HomeMy WebLinkAbout04-3634
MM!y10NWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
tu'vnb.e\e\r:\l1.d C DUV1\-Y
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. L V 0 () 0 0 ,::( '.'7 - Q 1../
lYf- 3/~Lf {1wil,7Jt1r
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis-
trict Justice on the date and in the case mentioned below.
NAME OF APPELLANT
S+~'et-lrz+f'lec+elcl!.\\ G\<20tl,",
ADDRESS OF APPELLANT CITY STATE ZIP CODE
DATEJF!G~E~ m A~ Ie, ~~HE~si},B,dl ~te {JOI C v.\W\1'" H \ It ,oJ:.J:ii [10 I
rz I 11 OLj S' e l-e c:.+ ~-e c U1e-11~vs 'S;' tAeVl e -t- f l f d ~(C~f
CLAIM NO CV YEAR 0 000 :;l 11 - 0 tf SIGNATUR~OF APPELLANT OR HIS AlTORNEY OR AGENT
I ;A;DI~T~O~O~NA~OR~~ed V nlAn\
I
Geo
L T YEAR
This block will be signed ONLY when this notation is required under PA.
R.C.P.J,P. No. 1008B.
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
If appellant was Claimant (see PA R.C.P.JP.
No. tOOt (6)) in action belore district Justice, he
MUST FILE A COMPLAINT within twenty (20)
days alter filing his NOTICE 01 APPEAL
bigna!ure of f'rotrlOlIQtary or Uepuly
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon S e \ e e...+ .s: e c.. u..e. ( + ~ ' appellee(s). to file a complaint in this appeai
~-JWl/ C. 'r:eL~
(Common Pleas No.t J ~ ~A.I '7 - t;'/; within twenty (20) days alter service of ~~ent of non pros.
Signature of appelfant ~norney or agent
RULE: To
S -e.l t'eA- ~eC\..LK..l ~-(..'r ,appellee(s)
Name of appelfee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days
after the date of service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not fHe a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date at service of this rule if service was by mail is the date of the mailing.
Date:~U 1'1 ~~ ,Year~/)O",-- ~,,-~-R.~flj1/".I~
Signature Of~ro~~otary or Depu& d
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Court File Copy
Appelant's Copy
Appellee Copy
D. J. Copy
Proth. - 76
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
; ss
AFFI DAVIT: I hereby swear or affirm that I served
o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) _' year _~, 0 by personal service Dby (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name , on
_____.___, year__n_' 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto.
o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on _ ,_~ _, year 0 by personal service Oby (certified) (registered)
mail. sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAY OF
, YEAR .
--
Signature of official before whom affidavit was made
Tifleofofficial
My commission expires on ~_
,year _~.
COMMONWEAL TH OF PENN
COUNTY OF: CUMBERLANL
I Mag. Jis!. No.:
!
09-1-02
VANIA
tl- 0'\
~...::k- J;to 00 S- 1'1 Q"1
JUDGMENTITRANSCRIPI
PLAINTIFF CIVIL CASE
NAME and ADDRESS
fSELECT SECURITY
354 N PRINCE ST APT/STE 100
LANCASTER, PA 17603
L
~
NOTICE l
DJ Name: Hon.
Address:
ROBERT V. MANLOVE
1901 STATE STREET
CAMP HILL, PA
VS.
T",phoo", (717) 761- 0583
17011-0000
DEFENDANT: NAME and ADDRESS
IsTARNET ELECTRICAL GROUP
1845 MARKET ST APT/STE 001
CAMP HILL, PA 17011
L
STARNET ELECTRICAL GROUP
1845 MARKET ST APT/STE 001
CAMP HILL, PA 17011
Docket No.: cv- 0000217 - 04
Date Filed: 5/26/04
,,~,.,>-
~
THIS IS TO NOTIFY YOU THAT:
Judgment:
DRFAULT JUDGMRJIiIT PLTF
[i]
[i]
Judgment was entered for:
(Name)
RRT,R~'1' I'IRC'.TTRT'I'V
Judgment was entered against: (Name)
STARNF.'I' RLRC'I'RT~AT, GROUP
in the amount of $
3,64"1 _ 42 on:
(Dale of Judgment)
7/01/04
D Defendants are jointly and severally liable,
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Inlerest on Judgment
Attorney Fees
Total
$ 3,559.42
$ 84.00
$ .00
$ .00
$ 3,643.42
0, Amount of Judgmenl Subject to
Attachment/42 Pa.C.S. ~ 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DiVISION, YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILe
A ReQUEST FOR eNTRY OF SATISFACTION WITH THE DISTRICT JUSTiCe IF THE JUDGMeNT DEeTOR PAYS IN FULL, SeTTLES,
OR OTHERWise COMPLIES WITH THe JUDGMeNT,
,} / ,l1'-/ Date ~~(h1 ~Z;~:'<"':::o", ":~ig~;~t Justice
! I / ": .-"'l ." "-, I ~ ,.' ,1' "
J ce,,7i1Y, lhal this is a tru~w...ceire~!,toP~t!..fec1r~. p{;r Oe,/l eding1~onJ~~ing t,he j,Udgm'en 1.
r< ; I ';(L/. ""j(, 1,-' - I I ..;" . ", I..,
7 I ,i i /v I Date / '., eAt . (r.tf., i //:f~ (]:J- C ;;Pl'.::...; ..,,' .~ District Justice
F ...... --_ _... '.' '" , - ';' ,'.
.' I ..- .... .. ~
My commission expires first Monday of January, 2006 .
';.,.
"". SEAL
1,./
"!! '
AOPC 315-03
DATE PRINTED:
7/01/04
2:35:38 PM
BLAKINGER, BYLER & THOMAS, P.c.
By: Susan P. Peipher, Esquire
Attorney I.D, #87580
28 Penn Square
Lancaster, PA 17603
(717) 299-1 100
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SELECT SECURITY,
Plaintiff
v.
Docket No. 04-3634
ST ARNET ELECTRICAL GROUP,
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 attorney and filing in writing with
the court your defense or objections to the claims set forth against you, You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW,
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER,
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Dated:
3!;)IO)
Cumberland County Bar Association
Lawyer Referral Service
32 S, Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3 166
BLAKINGER, BYLER & THOMAS, P.c.
\
By: ..
Susan P. Peipher, Es uire
Attorney l.D. #87580
28 Penn Square
Lancaster, PAl 7603
(717) 299- 11 00
Attorneys for Plaintiff
BLAKINGER, BYLER & THOMAS, P.c.
By: Susan P, Peipher, Esquire
Attorney LD. #87580
28 Penn Square
Lancaster, PAl 7603
(717) 299-1100
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SELECT SECURITY,
Plaintiff
v.
Docket No. 04-3634
STARNET ELECTRICAL GROUP,
Defendant
COMPLAINT
1. Plaintiff is Select Security, a Pennsylvania business with an address of P.O. Box
1707, Lancaster, Pennsylvania 17608.
