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HomeMy WebLinkAbout06-7102 .II' 1 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT , '" COMMON PLEAS No. OlP -7/0:J. ~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. Cv - ODo 0 I1Y -0(0 This block will be signed ONLY when this notation is required under Pa. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. ZIP CODE {'7tJ 70 , . , "1e..~~C"t, ZA!'~tl Z-'ZA. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary 01' Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee. PRAECIPE: To Prothonotary Enter rule upon Zee,,1 ,,, '.5 Seeu (' ,...-{-'::Ie G('(juJ> r Name of appe eels) r (Common Pleas No. an _ 7/ Dd.- ~_) within twenty (20) days after service of rule or suffer en of judgment of non pros. ~Wc Ad4tM 1": W 0 ~s;gnature of appel/ant or attomey or agent appellee(s), to file a complaint in this appeal RULE, To 70:.,.", '.s 5 e c.... (', '+-j G r....., ~, appellee{s) , Name of appel/ee(s) r (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ~ J'), ,20~ ~~ r;~k~ Signature o(p on ry or Deputy YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTIC(E OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (to) DA YS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) ,20 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20_, Signature of official before whom affidavit was made Title of official My commission expires on ,20_, ~l ~ ~ ~ ~ ~ ~ ~ Signature of affiant (") ""-> c: = 0 <::::> ~ '" lA _.s: c::r. "Tl rk' O:i 0 :r:o . '\ ~ 2::r/.", I'"T1 c-) ~hi ~ ~~ :Z[,-_ en -" -..... ~ ; w 8g " :,;,- ,-. ..,e:". .__~ " :r:=R \ ,~~~) 3: 0- 0\ 70 ~ c11Tl 2: ?& " =< .t- o W -< ~ . ~ ~ "COMMONWEAL THOF PENNSYLVANIA COUNTY OF: ClJIIBBRLAJID NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE Mag, Dist. No,: 09,..1...02 PLAINTIFF: NAME and ADDRESS 'iBPL:IB. S SBCUB.:ITY GROUP 2026 KABEBT STREBT PO BOX 144 ~ B:ILL, PA 17011 VS. ...., MDJ Name: Hon, ROBOT V. 'IIABLOVB Address: 1901 STATB ST CAIIP B:ILL, PA .J TelephOne: (717) 761,..0583 17011,..0000 DEFENDANT: NAME and ADDRESS rzua.u.:I, ALa, BT AL. 3433 A S:IMPSOR FBRllY 1lD CAMP BILL, PA 17011 L ...., ATTORBBY DBF PRIVATB : ADAI[ T. WOLFB 2225 KILLDB:IOII BIIOLA, PA17025 Docket No.: CV,..0000174,..06 Date Filed: 7/14/06 .J At&t. .".'-_ ~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLA:IBT:IFF (Date of Judgment) 11/17/06 ~ Judgment was entered for: (Name) ZBPL:IR. S SBC1J1l:ITY GROUP ~ Judgment was entered against: (Name)ZDGAR:I, STBPIlAR:IB in the amount of $ 3,070. 00 o Defendants are jointly and severally. liable. o Damages will be assessed on Date & Time o This case dismissed without prejudice. I Amount of Judgment $ 2,962.50 Judgment Costs $ 107.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,070.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o Amount of Judgment Subject to Attachment/42 Pa.C.S.9 8127 $ , D Por:tion <,:>f Judgment for physical damages arising out of residential lease $ . . . ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERKOFTHE 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 I$SUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ;1,(\ "II ~,',l , , ~ ! \\" '"-.. , ,~\ .... ,0, J.I / ~.:.:. " ':....~,:~. ~"'" " l , /,>'/C:i r;', Date ' M;gis~~fiitpistricf'JJdge I c:'. ify.! ~t ~iS is a true.~~"j;~.~~~;!2!,~~#y.~e.din9.~'E~rt If.&lvent. j _ . II/I J!t;i.? Date /\}'f:tC,l', ("',,,./I~{I11.,e~ o!.:t,~,\~;(.,J , M\glslenEfI Dlsti1'tt Judge ! {' .' 1.'-, '. ';'0'., '.. " . I ~, · '.' 'J) . . My commission expires first Monday of January, 2012 AOPC 315-06 "'" . .to .. .. I . ~ . , '~EAL """,\ J", 't r t .'~ ~ t 'Y, DATB PR:IRTBD: 11/17/06 10:39:00 AM ~~ NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE ,... \ --cOMMO~WEALTH OF PENNSYLVANIA COUNTVPF: COIIBBRJ.qa) ,i~ Mag. Dist. 09-1-02 PLAINTIFF: NAME and ADDRESS ~BPLIR.S SBCURITY GROUP 2026 MAREBT STRBBT PO BOX 144 '~ BILL, PA 17011 VS. -, MDJ Name: Hen. ROBBltT v.IlUtLOVB Address: 1901 STAB ST ,.CAJIP,B::tLL,PA Tel~~h6n~' (717)'761-0583 .J DEFENDANT:' NAME arid ADDRESS fiUGUI, ALU, B'1" AL. , '3433 ASDlPSORFBUt'BD CUP BILL', PA 17011 L -, ADAK T. WOLFB 2225 KILLBIDIIUII DOLA, PA17025 Docket No.: CV-0000174-06 Date Filed: 7114/06 !\(!':I-' THIS IS TO NOTIF, VVOUT,", HAT: "'1\ .....". '" FOR "'PMZlftIFI' t', Judgment: ' '". , , '; " ~\ 11/1710~ ,,' [~l Judgment was entered for: " . , " ;\ '. '" " \ ZBPLI..S I(Da)e't!'Jud'pmeny SBCURITY GROUP ",j'",,,:,,.),,; (Name) ~ Judgment was entered against: (Name) ZUG.ARI, ALU in the amount of $ 3,070.00 D Defendants are jointly and severally liable. D Damages will be assessed on Date & Time D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,962.50 Judgment Costs $ 107.50 Interest on Judgment, $ .00 Attorney Fees $ .00 Total $ 3,070.00 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE, JUDGMENT IN THE CQURT OF COMMON PIrEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS~AND NO FURTHERpRbCES~'MAYBEISS4ED BY-THE MAGiSTERIAL DISTRICT JUDGE; UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS. ANYONE INtERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETILES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. \_, \ l' { 10 ~'!' ! ~ " ,. ;'. }", \. ('I " lit. ;01 \';'t'\". ' ~ '~ .:;."" ,.""',. ;.'" .,;...... / I ,~~'>\':.': " Datei M~~;~riaJ'District Judge, that this is a true andcorr~'ct ~py of 1heJ~ 01'd of'the proceedings c, tai~ifig.th~j(Jdgmeni._ // !i )/{~~:, Date'>'" ~ j~~i;i;"",)~"'~~f(:~'-'-;?~,;~::';:'~"'""'--"""""'~''.. ,~~~~fi;rors~ef '~Udge ./ ' '",,-, . . . , " , . ' ,','" My commission expires first Monday of January, 2012 AOPC 315-06 J:", "....~ "~r:;;6.L\ ' DATB PRIRTBD: 11/17/06 10:39:00 AM ~' - COMM~WEAL TH OF PENNSYLVANIA COUN~ OF: CUllBBJ1LAIID NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE ...- PLAINTIFF: NAME and ADDRESS ~BPLIB.S SBCURITY GROUP 2026 IDB1rR"l' SftBBT PO BOX lotot ~P BILL,.PA17011 VS. DEFENDANT: NAME and ADDRESS IZAJlGUI, ALU, BT AL. 3ot33.ASIIIPSOB I'BUYJlD CAIIP BILL,PA 17011 L -, Mag, Distillilo,: 09-1-02 MDJ Name: Hon, ROBBJlT V. IlUlLOVB Address: 1901 STATB ST CAIIP BILL, PA ..J -, ATTORRBY DBI' PRrvATB : ADAK T. WOLI'B 2225 KILLBIIJIXUX BIIOLA, PA17025 Docket No.: CV-000017ot-06 Date Filed: 7/1ot/06 THIS IS TO NOTIFY VOUTHAT: Judgment: I'O:R"a.ADlTII'~~ ". . ,i\'( ,.' (6~ettJJqgme'\t) - '1 ~ Judgment was entered for: (Name)' ZBPLI.. S SBCURITY GROUP ~ Judgment was entered against: (Name) ZAJlGUI PIZZA in the amount of $ 3,070. 00 o Defendants are jointly and severally liable. o Damages will be assessed on Date & TimA o This case dismissed without prejudice. 11/17/0$. ,., ~ . Amount of Judgment $ 2,962.501 Judgment Costs $ 107.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,070.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o Amount of Judgment Subject to Attathment/42 Pa.C.S. 98127 $ o Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RIGHT TQ APPEAL WITHIN 30 DAYS AFTER THE ENTRY .oF JUDGMENT BY FILING A NQTICE .oF APPEAL WITH THE PRQTHQNQTARY/CLERK .oF THE CQURT .oF CQMMQN PLEAS, CIVIL DIVISIQN. YQU MUST INCLUDE A CQPY .oF THIS NQTlCE .oF JUDGMENTITRANSCRIPT FQRM WITH YQURNQTlCE .oF APPEAL. EXCEPT AS .oTHERWISE PRQVIDED IN THE RULES .oF CIVIL PRQCEDURE FQR MAGIS~RIAL DISTRICT JUDGES, IF THE JUDGEMENT HQLDER ELECTS TQ ENT;ER THE,JUDGMENT IN THE ~QUR1 OF CQMMQN, P~EAS, ALL FURl)'IER PRQCESS MUST COME FROM. THE CQURTQF CQMMQN'~LEAS~ND t.lQF.U. RTHERpAJ)CESSjMAY BE ISS~D BY THE. MAGISTERIAL DISTRICT'JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE CQURT .oF CQMMONPLEAS, ANYQNE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FQR ENTRY .oF SATISFACTlQN WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTQR PAYS IN FULL, SETTLES, .oR .oTHERWISE CQMPLIES WITH THE JUDGMENT. ~ it'!" "t j ..,-- ~. ;' rf . , Ma,9isterial Dlstri9t'.:l.t,Jdge e. ord"ol the proceedings con~n~('I9~tt1~tfud~~t.'" ~,~~"~"f7""~~'~~~~'#o~~~~~I",..~..." :; _ :"l.. ..~.;;,!>I,. . , 'l1J.1~Pt-~,i~" J"Ma9'i,~ferral'pistrict Jydge:, : : ;; J -. Date I c,ertl>~~~'~th,~S is a true aptcorf~?~C1,~;~f {, hit iI D t . ..,,) .,'If. !'~''''ot' ,c" i;"'" "-i'~ _,-f;~' )~~.'" t!':'1 a e'/ ~..,t:f::'~-"~': -'!fJ,~ .".)- " tr ,+<.' ~ T I . AOPC 315-06 DATB PRIIlTBD: 11/17/06 10::otO: 00 .All .,..l. '. ,Ai r.' .-- "'~.',.. ...-.".". \, \'\,"SEAr:" \... .~ .... "''r.o,.} ,1- '~'\t: .."...~~ ~> J'.lJl;jt", _ _ ,\,,-,\. ";'.I"-"tH.,,\,~1.'~ . My commission expires first Monday of January, 2012 ';'" :'.(-'-: 'Ii" " ~'~, i :,~,')'J-"", '\!V",' ~; '1 {,...t':' . ~ -'!.~'.,..,' '~w''''-~ -- " . '"., PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ::t:hu.phu", ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served tit a copy of the Notice of Appeal, Common Pleas (Jo-, I O~upon the District Justice designated therein on (date of service) l)CU!