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Home My WebLink About05-0375 04HB-00148 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CIlMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OS - 37.5 c.~u~tT'8L,,"",\ 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. Alarm Path, Inc. MAG. DIST. NO. OR NAME OF D.J. District Justice Robert V. Manlov. o - 2 NAME OF APPELLANT ADDRESS OF APPELLANT 1515 Middle Country Rd. CITY Centereach STATE NY ZIP CODE uno DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) January 13, 2005 Zeplin's Security Group CLAIM NO. CV YEAR CV-0000552-04 L T YEAR Inc. ATTORNEY OR AGENT (Court ID 39126) This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. NO.1 0088. This notice of Appeal, when received by the District Justice, will operafe as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action belore district Justice, he MUST FILE A COMPLAINT within twenty (20) days after tiling his NOTICE of APPEAL. ;:'Ignafure 01 I"'rornonolary or uepury 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.1 001 (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 Zeplin's Security Group RULE: To Zeplin's Security Group Name of appel/ee(s) Donald , appellee(s) Name of appel/ee(s) (Common Pleas No. OS' -.:}'t t:; (!,~~b within twenty (20) days after service of rul l~ (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 certitied or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date:... b^\ ~d , Year ;)<Vl5 <--- "h1J." qSignf!.~fZ!J::::o~IJf!; 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 ; 55 AFFIDAVIT: 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) I year I 0 by personal service Dby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on . year _ , 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 abOlle Notice at 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 01 Affiant Signaturo of offiCial belate whom affidavit was made x:J0-iQ l[~ f!=- ~ l;J t; -- ~ ~ ~ ~ ~#l~ '" C".-) c::) c..r-; '- o -" "",:::;" Title of official My commission expires on , year f'.,' c) ---J (,j c:; 0', . COMMONWEALTH OF PENNSYLVANIA CaUcHY OF: CUMBERLAND 09-1-02 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS IzEPLIN I S SECURITY GROUP -, 2026 MARKET STREET PO BOX 144 ~P HILL, PA 17011' ~ VS. Mag_ D'$l No DJ Name: Hon ROBERT V. MANLOVE Add"" 1901 STATE ST CAMP HILL, PA T'''phM' (717) 761-0583 17011-0000 DEFENDANT: !ALARMPATH INC 1515 MIDDLE COUNTRY RD CENTEREACH, NY 11720 L NAME and ADDRESS -, ATTORNEY DEF PRIVATE : DONALD R. DORER SUITE 503 214 SENATE AVE CAMP HILL, PA 17011-2336 Docket No.: CV- 0000552 - 04 Date Filed: 11/10/04 , THIS IS TO NOTIFVVOU THAT: Judgment: ~ Judgment was entered for: , ~ FOR PT,ATNTIFF (Name) 7.RPT,TlJ'!'l !'lR~ITRTTV r.:ROTTP W Judgment was entered against: (Name) AT.ARMPATH TlJC in the amount of $ 6 11'1 "'0 on: (Date of JUdgment) 1/11/0"' . . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment . $ 6.015.00 Judgment Costs $ 116.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6.131.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~te ~ ""d'" ,-, ,.~ \,..\' ..~ ":'.... ""',. ,\....... ....... '.,. :-- '.~:::,~.l~ "-' ,~j~trict Justice '. .. -, My commission expires first Monday of January, 2006 AOPC 315-03 DATE PRINTED: 1/13/05 11:45:01 AM ZEPLIN'S SECURITY GROUP, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. : NO. 05-375 CIVIL ACTION - LAW ALARMPATH, 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 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 2 LffiERTY AVENUE Carlisle, PA 17013 (717) 249-3166 NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archhivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en coma de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso 0 notoficacion y pro cualquier queja 0 a1ivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUY A DIRECCION SE ENCUENTRA ESCRlT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE Carlisle, PA 17013 (717) 249-3166 ZEPLIN'S SECURITY GROUP, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 05-375 : CIVIL ACTION - LAW ALARMPATH, INC., Defendant. COMPLAINT AND NOW, comes the Plaintiff, Zeplin's Security Group, Inc., by and through its attorneys, Mancke, Wagner & Spreha, and files the following Complaint: 1. The Plaintiff, Zeplin's Security Group, Inc., is a Pennsylvania corporation having as a business address 2026 Market Street, P.O. Box 144, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Alarmpath, Inc., is a corporation having as an address 1515 Middle Country Road, Centereach, New York. 3. On or about 2002, Plaintiff and Defendant had an oral understanding whereby Defendant would supply to Plaintiff security systems, radios for purposes of providing security to clients, and also towers for purposes of transmission to use the aforemetioned radios. 