2, Defendant is Starnet Electrical Group, believed to be a division of Starnet
Enterprises, Inc., ("Starnet"), a Pennsylvania business with a business address of I 845 Market
Street, Suite One, Camp Hill, Pennsylvania 17011.
3. On or about August 13, 2003, Select Security and Starnet Electrical Group entered
into an Installation/Services Agreement. A true and correct copy of the agreement is attached
hereto and incorporated herein as Exhibit "A",
4. Select Security contracted to supply alarm equipment and services in connection
with the final testing of a finished system at the Boyd Memorial Center for $8,53 I .46,
5, Select Security substantially completed the agreement by providing the equipment
requested.
6. Pursuant to the terms of the Installation/Services Agreement, if Starnet is more
than thirty days later with payment, Select Security can charge interest of up to I \1,% per month.
7. Pursuant to the terms of the Installation/Services Agreement, Select Security is
entitled to collect, in addition to principal and accrued finance charges, its reasonable collection
costs, including attorney's fees,
8. During the time of Defendant Starnet's purchases, Plaintiff maintained books of
account keeping an accurate and running account of all debits and credits for the sale of building
materials to Defendant Starnet. A copy of the written account as of February 25, 2005 is attached
hereto and incorporated herein as Exhibit "8".
9. Payments totaling $5,232.87 have been made by Starnet yet a balance of
$4,231.25 amount remains unpaid as of February 25, 2005.
10. Select Security has made demand upon Starnet Electrical Group to pay the full
amount due in the amount of $4,23 I .25, but Starnet Electrical Group has failed to make any
payment on the outstanding balance.
COUNT I
BREACH OF CONTRACT
I I, The averments of Paragraph I through 10 are incorporated herein by reference as
if set forth more fully herein,
2
12. Select Security and Starnet entered into a contract whereby Select Security would
furnish alarm equipment and do a final inspection and testing of the finished system for the price
of $8,53 I .46.
13. Starnet's failure to pay Select Security $4,23 I .25 constitutes a material breach of
the agreement.
WHEREFORE, Plaintiffrequests judgment in its favor and against Starnet Electrical
Group in the amount of $4,231.25 plus interest at a rate of 1 Yz% per month from February 25,
2005 torward plus court costs and attorneys' fees and any other relief this Court deems
appropriate.
COUNT II
UNJUST ENRICHMENT
14. The averments of Paragraph 1 through 13 are incorporated herein by reference as
if set forth more fully herein.
15. Plaintiff provided goods and services to Defendant.
16. Defendant has accepted and retained all benefits from the goods and services
provided to Defendant.
17. Defendant's acceptance and retention of the goods and services provided to
Defendant results in the unjust enrichment of the Defendant to the detriment of the Plaintiff in
the amount of $4,231.25.
3
WHEREFORE, Plaintiff requests judgment in its favor and against Starnet Electrical
Group in the amount of $4,231.25 plus interest at a rate of I y,% per month from February 25,
2005 forward plus court costs and attorneys' fees and any other relief this Court deems
appropriate.
Dated:
;1 J-I oS-
I I
BLAKINGER, BYLER & THOMAS, P.c.
'1m
By Jil\(:'{\G~~\~
Susa~ P, Peipher, Esq ire
Attorney LD. #87580
28 Penn Square
Lancaster, P A 17603
(71 7) 299-1100
Attorneys for Plaintiff
4
02/24/2005 12 28 FAX 7175081870
RlAKTNGFR.RYLFR&THOMAS
~ 003/00R
VERIFICA nON
T, Patrick M. Egan, verify that 1 am ilie President of Select Security and, as such, I am
authorized to make this verification on its bchalf and that the statements made in the foregoing
Complaint are true and correct. This Verification is subject to the penalties of 18 Pa.C.S.A. ~
4904, relating to unSworn falsification to authOrities.
Dated:~~~~/OJ~_
SELEg SECURITY
/
__~ t: ~-
,PiltrickU Egan, Pre'
5
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the Complaint in the above captioned matter
upon the following parties:
Service bv FIRST CLASS MAIL addressed as follows:
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.c.
1200 Camp Hill Bypass, Suite 205
CampHill,PA 170I1-3700
BLAKINGER, BYLER & THOMAS, P.c.
Dated:
J)j ;j.) tr;-
By:
Susan P. Peipher, Es uire
Attorney LD. #87580
28 Penn Square
Lancaster, PAl 7603
(717) 299-1 100
Attorneys for Plaintiff
6
------
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^
A
Tracking No.
Job No. (1~-::!f::-7tJ1I3
Select Security
INSTALLATION/SERVICES AGREEMENT
This Agreement is dated . It. $;- I ,.J~ .3"between Select Security, Inc. (the "Company") and you {the "Customer"), This
Ab'I'eement covers the system cscn e on tee e II e ot Inst ation or any sy~tem the Company takes over from another company (the "System") and
any services requested below for the System Address (the 'Premises") listed below. The Company hai'! written this Agreement in simple, easy-to-read
language because it wants the Customer to understand it. Please feel free to ask any questions.
CllSl'OMEU'S NAME
~~^}~T ELI;.~ &~PREMISETEI..cOIf(~1
"1l,,,"f) fI,\ E.n1a<? IAl C..-x.
/ft4~ ~'..r <;;~.....ET ::5w:rc. 1Yl/ rA--P //rl'; 1'4- /70//
SYSTEM ADDRESS:
HILLING NAME/ADDRESS:
TYPE OF ACCOUNT: r IConsumer Use ~AJmmercio1 or Bu~ine'l.. Use
INSTALlATION FEE:
F:~~ential Protection Fce
Premium Plnn Fcc
Additional Detection Fee
Take Over Fee
SEE ATrACRED scmmuU: OF INSTALLATION
RECURRING INVESTMENT:
TYPE OF MONITORING IlTelephone [ICellular flRadio Tl Other _
,
.
.
.
.
-
TOT~~dl;:~~;II"ee: \A~:~f'II~,;{~ :'~I~'\'~~~; ~5" 31. i.J.~
""1711"" .."""
F.quiprnl'nt depoaitl 50"} ll'ith m7lln7. $
Oue at day or Inatallation: $
First MonltoringPayment -.
.Method or PaYJR!:!lt' n ~ -J/
r::C Obeek-# CB"-bnsAmount $: o,...J31. 'YlICash $
credit Card (check only one),
[JVisa (IMC [I Discover
Card #
DigitnlMonltorlngFee
Other
[IOIC !ITRTIICell
1A:1l1l1l'Fee
Malnl.'nnnceFel'
IISt~ndnn:lMninlcn"ncc
I lPl"(>n'icrM"in!f>nIlTlrC
I IPer ('nil at Custom equest
.,
.,
1[1 1lQtr.llYear
IMont.lTlIQtr.llYear
_~____~IIIMonth llQtr.IIYear
$ IIIMonthllQlr_ltYcllr
$ IIIMonlhllQlr.IIYoor
$ Time&Mnterinl
All Fees Are In Advance All Follows:
[I Monthly (conllUmeronly) . (JQunrterly
[I Annually
Exp. Date:
Pennit "Ve..