/v1 ~ I€; , 20~, 0 by personal service riA by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name). ',k' G{u"~ ' on . by (certified) (registered) mail, DCUMkr IS' ,20~ 0 sender's receipt attached hereto. by personal service /), /" -.' ,A~'v / : / ! 17 I " /i; /" V '0' (1,' 1'..,/ ! i .'t,.~--~h"~ ~.( . - .', ti Signature of affiant J Signature of official before whom affidavit was made ,'j~QJl) ('"X~(.(~}.~., I Tit'eofoffi~ ~ My commission expires on PrtJ,g X ,20J1L. COMMONWEALTH OF PENNSYL V AN' A Notarial Seal Usa M. Ketterer. Notary Public City Of Harrisburg, Dauphin County My Commisslon Expires Aug. 30,2007 Member, Ptlnnll~vanla Association Of Notaries (') ,..., = 0 c: = -n <.."" <::ro j.J 1;':J' 0 ~:n ~C} r-1 .-::..-. C'"') m, ~;\ -om \..I," \.D :IJG _/ ;~6 ,.....:;; [ S ::b> ...,.- ~"t ~:'"' ,....--. ;:~A -n .2: -~ ~;;. (") ,-'. -m... );~ ~; C) 25m :3 ~ 0 :0 ... cr. -< ,( ------_._---'--_....,~_.---~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS .' NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Judicial District, County Of COMMON PLEAS No. Ol-., - -" D:J t'.u4 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. [V - Cl>o 0 17 t..j - DCa This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (s Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PaR. C.P.D.J. 1'Y9, 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 Z e p 1\ '"' ' 50 rc - '~ G ..> C,,-! Z I ('()Uf Name of a se(s) appellee(s), to file a complaint in this appeal (Common Pleas No. (4- 7/D;) Cw~ ) within twenty (20) days after servo ice of rule or suffer e..tn~., of judgment of non pros. 1--riJ/i , A j Signature of appellant or attorney or agent OelM -r: \.Nolk RULE: To Ler> J \ ~ (S Se c., ( \ +-/ , Name of appellse(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. G r c.JJ f ,appellee(s) "t ,_:...~,..,; ':_ ,'-,', " "',I, > ,_ (2) If you d()~ii~a ~o,,~nt.within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. .,~";"" ,~\. '" . (3) Th,~4~ of service of this ruie;t se,rvice was by mail is the date of the mailing. ik<v 13,.' fOD(., . , ,__"d'; ... y . ~f /.,. L" (... -'/ ~" (~ ~ - siI/rJure ortsr. ., ry or Deputy Date: YOU MUST.INCLUDE.cA COpy Of1'HE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. " , . . AOPC 312-02 '. ''\.. .. WHITE. COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE .-=l ;T cO ;T ru CI fTl CI ..D ;T cO Ir .-=l o Ir fTl o ..D .-=l ['- ()f.9 - 71 D1- Postage $ --- ----- -- -- --' ._-- ~ --_.- -~--..- ..-----. --~-- ---~. --- -.-- ---.- ---~ Certified Mail Receipt CertifiOd Fee Return Receipt Fee (Endorsement Required) Postmark Here D&1 Domestic Melli Only No Insurance Coverage PrOVided Restricted Delivery Fee (Endorsement Required) Certified Mall Receipt ~ ----.._w'__ _,__. ~ ____ _"'--_'___., .-,_"._.' ___ _._ ~__~ ~. ____ __.'"____...~_ _ __" _, ~_'__ ___ ___.__~ ____'__. __ ___.._ _ ____"_ Total Postage & Fees $ 4.lo L\ Sent To: Zep\ in'5 &:c.u.rd~ ~r()L)p ~OQ<O fY"IoR..ke.. + stce.e.. + Po ~--eox \Ll-4 Qa.rnp ~-h I" PA 1/011 PS Form 3800, January 2005 US Postal Service --.------------- Postage $ ;T fTl cO ;T Certified Mail Receipt Return Receipt Fee (Endorsement Required) CertifiGd Fee ru o fTl o ..D ;T cO Ir .-=l o Ir fTl CI ..D .-=l ['- Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 2-\-, {.o4 Sent To: ~ \-bn-able.. 't<ober+ v. man \O\1e.. \gO' ~ :si- C.amp H-LII PA )7011 OO!1lGstlC Mall Onl\ No Insurancp Coverage PlDvldecl PS Form 3800. January 2005 US Postal Service -"-,:..;,.,- --- _.-- - ----- - -- ------.- Postmark Here oCtJ Certified Mall Receipt ~ ZEPLIN'S SECURITY GROUP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 06-7102 CIVIL ACTION - LAW ALEX ZANGARI, STEPHANIE ZANGARI, and ZANGARI'S PIZZA. Defendants. 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 LIBERTY 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 conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previa aviso 0 notoficacion y pro cualquier queja 0 alivio 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, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 ZEPLIN'S SECURITY GROUP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, : NO: 06-7102 : CIVIL ACTION - LAW ALEX ZANGARI, STEPHANIE ZANGARI, and ZANGARI'S PIZZA, Defendants. COMPLAINT AND NOW, comes the Plaintiff, Zeplin's Security Group, by and through their attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint: 1. The Plaintiff, Zeplin's Security Group, is a corpomtion having as an address 2026 Market Street, Camp Hill, Cumberland County, Pennsylvania 2. The Defendants, Alex Zangari and Stephanie Zangari, are husband and wife, having as an address 3 Santa Maria Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The Defendant, Zangari's Pizza, is a business having as an address of 3433-A Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 4. On or about April 8, 2001, the Defendants Alex and Stephanie Zangari entered into an alarm system agreement with the Plaintiff, a copy of which is attached hereto, incorpomted herein by reference, and marked as Exhibit A, 5. On or about April 6, 200 1, the Defendant, Zangari's Pizza, entered into an alarm system agreement with the Plaintiff, a copy of which is attached hereto, incorpomted herein by reference, and marked as Exhibit B. 6, Pursuant to each of the agreements, the Plaintiff provided security service, an alarm system service, unto the Defendants pursuant to the terms of the agreements. 7. From the inception of the agreements until the current time, the Plaintiffhas incurred $3,070,00 worth of service to the Defendants pursuant to the terms of the agreements. 8. Despite repeated demands for payment, Defendants have refused to pay the same, 9. Plaintiff believes and therefore avers that the Defendants are obligated unto the Plaintiff in the sum ofS2,962.50, together with costs, for a total ofS3,070.00, as unpaid invoices under each of the two agreements marked as Exhibits A and B herein. WHEREFORE, Plaintiff prays this Court to enter judgment as against the Defendants in the amount of $3,070.00, together with costs. Respectfully submitted, ~..~"".. / . 'chard Wagner, Esquire I.D, #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: / J /1/ If'? / I -2- 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.A. Section 4904, relating to unsworn falsification to authorities. ~~~ DATE: J - Jd"- 200? . -r/l,/ n')."", U. /))_\ , 'J 97)-~d--7 79 If 57/-<9&(,/ Cell :;3' /0 I <g CJ. #/YYJ"~ This Agreement is dated _ 0 I , between ZEPLlN SECURITY GROUP, INC. (the 'Company") and you lthe "Customer"), This Agreement covers the stem listed on Schedule A or any system the Company takes over from another company (the "System") and any services requested below for the following location (the "Premises"). The Company has written this Agreement in simple, easy-to-read language because it wants the Customer to undersJ1:md it. Please feel free to ask any questions. INTENDING TO BE lEGALLY BOUND, WE BOTH AGREE AS FOllOWS: CUSTOMER'S NAME: 2-""A/tJ/!#,...;~J PREMISES: . _g ~~ /.~ /;.;// Purchase Price (sale only) Due at signing Due when the System is substantially installed Installation Charge (sale or lease) Due at signing Due when the System is substantially installed $ Take Over Charge (due at signing) $ Lease (1 st Payment) $ THE FOLLOWING SPECIFIC TERMS lA-F) APPLY ONL Y IF A CHARGE FOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW. DA. Installation. The Company agrees to install the System and the Customer agrees to pay the installation charge. The Company assumes no responsibility for any delay in installation. The Customer must pay all utility charges. The Customer. must notify the Company in writing of any problems within 30 days after the installation. The Customer must pay for any ~dditions or changes. to the System beyond those shown on Schedule A. B. Take Over. The Company agrees to take over the operation of . t e Customer's existing System and the Customer agrees to pay the charge for taking it over. The Customer represents that it owns the System. After the take over, the Company will always own the transmitting device, which contains the Company's proprietary data. o C. ~. The Company agrees to sell the System and the Customer agrees to pay for it, The Company will own the System until the Customer does so. After that, the Customer will own the System except for the transmitting device, which contains the Company's proprietary data and which the Company will always own. o D. ~. The Company agrees to lease the System to the Customer for an initial term of years