE PgOTHONOTA? r 2011 MAY 31 AM 9. 02 OU PENNSYLOV,ANIPk 'r Pitney Bowes Global Financial Services vs. Case Number Destiny Image, Inc. (et al.) 2011-1295 SHERIFF'S RETURN OF SERVICE 05/12/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Pitney Bowes, Inc. c/o CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint to Join Additional Defendant according to law. 05/20/2011 08:46 AM - Dauphin County Return: And now March 20, 2011 at 0846 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Joining Additional Defendant, upon the within named defendant, to wit: Pitney Bowes, Inc. c/o CT Corporation System by making known unto Karen Jones, Corporate Operations Specialist for CT Corporation System at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $39.94 May 25, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF jc) GountySuite Sheriff. Teieosoft. Inc. l . r.i of the ?Shvriff William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duppan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin PITNEY BOWES GLOBAL FINANCIAL SERVICES VS PITNEY BOWES INC. Sheriff s Return No. 2011-T-2291 OTHER COUNTY NO. 111295 And now: MAY 20, 2011 at 8:46:00 AM served the within JOINDER COMPLAINT upon PITNEY BOWES INC. by personally handing to KAREN JONES 1 true attested copy of the original JOINDER COMPLAINT and making known to him/her the contents thereof at C/O CT CORP 116 PINE STREET SUITE 320 HBG PA 17101 CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 23RD day of May, 2011 -)P4F COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires-August 17, 2014 So Answers,! Sheriff of Daup County, By Deputy Sheriff 4' Sp Deputy: G MILLER Sheriffs Costs: $41.25 5/18/2011 Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 PITNEY BOWES GLOBAL FINANCIAL SERVICES as successor in interest to PITNEY BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, VS. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-0310 Defendant vs. PITNEY BOWES, INC. Defendant, THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY- No. l l -1295 o ? =M cn ? c_ c 00 s F ?a ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter may appearance on behalf of the Defendant, Pitney Bowes, Inc., in the above-captioned matter. n Law Office of Richard W. Keifer III Date: i By:A- Richard W. Keifer III Attorney for Plaintiff Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED PITNEY BOWES GLOBAL FINANCIAL SERVICES as successor in interest to PITNEY COURT OF COMMON PLEAS BOWES CREDIT CORPORATION CUMBERLAND COUNTY- 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, No. I 1- 1295 vs. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-0310 Defendant, vs. PITNEY BOWES, INC. NOTICE You have been sued in court. If you wish to d efend against the claims set forth in the following pages, you must take action within twenty (20) days after this conplaint and notice are served, by entering a written appearance personally or by an 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 proceedwithout you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 • + -...- C " C` . ;„ ? .r'" QD .... Richard W. Keifer III THIS IS NOT AN ARBITRATION CASE I.D.# 84924 AN ASSESSMENT OF DAMAGES Law Office of Richard W. Keifer III HEARING IS NOT REQUIRED 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to PITNEY CUMBERLAND COUNTY- BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, No. 11-1295 VS. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-03 10 VS. PITNEY BOWES, INC. Defendant, OF DEFENDANT DESTINY IMAGE aINC. Defendant, Pitney Bowes, Inc. (Hereinafter referred to as "Pitney Bowes"), by its attorney, Richard W. Keifer III, files this Answer and avers as follows: I • Admitted. 2. Admitted. 3. Denied. Defendant, Pitney Bowes, Inc. is in the business of providing shipping solutions 4. Defendant, Pitney Bowes, Inc., was only aware of the business requirements that Defendant, Destiny Image, Inc., provided them. 5. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer said averment is denied. 6. Denied. The written proposal was prepared by Pitney Bowes, Inc. 7. Denied. The proposal attached to the Joinder Complaint of Defendant, Destiny Image, Inc., speaks for itself. 8. Admitted in part, Denied in part. It is admitted only that the email attached to the Joinder Complaint was sent. The remainder of the averment is denied on the basis that the email speaks for itself. 9. Admitted in part, denied in part. It is admitted only that on or about September 29, 2007, Defendant, Destiny Image, Inc., entered into a lease agreement with Plaintiff, Pitney Bowes Global Financial Services, Inc. The remainder of the averment is denied on the basis that the agreement speaks for itself. 