If I"", ic/~"lif'im"nirip~Wv
[~o
~YI S7F"-Y- __._
Name M it appearll on credit card
rpIM..cPri"r;
The Following Specific TeMl1$ Apply Only If A Charge For Them Is Shown Above and They Are Requested Below
(IA. INs..T~~.IL~ The Company agrees to install the System and t.he Customer agrees to pay any installation fee. The Company assumes no
responsihility for any delay in installation. Customer warrants that it is the owner of the Premises or has full authority from the owner or other person in
control of the Premises to permit the installation of the System. Tn doing so, the Customer will not violate any other agreement. Company is authori:1:ed to
makf' any preparation such as drilling holes, driving nails, or making attachments or doing ot.her things necessary to perform the installation of the System,
Customer shall at it.. own expense provide llOVAC electric service, electric outlets, current through Customer's electric meter, and telephone lines,
Customer shall at its own expense make any repairs or changes to the Premises as requested by Company to facilitate the installation and operation of the
System, make allY repairs or changes to the Premises 88 requested by Company to facilitate the installation and operation of the System. The Customer
must pay all utility charges. The Customer agrees to obtain and pay for all permits and licenses, and to pay all taxes, fines and other assessments, including
sales tax.
The Cust.omer must notify the Company in writing of any problems within 30 days after completion of the installation.. The Customer must pay for any
additions or changes to the System beyond those shown on the Schedule of Instnllation.
(, 8. TAKE OVER. The Company agrees to take over the operation of the Cust.omer's existing System and the Customer agrees to pay the fee for taking
it over. The Customer represents that it owns the System, After the take over, the Company will always own th!' transmit.tingdevice, which contains the
ilf.,om any's proprietnry data. Customer agrees that Company is not responsible for any warranty or maintenance of Customer's existing system.
. SM-_~, The Company agrees to sell t.he System and the Customer agrel'!\ t,o pay for it.. The Company will own the System until the Customer does so.
.r that, the Customer will own the System except for the transmitting device, which contains the Company's proprietary data and which the Company
will always own.
11 D. LEAfS.E. (P.QES NOT APPLY TO CONS.UMER TRANSACTIONS.) The Company agrees to lease the System to the Customer for an initial
term of 5 Yf'lIrs from the installation date and the Customer agrees to pay the Company the lease fees. Aller t.he init.ial term, t.he lefIBe will automatically
renf'W for successive 5 year terms, The System will always remain the Company's property.
As soon liS t.he Company reasonably can, it agrees to repair the System due to ordinary wear and tear. If there is a problem with the System which is not
due to ordinary wear and tear, the Customer agrees to pay the Company to repair it at the Company's then.current charges.
At the !'nd of the l..ease, the Customer will return the System to the Company in good condition except for ordinary wear and tear. If the Customer fails
to do .'<0, t.he Company can peacefully enter the Premises and remove the System, but the Company has no ohligation to do so.
11 E.l\tONITORING. The Company agrees to monitor signals from the System for an initial term of5 years from the connection rlate of the syst.em to the
monitoring station. The Customer agrees to pay the monitoring fees. After the imtinl term, the monitoring services Will automal.ieally renew for successive
5 year terms, Customer shall pay the pro rata share of the monthly charge for the month in which the monitoring service commences.
Monitoring services consist of the receipt, analysis of and dispatch for response to signals originating from the System. The Customer agrees to give the
Compnny II eompleted information sheet and to updllte it as neceElsary. Once tho Compony receives II signal, the Company will try In notify, ovpr the re,l,'lllar
tolephonl' lines, the agem:y(s) and/or other persontsl ident.ified on the Customer's Emergency Notification List (t.he "List"). The Compuny is entitled to rely
solely on the List.. However, the Company will not notify anyone if it reasonably believes that notification is not required.
If the Company cannot connect the System to the telephone lines, then the Customer must contact the telephone company, which will install and bill the
Cuslnmer directly for any telephone lines or equipment.
The Customer understands that no form of monitoring is error-free. The Customer also understands that the Company is not responsible for any
interrupt.ion of service due to any cause beyond the Company's control, such as faulty telephone lines or any damage or destruction to the Company's
equipment or facilities. The Customer further understands that in the event the Customer's telephone service is out of order, disconnected, or otherwise
interrupted, signals from the System will not be receiverl in Company's monitoring station and the interruption will not be known to Company. Customer
also unden\tands that, at their option, they may be able to obtain additional services(sl to protect them if their telephone lines are cut, including the
instnllation of a line fault monitor, cellular backup, or long range radio, if such services are made available in their area. The Company is not required to
. " ~, ___L"_ _..~.. :_'_r~'_"~n ~nnt;nn..~ r"dnmPT 'wknnwl!'d.:.-ps and acreell that siJmal.. are transmitted over
(;ENEHAI. TKHMS.
I 1,IMITATlON OF THE COMPANY'S LlAHlLlTY. IF THE COMPANY IS FOlTND LIABLE F'onANY I,OSS on 0,\1\1AGI': lICE TO ITS
NE(;(,lGEI\'CE (l!{ TiiE-FAii:rjIli 1'6 -h,:ni,'oRM ITS OHLIl;,\TIONS IN THfS AfamEMENT, INCT,lJIHN(; MONITOHlN(; on
MAINTAINING TilE SYSTEM IN ANY HESPECT AT AIL, TilE COMPANYS M,\XIML'M LlAflIl,lTY WILl, BE $I,OIlO.on. TilE c,nMPANY
WILL ASSUME A GHEATEH LIABILITY, BUT ONLY FOR AN ADOITJONAI, CHARGE TO BE AGREEn UPON BY THE CLJSTO:\IER ANIl
THE CO;\-fPANY. IF' THF: COMPA!'.'")' DOES SO, A RIDER WILL BE ATfACHEO TO THIS AGREEMENT:
nH~ Co;\-1P1\NY F.XPRESSLY DENIES AI.L LIABILITY FOR ANY OTHER LOSS on DAMAGE WHICH MAY OCCUH 1'H10H TO, M: on
AFTEH Slf;NINfl TillS AmmEMENT. THIS INCLlJDF.S LIABILITY HASEn ON CONTnAC'I; TORT, NFXlr,HmNCE, WA(lRANTY
(INCI.U1HN(; MEHCHANTAHILITY ANO FITNESS FOR A PARTH.:ULAH PURPOSF.) ANn ANY OTHlm THEORY OF LIABILITY.
THIS F.XCLUSION SPEClnCALLY COVERS LIABILITY FOR; I.OST PROFITS; LOST OR DAMAGED PROPEHTY; LOSS OF USE OF'
l'ROPF.RTY OR THE PREMISES; GOVERNMENTAL FINF.S AND CHARGES: ^--,~n THE CLAlMS OF THIRD PARTIES. ALSO COVERED
BY THIS EXCLUSION ARE THE FOLLOWlNG TYPES OF UAI'tL\GES; DIHECI; INlHHECT, SPECIAL, INClImNTAL, CONSEqUENTIAL
(i)A:\1AGES THAT RESULT FROl\1 AN ACT, BUT DO NOT IJlRECTLY RELATE TO THE ACT) ANn 'pUNITIVE (IJA1'ttAGES USED TO MAKE
AN EXAMPI,E 01" SOMEONE).