from the date of this Agreement and the Customer agrees to pay the Company the lease fees. After the initial term, the lease will automatically renew for successive similar terms. The System will always remain the Company's'pr'operty. As soon as the Company reasonably can, it 'agrees to repair the System due to ordinary wear and tear. If there is any problem with the System which is not due to ordinary wear and tear, the Customer agrees to pay the Company to repair it at the Company's then-current charges. At the end of the Lease, the Customer will return the System to the Company in good condition, except for ordinary wear and tear. If the Customer fails to do so, the Company can peacefully enter the Premises and remove the System, but the Company has no obligation to do so, At the end of the initial lease term, the Customer may purchase the The Company will provide all labor, material and parts necessary ist..e.m. by paying the. Option Pri~e. For more information, refer to the tached Lease Information Form. to service the System due to defects in the System and ordinary wear and tear. The Company will do so as soon as it reasonably can. The , E. Monitoring. The COl]Pany agrees to monitor signals from the Company's obligation to provide this service does not cover batteries System for an initial term of fL years from the date of this Agreement. in wireless devices. THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A COpy OF THIS AGREEMENT AND ALL ITS ATTACHMENTS. THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THIS AGREEMENT , ESPECIALLY THOSE SECTIONS ON THE REVERSE SIDE RELATING TO ITS PROTECTION OF THE COMPANY AND THE COMPANY'S LIMITED LIABILITY AND WARRANTY, (CONSUMER TRANSACTIONS ONLY) YOU MAY CANCEL THIS TRANSA~TION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. PLEASE SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT, CUST MER: TYPE OF ACCOUNT: L Consumer Use _ Commercial or Business Use ESTIMATED INSTALLATION DATE: CHARGES AND FEES: $ J4~ , ,'" $ $ $ $ BILLING ADDRESS: ~IU.,S. ~ >J':pti {A~I . I TELEPHONE: ( ) TYPE OF MONITORING: I _ Radio _ Other: TelephoRe _ Cellular Lease Fee Monitoring Fee Other $ ,/month ./ $~~ Imonth $ Imonth $ Imonth Repair Fee (beginning after the Limited Warranty ends) Total All fees are due in advance as follows: _ monthly _ quarterly Option Price lfor purchase of System at end of the initial lease Term) $ Imonth _ annually $ The Customer agrees to pay the Company the monitoring fees. After the initial term, the monitoring services will automatically renew for successive similar terms. Once the Company receives a signal, the Company will try to notify, over the regular telephone lines, the agency(s) and/or person Is) identified on the Customer's information sheet. However, the Company will not notify anyone if it reasonably believes that notification is not required. The Customer agrees to give the Company a completed information sheet and to update it as necessary. The Company is entitled to rely solely on the Customer's information sheet. The Company is not responsible for trying t,o contact anyone eise. 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 Customer 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 interruption of service due to any cause beyond the Company's control, such as faulty telephone lines or any damage or destruction to the Company's equipment or facilities. The Company is not required to supply monitoring service to the Customer while such interruption continues. If the Customer requests, however, the Company will give the Customer a pro-rata refund if the interruption lasts more than 24 hours and is due to any damage or destruction to the Company's equipment or facilities. o F. &wUr. The Company agrees to provide repair service to the System for an initial term of years after the end of the Company's Limited Warranty and the Customer agrees to pay the Company the repair fees. After the initial term, the repair services will automatically renew for successive similar terms. The Customer agrees not to allow anyone besides the Company's employees or agents to repair the System. ZEPLlN SECURITY GROUP, INC. ~/ By: Authorized Representative GENERAL TERMS. 1. LIMITATION OF THE COMPANY'S LIABILITY. IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE ORTHE FAILURETO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE $750.00. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER , AND THE COMPANY. IF THE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 2. Insurance. The Customer understands that THE COMPANY IS NOT AN INSURER. The Customer is responsible for obtaining all insurance the Customer thinks is necessary, including coverage for personal injury and property damage, The payments the Customer makes under this Agreement are not related to the value of the Premises or the Customer's possessions, but rather are based on the cost of the System and the Company's services. The Customer releases the Company from any liability far any event or condition covered by the Customer's insurance. The Customer understands that the System is designed to reduce, but not eliminate, certain risks. The Company does not guaranty that the System will prev.ent personal injury, unauthorized entrances or fire and smoke damage to the Premises. The Company assumes no liability for those risks, 3. Limited Warranty. (a) For 12 months from the date of this Agreement, the Company warrants that if any part of the System does not work because .of a defect or because of ordinary wear and tear, the Company will repair or replace that part at no charge to the Customer, The Company may use reconditioned parts in making repairs, but the Company warrants the replacement parts .only for the warranty period. This limited warranty does nct cover batteries in wireless devices, nor does it apply if the System has been damaged by acts beyond the Campany's control. Such acts include accidents, power surges, misuse, lack of proper maintenance, unauthorized changes or acts of God (such as fires. earthquakes, tarnados, etc,), The Customer must natify the Company of any problem the Custamer claims the Company's limited warranty covers within the warranty period. The Company will repair the prablem as soan as it reasonably can after it receives the Customer's natice, (b) This limited warranty is the only warranty the Company makes, is made only if the Company installed the System, and takes the place .of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT, THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the services cannot be compromised or that they will always provide the intended signaling. monitoring or other service, If a court decides the Company has given the Customer any implied warranty, it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages. so the above limitation or exclusion may not apply to the Customer. This limited warranty gives the Customer specific legal rights. The Customer may also have other legal rights that vary from state to state. 4. C!l~Q!M[.liP.rmectlon QtCQrrlP.!my, This Agreement is intended only tor the Customer's benefit. Therefore, the Customer agrees to protecV indemnify, defend and release the Company and the Company's related parties from liability against all third party claims or losses (including reasonable attorneys' fees) brought against the Company which relate to the System Dr the services the Company provides. The Company's related parties include the Company's employees, agents and subcontractors. This protection/indemnity covers claims brought against the Company by the Customer's insurance company. It also includes claims arising under contract, warranty, negligence, or any other theory of liability. The Customer's duty to protecVindemnify the Company, however, does not apply to claims based on injuries to third parties or to their property that occurred while the Company's employees were on the Premises and which were caused solely and directly by those employees. In case of any third party claim or loss covered by the Customer's insurance, the Customer agrees not to look to the Company or the Company's related parties for reimbursement. The Customer waives any rights that the Customer's insurance carrier or others claiming through the Customer may have against the Company or the Company's related parties, .5. I.he Customer's Agreements. The Cuslomer has the authority ta sIgn thiS Agr~ement and in doing so will not violate any other agreement. The Customer IS not aware of any hazardous conditions on the Premises. The Customer agrees to prevent false alarms and assume responsibility for them. If the Company notifies the