10. Admitted. 11. Denied. The site survey prepared by Defendant, Pitney Bowes, Inc., provided that installation would take six days. 12. Denied. The equipment was installed and fully operational in December of 2007. 13. Admitted in part, denied in part. It is admitted that Defendant, Destiny Image, Inc, sent Defendant, Pitney Bowes, Inc., the email attached as Exhibit "D." The remainder of the averment is denied on the basis that the email speaks for itself. Additionally, paragraph one of the lease provides " ... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 14. Admitted in part, denied in part. It is admitted that Defendant, Destiny Image, Inc., sent Defendant, Pitney Bowes, Inc., the email attached as Exhibit "E." The remainder of the averment is denied on the basis that the email speaks for itself. Additionally, paragraph one of the lease provides " ... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 15. Denied. Plaintiff never made any representations regarding the equipment. Defendant, Pitney Bowes, Inc., never recommended an upgrade in Defendant's accounting and inventory systems. 16. Denied. Plaintiff never made any representations regarding the equipment. Defendant, Pitney Bowes, Inc., never recommended an upgrade in Defendant's accounting and inventory systems. 17. Admitted in part, denied in part. It is admitted that Defendant, Destiny Image, Inc., sent Defendant, Pitney Bowes, Inc., the email attached as Exhibit "F." The remainder of the averment is denied on the basis that the email speaks for itself. Additionally, paragraph one of the lease provides "... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 18. Admitted in part, denied in part. It is admitted that Defendant, Pitney Bowes, Inc., sent an email to Defendant, Destiny Image, Inc., on January 7, 2008. The remainder of the averment is denied on the basis that the email speaks for itself. 19. Denied. There are a series of emails attached as Exhibit "H.", this averment is denied on the basis that the emails speak for themselves. 20. Answering Defendant is without information sufficient to form a belief as to the veracity of said averment, by way of further answer said averment is denied. 21. Admitted in part, denied in part. It is admitted that on or about :March 31, 2008, Defendant, Destiny Image, Inc., entered into a lease agreement with Plaintiff. The remainder of the averment is denied on the basis that the lease agreement speaks for itself. 22. Answering Defendant is without information sufficient to form a belief as to the veracity of said averment, by way of further answer said averment is denied. 23. Answering Defendant is without information sufficient to form a belief as to the veracity of said averment, by way of further answer said averment is denied. 24. Denied. The equipment was installed and functional. 25. Denied. The equipment was installed and functional. 26. Denied. The equipment was installed and functional. 27. Denied. The equipment was installed and functional. 28. Admitted in part, denied in part. It is admitted that Defendant, Destiny Image, Inc., sent Plaintiff the letter attached as Exhibit "M." The remainder of the averment is denied on the basis that the email speaks for itself. Additionally, paragraph one of the lease provides " .. . THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 29. Admitted in part, denied in part. It is admitted that Defendant, Destiny Image, Inc., sent Defendant, Pitney Bowes, Inc., the email attached as Exhibit "F." The remainder of the averment is denied on the basis that the email speaks for itself. Additionally, paragraph one of the lease provides "... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 30. It is denied that Defendant, Destiny Image, Inc., stopped using all ofthe equipment. Defendant, Destiny Image, Inc. has refilled postage in 2011. 31. Admitted in part, denied in part. It is admitted that Defendant, :Destiny Image, Inc., sent Defendant, Pitney Bowes, Inc., the email attached as Exhibit "O." The remainder of the averment is denied on the basis that the email speaks for itself. Additionally, paragraph one of the lease provides " ... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 32. Admitted in part, denied in part. It is admitted that Defendant, Destiny Image, Inc., sent Defendant, Plaintiff, the letter attached as Exhibit "P." The remainder of the averment is denied on the basis that the email speaks for itself. Additionally, paragraph one of the lease provides " ... THIS LEASE CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON..." 33. Admitted. The email speaks for itself. 