4. In or about May of 2004, without notice to the Plaintiff, without explanation, Defendant had caused or allowed to have removed several towers that provided radio transmission service to the Plaintiff. 5. As a result of the removal of those said towers, the radios utilized by the Plaintiff in providing security to its clients, were rendered unusable and not effective. 6. In addition, the radios that were supplied by the Defendant unto the Plaintiff did not work, were not operable, and could not be utilized by the Plaintiff in his providing service to his clients. 7. Despite demands from Plaintiff to Defendant to cure and/or remedy this problem, Defendant refused and continues to refuse to address the concerns of the Plaintiff, i.e., the ineffective radios and transmission of those radio frequencies. 8. As a result of the aforementioned ineffective radios and/or ineffective transmission, Plaintiff incurred a loss in the amount of $6,015.00, which is as follows: A. $3,150.00 in labor from May until November 2004; B. $210.00 in parts; C. $1,530.00 for service calls and a technician to go in the field; and D. $1,125.00 for the service manager to research and determine the problem regarding the radios. -2- 9. Despite repeated requests, Defendant refused to cooperate with Plaintiff in curing the aforementioned problem causing Plaintiff to incur the aforementioned costs. WHEREFORE, Plaintiff requests this Court to grant judgment against the Defendant in the amount of $6,0 15.00, together with costs in the amount of $116.50, for a total of$6,131.50. Respectfully submitted, Mancke, Wagner & Spreha By /~ /, /" P ~er, Esquire , I.. #23103 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 Attorneys for Plaintiff Date: IJ,;,;,/ t/::r I -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~v/~.~ . (J DATE: t/r:<5/00 () C", ..,'i t,' - <-- .~"~ l,~,.) r-.) c:;:.> - -- ~, t'i Le' r;"1 f~Q -"q G"/ .....)J ) , -~ ",..., .0 I, '":~ ~,:; ..'- -" -~ , C) C,.) C', 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 thll notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CIlMBERLAND ; 55 AFFI DAVIT: I hereby swear or affirm that I served []I a copy of the Notice of Appeal, Common Pleas No. 05-375 . upon the District Justice designated therein on (date of service) January 25. ,year 2005 , Dby personall service []by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name Zeplin' s Security Group. Ine. ,on JanuaT! 25, . year _ 2005, D by personal service ~bY (certified) (registered) mail, sender's receipt attached hereto. [D: 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 January 25, , year 2005 , [] by personal service ~by (certified) (registered) .".-.,--~- ~ Cl!. R. .om, ..."'"......_ Court LD. 39126 My commission expires on .!). n ,year Zl ~ COMMONWr;ALH-I. OF PENNSYLVANIA Notarial Seal Elizabedl M. MacGee, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires Feb. 5, 2008 Member, De"l<)sylv~~fli&~\ssociation of Notaries "',. r~,.:~-.:-.:~,_ 'f':' , COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM Ct'!!:,: F -\ :.:(>'x~m"T{ DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICjT COMMON PLEAS No. C>5 .,...., 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. A7t'rm r'r:c:,~ Inc. MAG. DIST. NO. OR NAME OF O.J. 1)t~t:rj_rt .1ust1 ce R',nbert 0;7. ~'';anlov(! -(Y' NAME OF APPELLANT ADDRESS OF APPELLANT ~51~ M~dcl:e Country Rd. CITY Cf:3tereacb STATE 1\~ (DEFENDANT) ZIP CODE 1 J770 DATE OF JUDGMENT January 13, 2005 IN THE CASE OF (PLAINTIFF) Zeplin's Security Iroc. CLAIM NO. CV YEAR CV-llOOO55Z-ll4 L T YEAR R. Dorer, >squire (Co.lrt ID 39176) Do This block will be signed ONLY when this notation is required under PA. R.C.P.J,P. No. 10088. This notice of Appeai, when received by the Districf Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Ctaimant (see PA R.C.P.J.P. No. tOW (f#M'1i3fWon before district Justice, he MUST ~LE A CdMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. tgna reo ro 1!O~'YI!fI \epuy PRAECIPE..;rO ENTER RULE TO FII,.~OOMPLAINT AND RUI.~-T.o. FILE (This section of form to lje used,5;Nl.,Y ,,!a"l'~ap'g~~~nt~a~)?