2. Insurance, The CIJstonwr IInd"r~tand~ that THJ<; COMPANY (S NOT AN lNSUREH. The CIl~!()nw1' is n'_"ponsild" fop- nht"illing all illHlr'-lllel' Ihe
t:1J~IOlllel' th;nk.,,;~ n"('l'~~f\!'y. indlldilLg cov.-rngp for perRonal injury and propprty rbmflgp, Thp paympnts Ilw custom"r Tl1nkl'S IITHI('I' Ihi~ AI;l'\'f'llWnt al'"
not r"lal.,'d 10 t),,, vallJp ofth" Premisf's or thp Cllsloml'r's p(lsse~sion~ hul rfllher are has('a olllhp cost ofl)w S\','tt'm find tll<' C(plTlpan~,'s h.'rvi('l'h
TIll' ClIst"nwr ,-"I(';lS"S the Comp"ny from any liflhility for any event or t'QnditiOTl eoverpt! by Ihe ClI."tumt'I"s in~\lI'am'"
Th" Custompr undel'stflnds that thp Syskm i~ dp~igned to reducp, but not eliminatp, ecrtain ri~ks_ Thp Compan~' dnf'~ 1101 gUl1ranty Iha!l'tlle System will
pn'vt'nt per~(lnal injury. unaut.horized "lltr;lnce.~ or fire nnd smoke damage t.o the Premisps, The ComprlTlY ns~umes no liahilit.y fnr those risks.
:'I. IAmH!!~ Wm:nm!Y,.I :I' {\(..1
(r1lFlll' 9Jr,irlys r1'om I.hp da!.' wlwn 1.11[' Syst..m is suhslantially inslalkd, thp Company W"l'rants Umt ir any pillt or tin> Sy~I""1 dnt's 11,,1 work hecausp of a
d,'j'pl't61,,'l'''''sl' or onlinar:\' w,'"r nnd tellr. Ih.. Company will n'pllir or 1'eplncp that I'"l't :It nn l'l,argt1 tn I.h" C,,"tOTllPr, Th" Compnny mflY II."!"' n-conditiOlwd
p:lrt~ in makinj, '.Pl'nir~. hut 1.1", Cnmpnny "'"rrnllls 1.1", rpp!twf'nwnt pnrt" onl,Y ror th" r"lllnioder of II", wnlTflnty I'l'riod,
This limilPd "",rr:",t,. dol'S not. "IIV,"- di'p:lkh sl'rvicp, svs1.l'm,~ not in~tnllNI hy I.1w Compnnv {ir",lurling I'qTlipml'nt ndd('(l hI" 11", ('o"'prlll,\' 1<> ~ll('h syskmsl.
h"lh'ri..s in wirplt\~s dpvic('s, wiring:, or roillapc. 11. dops not apply if the Sy~h>m or 11ll' m"ll'rials hm'I'!wl'n dalllngpd hv ads 1,(',I'(\lId lilt' (',,,"p"II)"S conlrol.
Such flcts inclur1l' accirlent~, pow",r ~\lrge~, misuse. lack nfpl'!lper maintenaflct'. IInllulhori7ed changes or 'wts of(;od 1~'lTch as fin', nond, lightnil1g,
,,,.rthqlmkps,tornaons,e1e_'J
iI-' H(:ompany pl'l'rorm,' rppnir sen'l~p~, the Company wnrrnntA tl1(' mfltprials for fI perino of:\O dflYS fromthp datE' "fs,',",'i",,_ Company will repair or
,-,'p]:Ie(' allY dpf"ct.i.,.,' p'..rt at. 110 eh:lI'W' t.n till-' Customer, Th.. Compnny may use reconditioned part~ in making rppairs.
)'h,' C,,~tomf'r must notify tIll' ('(\ll1pflny of any prOll1elTI lIll' Cu~tnllll'r daim~ the ('ornpnl1v'~ limill'd warranly CO\',,!,S wil hill tl1(' wnrrnllly I"'rim!. The
('omp"oy wj1J wp,,;r th", pe"bll'm as ~o"n "" it ~A,q()nably can "rt,pr it.. receives Ih(, CII~tf)ml'r'~ nolil'e.
1(" Thi~ lirnit"d W!1rnlnty i~ U", only wnrrnnty lhp Company makps, iR mllde only if the C"mpllny p>:rfonns repair ~"r\'in's, anr1 tnkps th(' plnc[' "fnll other
\\':lrr:lnl.i"H wlll'tlwl' "-,pn.,s,~ or implie,!, NO F.XPRESS WARRANTIES EXTEND REYOND THE FACE OF THIS MamEl\1ENT, TIlE COMPANY
MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOH A PARTICULAR PUHPOSK
l'Iw Company dOPA no!, promiH' Umt Ihp Syslem or th[' services cannot be (Compromised or UllIl they will fllwa).s providp 111(' inl"IH.led sig"nr11illg", monitoring
or other sl'l'Vice, If a court dccidcs the Compflny hns givell the Cuslomer any implil'd .....arranl,v. it will extend nnly for tile Ipl1~lh of the limitl'!! warrallt,v
ppriod,
Some states do not allow limitations nn how longan implipd wal'rnnty lasts or the exclusion or Iimitnlion ofincidcntfll or COIlH('q1H'lltifll dmnnj..'l's. so th"
"hove Iimitalion or "xelu~ion mny not apply to t.he Cust.omer, Thi~ limited vmrrnnt,Y gives the CU,qtomer ~peeific legal rights. 'I'll(' Customer may nlAo h(lVf'
other legal right.s tlmt Vflry from ~tate to st.nte
4. CU!'ltqD1~J,:'sJJ_ot.~c.t.!'QIl_~fr9_II:IPJ!-rIY. This Agreement is intended only for the Cuslomer's hendit. Therefore, the Customer (l!-.'Tl,(,~ to
protl'l'l'imlpmni(v, dp('pnd and rp]pa~c 111(' ('ompflny and the COlllpflny'~ related Pllrti('s from liability flgflinstall third pflrty claims or losses linelllding
l'e>lsonnhlp nHorney's f"ps) brought against the Company which rebte to the System or the services Ihe Company provides. The (~ompflny's l'olntpd parties
inclllde the Company's employeps, ngpnt~ and i'uh('()ntrnclor~
This prol.ection/indemnity co\'ers cbims brought against thp Company by the Customer's insurance company. II. flho indurll's daims arising under contrad.
warmnly. Ilegligencp. ur any ot.her thwlry ofliilhility,
This nlso COWl's ilny damage. c1f1im 'n' loss .....hich may re~ull to Company, Customp!'. nr ;lny third party ifComllany enlpn 1.Iw Premi."('~ find turns off any
alldih1e alnrmA allpr heing instrlldl'd hy ClIstomer or any puhlic official or of'ficer to do ~o
Thf' Customer's duty to protccfindl'mnify the Company, how{~ver. does not apply to cbims hased on injuries 10 third part iI's or 10 tlwir property that
fltTIlIT"d while Ihe Company's employeei' wl'rp on thp Premisp.~ nnd which wer;~ cau~ed ~olely nnd dirl'c!ly by those ell1plo.l"es.