Customer of a malfunction the Customer will disconnect the System until the Company can repair it. ,The Customer will not tamper .or Interfere with the System, nor permit others to da so, The Customer agrees thatthe'Company can record and use all communicatians with anyone at the Premises in the normal course of the Company's business. . The Customer will test the System at least once a month, as well as when changes are made to its telephone system or the Premises, The Customer will immediately notify the Company of any problems with the System, The Customer agrees that the Company can make program changes to the Company's proprietary data located in the transmitting device, The Customer will pay ~he Company its then-current charges for doing a~y.work not ~overed by ~hls Agreement, including paying the Company's mInimum service charge If the Company cannot enter the Premises at the scheduled time, The Customer's .obligations continue even if the Customer sells or leaves the Premises, 6. Ib!l Customer's Default. If the Customer fails to perform its obligations, the Company will give the Customer written natice of default. If the ,?ustomer does not fix the default within 30 days, the Company can end thIS Agreement. If the Company ends this Agreement, the Customer must pay the Company: (a) all amounts then due; (b) 80% of the amount due the Company for the remainder of this Agreement (as an agreed- upon amount of damages and not as a penalty); and (c) the Company's reasonable collection costs, including attorney's fees. If this Agreement is ended, the Company does not have to provide any service, including monitoring, after that date. In addition, the Company can peacefully enter the Premises and remove its equipment. If the' Company waives any default by the Custamer, that does not mean the Company waives later defaults. Any waiver by the Company must be in writing, The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease. The Customer must return such property if it does not fully pay for it. If the Customer does not return such property, the Company will ask a court to force the Customer to do so. The Company has the rights of a secured party under the Uniform Commercial Code. 7. System Charges. The Customer agrees to .obtain all licenses and pay all taxes. fines and other assessments, including sales taxes, The Company's fees are based upon existing taxes and charges, and the Company can increase the Company's feas to reflect changes in these taxes or charges. After the first year of this Agreement, the Company can increase the Company's fees by an annual amount up to 10% or the annual percentage increase in the Consumer Price index, whichever is higher, in addition to any increases due to taxes or charges, If the Customer is more than SO days late with payment, the Company can charge the Customer interest up to the highest rate allowed by law. In addition, the Customer agrees to pay the Company's reasonable collection costs, including attorneys' fees, and a reasonable reconnect fee if the Company has disconnected the System. 8. Transfers. The Customer cannot transfer this Agreement without the Company's consent. However, the Company can transfer this Agreement or subcontract its obligations without the Customer's consent. If the Company does so, anyone to whom the Company transfers or subcontracts its obligations will have all of the Company's rights, The Company is not responsible, however, for any work, including monitoring, which is done negligently by any third party. 9. Notices: Limitation on Lawsuits; Jl,lryTrial. Unless otherwise indicated, all notices must be in writing. The Customer or the Company may end any portion of this Agreement by notifying the other party at least SO days prior to the end of the then-current term. It is critical that the Customer give any termination notice in a timely manner. The Customer must bring any claim against the Campany within 1 year after the claim arose, If the Customer does not, the Customer has no rightta sue the Company and the Company has no liability to the Customer for that claim, It is critical that the Customer bring any claim in a timely manner. The provisions of this Agreement which apply to any claim remain in effect even after this Agreement ends. THE COMPANY AND THE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL 10. Mlscellaneous._ This Agreement contains the entire understanding between the Customer and the Company and replaces any other documents or discussions the Company previously had with the Customer. This Agreement is not binding on the Company until the Company or its authorized agent signs it or begins installation or service. This Agreement is governed by Pennsylvania law. If the Company does not approve this Agreement, the Company's only .obligation is to refund any payments the Customer has made. Any equipment or services the Company pravides to the Customer in the future are subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both the Customer and the Company sign, If any pravision of this Agreement is found to be invalid, the remaining provisions are still effective, The word "including" means "including without limitation:' Except for monitoring. the Company will only do work during the Company's normal business hours of 9:00 a,m, to 5:00 p.m. on weekdays, excluding holidays the Company observes, All schedules and attachments are a part of this Agreement. S.'l 'I', , '. ..... ....... .../i)' . "ALARI\I1SYSTEM AGRE.EMt;NT. .' ;, . . T~is Ag~eemeniisda!ed .... )~~f.i.;,IJ(.'.' Cc: .... ..,;/~~'Q I betweenZEPLlN SECl!RITY (~ROU.PiINC;(the"~omparlYnand you (the "Custom,?r. ). ThIs A~r~ementcov!'lrsthe system II,sted. on~ch:Eldule Aor ar'iY systeri} 'the Companytakes,over,'fr91l1 another company (the System ) anda~yserv,lces re~~~stedbel,ow fCJrthefollowin~l~cation (theUPr~rn.ises"):The 'Cori'1parti(- haswrittElri 'this Agreemenfihsimple, easy,to-readlang~ageb~cause.lt wantsthElCustom~rtolir1derstC!nctit.PI~asefee!'freeto askiariyqti~stions; "., "_." - ' .' INTENDING TO'. BE LEGALLY BOUND.. WE BOTHAGREEASPOlLOWS:, CUSTQMER'$ N'P.fME: PREMISES: ;3'/6!//9:3'; #2. ...., . - . ,/'..... ", " '," -' " - -' :, -. . - -'.. ",- ,', - ,,' TYPE OF ACCQUNT: '. ..'.. .'. · Consumer Use ........ .....,. .'........ '. .. Jco~m"';" or "",;n." u,. ESTIMATEDINST ALLATION DATE: CHARGES AND FEES: alLLlNG .,. ADDRESS: Purchase Price (sale only) $ '1rt:J?7.. .' Due at signing $ ,2J:'::fI. ~~7 -"If Due when the System is substantially '._ ) installed $..;.;1;7". , Installation Charge (sale or lease) $ Due ats;gning $ Due When the Systeniissubstantially All fe'es are due in adva1c::easfollows: installed.' , _ monthly ~quarterlY Take OverCharge (dUe at signing) ",OptionPrlce(forpurcha~eof$y#em , Lease (1stPaymentl .'. . '.> .,$. .......'...... ".'. .... .......,.,.. .at~ndofthlji"(tillll~:aseTermj$ THE FOLLOWING SPECIFICTERiVlsIA"F) APPLY, ONLY .IFA. C~ARGE:FORTHEMlS SHOWNABOVE~NDTHfV"ARERECi.UEstED BELOW. DA.lnstanation. The Company agrees to instan"the System.. and ThElCus~orneragrees topaytf1~rCdmpahY the ~i,riit()~lngfe~S~ Atter the Customer. agrees, to pay the installation qharge. TheCorTlpany the initial term, the inonitoringservices willautomaticallyren~,w :tor assumes no responsibiliW>for any delay in installation. The Customer successivesirtlilarterms.' , '. , . . , I must pay all utility chargeS. The Customer: must notify the Company inv.'dtingofany pl'dbl~ms within 30.' days <!fter,.theinstallation.. The Customer must 'pay 'for any additions or changes. to the System beyond-those ..' shoWn on Schedule A. o B. TakeOver. The Co,r:npany agreesto t~ke over the operation, of ' the Customer's existing System andtheCw;tomera9rees:top~~ the charge for takingitoveLThe Customer represents that)towns, the System. After the take over, the Company liVillalways oWn the transmitting device, which. contains the .Companyis proprietary data. D C.~. '. The Company agrees to sell the System and the Customer agrees to. pay for it. ,The Company wilLown the System until the Customer does so. ,Afterthat, the Customer wili owrlthe syst~m except for. the transmitting device, which contains the Company's proprietary data and whlchthe'Company will alWays oWn. ' The Customer undetstands that ,no f6rm of. monitoring iserror~ O ,free. .' The Customer also>lmcierstilliQS that the Company is not , '. '0.. ,.