~~NDANT (see PA RC.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detac'h Irom'<1Opy Ol'nofic<l ofappeal'to be servedtpon appellee. .,-, "n' 'I' ",I]"-! PRAECIPE: To Prothonotary Enter rule upon Zeplin's Security Group , appellee(s), fa file a complaint in this appeal '_I . Name of~Hee(s) ': .'~" r I (Common Pleas No. (lS' _ )'j, <' e, ", h within twenty (20) days after service of ru~~rfu"er entrt offdgfent of non pros. If. rJ.;-Y, . i . i , ry0os1d R. Ooi~,:t:rei~a _~~orttcg~f~o~e~91~6) RULE: To .' Ie Z~lin',"."Secuf,+~r..qroup , " 'Name of appel/eefs) ,V:lnr .n,. ---.-"" , appellee(s) (1) You are notified that a rule is hereby entered upon you to fiie a complaint in this appeai within twenfy(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 no} file ,a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date bf sElrvice of this rule if service WIiI~ by mail is the date of the mailing. Date:.- b,) .,;{() , Year';'::;;C-Yl!:.' /J-_;, {J ,"", ~/}")/,-_- -' i 'i \ < {-. .. 'Sign~ture of P~othd(lota~_;r ~~;u7Y P-</{" Whrte Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Proth. - 76 ..,. i, 2, end 3. Also coinpl8Ie 411 fUUlmlN \leIMlrY 18 de8IrId. ... yOlw_end__on1he._ .:: _ll8I\ IllIum 1he card tQ ycu. . ..... this card tQ the beck of the mallp1ece, . on the fronlllllllllC8 permIla. t. .... 0.18-,_.__....." f1YES,eriIor_'llY~1lolDW: .. MIcIo- MIll JIiilum............""""..... o InlIInd MIll 1:1 Q.!).ll. JAN ;'5 7 4. _~"(&IIwFeo) c.. 04IJ&..-0(l148 WBtice of Appea.l/lalle t:o Pile eo.phl., .... Hi i i ill f ~~1_ .... 1, 2. ~ Also CQIl1IlIele . 411Fl1el1l1llW~l8~ . ... ~-8IlIl--on~- __ _ll8I\_ thecardtQ ycu. . iIIIllII!F,h this card tQ the back of 1/1& mallplece, .tMJn the fIIlnt lIl11l1lC8 permIla. l.,,_to: ...,1:rlCt: .J..:ice Robert: ItlU SUte :ll:reet: .. JUll.N. 17011 C AeonI C Add. - (J.- 'Ir!~~ _..........,1 c.. f1YES,_dIIh..y___ ONo .....- ~llan__Mbo/) , . N__~" i , 1 \i n 1\ 1 ~ \ !; i Ii!! ;,' l\: I 1\ ....MoI O_......far_~. o CAD. 4. ~t l.l...H)eltvery?~Fee) CYeiI l48 Ifot:iee of Appeal/ble to 1'118 1'....." . 1 ; 1l1~tH ! il\\H! \\ ! HI.III It l~p.Tli U 'H U U !, ~ IE.M..... 04HB-00148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarm Path, Inc. ZEPLlN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05 - 375 CIVIL TERM ALARM PATH, INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached l'rool oj Service of Notice of AD Deal and Rule to File ComDlaint, to be served by regular first class mail upon: Fred W, Zeplin, President Zeplin's Security Group, Inc. 2026 Market Street Camp Hill, PA 17011 I ~ 'l J. /1 ,I! i'i /l'f~ ), J / "'Bo'n'ald R. Dorell/Esquire Attorney for Defendant Date: Februarv 4.2005 04HB-00148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLlN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-375 CIVIL TERM AI"ARMPATH,INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the c1ai ms set forth in the following pages, you must take action within twenty (20) days after this Answer with New Matter of Defendant, Alarmpath, Inc., to Plaintiff's Complaint are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Answer with New Matter of Defendant, Alarmpath, Inc., to Plaintiff's Complaint or for any other claim or relief requested by the Plaintiffs and Defendant. 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 Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 04HB-00l48 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarm Path, Inc. ZEPLlN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05 - 375 CfVIL TERM ALARMPATH, INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, ALARM PATH, INC., TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Denied as stated. By way of further statement, the Plaintiff and Defendant entered into a written Dealer Registration Terms and Conditions agreement, signed by the Plaintiff on June 4, 2002, providing generally that the Defendant would provide certain radio units that would be connected to premise alarm systems. However, it is specifically denied that the Defendant entered into any agreement, written or otherwise, with regard to the providing of"... towers for purposes oftransmission to use the aforementioned radios". A true and correct copy of the executed Dealer Registration Terms and Conditions agreement dated June 4, 2002 is attached hereto as Exhibit "A", and incorporated herein by reference as if more fully set forth. 