In flu' Cas!" orr,ny third party cbim ol'los, coverl'd hy Ihe Cuslom"r's insurance, the Cnstompr lIgrel's nol 10 look tn the C"nlpany nr the Compflny's I'platNI
prlT"li,'~ r'JI' I'l'TmbUl'sl't1ll'llt. TIll' ("lstC'lller waivl'~ any righls that thp Custonw!"s in~lIl'''I'eeCarrTer or others daiming-thrnllfr], tlH' C\ls(oJm-r may h:l\-('
ngainst thp (;omp:my or the Company', reIn led parties,
!'i The CUSI()llle"'_~ Agreements. The C\lstrompr hns thp allthority to sign t1,is Ai:."''''''''nt nnrl ill doing ~'" \\'illl"d. \';,,]r1l(' anI. ollH'T' ^gn"'l1ll'Tlt Tilt'
C\l~lmlwr :lgn"'A 1.0 give the CUJllpany !ll'Cl'SS 10 Ihe I'remisl's flS nppden to pprform (h" ~"n'icl's, lftll{' ClI"loTl1f'r I.oiv('s Uw COl1lpmll' kp\,,~ {o the Pn'm;',,'.
the Company will unt 1", 1i"hl~, rOt- llny d"m:lg"s cnusl'd by thp I"ss Dr theft. roflho~,' ],"ys_ Thl' ('lI~tonH'r is 110t. nWfl'-" of 11".\' h:.;",-,j;"Ts ;'nnditinlls on tl",
I'T'Pmii;P~_ Tlw CustonlPT' flg'-""~ 10 PIT'VPllt false n];lI'm~ nnd "SSHmt' rPEponsibility f.,r IIIl.tlt. lrtll!' Cmll[moy notilir., rIll' Cu"t"mpr "fr1111"lfllnctioll, Ow
C\T~t"II'!'I" will di~':nTHwl'l the Sy:,;km unlillhp (ompnny cnn J'p)lair it Thl' CIl~tnlT]('r will not lampr'l'or illll'rf"I'l' wilh till' S.l'~I"m, n'H' p"rmit !ptlH'r~' to do
so, TIll' ('lT~lpIlWr agr('Ps that flu' CnmpiHn. cnn r('('(,rd and \lSP all commlmirrdion~ wilh r,nYPI1t' at thp I'rrTl1is('s in Ilw 11"l'nwl ~Ollrs" "fll](' COlllpiltT\."
hllslrw."~_ I'h,' ('ll~t'nn"r willl('~I. t\lt' Sy~tpm nt ]l'flS!. nm'p (llllonlh as well as wl1t'1l ,:hangl's flrp mmll' to Its tl'l..ph!pnt, sysl"m nr lhp Pn'lnl'it's, '1'h,' '
('<T~tnnl<'r will inlHwdiately not;fy th,' (:nml':loy nflll1,Y prohll'rn~ with the Sy,t.l'm. The Cllstonlf'r ngTP('~ Ihat the ('OlllPIlI1,V er\TT makl' prngr:lm ehmwes 1.0 11w
1.'(.mp:ln\"~ propnetflry r!a1.alocn1pd in tll(' lransmilt.Tngdl'\'in'.
Th.. CII"lnnH'r wi)] prlY Ih" Cnmpnny itE IIH'n.c\ln"nt "harg{'s fu1' ,Ining aity w'nrk npt eo\'prNI hy 1 hi,s Agn'pmt'ut, inclurli'l!,:p".dng Ih" Comran~'~ ll1;nimlTm
"" 'ell'" ,'hr]] ,l':" ,ftlw C"Tl1llflTl)' cannot "nlpr I.he Pn'mISl'S al. the sc1wdulpd lime_ '1'1"., (\I'I(lnH'r'~ nhhgr11.rrllls c,'ntJnlU' 1'1".'11 II tll(' ClT~li1Inl'r ~{'lIs or Il"l\'P~ lh"
" UH"
-------
r h i I~ r
(t ,1],. ,0
SELECT SECURITY 8/3/2004
Register: 1200. Accounts Receivable
From 09/0112003 through 08/03/2004
Sorted by: Date, Type, NumberlRef
Date Number Customer MemolDescription Qty Rate Charge Paid Balance
--- --- ----"- ---
09/29/2003 1145 ST ARNET ELECT... 02-35-7003: 25% of... 2,132.87 2,132.87
11103/2003 1483 STARNET ELECT... 02-35-7003: partial... 5,798.59 7,931.46
11124/2003 FC 174 ST ARNET ELECT... Finance Charge 118.95 8,050.41
12/09/2003 12]7 ST ARNET ELECT... 2,132.87 5,917.54
12/15/2003 2024 ST ARNET ELECT... Service Order. L 262.50 6,]80.04
'2/1 6/2003 2033 ST ARNET ELECT... 02-35-7003: Sale of... 600.00 6,780.04
01/09/2004 FC241 ST ARNET ELECT... Finance Charge 141.88 6,921.92
03/24/2004 2998 STARNET ELECT... 262.50 6,659.42
04/14/2004 3108 ST ARNET ELECT... 3,100.00 3,559.42
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SELECT SECURITY,
Plaintiff
: IN THE COURT OF C MMON PLEAS
: CUMBERLAND COU TY,
: PENNSYLVANIA
v.
: NO, 2004-3634
STARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
PRAECIPE TO WITHDRAW/ENTER APPEARAN E
TO THE PROTHONOTARY:
Please withdraw the appearance of Francis E. Marshall, J ., Esquire as
counsel for Defendant Starnet Electrical Group, and enter the ap earance of
Mark K. Emery, Esquire,
Respectfully submitted,
By:
DATE: -; /1 3/;20c 'j-
Fra is . Marshall, Jr. Esquire
Su r e Court 1.0. #27 94
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-37 0
(717) 731-4800
LAW OFFICES OF MARK K.
By:
"",,/ ./'"" ~;
/ --0;:>;;>--:
ark K. Emery, Esquire
Supreme Court 1.0. No. 2787
410 North Second Stree
Harrisburg, PA 17101
(717) 238-9883
DATE: 1- {- 0 r-
c
r~:J
,.:::';J
~.:::.n
r.'
SELECT SECURITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,ipENNSYLV ANIA
v,
: NO. 2004-3634
ST ARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPON E TO THE
ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) D YS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
I
Respectfully submitted, I
LAW OFFICES OF MARK. 1. EMERY
By:
~ '7>?~ ;7-. <<--::.' ,
'/ ~ ~ . - -
./,' ," ,....- ...- "/ ----
.".".. ," ...__Ai .-' ---C~
Mark K, Emery, Esqui e
Supreme Court J.D. N . 72787
4 ION orth Second Stre t
Harrisburg, PA 17101
(717) 238.9883
Attorney for Defendan
DATE: "(- l-cJ~'
SELECT SECURITY,
Plaintiff
: IN THE COURT OF COM~ON PLEAS OF
: CUMBERLAND COUNTY,IPENNSYL VANIA
v.