~. The.. Company agrees to '. lease the System tef the responsible for any . i11teiiup'tidn pfservi(;e due to. any causa . beyond Custo.mer for an initial term of '. ". '. year-sfro.m the date of this theCompany~sco.ntrol.such:asfaultytelephonelines orariydamage AgreernentandtheCustomer agrees to PE\Y the Companytheleas.e qrdestructionto th~ CompanY'~,e9uipnientorfaCilities~. The fees. After .' the initial term,' the. lease wiU . automatically renew for Company is notreqUirild,tosupply m()nitoringservice tothe Customer successive similar terms; The System 'will always remain the wl:lilesuch .interrupt,oncontinues..;lf,theCulitolJ'\llrrequests; Company's' property .hpwever ,the, Company will give the Cu~tomer,a pro-rata ref\Jndif the Assotmas the Company reasonably can. it agrees to. repaif' the . interl'uption lasts more than 24 hCi.ursandisdue to 'anydl!mageor d d" . d If h" . bl . h' h' 'de"structiontp,the Conipany'.s,'equip, ~entor'faciliti"es.' . System ue to or /nary Wear an.teaL! erelsanyproerl1wltte' System which is not due to ordinary:.wear.. ancjtear; the,Customer/.[j............,_F...; ~.'. T.. he... .........C. o......m.p.an.y. ag.'re~$to pr,o.~i.d..e.ieP......a....ir.se.rv..ic.eto.. agrees to pay the Company to repair it at th~,Company's then-current charges. the System for an initil!1 term of ,.. ..... . years after the end,ofthe ,Company'sl-imited Warranty. and the Customer agrees to pay the ' At the. end cif the' Lease. the Customer \/lliII return the' SysterTr to the , Company. the repair '.' fees;. c A fterthe : initial term; therllpair services Company in 'good condition, exceptfor ordinary.. wear and ,tear. .Ifthe will automatically. renew, for successivesimiliJ,r' terms. TheCustor:ner Custo.merfails todo so, the Company. can peacefully enter the Premises agrees ,not to 8110\/11. anyone: besides the Company's.employees, or and remove the System, but the Company has no. obligationtodo so. agents to rep~i~,theSystem; '" ..,_,,_'.,- ',",. .',,'.., At the end of the initi~1 lease term, the Customer maypu(<chase.;the Th~' Company . will~prpVide alllabor,rriaterlala;'d'p'~rt~'necEisspry ~'..Ystem byp..aYing't...he O..Pt.ion...Pric..e..... For mor..ein.f.or.mation.,r.e..fe.r...to...'the 'd ..... ..' ..'. '. '.., .......:.. '. ttached Lease Information Form. r _~j to service the' System dueto,.defl;lctsin the,Syster:nanq,ordinarywear [ . '~;Jqe- and tear. Tt1eCom'panywilldoso'asso()nas it reasoi'lilblycan. The , E. MonitorinQ. The Co.lppanyagreestomonitoTsigmils from the' Company's obligation to provide this service does not cover batteries System for an initial term' of.~ years from the date o.fthis Agreement~ in wireless. cjevices. , ' 'THE CUSToMER ACKNOWLEDGES THAT ITHAS~ECEI"eQ"A;COPYOF'THIS AG~EEMENTANDALLITS ATTACHM~NTS; . THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD tHIS AGREEMENT/ESPECIALLY THOSE SECTIONS ON THE. REVERSE SIDE . RELATINg TO'.ITS PROTECTION OFTH:COMP.4:NYANDTH~.,COMPANY'S.'. LIMITED' L1ABIUTYANO,WAR8.ANTY '. (CON~UMER TRAN~ACTIONSONLYIYOUMAYCANCEL THIS TRANSACTION AT. ANY . TIME PRJORTOMIDNIGHT OF THE THIRD BUSINESS'DAYAFTER THE DATE OF THIS TRANSACTION. PLEASE SEETHE'ATTACHED NOTICE OF CANCEllATION .FORMFOR AN EXPlANATIONOFTF:US RIGHT. CUS/.T-~~1.': 'c.Z.'~.'...E. Pt.IN.'..S.C............f.TY ..........G..4....U.P.....INC...: //')~<>~ " ~~i \/~/-- /Salesperson '. . ....... . $ , . Imonth ~~"-lrTlOnth $ . lmonth $ Imonth Once the Company receives aSlgrial, the.CompanywiUtry to. notify, overthere~ular telephonelines;th,ellgency(,s) arid/or'person(sl ~dentified ontheCustomer'sinfi?lniiitionsMet. However, the Company will not r'iotify anyone if it reasonably believes that notification is not required. . The . Cu.'. st.' om~r agrees' .to. give the Co. mp~ny.c.a.. 'c.ompletlld infCJlmationsheet and" toupdaJe,i~asneces~ary. . TheCh,lJ1pany ,is entitled to ,rely solely on the Customer's information 'sheet., The Company is not responsible for trying to' corJta'ct anyon!; else. " . . ." -, ." . , ' . . ',- - ., ,-' - : ' If the Company . cann6tconnect the SYsterritcitl1~telephone lines;: then the Customer lTlustcohtactthetelephone c()mpany';which win install arid bill the Cilstomerdirectly',-forany telep. he. ne lines or equipment. ' . By: Authorized Representativl;l GENERAL TERMS. 1. LIMITATION OF THE COMPANY'S LIABILITY. IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUETO ITS NEGLIGENCE ORTHE FAILURETO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, ' REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE $750.00. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR . AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER AND THE COMPANY. IF. THE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 2. Insurance. The Customer understands that THE COMPANY IS NOT AN INSURER. The Customer is responsible for obtaining all insurance the Customer thinks is necessary, including coverage for personal. injury and property damage. The payments the Customer makes under this Agreement are not related to the value of the Premises or the Customer's possessions, but rather are based on the cost of the System and the Company's services. The Customer releases the Company from any liability for any event or condition covered by the Customer's insurance. The Customer understands that the System is designed to reduce, but not eliminate. certain risks. The Company does not guaranty that the System will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. The Company assumes no liability for those risks, 3. Limited Warranty. (a) For 12 months from the date of this Agreement, the Company warrants that if any part of the System does not work because of a defect or because of ordinary wear and tear, the Company will repair or replace that part. at no charge to the Customer. The Company may use reconditioned parts in making repairs. but the Company warrants the replacement parts only for the warranty period. This limited warranty does not cover batteries in wireless devices, nor does it apply. if the System has been damaged by acts beyond the Company's control. Such acts include accidents, power surges, misuse, lack of proper maintenance, unauthorized changes or acts of God (such as fires; earthquakes, tornados, etc.). The Customer must notify the Company of any problem the Customer claims the Company's limited warranty covers within the warranty period. The Company will repair the problem as soon as it reasonably can after it rec~ives the Customer's notice. ~b) This limited warranty is the only warranty the Company makes, is made only jf the Company installed the System, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE COMPANY MAKES NO IMPLIED WARRANTY .OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the serviceS cannot be compromised or that they will always provide the intended signaling, monitoring or other service, If a court decides the Company has given the Customer any implied warranty, it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages. sathe above limitation or exclusion may ncit'apply to theCuslomer.This limited warranty gives the Customer specifiC legal rights. The Customer may also have other legal rights that vary from state to state. 4. Customer's ProtectiQn..Q~Q.ll.nY. This Agreement is intended ,l)nly for the Customer's benefit. Therefore, the Customer agrees to protect! indemnify. defend and release the Company and the ComparlY's related parties from liability against all third party claims or losses (including reasonable attorneys' fees) brought against the Company which relate to the System or the services the Company provides. The Company's related parties include the Company's employees, agents and subcontractors. This protectionJindemnity covers claims brought against the Company by the Customer's insurance company,lt also includes claims arising under. contract. warranty, negligence, or any other theory of liability. The Customer's duty to protect/indemnify the Company, however, does not apply to claims based on injuries to third parties orto their property that occurred while the Company's employees were on the Premises and which were caused solely and directly by those employees. In case of any third party claim or loss covered by the Customer's insurance, the Customer agrees not to look to the Company or the Company's related parties for reimbursement. The Customer waives any rights that the Customer's insurance carrier or others claiming through the Customer may have against the Company or the Company's related parties. . ,5. ~~tomer'S Agreements. The Customer has the authority to sign thiS A9r~ement and in doing so will not violate any other agreement. The Customer IS not aware of any hazardous conditions on the Premises. The Customer agrees to prevent false alarms and assume responsibility for them. If the Company notifies the Customer of a malfunction the Customer will disconneCt the System until the Company can repair it. ,The Customer will