34. Denied. The email speaks for itself. 35. Denied. The meter and label printers were not returned. 36. Answering Defendant, is without information sufficient to form a belief as to the veracity of said averment. By way of further answer, said averment is denied. 37. Denied. Plaintiff never made any representations regarding the equipment. Defendant, Pitney Bowes, Inc., never recommended an upgrade in Defendant's accounting and inventory systems. 38. Denied. The equipment performed to specifications with the exception of LTL shipping rates, which the Defendant, Destiny Image, Inc., was not sure they were going to use. 39. Denied. The equipment performed to specifications with the exception of LTL shipping rates, which the Defendant, Destiny Image, Inc., was not sure they were going to use. 40. Denied. Paragraph one of the lease represents Plaintiff and Defendant, Pitney Bowes, Inc. as different entities. (a) Denied. 41. Answering Defendant is without information sufficient to forma belief as to the veracity of said averment. By way of further answer, said averment is denied. 42. Answering Defendant is without information sufficient to form a belief as to the veracity of said averment. By way of further answer, said averment is denied. 43. Answering Defendant is without information sufficient to form a belief as to the veracity of said averment. By way of further answer, said averment is denied. COUNT I MISREPRESENTATION 44. Defendant incorporates paragraphs one through forty-three of its Answer as if fully set forth herein. 45. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 46. Admitted in part, denied in part. It is admitted only that Defendant is in the business of providing shipping solutions. 47. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 48. Denied. See response to paragraph number four. 49. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 50. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 51. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. (a) Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. (b) Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. WHEREFORE, Defendant, Pitney Bowes, Inc., respectfully requests this Honorable Court dismiss the Joinder Complaint of Defendant, Destiny Image, Inc. COUNT II (Failure to Cure Non-Conforming Goods) 52. Defendant incorporates paragraphs one through fifty-one of its response as if fully set forth herein. 53. Admitted in part, denied in part. It is admitted that Defendant, Destiny Image, Inc., actually paid Plaintiff, $76,049.71. The remainder of the averment is denied. 54. Denied. The equipment was installed and was functional. 55. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 56. Denied. The equipment was functioning, it was not non-conforming. Further, Plaintiff merely financed the transaction. 57. Denied. The equipment was installed in December 2007 and was functioning. 58. Denied. It was not the responsibility of Plaintiff to cure any alleged non- conformities. Further, Defendant, Pitney Bowes, Inc. installed the equipment in December of 2007 and it was functioning. 59. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 60. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 61. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. (a) Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. (b) Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. WHEREFORE, Defendant, Pitney Bowes, Inc., respectfully requests this Honorable Court dismiss the Joinder Complaint of Defendant, Destiny Image, Inc. COUNT III (Breach of Contract) 62. Defendant incorporates paragraphs one through sixty-one of its response as if fully set forth herein. 63. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. a. Denied. Plaintiff and Defendant, Pitney Bowes, Inc. fulfilled all of their obligations. b Denied. Plaintiff and Defendant, Pitney Bowes, Inc. fulfilled all of their obligations. c. Denied. Plaintiff and Defendant, Pitney Bowes, Inc. fulfilled all of their obligations d. Denied. Plaintiff and Defendant, Pitney Bowes, Inc. fulfilled all of its obligations e. Denied. Plaintiff and Defendant, Pitney Bowes, Inc. fulfilled all of their obligations 64. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. f. Defendant is without information sufficient to form a belief as to the veracity of said averment. By way of further answer, said averment is denied. g. Defendant is without information sufficient to form a belief as to the veracity of said averment. By way of further answer, said averment is denied. 65. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 66. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 67. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. WHERF,FORE, Defendant, Pitney Bowes, Inc., respectfully requests this Honorable Court dismiss the Joinder Complaint of Defendant, Destiny Image, Inc. COUNT IV (Negligent Misrepresentation) 68. Defendant incorporates paragraphs one through sixty-one of its response as if fully set forth herein. 69. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 70. Said averment is a legal conclusion to which no responsive pleading is required. By way of further answer, said averment is denied. 71. Defendant incorporates paragraphs one through sixty-one of its response as if fully set forth herein. 72. Defendant incorporates paragraphs one through sixty-one of its response as if fully set forth herein. 73. Defendant incorporates paragraphs one through sixty-one of its response as if fully set forth herein. 74. Defendant incorporates paragraphs one through sixty-one of its response as if fully set forth herein. WHEREFORE, Defendant, Pitney Bowes, Inc., respectfully requests this Honorable Court dismiss the Joinder Complaint of Defendant, Destiny Image, Inc. COUNT V (Reservation of Additional Claims) 75. Denied. Defendant, Destiny Image, Inc., has waived any claims it did not assert. WHEREFORE, Defendant, Pitney Bowes, Inc., respectfully requests this Honorable Court dismiss the Joinder Complaint of Defendant, Destiny Image, Inc. NEW MATTER TO DEFENDANT'S JOINDER COMPLAINT 1. Defendant's claims are barred by accord and satisfaction. 2. Defendant's claims are barred by consent. Defendant's claims are barred by estoppel. 4. Defendant's claims are barred by failure of consideration. 5. Defendant's claims are barred by fraud. 6. Defendant's claims are barred by impossibility of performance. 7. Defendant's claims are barred by laches. Defendant's claims are barred by payment. 9. Defendant's claims are barred by release. 10. Defendant's claims are barred by statute of frauds. 11. Defendant's claims are barred by statute of limitations. 12. Defendant's claims are barred by truth and waiver. Respect ly submitted, By:- Richard W. Keifer III, Esquire 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 Dated: G 6 ?? VERIFICATION I, Richard W. Keifer III, do hereby verify that I am the attorney for Pitney Bowes, Inc. and that I am authorized to make this Verification on behalf of Pitney Bowes, Inc.; that the foregoing document was prepared with the assistance and advice of counsel. Upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Dated: X Richard W. Keifer III, Esq. Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to PITNEY CUMBERLAND COUNTY- BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, No. I 1- 1295 vs. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-0310 Defendant vs. PITNEY BOWES, INC. Defendant, CERTIFICATE OF SERVICE I, Richard W. Keifer III, hereby certify that a true and correct copy of Pitney Bowes, Inc. Answer with New Matter was served upon the following counsel via regular mail on this date: Joel D. Nori, Esquire Blair and Nori Law Group LLC 167 Walnut Bottom Road, Suite 300 Shippensburg, PA 17257 By;, Richard W. Keifer II:[, Esquire Date: 6/6/11 Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 (610)940-4000 THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to PITNEY CUMBERLAND COUNTY- BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, No.11-1295 vs. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 Co CD SHIPPENSBURG, PA 17257-0310 ; Defendant, c:) + rt, Z7 CERTIFICATE OF SERVICE I, Richard W. Keifer III, hereby certify that a true and correct copy of counsel's Entry of Appearance on behalf of Defendant, Pitney Bowes, Inc., was served upon the following counsel via regular mailon this date: Joel D. Nori, Esquire Blair and Nori Law Group LLC 167 Walnut Bottom Road, Suite 300 Shippensburg, PA 17257 By: Zzeifl Richard W. Keifer III, Esquire Date: 6/6/11 Joel D. Nori I.D. # 307248 Blair and Nori Law Group LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 Li ' at 0 N- , J 3 1'?. t e I;- 15 N L' v f ND ?- PrNINSYLVA?49A PITNEY BOWES GLOBAL FINANCIAL SERVICES as successor in interest to ? COURT OF COMMON PLEAS PITNEY BOWES CREDIT :CUMBERLAND COUNTY CORPORATION Plaintiff, V. DESTINY IMAGE, INC. Defendant V. NO. 11-1295 REPLY TO DEFENDANT'S, PITNEY BOWES, INC.'S, NEW MATTER JURY TRIAL DEMANDED PITNEY BOWES, INC. Defendant 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 an 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 opposing party. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORT STREET CARLISLE, PA 17013 1800-990-9108 OR 717-249-3166 Joel D. Nori I.D. # 307248 Blair and Nori Law Group LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to CUMBERLAND COUNTY PITNEY BOWES CREDIT CORPORATION Plaintiff, V. NO. 11-1295 DESTINY IMAGE, INC. REPLY TO DEFENDANT'S, PITNEY BOWES, INC.'S, NEW MATTER Defendant V. JURY TRIAL DEMANDED PITNEY BOWES, INC. Defendant REPLY TO DEFENDANT'S, PITNEY BOWES, INC.'S, NEW MATTER AND NOW, this 9th day of June, 2011, comes Destiny Image, Inc., the Defendant above named, by and through its attorney, Joel Nori of the Blair Nori Law Group, LLC., and hereby files this reply to Defendant's, Pitney Bowes, Inc.'s, New Matter and respectfully avers as follows: The allegations set forth in paragraph 1 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 2. The allegations set forth in paragraph 2 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 3. The allegations set forth in paragraph 3 of Defendant's, Pitney Bowes, Inc. Is, New Matter to Defendant's, Destiny Image, Inc-'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 4. The allegations set forth in paragraph 4 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. By way of further answer, as alleged in paragraphs 36 and 53 of Defendant's, Destiny Image, Inc-'s, Joinder Complaint, Defendant, Destiny Image, Inc., paid Plaintiff, Pitney Bowes Global Financial Services, and Defendant, Pitney Bowes, Inc., the sum of $75,560.53 between October 2007 and June 2010 during the course of Defendant and Plaintiff's business relationship under the Written Agreements. Furthermore, in paragraph 53 of Defendant's, Pitney Bowes, Inc-'s, Reply to Defendant's, Destiny Image, Inc.'s, Joinder Complaint, Defendant, Pitney Bowes, Inc., admits that Defendant, Destiny Image, Inc., paid Plaintiff $76,049.71. 5• The allegations set forth in paragraph 5 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 6. The allegations set forth in paragraph 6 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. The allegations set forth in paragraph 7 of Defendant's, Pitney Bowes, Inc. 1s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. By way of further answer, Defendant's, Destiny Image, Inc.'s, claims were brought within a reasonable time. The allegations set forth in paragraph 8 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. By way of further answer, payment, as averred by Defendant, Pitney Bowes, Inc., is not an affirmative defense to Defendant's, Destiny Image, Inc.'s, claims. 9. The allegations set forth in paragraph 9 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 10. The allegations set forth in paragraph 10 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. By way of further answer, as alleged in paragraphs 6 and 9 of Defendant's, Pitney Bowes, Inc.'s, Reply to Defendant's, Destiny Image, Inc-'s, Joinder Complaint Defendant's, Pitney Bowes, Inc.'s, admits to the existence of a written agreement between Defendant, Pitney Bowes, Inc., and Defendant, Destiny Image, Inc. Plaintiff also attached both Lease Agreements as Exhibit "A" and Exhibit "A" (sic) (second) to the original Complaint. 11. The allegations set forth in paragraph 11 of Defendant's, Pitney Bowes, Inc.'s, New Matter to Defendant's, Destiny Image, Inc.'s, Joinder Complaint are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. By way of further answer, pursuant to Pa.C.S. §5525 the statute of limitations on a contract actions is four years. Defendant's, Destiny Image, Inc-'s, claims were filed within the necessary timeframe. 12. The allegations set forth in paragraph 12 of Plaintiff's New Matter to Defendant's Counterclaims are conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof is demanded. 13. It is unclear what relief is being sought by Defendant, Pitney Bowes, Inc., as Defendant did not petition the Court for relief from the New Matters alleged. WHEREFORE, Defendant, Destiny Image, Inc., respectfully requests that this Honorable Court dismiss Defendant's, Pitney Bowes, Inc.'s, New Matter with prejudice and enter judgment in favor of Defendant, Destiny Image, Inc., and against Defendant, Pitney Bowes, Inc., award reasonable attorney's fees, costs of court and interest, and award such further and other relief as may be deemed appropriate. Respec sub * d, By- ` ori, Esquire Blair Nori Law Group, LLC., 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 Dated: ly ?// VERIFICATION I, Donald F. Nori Jr., do hereby verify that I am authorized to make this Verification on behalf of Destiny Image Inc.; that the foregoing document was prepared with the assistance and advice of counsel. Upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the defense and prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A 4904 relating to unsworn falsifications to authorities. ?