: NO. 2004-3634
STARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
I
!
AND NOW COMES the Defendants, Starnet Electrical Group, by +d through its
Attorney, Mark K. Emery, Esquire and files this Answer and New Matter a~ follows:
I
I
I
Admitted. I
Paragraph 3 refers to writing which speaks for itself, therefore, all alerments in paragraph
3 are denied, I
Admitted. I
,
Denied. It is specifically denied that Select Security completed all its terms and
obligations under the Agreement. I
Paragraph 6 refers to writing which speaks for itself, therefore, all aterments in paragraph
6 are denied. I
,
,
Paragraph 7 refers to writing which speaks for itself, therefore, all ayerments in paragraph
I
I
,
I
Paragraph 8 refers to writing which speaks for itself, therefore, all ayerments in paragraph
I,
8 are denied,
ANSWER AND NEW MATTER
I.
Admitted upon information and belief.
2.
3.
4,
5.
6.
7,
7 are denied.
8.
9. Admitted.
10. Denied as stated. It is admitted that Stamet Electrical Group has not paid the full amount
of the invoice provided by Select Security. The reason for such is tl:1at Select Security
,
failed to perform in a reasonable and workmanlike manner and therpfore is not due the
full amount of its invoice.
COUNT ONE -BREACH OF CONTRACT
12,
Paragraphs I through 10 are incorporated fully herein by reference, I
I
I
I
I
,
I
I
,
WHEREFORE, Defendant respectfully requests judgement in its fa10r and against
I
,
I
II.
Denied as a legal conclusion.
13.
Denied as a legal conclusion.
Plaintiff.
COUNT TWO -UNJUST ENRICHMENT
14. Paragraphs I through 13 are incorporated fully herein by reference.
15. Admitted in part. Denied in part. It is admitted that Select Security did provide certain
goods and services to Defendant, however, it is denied that Select Sfcurity provided all of
I
the necessary goods and services. Further, such goods and services tere not provided in a
I
reasonable and workmanlike manner.
16. Denied. It is specifically denied that Defendant has accepted and re ained all benefits
from the goods and services provided to Defendant. On the contra , Defendant did not
I
obtain all of the benefits as would have been provided had Select S~curity performed its
I
duties under the Agreement in a reasonable and workmanlike manntr,
17, Denied as a legal conclusion. '
WHEREFORE, Defendant respectfully requests judgement ~ its favor and
i
against Plaintiff.
18.
19,
20.
21.
22.
23,
24.
NEW MATTER
Select Security's performance was deficient under the Agreement.
Due to Select Security's deficiencies, Defendant was required to ret~in another security
company to complete the project.
Defendant incurred a cost of $4,231.25 necessitated due to the deficjencies of the services
provided by Select Security. i
A"y ="nn' duo S,I"" S~""ly m"" be ~I-"fl-by"" -~ '",I""" by '''''coWmI
Select Security's claims are barred by Parole Evidence Rule. i
i
Select Security's claims are barred by the Statue of Frauds. !
!
Select Security's claims are barred by the Doctrine of Unclean Han1s,
Respectfully submitted, I
LAW OFFICES OF MARK ,. EMERY
I
/!
..A'" . ....)...] .,...- ...../.. ,~./<t-
". / //,/"" ...... .-,.
By: .' ;'7-;>'~r ~<".~~~.-_.-...-
Mark K. Emery, Esqui e
Supreme Court LD, N . 72787
4 I 0 North Second Stre t
Harrisburg,PA 17101
(717) 238-9883
Attorney for Defendan
DATE: '1- I' iJ')
Mar 30 05 12:44p
u~rL~/L~O~ !~;~_
St.arN@t Tfllchnolotie~1 Inc (717: 731-0790
~~~~b~a MARK KEMERY
".2
PAGE eo
VERIFICATION
I, Ronald Blystone. hereby verify thaI I have read the roregoin~ Answer
i
and New Matter and thalltle Information contained therein is true an~ correct to
the beat of mv knowledge, information IIIld belief. I underwtsnd that ~lae
statements herein are slA)ject to the penalties of 18 Pa,C.S, fi 4904 sting 10
unsworn falsification to authorities.
DATE: 3/u; 0 r
I
n
1nv~ IV' i' ~
onakt Blystone (' -I
!
CERTIFICATE OF SERVICE
AND NOW, this 1ST day of April, 2005, I, Mark K. Emery, ~squire do
hereby certify that I have served the foregoing Answer and New r\t1atter by
I
i
mailing a true and correct copy via United States first class mail, rddressed as
follows: I
I
Susan P, Peipher, Esquire
Blakinger, Byler & Thomas, P.C.
28 Penn Square
Lancaster, PA 17603
LAW OFFICES OF MARK K. MERY
By:
..... ///'
.' ~-?c,. ///
////' -i/Y .,2.-
Mark K, Emery
--------------- .
C"
-,
c.:.-."
-"
,
$PP:DHM 367923.1 {21970.013) 4/14/05
ORIGINAL
BLAKINGER, BYLER & THOMAS, P.C.
By: Susan P. Peipher, Esquire
Attorney J.D. #87580
28 Penn Sq uare
Lancaster, P A 17603
(717) 299-1100
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SELECT SECURITY,
Plaintiff
v.
Docket No. 04-3634
STARNET ELECTRICAL GROUP,
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
18. Denied, It is specifically denied that Select Security's performance was deficient
under the temlS ofthe agreement. Strict proof is demanded at triaL
19, Denied. Plaintiff lacks information sufficient to form a belief as to the truth of the
averments of paragraph 19 and, as such, such averments are denied, Strict proofis demanded attriaL
20. Denied, Plaintiff lacks information sufficient to form a belief as to the tlUth of the
averments of paragraph 20 and, as such, such averments are denied. Strict proof is demanded attriaL
21. Denied as a legal conclusion to which no response is necessary.
22. Denied as a legal conclusion to which no response is necessary,
23, Denied as a legal conclusion to which no response is necessary.
SPP,OHM 367923.1 (21970.013) 4114105
24. Denied as a legal conclusion to which no response is necessary.
BLAKINGER, BYLER & THOMAS, P.c.
Dated:~
II ~f}]~DL
By:
Susan P, Peipher, Esqu' e
Attorney J.D. #87580
28 Penn Square
Lancaster, P A 17603
(717) 299-11 00
Attorneys for Plaintiff
2
$PP:DHM 367923.1 (21970.013) 4(7105
VERIFICATION
I, Patrick M. Egan, verifY that I am the President of Select Security and, as such, 1 am
authorized to make this verification on its behalf and that the statements made in Plaintiffs Reply
to Defendant's New Matter are true and correct. This Verification is subject to the penalties of 18
Pa.C.S.A. S 4904, relating to unsworn falsification to authorities.