not tamper or interfere with the System, nor permit others to do so. The Customer agrees that the Company can record and use all communications with anyone at the Premises in the normal course of the Company's business, The Customer will test the System at least once a month, as well as when changes are made to its telephone system or the Premises. The Customer will immediately notify the Company of any problems with the System. The Customer agrees that the Company can make program changes to the Company's proprietary data lOcated in the transmitting device. The Customer will pay the Company its then-current charges for doing any.work not ~overed by this Agreement, including paying the Company's minimum service charge if the Company cannot enter the Premises at the scheduled time. The Customer's obligations continue even if the Customer sells or leaves the Premises, ,6. . The Customer's Default. If the Customer fails to perform its obligations, the.Company will give the Customer written notice of default. if the ~ustomer does not fix the default within 30 days, the Company can end thiS Agreement. If the Company ends tnis Agreement, the Customer must pay the Company: (a) all amounts then due; (b) 80% of the amount due the Company for the remainder of this Agreement (as an agreed- upon amount of damages and not as a penalty); and (c) the Company's reasonable collection costs, including attorney's fees. I! this Agreement is ended, the Company does not have to provide any service, inCluding monitoring, after that date. In addition, the Company can peacefully enter the Premises and remove its equipment. If the Company waives any default by the Customer. that does not mean the Company waives later defaults, Any waiver by the Company must be in writing, The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease. The Customer must return such property if it does not fully pay for it. If the Customer does not return such property, the Company will ask a court to force the Customer to do so. The Company has the rights of a secured party under the Uniform Commercial Code. 7. System Charges. The Customer agrees to obtain all licenses and pay all taxes. fines and other assessments, including sales taxes.. The Company's fees are based upon existing taxes and charges, and the Company can increase the Company's fees to reflect changes in these taxes. or charges. After the first year of this Agreement, the Company can increase the ~ompany's fees by an annual amount up to 10% or the annual percentage Increase in the Consumer Price index, whichever is higher, in addition to any increases due to taxes or charges. If the Customer is more than 30 days late with payment, the Company can charge the Customer interest up to the highest rate allowed by law. In addition, the Customer agrees to pay the Company's reasonable collection costs, including attorneys' fees. and a reasonable reconnect fee if the Company has disconnected the System. 8. Transfers. The Customer cannot transfer this Agreement without the Company's consent However, the Company can transfer this Agreement or subcontract its obligations without the Customer's conSent. If the Company does so. anyone to whom the Company transfers or subcontracts its obligations will have all of the Company's rights. The Company is not responsible, however, for any work, including monitoring, which is done negligently by any third party, 9. Notices: Limitation on. Lawsuits: Jury Trial. Unless otherwise indicated, all notices must. be in writing. The Customer or the Company may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then-current term. It is critical that the Customer give, any termination notice in a timely manner. The Customer must bring any claim against the Company within 1 u year after tile claim arose. lfthe Customer does net, the Customer has no right to sue the Company and the Company has no liability to the Customer for that claim. It is critical that the Customer bring any claim in a timely manner. The provisions of this Agreement which .apply to any claim remain in effect even after this Agreement ends. tHE COMPANY AND THE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL. 10. Miscellaneous. This Agreement contains the entire understanding between the Customer and the Company and replaces any other documents or discussions the Company previously had with the Customer. This Agreement is not binding on the Company until the Company or its authorized agent signs it or begins installation or service. This Agreement is governed by Pennsylvania law, If the Company does not approve this Agreement, the Company's only obligation is to refund any payments the Customer has made, Any equipment or services the Company provides to the Customer in the future are subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both the Customer and the Company sign, If any provision of this Agreement is found to be invalid, the remaining provisions are still effective. The word "including" means "including without limitation:' Except for monitoring, the Company will only do work during the Company's normal business hours of 9:00 a.m, to 5:00 p.m. on weekdays, excluding holidays the Company observes. All schedules and attachments are a part of this Agreement.' f (!,~j.l "". I..' G~ ItI"1'LV..,/' ". . IV\t..\?''"I'-' -~- (...........//... ~.''''' i " I l /1..'...' I i< , ' '. jLl//' ZEPLmls'SECURITY GROUP , 2026 MARKET STREET CAMP HlLL,PA 17011 (717) 761-3112 "",' NOTICE OFCANCELLA TICN (CDNSUMER'.tpRANSACTIONS .oNLY) 'I, ,/ 1// /"i "~' / I ~\ Date of Transaction(Sale, or ContNict 'J, ..,'.... l(;/ "\:: "~ . :~ "\ 1, '"i:v.... YCU MAY CANCEL THIS TRANSACT,IPN., ,SALE DR CCNTRACT FCRANYREASCN ANDWln:,out ANY PENALTY .oR .oBLIGAtiON, WITHIN THREEI3} BUSINE5SDAYS. DR PRICR T.oMIDNIGHT ,.oF THE THIRD BUSINESS DA YFRCM :~. ~;. . - -" '- '.' " . ;," . :" :, ','" '. THE AB.oVE DATE., .....r' IF yOU CANCEL, ANY PRCPERtviRAOt,bIN, ANY PAYMENTS MADE BY YDU UNDeR THE C.oNTRACT .oR SALE, AND ANY NEGCTIABLE I NSTR\JM€f',tf''>i:XEC UTED BYYCUWILL BE RETUR.NED W.ITHINT.EN.... (101 BUSIN. ESS DAYS F.oLLCWING RECEIPT BY THESFLLE~.oFY.oUR CANCELLATI.oN NCTIC~,ANDANY SECURITY INTERESTARISING .oUT .oF THE TRANSACTIQN WILvaECANCELlED. "',,;' , . .....:, IF Y.OU CANCEL, y.oUMUST MAKE AVAILABL'E T.o THE SE.LLE~ AT YCUR RESIDENCE IN SUBSTANTIALLY AS GCCD CQNPITION AS WHEN RECEIVED, ANY G,QQDS DELIVERED TQ yQU UNDER THIS CCNTRACTOR SALE;..oR YCU MA y,IFYCU WISH, CCMPL Y WITH THE INSTRUCTI.oNS .oF THE SELLER REGARDING THE ,RETURN SHIPMENT .oF THE GQ.oDS AT THE SELLER'S EXPENSE ANO:RISK. ' IFYCUpOMAKE THE G.o.oDS AVAILABLETQTHE SELLER AND THE SELLER DOfS N.oTPICK THEM UP WITHIN TWENTY 12010AYS .oF THE DATE .oF YOUR NOTI.CE Qf. CANCEllA nCN, Y.OU, MAY RETAIN .oR DISPOSE OF THE G.o.oDSWITHDUT ANY FURTHER QBLlGATIQN~ IF YQlJ..,FAIL TD MAKE THE G.o.oDS AVAIl-ABLE T.o THE SELLER, OR IF YQU AGREE TQ RETURN THE GQ.oDS TC THE SELLER AND FAIL TC DC SC, THEN yCUREMAIN L1ABLEFQR PERFCRMANCE .oF ALL .oBLIGATIONS UNDER THE CONTRACT. / TC CANCEL THIS TRANSACTION, MAil OR DELIVER A SIGNED AND DATED C.oPY .oF THIS CANCELLA TrCN N.oTICE .oR ANY .oTHER WRITTEN N.oTICE, .oR SEND A TELEGRAM, T.o ZEPLlN'$ SECURITY C.oMPANY, 2026 MARKET STREET, CAMP HILL, PA, 17011, N.oT LATER THAN MIDNIGHT .oF1~!{'/'::;;i '/ ~/ DATE 1 HEREBY ACKN.oWLEDGERECEIPT .oF THIS N.oTICE. '/ ';"-'/ /.: -~,/ C./(.,A>>'.."l;/-.-" ,/~,1".-'r Signature /! i/ I ... !.i / "-~{ ~.' l,.i" I HEREBY CANCEL THIS TRANSACTI.oN. Date Signature CERTmCATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Adam T. Wolfe, Esquire 2225 Millennium Way Enola, P A 17025 ~y ~ *Ar"1VluA~ Debra K. Spinner, Secretary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, P A 1711 0 p, Richard Wagner, Esquire Attorney for Plaintiff Date: II,,} / t11 J , o (~; r-' c...~ (~ --' c- '):". :;~ ....;.:... - ~ -' -'1- fii :;J _ fn --_bc,J C,\'}. "2[A '~ :;< cP -0 :.-~; ~) -- 0' SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: 717 728-3400 ZEPLlN'S SECURITY GROUP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-71 02-CIVIL TERM ALEX ZANGARI, STEPHANIE ZANGARI, and ZANGARI'S PIZZA, CIVIL ACTION - LAW Defendants NOTICE TO PLEAD TO: Zeplin's Security Group c/o P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Date: 3/ ~f7 SHOLLENBERGER & JA UZZI, LLP Attorn ~ti/; By:' J - (;1ftf2 A am T. Wolfe, Es Ire Attorney I. D. #201 7 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: 717 728-3400 ZEPLlN'S SECURITY GROUP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-7102-CIVIL TERM ALEX ZANGARI, STEPHANIE ZANGARI, and ZANGARI'S PIZZA, Defendants CIVIL ACTION - LAW ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, ALEX ZANGARI, STEPHANIE ZANGARI and ZAGARI'S PIZZA, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendants, Alex Zangari and Stephanie Zangari are husband and wife. It is denied that Defendants have an address at 3 Santa Maria Drive, Camp Hill, Cumberland County, Pennsylvania. In further response, Defendants moved from the Santa Maria address in November 2003, and currently have a residential address at 307 Stone Row Lane, New Cumberland, Cumberland County, Pennsylvania. 