4. Denied. It is specifically denied that, in or about May of2004, without notice to the Plaintiff, without explanation, that Defendant had caused or allowed to have removed several towers that provided radio transmission service to the Plaintiff. 5. Denied. The Defendant is presently unable to form a belief as to the truth or veracity of all allegations deemed factual in nature in paragraph 5; therefore, such allegations are specifically denied with proof thereof demanded at time of trial, ifrelevant. 6, Denied. The Defendant is presently unable to form a belief as to the truth or veracity of all allegations deemed factual in nature in paragraph 6; therefore, such allegations are specifically denied with proofthereof demanded at time oftrial, ifrelevant. 7. Admitted in part and denied in part. It is admitted generally that the Plaintiff has issued "demands" to Defendant with regard to certain allegations as to inoperable or otherwise non-functioning radio units beginning in or about October of2004. It is specifically denied, however, that the Defendant" ,.. refused and continues to refuse to address the concerns of the Plaintiff, i.e., the ineffective radios and transmission of those radio frequencies". 8. Denied. The Defendant is presently unable to form a belief as to the truth or veracity of all allegations deemed factual in nature in paragraph 8; therefore, such allegations are specifically denied with proofthereof demanded at time of trial, if relevant. 9. Denied. The response to paragraph 8 is incorporated herein by reference as if more fully set forth herein. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. 2 NEW MATTER 10. Paragraphs I through 9 are incorporated herein by reference, and made a part hereof as if set forth in full. II. The Dealer Registration Terms and Conditions agreement executed by the parties on June 4, 2002, and previously attached hereto as Exhibit "A", provides that the Defendant shall not be liable for any consequential or incidental damages. Paragraph 9 of the Dealer Registration Terms and Conditions agreement provides as follows: The DEALER recognizes that there can be no guarantee that signals from SUBSCRIBER units will result in successful downloading to the CENTRAL STATION and that ALARMPATH WILL NOT HAVE ANY LIABILITY FOR ANY LOSS WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL INJURY, FLOOD, ETC. RESULTING FROM A CLAIM THAT THE NETWORK DID NOT PROVIDE WARNING. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE SPECIFIED WITHIN. IN NO CASE SHALL ALARMP A TH BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY THE NEGLIGENCE OR FAULT OF EITHER OR BOTH OF THEM. In consideration of the DEALER'S assumption of risks as provided herein and the limitation of service to be provided by ALARMPATH, and the limitation ofliability set forth in this agreement, the DEALER further agrees and contracts to limit the total liability of ALARMPATH to a maximum of$IOO.OO for any one claim and to an aggregate liability of $200.00. 3 12. The Dealer Registration Terms and Conditions agreement executed by the parties on June 4, 2002, and previously attached hereto as Exhibit "A", sets forth an indemnification agreement between the parties hereto, Paragraph 10 of the Dealer Registration Terms and Conditions agreement provides as follows: The DEALER agrees to and shall indemnify ALARMP A TH and save them harmless, jointly and severally, from and against all liabilities, losses, claims, suits, damages, judgments, decrees, costs, interest and expense including but not limited to attorney's fees, resulting in whole or in part from any claim, action or threatened action by any SUBSCRIBER, DEALER, or other third party. This provision shall apply to all claims, lawsuits or damages caused by ALARMP ATH's negligent performance, whether active or passive and to all claims based upon defects in design, installation, maintenance, monitoring, operation or non-operation of the alarm system, whether those claims be based upon negligence, active or passive, warranty, or strict or product liability on the part of ALARMPATH, its agents, or employees. The DEALER shall cany SUBSCRIBER and third party liability insurance in the amount of not less than $1,000,000.00 per occurrence, and pay the premiums for such insurance, that will protect the DEALER, and ALARMP A TH, from liability claims asserted by the customers and/or other persons in providing legal defense and paying any claims as a result of liability that may be