Dated:
'~r!13/[)S
f I
i
Patrick
~~::J~
-----
-
SPP:DHM 367923.1 (21970.013) 4/14/05
CERTIFICATE OF SERVICE
I hereby certify that 1 have this day served the Reply in the above captioned matter upon the
following parties:
Service bv FIRST CLASS MAIL addressed as follows:
Mark K. Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
BLAKINGER, BYLER & THOMAS, P.c.
Date:
YiILIJO\
BY~~
Susan P. Peipher, Esquire
Attorney J.D. #87580
28 Penn Square
Lancaster, PA 17603
(717) 299-1 100
Attorneys for Plaintiff
.....:=r
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"\"'f':.
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--
r:~
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--'
-
----
SPP:DHM 373556.1 (21970.013) 8/2105
BLAKINGER, BYLER & THOMAS, P.C.
By: Susan P, Peipher, Esquire
Attorney J.D. #87580
28 Penn Square
Lancaster, P A 17603
(717) 299-11 00
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
SELECT SECURITY,
Plaintiff
v.
Docket No. 04-3634
STARNET ELECTRICAL GROUP,
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Susan P, Peipher, Esquire, counsel for the Plaintiff in the above action, respectfully
represents that:
1. The above-captioned action is at issue.
2. The cJaim of the Plaintiff in the action is $4,231.25 plus interest at a rate of I v,%
per month from February 25, 2005 forward plus wurt costs and attorneys' fees.
The counterclaim of the Defendant is $0.
The following attorneys are interested in the case as counselor are otherwise disqualified
to sit as arbitrators: Susan P. Peipher, Esquire as counsel for Plaintiff.
Mark K. Emery, Esquire as counsel for Defendant.
Francis E. Marshall, Jr., Esquire as formal counsel for Df:fendant.
SPP:OHM 373556.1 (21970.013) 8/2/05
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Dated:
r;!d!('{S-
BLAKINGER, BYLER & THOMAS, P.c.
By o~
Susan P. Peipher, Esquire
Attorney J.D. #87580
28 Penn Square
Lancaster, P A 17603
(717) 299-11 00
Attorneys for Plaintiff
2
SPP:DHM 373556-1 (21970.013) 8/2/05
CERTIFICATE OF SERVICE
I hereby certifY that 1 have this day served the Petition for Appointment of Arbitrators in
the above captioned matter upon the folJowing parties:
Service bv FIRST CLASS MAIL addressed as follows:
Mark K. Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
BLAKINGER, BYLER & THOMAS, P.C.
q
b~I()S-
\
Date:
By:
Susan P. Peiphl:r, Esq ire
Attorney J.D. #87580
28 Penn Square
Lancaster, PA 17603
(717) 299-1100
Attorneys for Plaintiff
3
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qPPDHM 373556.1 (21970.013) 812105
BLAKINGER, BYLER & THOMAS, P.C.
By: Susan P. Peipher, Esquire
Attorney LD, #87580
28 Penn Square
Lancaster, PA 17603
(717) 299-1 100
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SELECT SECURITY,
Plaintiff
v.
Docket No. 04-3634
STARNET ELECTRICAL GROUP,
Defendant
ORDER OF COURT
AND NOW, this 3.!: day of ,1J:JjlJiJ r ,2005, in consideration of the
foregoing petition, J!,4--IL/d- )<I..~/}(' ~ , Esq" }d~ ~~
, .
, Esq., and ;i4..a a..6 ALU4*,dA'~~Sq., are appointed
arbitrators in the above-captioned action as prayed for.
By the Court,
PJ.
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yt
'7r'.l 1.\..1
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SELECT SECURITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-3634
STARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL
AND NOW, comes the Movant, Mark K. Emery, Esquire, and files this Motion
for Leave of Court to Withdraw as Counsel, as follows:
I. Movant, Mark K. Emery, Esquire, entered his appearance for Defendant on April
4, 2005.
2, During the courser of representation Defendant has wnsistently failed and refused
to communicate with the undersigned counseL
3. During the course of the representation, and up to th<e present time, Defendant has
not abided with its obligations under the representation agreement between it and
the undersigned counseL
4. Plaintiff has listed this matter for Arbitration, although an arbitration date has not
yet been set.
5. Based upon Defendants failure and refusal to respond to numerous attempts at
communication, the undersigned can not adequately represent Defendant at such
Arbitration, or otherwise fulfill his duty to Defendant.
6. Defendant has been advised that this Motion would be filed absent it responding
to communication and otherwise abiding with the telms of the representation
agreement.
7. The chair of the Arbitration Panel, Robert P. Kline, has been advised of the filing
of this Motion.
WHEREFORE, Movant respectfully requests this Honorable Court enter an Order
granting Movant leave to withdraw as counsel for Defendant.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
?~--?~~- --
Mark K. Emery, Esquire =="
Supreme Court LD. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Defendant
DATE: fJe-r-tl'l
2
CERTIFICATE OF SERVICE
AND NOW, this 29th day of August, 2005, 1, Mark K. Emery, Esquire do hereby
certifY that I have served the foregoing Motion for Leave of Court to Withdraw as
Counsel by mailing a true and correct copy via United States first class mail, addressed as
follows:
Susan P. Peipher, Esquire
Blakinger, Byler & Thomas, P.C.
28 Penn Square
Lancaster, P A 17603
and
Mr. Ronald Blystone
StarNet Technologies, Inc.
1845 Market Street
Camp Hill, PA 17011
LAW OFFICES OF MARK K. EMERY
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Plaintiff
$ECEIVED SEP 061005
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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v.
: NO. 2004-3634
STARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
RULE TO SHOW CAUSE
AND NOW, this r day of ~~
, upon consideration of
Movant's Motion for Leave of Court to Withdraw as Counsel, a RULE is issued upon all
interested parties to show cause why the relief requested therein should not be granted.
Rule returnable within 15 days of service.
Distribution:
~k K. Emery, Esquire
l,)l'6San P. Peipher, Esquire
~et Electrical Group
BY THE COURT
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2004-3634
STARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL
AND NOW, comes the Movant, Mark K. Emery, Esquire, and files this Motion
for Leave of Court to Withdraw as Counsel, as folJows:
I. Movant, Mark K. Emery, Esquire, entered his appearance for Defendant on April
4,2005,
2. During the courser of representation Defendant has consistently failed and refused
to communicate with the undersigned counseL
3, During the course of the representation, and up to the present time, Defendant has
not abided with its obligations under the representation agreement between it and
the undersigned counseL
4. Plaintiff has listed this matter for Arbitration, although an arbitration date has not
yet been set.
5. Based upon Defendants failure and refusal to respond to numerous attempts at
communication, the undersigned can not adequately represent Defendant at such
Arbitration, or otherwise fulfill his duty to Defendant.
6. Defendant has been advised that this Motion would be filed absent it responding
to communication and otherwise abiding with the terms of the representation
agreement.
7. The chair of the Arbitration Panel, Robert P. Kline, has been advised of the filing
of this Motion.