-- Dated: / S_ / Donal4NNorii CERTIFICATE OF SERVICE Joel D. Nori, attorney for Destiny Image, Inc., certifies that he served a true and correct copy of the foregoing REPLY TO DEFENDANT'S, PITNEY BOWES, INC.'S, NEW MATTER by causing a copy to be delivered to Defendant's Attorney: Richard W. Keifer III 923 Fayette Street Conshohocken, PA 19428 by Federal Express, prepaid postage, on June 15, 2011. w XrsA JOEL D. NORI ESQ. I.D. # 307248 Blair and Nori Law Group LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 717-729-6358 I PITNEY BOWES GLOBAL FINANCIAL SERVICES as successor in interest to PITNEY BOWES CREDIT CORPORATION, Plaintiff V. DESTINY IMAGE, INC., Defendant V. PITNEY BOWES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 11-1295 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY ON DEFENDANT, PITNEY BOWES, INC. ORDER OF COURT AND NOW, this 13th day of April, 2012, upon consideration of the above- captioned motion, a Rule is hereby issued upon Defendant Pitney Bowes, Inc., to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Joel D. Nori, Esq. Blair Nori Law Group, LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 Attorney for Defendant Destiny Image, Inc. r7 r- f s :y Christyl' L. Peck, J. v Richard W. Keifer, III, Esq. 8 Gershom Place Kingston, PA 18704 Attorney for Plaintiff Pitney Bowes Global Financial Services as successor in interest to Pitney Bowes Credit Corporation and Attorney for Defendant Pitney Bowes, Inc. A' Richard W. Keifer III THIS IS NOT AN ARBITRATION CASE I.D.# 84924 AN ASSESSMENT OF DAMAGES Law Office of Richard W. Keifer III HEARING IS NOT REQUIRED 8 Gershom Place Kingston, PA 18704 (570)371-3851 PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to PITNEY CUMBERLAND COUNTY BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, No. l 1-1295 VS. . ca -y° , :..y . YJ :7! DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD ^Y P.O. BOX 310 1 SHIPPENSBURG, PA 17257-0310 Defendant y -- VS. t PITNEY BOWES, INC. Defendant, DEFENDANT PITNEY BOWES, INC.'S ANSWERS TO DEFENDANT DESTINY IMAGE, INC.'S MOTION TO COMPEL DISCOVERY 1. Admitted. 2.. Admitted. 3. Denied. Defendant, Pitney Bowes, Inc., provided complete and full responses to both the interrogatories and Request for Production of Documents. 4. Admitted. 5. Denied. The undersigned counsel provided a supplemental response that addressed the supposed deficiencies in the initial discovery responses. A file copy of the letter is attached hereto as Exhibit "A." 6. It is admitted that both counsel attempted to resolve this discovery dispute without court intervention. a. Defendant, Pitney Bowes, Inc., maintains its objections to interrogatories 11, 15, 16, 17, 18 as they seek irrelevant information regarding other customers and about any other breach of contract actions. These Interrogatories would in no way lead to relevant evidence. b. Defendant, Pitney Bowes, Inc., maintains its objections to interrogatory 3. The identity of the board of the officers, board of directors, board members and department heads is irrelevant. The interrogatory is designed solely to harass. c. With regard to interrogatory number 7, if there are individuals that Defendant, Destiny Image, is aware of, then there is no need to further supplement. Further, identifying customer service representatives would not lead to relevant evidence. The customer service log is provided. Defendant, Pitney Bowes, Inc. is trying to provide individuals that will have the most complete knowledge of the transaction. d. Defendant, Pitney Bowes, Inc. maintains its objection to Interrogatory number 10. It is irrelevant to this litigation who other customers are. Further, Defendant, Destiny Image, Inc., answered that there are no known defects with the product. e. Defendant, Pitney Bowes, Inc. maintains its objection to Interrogatory number 11. It is irrelevant to this litigation what other customers' needs are. Further, Defendant, Destiny Image, Inc., answered that there are no known defects with the product. f. Defendant adequately responded to Interrogatory 12. by referencing the Statement of Work. Counsel inadvertently omitted the word "addendum." This document was presented to Defendant, Destiny Image, at the time the agreement was being negotiated. This was the proposal for the shipping solution. g. Defendant adequately responded to Interrogatory 13. by referencing the Statement of Work. Counsel inadvertently omitted the word "addendum." This document was presented to Defendant, Destiny Image, at the time the agreement was being negotiated. This was the proposal for the shipping solution. h. Defendant adequately responded to Interrogatory 13. by referencing the Statement of Work. Counsel inadvertently omitted the word "addendum." This document was presented to Defendant, Destiny Image. at the time the agreement was being negotiated. This was the proposal for the shipping solution. Obviously, Defendant, Pitney Bowes, Inc., would not have provided a proposal that it did not feel would work. i. Defendant, Pitney Bowes, Inc. maintains its objection to Interrogatory number 15. It is irrelevant to this litigation whether there are breach of contract claims against Defendant, Pitney Bowes, Inc. This interrogatory is designed merely to harass. J. Defendant, Pitney Bowes, Inc. maintains its objection to Interrogatory number 15. It is irrelevant to this litigation whether there are breach of contract actions filed against Defendant, Pitney Bowes, Inc. This interrogatory is designed merely to harass. k. Defendant, Pitney Bowes, Inc. maintains its objection to Interrogatory number 16. It is irrelevant to this litigation whether there are breach of contract claims by Defendant, Pitney Bowes, Inc. This interrogatory is designed merely to harass. 1. Defendant, Pitney Bowes, Inc. maintains its objection to Interrogatory number 15. It is irrelevant to this litigation whether there are breach of contract actions filed by Defendant, Pitney Bowes, Inc. This interrogatory is designed merely to harass. WHEREFORE, Defendant, Pitney Bowes, Inc., respectfully request that this Honorable Court deny Defendant, Destiny Images, Inc.'s, Motion to Compel. Respectf lly qubmi ed, By: Richard W. Keifer III, Esquire 8 Gershom Place Kingston, PA 18704 (570)371-3851 Dated: EXHIBIT "A." LAW OFFICE OF RICHARD W. KEIFER III 8 GERSHOM PLACE KINGSTON, PA 18704 570.371.3851 TELEPHONE 570-371-3852 FACSIMILE RKEIFERea,KEIFERLAW.COM December 23, 2011 Joel D. Nori, Esquire Blair and Nori Law Group LLC 167 Walnut Bottom Road, Suite 300 Shippensburg, PA 17257 Re: Pitney Bowes Global Financial Services v. Destiny Image, Inc. Cumberland C.C.P. No. 11-1295 Dear Mr. Nori: This letter is a supplement my client Destiny Image, Inc.'s Answers to Defendant Destiny Image, Inc.'s Interrogatories. Please be advised that my client's email retention policy is to automatically delete emails older than ninety days. All documents are scanned and my client does not retain originals. The email suffixes are the same for both companies. My client supplements as follows: 11 Bachelor's of Art in Law and Society. Currently working on a. Master's in HR management. g) I began in October 2004. I was a paralegal then litigation manager. 4) Pitney Bowes, Inc. owns other subsidiaries but none of them are relevant to this litigation. 5) There is no company that has any ownership interest/control over Pitney Bowes, Inc. 6) The Plaintiff funds the majority of Defendant, Pitney Bowes, Inc.'s transactions, but not all. An exact proportion would be impossible to determine. 7) See Defendant Pitney Bowes, Inc.'s Response to Defendant, Destiny Image's Request for the Production of Documents. The codes refer to customer service employees who would have no independent recollection other than to rely on the system notes that have already been produced. 10) There are no known defects with this product. 12) The statement of work document is responsive to this request. 14) The statement of work document is responsive to this request. Thank you for your attention to this matter. Sincerely, Richard W. Keifer III Richard W. Keifer III I.D.# 84924 Law Office of Richard W. Keifer III 8 Gershom Place Kingston, PA 18704 (570)371-3851 THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED PITNEY BOWES GLOBAL FINANCIAL COURT OF COMMON PLEAS SERVICES as successor in interest to PITNEY CUMBERLAND COUNTY BOWES CREDIT CORPORATION 4901 BELFORT ROAD, SUITE 120 JACKSONVILLE, FL 32256 Plaintiff, No.l 1-1295 vs. DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-0310 Defendant vs. PITNEY BOWES, INC. Defendant, CERTIFICATE OF SERVICE I, Richard W. Keifer III, hereby certify that a true and correct copy of Defendant Pitney Bowes, Inc's Response to Defendant's Motion to Compel was served upon the following counsel via regular mail on this date: Joel D. Nori, Esquire Blair and Nori Law Group LLC 167 Walnut Bottom Road, Suite 300 Shippensburg, PA 17257 By;z',K ?? Richard W. Keifer III, Esquire Date: 4/26/12 PITNEY BOWES GLOBAL FINANCIAL SERVICES as successor in interest to PITNEY BOWES