incurred by ALARMP A TH in providing the service, whether by negligence or otherwise, The DEALER shall include ALARMPATH as additionally insured and shall on an annual basis provide ALARMP A TH a Certificate ofInsurance. The insurance must include the obligation to defend any actions brought against ALARMP A TH regarding the network services or equipment. If insurance is not provided, or the value is below $1,000,000.00 then ALARMPATH may stop accepting additional SUBSCRIBERS and terminate existing SUBSCRIBERS. In lieu of insurance, ALARMP A TH may provide network services to the DEALER at an amount per account to be determined at that time. 4 WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Date: February 24,2005 By: Donald R. Dorer, Esqui Attorney for Defendant Court LD.39126 ASSOCIATES 5 04HB.00148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLIN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05 - 375 CIVIL TERM ALARM!' ATH, INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant in this action, and is authorized to verifY that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: Februarv 2ft, 2005 /1 Ii i) / / / ~ onald R. Dorer, E uire Attorney for Defendant Court I.D. 39126 I'iIJUN. 4, 200214 3:03PM..M~ZEPLIN SECURITY ~. --. -~~~ .~y 'tloo~~uu~~u NO.719 P.2/2 PAGE 02 1$15 MIDDLE COUNTRy ROAD CENnJlUCff. NY 11720 J 1-8i6 ALAKMPATH \l,,*"m-'m) 1-110O.7/&-3292 (tAX) 631-6\lfi..ll00 (LOC,u,j WWW..._p*th....m ... ;~ " ~' ':;:~' ATEl?IlZU!:_/ '7 tJ / !.. FAX It: <2. O..J ..2.6L. P!i. f' k YO\lll 'IJ:MI'OIU.RY PIN IS nu: UST. BJorn or YOUR TnEPKONE I) E-MAIL F2-e-tOllt.J @,4~L..eO' , ..I~!.~ BUSINESS NAME: CONTAct PERSON: h ADDRESS: ~ O.;??> /'J&,e CITY: C. '/ TELEPHONE#tLlIY.-J10 L.'}-; /~ (f'1.F.ASE Non: YOUll. DE.U.E1t, IS YO\lll n::tEI'IWNE' LICENSE t FAX it DISTRIBUTOR ISBuea By (,,! "./ '.iti:; ,,' " ,~'~' ,;I.l ".1 , auSINESS NAME CON'rACl' PERSON ADDRESS CITYIST A TFJ ZIP .Ju'- PHONU ACCOUNT' SlCiN1NCllHE ACCEPTANCE llaDW CONS'IJ1UTES SIGN NAME HERE T YOU HAVE READ AND AOREE TO 'J1l1! TIlRMS AND CONPmoNS ON REAA OF TlilS PAOE. ~If! PRINT !'lAM!! lfJ!RE dte.ED 0. t TERMS AND CONDITIONS 1. DEFINITIONS ALARMPATH, INe. is the provider of the Wireless Alann Network services described herein. ALARMPATH, INC.. and/or its assigns, shall be referred to herein as "ALARMPATH". The lenn "SUBSCRIBER" shall mean the person or entity whose premise is using ALARMPA TH services. The term "DEALER" shall mean the entity which installs and services equipment at the SUBSCRIBER'S premise. The DEALER shall sell ALARMPATHNetwork services to SUBSCRIBERS. The term "CENTRAL STATION" shall mean the monitoring station responding to the premise alarm signal. 2. PURPOSE This agreement sets forth the lenns and conditions upon which ALARMPATH will provide Wireless Alann Network services to the DEALER. ALARMPATH is to receive radio frequency signals from wireless subscriber Wlit installed by the DEALER located at SUBSCRIBER's premise. ALARMPATH will process these received wireless alarm signals and relay certain specific signals to the DEALER's Central Station Digital Receiver. The relaying of these signals will be accomplished using Digital Dialer Emulation, whereby ALARMPA TH's automated processing system connects to the DEALER's Central Station Digital Receiver and downloads the codes designated by the DEALER. Identical repeated signals within a 15-minute period will not be downloaded. 3. BACKUP SECURITY It is understood that the service provided is that of wireless backup to an alarm system's telephone line based digital dialer. The DEALER acknowledges there are certain limitations in providing wireless signal services and such limitations are inherent with such wireless systems. It is recognized that RF interference may affect the transmission of a SUBSCRIBER's signal to receiving sites employed by ALARMPATH on occasion, and that damage could occur to these receiving sites, or other related equipment that could temporarily result in the absence of service. The DEALER asswnes and accepts such risk and the consequences of such and agrees to indemnify lmd hold ALARMPATH harmless from any and all claims, including third party claims as a result of the absence of service. 