3. Denied. Zangari's Pizza is no longer a business, having closed on August 31, 2006. 4. Denied. Defendant, Alex Zangari, signed the document attached hereto as Exhibit A. In way of further response, the document is not dated, the billing address is not filled in and the document is not signed by the salesperson. 5. Denied. Defendant, Alex Zangari, signed the document attached hereto as Exhibit B. In way of further response, the document is not dated, paragraph E is not checked, the term of years in paragraph E is not filled in and the billing address is not filled in. 6. Denied. Plaintiff has not provided security service and alarm service to Defendants pursuant to the terms of the documents attached to the complaint or to the documents attached hereto as Exhibit A and Exhibit B. 7. Denied. It is denied that Defendants have incurred $3,070.00 worth of service to the Plaintiff. Defendants paid for service from April 2001 through May 2006, whereupon, in May 2006, Defendants notified Plaintiff that they no longer required them to provide alarm or security service. It is further denied that Defendants were in any way obligated to perform under the terms of the documents attached hereto as Exhibit A and Exhibit B. 8. Admitted in part, Denied in part. It is admitted that Plaintiff has repeatedly requested payment for the past few months. It is denied that Defendant is obligated to pay the requested amount to Plaintiffs. 9. Denied. Defendants are not obligated unto the Plaintiff for any sums of money as there was not an enforceable contract in place and in the alternative, the automatic renewal provision in paragraph E of the documents attached hereto as Exhibits A and B, is unenforceable and therefore no breech of contract occurred. WHEREFORE, Defendants, ALEX ZANGARI, STEPHANIE ZANGARI and ZAGARI'S PIZZA, demand judgment in their favor and request that Plaintiffs Complaint be dismissed, with prejudice. NEW MATTER 10. Plaintiffs claims are barred in whole or part by the Doctrine of Frustration of Purpose. 11. Plaintiffs claims are barred in whole or part by theory of unjust enrichment. 12. Plaintiffs claims are barred in whole or part by the Statute of Frauds. 13. Plaintiffs claims are barred in whole or in part by the Doctrine of Unconscionability. 14. Plaintiffs claims are barred in whole or part by Pennsylvania contract law on the requirements for an enforceable contract. 15. Plaintiff has not provided services beyond May 2006 that would warrant performance by the Defendants. WHEREFORE, Defendants, ALEX ZANGARI, STEPHANIE ZANGARI and ZAGARI'S PIZZA, demand judgment in their favor and request that Plaintiffs Complaint be dismissed, with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorne s for Plaintiff Date: 3/! 0 7 By: /~ Adam T. Wolfe, Esq e Attorney 1.0. #20105 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: 717 728-3400 ZEPLlN'S SECURITY GROUP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-7102-CIVIL TERM ALEX ZANGARI, STEPHANIE ZANGARI, and ZANGARI'S PIZZA, Defendants CIVIL ACTION - LAW ATTORNEY AFFIDAVIT Adam T. Wolfe, Esq., being duly sworn according to law, deposes and says that he is the attorney for the within Defendant, that he is authorized by Alex Zangari, Stephanie Zangari and Zangari Pizza to make this Affidavit on their behalf, and that based on information supplied by the Defendant, he believes that the facts set forth in the foregoing Answer and ,NA Matter are true and correct. ~ Adam T. Wolfe, Esq. Attorney I. D. No. 201057 rn and subscribed before me this 8~ day of ffio..rc,J" 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Usa M. Ketterer. Notary Public City Of Harrisburg. Dauphin County My Commission Expires Aug, 3D, 2007 Member. Pennsylvania Association Of Notaries c; 7S' d 777./__ ) } j- O.:;)j;; I L ALARM SYSTEM AGREEMENT This Agreement is dated . ' between ZEPlIN SECURITY GROUP, INC. (the "Company") and you (the "Customer"). This Agreement covers the system listed on Schedule A or any system the Company takes over from another company (the "System") and any services requested below for the following location (the "Premises"). The Company has written this Agreement in simple, easy-to-read language because it wants the Customer to understand it. Please feel free to ask any questions. Purchase Price (sale only) Due at signing Due when the System is substantially installed Installation Charge (sale or lease) Due at signing Due when the System is substantially installed $ Take Over Charge (due at signing) $ Lease (1 st Payment) $ THE FOLLOWING SPECIFIC TERMS (A-F) APPLY ONLY IF A CHARGE FOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW. DA. p-:V INTENDING TO BE LEGALLY BOUND, WE BOTH AGREE AS FOLLOWS: CUSTOMER'S NAME:!-..-f, ,/~,:<}.c:., _ PREMISES: 'i '/ '~'...... .'- ni' --;.y ,....JV /~/// .L.I , TYPE OF ACCOUNT: -1.- Consumer Use Commercial or Business Use ESTIMATED INSTALLATION DATE: CHARGES AND FEES: $ H~;, I v $ $ $ $ Installation. The Company agrees to install the System and the Customer agrees to pay the installation charge. The Company assumes no responsibility for any delay in installation. The Customer must pay all utility charges. The Customer must notify the Company in writing of any problems within 30 days after the installation. The Customer must pay for any additions or changes. to the System beyond those shown on Schedule A. DB. Take Over. The Company agrees to take over the operation of die Customer's existing System and the Customer agrees to pay the charge for taking it over. The Customer represents that it owns the ~ System. After the take over, the Company will always own the transmitting device, which contains the Company's proprietary data. D C. sm.. The Company agrees to sell the System and the Customer agrees to pay for it. The Company will own the System until the Customer does so. After that, the Customer will own the System except for the transmitting device, which contains the Company's proprietary data and which the Company will always own. D D. Lou. The Company agrees to lease the System to the Customer for an initial term of years from the date of this Agreement and the Customer agrees to pay the Company the lease fees. After the initial term, the lease will automatically renew for successive similar terms. The System will always remain the Company's property. As soon as the Company reasonably can, it agrees to repair the System due to ordinary wear and tear. If there is any problem with the System which is not due to ordinary wear and tear, the Customer agrees to pay the Company to repair it at the Company's then-current charges. At the end of the Lease, the Customer will return the System to the Company in good condition, except for ordinary wear and tear. If the Customer fails to do so, the Company can peacefully enter the Premises and remove the System, but the Company has no obligation to do so. At the end of the initial lease term, the Customer may purchase the System by paying the Option Price. For more information, refer to the attached Lease Information Form. BILLING ADDRESS: TELEPHONE: ( TYPE OF MONITORING: ,/ Telephone _ Radio _ Other: Cellular Lease Fee $ Imonth Imonth Imonth Imonth Monitoring Fee Other Repair Fee (beginning after the Limited Warranty ends) Total All fees are due in advance as follows: _ monthly _ quarterly Option Price (for purchase of System at end of the initial lease Term) $ ~<~ J l '.:>, "\"l $ $ $ Imonth _ annually $ The Customer agrees to pay the Company the monitoring fees. After the initial term, the monitoring services will automaticallv renew for successive similar terms. . Once the Company receives a signal, the Company will try to notify, over the regular telephone lines, the agency(s) and/or person(s) identified on the Customer's information sheet. However, the Company will not notify anyone if it reasonably believes that notification is not required. The Customer agrees to give the Company a completed information sheet and to update it as necessary. The Company is entitled to rely solely on the Customer's information sheet. The Company is not responsible for trying to contact anyone else. 