CREDIT CORPORATION, Plaintiff V. DESTINY IMAGE, INC., Defendant V. PITNEY BOWES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 11-1295 CIVIL TERM IN RE: DEFENDANT DESTINY IMAGE'S MOTION TO COMPEL DISCOVERY ON DEFENDANT PITNEY BOWES INC. ORDER OF COURT AND NOW, this 18'h day of June, 2012, upon consideration of Defendant Destiny Image's Motion To Compel Discovery on Defendant, Pitney Bowes, Inc., and Defendant Pitney Bowes, Inc.'s Response thereto, a discovery conference is scheduled for Wednesday, August 15, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee . Peck, J. /Richard W. Keifer, III, Esq. Law Office of Richard W. Keifer, III 8 Gershom Place Kingston, PA 18704 Attorney for Plaintiff and Defendant Pitney Bowes, Inc. • Joel D. Nori, Esq. Blair Nori Law Group, LLC 167 Walnut Bottom Road Suite 300 Shippensburg, PA 17257 Attorney for Defendant Destiny Image, Inc. OCF'xs IO.le-4 AK _ i PITNEY BOWES GLOBAL IN THE COURT OF COMMON PLEAS OF FINANCIAL SERVICES as CUMBERLAND COUNTY, PENNSYLVANIA successor in interest to PITNEY BOWES CREDIT . CORPORATION, Plaintiff V. DESTINY IMAGE, INC., Defendant V. PITNEY BOWES, INC., CIVIL ACTION - LAW Defendant NO. 11-1295 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY ON DEFENDANT PITNEY BOWES, INC. ORDER OF COURT AND NOW, this 15th day of August, 2012, upon consideration of the Motion to Compel Discovery filed by Defendant Destiny Image, Inc., and after having had a conference in this matter where both attorneys presented argument on the issues, it is hereby ordered and directed that the Motion to Compel Discovery is granted in part as follows: 1. Pitney Bowes, Inc., shall provide the positions held within Pitney Bowes as requested in Defenda Destiny Image, Inc.'s Interrogatory 7 and a summary of wha those individuals' involvement were in the transaction at issue in this case; 2. Pitney Bowes, Inc., is directed to supply a more complete answer to Defendant Destiny Image, Inc.'s Interrogatory 12 about whether their shipping solutions would be well suited for Destiny Image's needs, including any documentation providing proof of such. If no further information or documentation exists as to how they are well suited, then Pitney Bowes, Inc., shall provide a statement saying that no other information or documentation is available on that point. 3. Pitney Bowes, Inc., is directed to file a mor complete answer to Defendant Destiny Image, Inc.'s Interrogatory 13 as to what their belief was based on regarding whether the shipping solutions were well suited t Destiny Image's needs. If no further information or documentation exists as to that point, then Pitney Bowes shall provide a statement stating such. 4. Pitney Bowes, Inc., is directed to file a complete answer to Defendant Destiny Image, Inc.'s Interrogatory 14 as to whether their belief that their shipping solutions were well suited for Destiny Image, Inc.'s needs were reasonable or not. If no other information or documentation exists as to that point, then they shall provide a statement to that effect. 5. Pitney Bowes, Inc., is directed to provide internal documentation related to the transaction and service issues during the course of the lease. They are further ordered to provide any documentation between Pitney Bowes, Inc., and Cyber Wolf, Inc., relating to services provided to Destiny Image, Inc., on behalf of Pitney Bowes. They are further ordered to provide any documentation between Pitney Bowes, Inc., and any other third party that provided services to Destiny Image, Inc., on behalf of Pitney Bowes. Pitney Bowes, Inc., is directed to file the responses and further documentation as required under this order within 40 days of the date of the service of this order. By the Court, ~ a~~ Christyle L. Peck, J. t"i ~,, Richard W. Keifer, III, Esquire 8 Gershom Place C Kingston, PA 18704 c3 N /'~Joel D. Nori, Esquire 167 Walnut bottom Road 71M-,: _ Shippensburg, PA 17257 ~,p -a rv ...i 1 f h p `r PS j.Gt(,t ,' lf'~{ ~+/vZ ~'//~ %~ ~~~ t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PITNEY BOWES GLOBAL FINANCIAL , SERVICES as successor in interest to PITNEY BOWES CREDIT CORP. -<?' w - 4901 BELFORT ROAD,SUITE 120 - -� JACKSONVILLE,FL 32256 VS. No. 2011-1295v= DESTINY IMAGE, INC. 167 WALNUT BOTTOM ROAD P.O. BOX 310 SHIPPENSBURG, PA 17257-0310 VS. PITNEY BOWES, INC. ORDER TO SATISFY OR SETTLE,DISCONTINUE AND END ( ) Mark the judgment in the above case satisfied, upon payment of Prothonotary's costs only. (X)Mark the above case settled, discontinued and ended, upon payment of Prothonotary's costs only. Richard W. Keifer III#84924 8 Gershom Place Kingston, PA 18704