4. NOTIFICATION The DEALER shall advise anyone using this service at the time it undertakes to provide the service that there are certain Wlavoidable limitations in providing wireless signal services and such limitations are inherent with such systems and that ALARMPA TH does not insure, guarantee, or warrant to the DEALER or SUBSCRIBERS that by subscribing to this service the SUBSCRIBER's security system will fWlction as intended and that ALARMP A TH's service is being provided upon the express understanding and condition that ALARMPATH is not an insurer or guarantor of the performance of any security system and that it has expressly denied and disclaimed any representations or intent on the part of ALARMPATH that will enable the DEALER to provide a service that will meet any specific standard for a security system. The DEALER will have the SUBSCRIBER sign a "SERVICE DISCLOSURE" and maintain a copy in their file and send the original to ALARMPATH. Accounts, which do not have a signed disclosure may incur an additional cost of two times the monthly rate per month. 5. TERMINATiON It is understood that the DEALER may terminate this agreement at any time by giving 60 days written notice to ALARMPATH after terminating its SUBSCRIBERS or making arrangements for monitoring existing SUBSCRIBERS with ALARMPATH. The agreement may be terminated at ALARMPATH's option if the DEALER fails to pay the amount due ALARMP A TH on or before the fifteenth day of the month in which the service is being performed, or for any reason pursuant to the terms of this agreement. 6. PAYMENTS DUE Payments for ALARMPATH services are due in advance of the billing period in which the service begins. Late fees will be assessed at the rate of2% of the unpaid balance for unpaid services thirty days after the beginning of such service. In addition, if fees are not paid within 45 days of the beginning of the billing period., ALARMP A TH may collect its fees directly from the SUBSCRIBER. No cash refunds or credits will be issued. Individual SUBSCRIBER accounts that have been disabled may have the unused portion of service applied to the new SUBSCRIBER account ifit has been transferred, or applied to an existing account. 7. TAXES The DEALER shall be liable for any governmental taxes that may be assessed for the use of such service, whether based upon the rates charged herein or upon some other basis that may be used in calculating a tax liability. Such tax liability shall be in addition to the amount due based upon the rates set forth herein. 8. RESALE SERVICE ONLY ALARMPATH provides this service for RESALE ONLY, and requires a valid resale certificate Dr the states the DEALER has offices within. 9. LIABILITY LIMITATION The DEALER recognizes that there can be no guarantee that signals from SUBSCRIBER lttlits will result in successful downloading to the CENTRAL STATION and that ALARMPATH WILL NOT HAVE ANY lIABILITY FOR ANY LOSS WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL INJURY, FLOOD, ETe. RESULTlNG FROM A CLAIM THAT THE NETWORK DID NOT PROVIDE WARNING. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE SPECIFIED WITHIN. IN NO CASE SHALL ALARMPATH BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF TIllS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY THE NEGLIGENCE OR FAULT OF EITHER OR BOTH OF THEM. In consideration of the DEALER's asswnption of risks as provided herein and the limitation of service to be provided by ALARMPATH, and the limitation of liability set forth in this agreement, the DEALER further agrees and contracts to limit the total liability of ALARMPATH to a maximum of$IOO.OO for anyone claim and to an aggregate liability of $200.00 in anyone calendar year. 10. INDEMNIFICATION The DEALER agrees to and shall indemnify ALARMPATH and save them hannless, jointly and severally, from and against all liabilities, losses, claims. suits, damages, judgments, decrees, costs, interest and expense including but not limited to attorney's fees, resulting in whole or in part from any claim, action or threatened action by any SUBSCRIBER. DEALER, or other third party. This provision shall apply to all claims, lawsuits or damages caused by ALARMPATH's negligent perfonnance, whether active or passive and to all claims based upOn defects in design, installation, maintenance, monitoring, operation or non-operation of the alarm system, whether those claims be based upon negligence, active or passive, warranty, or strict or product liability on the part eX ALARMPA TH. its agents, or employees. The DEALER shall carry SUBSCRIBER and third party liability insurance in the amount of not less than $1,000.000.00 per occurrence. and pay the