WHEREFORE, Movant respectfully requests this Honorable Court enter an Order
granting Movant leave to withdraw as counsel for Defendant.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery, Esquire .
Supreme Court LD. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Defendant
DATE: fi-J'1'dr
2
CERTIFICATE OF SERVICE
AND NOW, this 29th day of August, 2005, I, Mark K. Emery, Esquire do hereby
certify that I have served the foregoing Motion for Leave of Court to Withdraw as
Counsel by mailing a true and correct copy via United States first class mail, addressed as
follows:
Susan P. Peipher, Esquire
Blakinger, Byler & Thomas, P.c.
28 Penn Square
Lancaster, P A 17603
and
Mr. Ronald Blystone
StarNet Technologies, Inc.
1845 Market Street
Camp Hill, P A 170 II
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery
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SELECT SECURITY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2004-3634
STARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes the Movant, Mark K. Emery, Esquire, and files this Motion to Make
Rule Absolute, as follows:
I. Movant, Mark K. Emery, Esquire, filed a Motion for Leave of Court to
Withdraw as Counsel for Defendant on August 30, 2005.
2. Upon consideration of such Motion, the Honorable Kevin Hess issued a Rule to Show
Cause on September 8,2005. A copy of such Rule is attached and incorporated herein as
Exhibit "A".
3. All relevant parties, including both Defendant and Plaintiff's counsel, were served with
such Rule.
4. The Rule was returnable within 15 days of service, which time period has elapsed.
5. No interested party has filed a response to the Rule to Show Cause.
6. As no party has contested Movant's Motion to Withdraw as Counsel, the Motion should
be granted.
1
WHEREFORE, Movant respectfully requests this Honorable Court enter an Order
granting Movant leave to withdraw as counsel for Defendant.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
~~7
By:, /'...-t""""" ~..- .
Mark K. Emery, Esquire
Supreme Court J.D. No. 72787
410 North Second Street
Harrisburg, P A 17101
(717) 238-9883
DATE: September 26,2005
2
jRECEIVED SEP 062005
SELECT SECURITY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2004-3634
ST ARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
RULE T
AND NOW, this.$ day 0
upon consideration of
Movant's Motion for Leave of Court to Withdraw as Counsel, a RULE is issued upon aU
interested parties to show cause why the relief requested therein should not be granted.
Rule returnable within 15 days of s~rvice.
BY mE COURT
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Distribution:
Mark K. Emery, Esquire
Susan P. Peipher, Esquire
Starnet Electrical Group
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TRUE CO,"Y fROM RECORU
In . to lit lIlJ lIiIfW:
CERTIFICATE OF SERVICE
AND NOW, this 26th day of September, 2005, I, Mark K. Emery, Esquire do
hereby certify that 1 have served the foregoing Motion to Make Rule Absolute by mailing
a true and correct copy via United States first class mail, addressed as follows:
Susan P. Peipher, Esquire
Blakinger, Byler & Thomas, P.C.
28 Penn Square
Lancaster, P A 17603
and
Mr. Ronald Blystone
StarNet Technologies, Inc.
1845 Market Street
Camp Hill, PA 17011
LAW OFFICES OF MARK K. EMERY
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
t-\
v.
: NO. 2004-3634
RECEIVED SEP ~ j 7~:;1f'
STARNET ELECTRICAL GROUP,
Defendant
: CIVIL ACTION LAW
ORDER
AND NOW, this 12-' day of Oc-ill/o.../
, upon consideration of
Movant's Motion to Make Rule Absolute, it is hereby ORDERED that such Motion is
GRANTED, and Movant is granted leave to withdraw as counsel for Defendant
BY THE COURT
Djitribution
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.,.8Gsan P. Peipher, Esquire
Starnet Electrical Group
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Plaintiff
In The Court of Common Pleas of Cumberland
County, PemJSylvania No, 04 - J lc;!'4
5'5A0JE:\ ~)C.(\'- G..btG\'J6l
Defendant
Civil Action - Law.
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Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
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Signature
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
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lp ":l3)3, 55 , '5'1'0 AW~1) \~~>-Vl)es :3:o.\"~T, ~O"'T~ ~n
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. Arbitrator, dissents. (Insert name if applicable.)
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Date of Hearing: 'L CCT ~:;
Date of Award: 'l'L",c..r "Z.OO~
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Notice of Entry of Award
Now, the jJ.fl; day of (f)f7;..L. , ,20 0,)' , at '1:0'1 ,P .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 2'16. (]L)
By:
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BLAKINGER, BYLER & THOMAS, P,C.
By: Susan P. Peipher, Esquire
Attorney J.D. #87580
28 Penn Square
Lancaster, P A 17603
(717) 299-1 100
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
SELECT SECURITY
Plaintiff
v.
STARNET ELECTRICAL GROUP
Defendant
TO THE PROTHONOTARY:
No. 2004-3634
PRAECIPE
Please enter judgment on the arbitration award entered in this action on October 12, 2005 in
the amount of$7,313,55, and enter it in the judgment index against the Defendant, pursuant to the
attached Notice of Award.
Date:
111161Cf)
~:vr~~;s,PC
Susan P. Peipher, Esqui e
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Plaintiff
In The Court of Connon Pleas of Cumberland
County, pennsylvania No, 04 - 3l.c~LJ
'75'A(...;IJE:\ ~)C.f\\.... G.4.c,\;~
Defendant
Civil Action - Law,
Oath
We do solemnly swear (or affinn) that we will support, obey and defend the Constitution oithe United
States and the Constitution of this Connonwealth and that we will discharge the duties of our office
~elity.
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fl...'l."6aT fP )LL ItI.JC
Name (Chairman)
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City, Zip
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Address
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Award
We, the undersigned arbitrators, having been duly appointed and SWOIll (or affinned), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated,)
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i\; ~3r3, 5S , '5<\11) A-wM,J) \l:\t.I-V'i)E:S ::S:>\,~T, ~O"'T:; ~l>
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. Arbitrator, dissents. (Insert name if applicable.)
(~a1r ?~ ' Re.~
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Date of Hearing: 1'- <:X:j Z"C:;-
Date of Award: n_~\ ~'5.
(Chairman)
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Notice of Entry of Award
Now, the 1:2~ day of mfr.),..,. , ,20 Os'. , at 'I: () '7 , P .M" the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ ..210, ()1J
t~_ By
Depuiy
....., , ~...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
SELECT SECURITY
Plaintiff
v.
No, 2004-3634
STARNET ELECTRICAL GROUP
Defendant
NOTICE OF ENTRY OF JUDGMENT. ORDER OR DECREE
Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that
there was entered in this office today, in the above-captioned case -
[X] Judgment of$ 7.313.55
for Plaintiff and against Defendant.
[ ] Judgment for Defendantls and against Plaintiff/s.
[ J
Order or Decree in favor of
p~~
Dated: ,.z)OU
:::2 P .J {)d.. \'
I
By:
Copy to:
Starnet Electrical Group
1845 Market Street, Suite I
Camp Hill, PA l701l
#390322.1/21970.013