premiums for such insurance, that will protect the DEALER. and ALARMPATH, from liability claims asserted by the customers and/or other persons in providing legal defense and paying any claims as a result of liability that may be incurred by ALARMPATH in providing the service, whether by negligence or otherwise. The DEALER shall include ALARMP A TH as additionally insured and shall on an annual basis provide ALARMPATH a Certificate of Insurance. The insurance must include the obligation to defend any actions brought against ALAJU.APATH regarding the network services or equipment. If insurance is not provided, or the value is below $1,000,000.00 then ALARMPATH may stop accepting additional SUBSCRIBERS and terminate existing SUBSCRIBERS. In lieu of insurance, ALARMP A TH may provide network services to the DEALER at an amount per account to be detennined at that time. 11. INDEPENDENT AGENTS The DEALER and ALARMPATH are independent and shall not hold themselves out as the agent of any other party. 04HB-00148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLIN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05 - 375 CfVfL TERM AI,ARMPATH, INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy ofthe attached Answer with New Matter of Defendant. Alannpath. Inc.. to Plaintiffs Complaint to be served by regular first class mail upon: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PAl 711 0 I Date: Februarv 24.2005 ,') )/ '\ \_'" j Donald R. Dorer, Esquire Attorney for Defendant -r:::> 1- ~, ....., <:'" ~ c-:> (j1 -0 :s Q' .c..- CI 04HB-00148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLIN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 05 - 375 CIVfL TERM ALARMPATH, INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Answer with New Matter of Defendant, Alarmpath, Inc., to Plaintiff's Complaint, for the attorney's Verification that had been filed with the Court on or about February 25, 2005. Respectfully submitted, Date; March 7. 2005 By n d R. Dorer, Es 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 39126 Attorney for Defendant 04HB-00148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp HilI, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLIN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANfA VS. No. 05-375 CIVIL TERM ALARMP A TH, INC., DEFENDANT CfVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Herbert Krieger, President of Alarmpath, Inc., verify that the statements made in the foregoing Answer with New Matter of Defendant, Alarmpath, Inc.. to Plaintiff's Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsifications to authorities, -~._+( I i /~ Herbert Krieger, President Alarmpath, Inc. 2/rS J5 f / Dated: . 04 HB.OO 148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLlN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05 - 375 CIVIL TERM ALARMPATH, INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Substitute Verification to be served by regular first class mail upon: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, P A 17110 -- Date: March 7. 2005 Donald R. orer, Esquire Attorney for Defendant I'; \.~~', l ZEPLIN'S SECURITY GROUP, INe., Plaintiff IN THE COURT OF COMMON PLE S CUMBERLAND COUNTY, PENNS LVANIA v. NO.: 05-375 CIVIL TERM ALARMPATH, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, comes the Plaintiff and files the following Answer to Ne Matter. 10. No answer is required. II. It is admitted that this provision is contained in the Agreement, is expressly denied that it absolves the Defendant from liability for damages i . of action. 12. It is admitted that the dealer registration terms and conditions c tained in Paragraph 10 as set forth herein, however, it is expressly denied that this Para raph implies to the conduct upon which Plaintiffs Complaint is predicated against efendant. WHEREFORE, Plaintiff requests the Court to dismiss the New Matter Defendant. Resp~ submitted: / .. /P. Ric ID # 03 2233 North Front Street Harrisburg, P A 17 110 (717)234-7051 VERIFICATION I verify that the statements made in the foreg.ing document are true and correct. I understand that false statements herein are made subject to the penalties of 1 Pa.C.S. Section 4904, celating to un,wocn fal~on /~ to au tho i.ties. DATE: () ~ ,.;: .....,;,;", i~;;;:- {~-~~ -, C~;~~.- -!:"..l..,_ ..i'-t ' ):".. (~.:~ 2; - , ~ ~., C:::,'} = cr' :::r. S;; N N -0 ::J': w .. o 'Tl -1 ::I.,-r; rnp\ "\JlJ.i ~r\.... O() --:1..-" --,-- -(, (~)f;) /,.~ ~T\ ::!l J:5 -...;:. w '-" IN THE COURT OF COMMON PU:AS OF CUMBERLAND COUNTY, PENNSYLVANIA ZEPLlN'S SECURITY GROUP. INC, Plaintiff NO. 05 - 375 20 05 Civil Term vs. ALARMP A TH, Inc., Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be subsfantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Donald R. Dorer. ESQuire, counsel for the defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 6.131.50 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Donald R. Dorer, Esquire/Attorney for Defendant p, Richard Wagner, Esquire/Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. . Dorer, Esqui Court LD. 39126 Attorney for Defendant ORDER OF COURT AND NOW, , 20_, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above petition, Esq., and captioned action (or actions) as prayed for. By the Court, GEORGE E. HOFFER, PJ. 04HB-00148 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLIN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. os-:ns CIVIL TERM ALARMP ATH, INC., DEFENDANT CiVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Petition for Appointment of Arbitrators to be served by regular first class mail upon: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, P A 17110 Donald R. Dorer, Esquire Attorney for Defendant Date: August 2. 2005 ~ g 'J AJ * ~~ ~~ o ~~ ~ &-1- I"''':~ ("J g II <':..,fl .-t ~ ~i ~..'~ c: .. '_. (~'''; I W -r~c; t~_1 -.... """r1 t:? ".,;y; r ) -.--, -,> _J ":::; :...::,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ZEPLlN'S SECURITY GROUP, INC., Plaintiff NO. 05 - 375 20 05 Civil Term vs. ALARMP A TH, Inc., Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Donald R. Dorer. ESQuire, counsel for the defendant in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 6.131.50 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Donald R. Dorer, Esquire/Attorney for Defendant P. Richard Wagner, Esquire/Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. . Dorer, Esqui Court I.D. 39126 Attorney for Defendant ORDER OF COURT ~"i"",^Jf;E'~ / Esq., and , 20DS ~n consi4eration ofthe foregoing Esq., are appointed arbitrators in the abcJ e Esq., and captioned action (or actions) as prayed for. By the Court, GEORGE E HO "" , 0, o 1.0'\ ~" \ ~\ .p~ l \i, }-, , {; l \ \ ';\..... ,- ('.(' ,i '':'J z...'::;" " t'>,';~L .' "" ~'....) F:\FILES\OA T AFI LE\Mi~cellaneous\hadzeplinarbordeT Created 1/910621OPM Revised: 1110/06 924AM Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 92878 10 East High Street Carlisle, P A 17013 (717) 243-3341 ZEPLIN'S SECURITY GROUP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-375 CIVIL ACTION - LAW ALARMPATH, INC., Defendant ORDER AND NOW, this JfL daYOf~M. previously appointed as an arbitrator in ,2006, David R. Galloway, Esquire, who --......... the above captioned case, is replaced by was Hillary A. Dean, Esquire. Edgar B. Bayley, P. J. cc: ~ary A. Dean, Esquire ~onald R. Dorer, Esquire ~chard R. Gan, Esquire ~ ~owell R. Gates, Esquire ~Richard Wagner, Esquire ') '"Ii < :~~J r,~~'- C'! (,..."} c.::; ZEPLlN'S SECURITY GROUP, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ALARMPATH, INC., DEFENDANT : 05-0375 CIVIL TERM ORDER OF COURT AND NOW, this ~day of July, 2006, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Lowell Gates, Esquire, Chairman, shall be paid the sum of $50.00. Edgar B. Bayley, J. Lowell Gates, Esquire ~ ~ ?...//),()(, Court Administrator - pJ ~ ~ ~ <t' :sal ;!.-' _J C::::,) ;;:~,::~ r::: r J " .:::=J :_) ;1 .. u , . 04HB.00148 MANCKE, WAGNER & SPREHA P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Telephone Number: (717) 234-7051 Attorneys for Plaintiff ZEPLIN'S SECURITY GROUP, INC., PLAINTIFF VS. ALARMPATH, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, I'ENNSYLV ANIA No. 05-375 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: f~t: MA,"J'CKE, WAGNER & SPRERA er, sqUIre 2233 North Front Street Harrisburg, P A 17]]0 Telephone No. (717) 234-7051 Attorney for Plaintiff Court I.D. 23103 I. 04HB-00148 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Alarmpath, Inc. ZEPLIN'S SECURITY GROUP, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-375 CIVIL TERM ALARMPATH, INC., DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle. Discontinue and End to be served by regular first class mail upon: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, P A 1711 0 Date: Julv 11. 2006 Donald R. Dorer, Esquire Attorney for Defendant ""'-1 ",:..:, .. r-,_) (u-: i".) ,.',', c