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 Customer 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 interruption of service due to any cause beyond the Company's control, such as faulty telephone lines or any damage or destruction to the Company's equipment or facilities. The Company is not required to supply monitoring service to the Customer while such interruption continues. If the Customer requests, however, the Company will give the Customer a pro-rata refund if the interruption lasts more than 24 hours and is due to any damage or destruction to the Company's equipment or facilities. D F. Bmmir. The Company agrees to provide repair service to the System for an initial term of years after the end of the Company's Limited Warranty and the Customer agrees to pay the Company the repair fees. After the initial term, the repair services will automatically renew for successive similar terms. The Customer agrees not to allow anyone besides the Company's employees or agents to repair the System. The Company will provide all labor, material and parts necessary to service the System due to defects in the System and ordinary wear and tear. The Company will do so as soon as it reasonably can. The o E. Monitorino. The Co".,any agrees to monitor signals from the Company's obligation to provide this service does not cover batteries System for an initial term of ...,2... years from the date of this Agreement. in wireless devices. THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A COPY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS. THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THIS AGREEMENT, ESPECIALLY THOSE SECTIONS ON THE REVERSE SIDE RELATING TO ITS PROTECTION OF THE COMPANY AND THE COMPANY'S LIMITED LIABILITY AND WARRANTY, (CONSUMER TRANSACTIONS ONLY) YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. PLEASE SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. CUSTOMER: .''- /i-'~#' ,..""..,, ,/,' , .: i -~, j ZEPLlN SECURITY GROUP, INC. By: Salesperson By: Authorized Representative GENERAL TERMS. 1. LIMITATION OF THE COMPANY'S LIABiliTY. IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE ORTHE FAILURETO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE $750.00. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER AND THE COMPANY. IF THE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 2. Insurance, The Customer understands that THE COMPANY IS NOT AN INSURER. The Customer is responsible for obtaining all insurance the Customer thinks is necessary, including coverage for personal injury and prpperty damage. The payments the Customer makes under this Agreement are not related to the value of the Premises or the Customer's possessions. but rather are based on the cost of the System and the compa~'s services, The ustomer releases the Company from any liability for any event or con ion covered by the Customer's insurance. The Customer understands that the System is designed to reduce, but not eliminate. certain risks. The Company does not guaranty that the System will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. The Company assumes no liability for those risks. 3. LImited Warranty. (a) For 12 months from the date of this Agreement, the Company warrants that if any part of the System does not work because of a defect or because of ordinary wear and tear, the Company will repair or replace that part at no charge to the Customer. The Company may use reconditioned parts in making repairs, but the Company warrants the replacement parts only for the warranty period. This limited warranty does not cover batteries in wireless devices, nor does it apply if the System has been damaged by acts beyond the Company's control. Such acts include accidents, power surges, misuse, lack of proper maintenance, unauthorized changes or acts of God (such as fires. earthquakes, tornados. etc.). The Customer must notify the Company of any problem the Customer claims the Company's limited warranty covers within the warranty period. The Company will repair the problem as soon as it reasonably can after it receives the Customer's notice, (b) This limited warranty is the only warranty the Company makes, is made only if the Company installed the System, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the services cannot be compromised or that they will always provide the intended signaling, monitoring or other service. If a court decides the Company has given the Customer any implied warranty, it will extend only for the length of the limited warranty period, Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages. so the above limitation or exclusion may not apply to the Customer. This limited warranty gives the Customer specific legal rights. The Customer may also have other legal rights that vary from state to state. 4. C.!!.!1itomtr's Protection_of Company. This Agreement is intended only for the Customer's benefit. Therefore, the Customer agrees to protect/ indemnify, defend and release the Company and the Company's related parties from liability against all third party claims or losses (including reasonable attorneys' fees) brought against the Company which relate to the System or the services the Company provides. The Company's related parties include the Company's employees, agents and subcontractors. This protectionlindemnity covers claims brought against the Company by the Customer's insurance company. It also includes claims arising under contract. warranty, negligence. or any other theory of liability. The Customer's duty to protect/indemnify the Company, however, does not apply to claims based on injuries to third parties or to their property that occurred while the Company's employees were on the Premises and which were caused solely and directly by those employees. In case of any third party claim or loss covered by the Customer's insurance, the Customer agrees not to look to the Company or the Company's related parties for reimbursement. The Customer waives any rights that the Customer's insurance carrier or others claiming through the Customer may have against the Company or the Company's related Darties, 5. T!1l;tCl.l$t9m~I'sAgr~em~nt$. Tile Customer has the authority to sign this Agreement and in doing so will not violate any other agreement. The Customer is not aware of any hazardous conditions on the Premises, The Customer agrees to prevent false alarms and assume responsibility for them. If the Company notifies the Customer of a malfunction, the Customer will disconnect the System until the Company can repair it. The Customer will not tamper or interfere with the System, nor permit others to do so, The Customer agrees that the Company can record and use all communications with anyone at the Premises in the normal course of the Company's business, The Customer will test the System at least once a month, as well as when changes are made to its telephone system or the Premises, The Customer will immediately notify the Company of any problems with the System, The Customer agrees that the Company can make program changes to the Company's proprietary data located in the transmitting device, The Customer will pay the Company its then-current charges for doing any work not covered by this Agreement. including paying the Company's minimum service charge if the Company cannot enter the Premises at the scheduled time, The Customer's obligations continue even if the Customer sells or leaves the Premises, 6. T!:1!1!C.!,!$J.9.!D.!1!I:!'!Q.ef!'!Yft If the Customer fails to perform Its obligations, the Company will give the Customer written notice of default. If the Customer does not fix the default within 30 days, the Company can end this Agreement. If the Company ends this Agreement. the Customer must pay the Company: (a) all amounts then due; (b) 80% of the amount due the Company for the remainder of this Agreement (as an agreed- upon amount of damages and not as a penalty); and (c) the Company's reasonable collection costs. including attorney's fees, If this Agreement is ended, the Company does not have to provide any service, including monitoring, after that date. In addition. the Company can peacefully enter the Premises and remove its equipment. If the Company waives any default by the Customer. that does not mean the Company waives later defaults, Any waiver by the Company must be in writing, The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease. The Customer must return such property if it does not fully pay for it. If the Customer does not return such property, the Company will ask a court to force the Customer to do so, The Company has the rights of a secured party under the Uniform Commercial Code. 7. SY!1it!1!m.c!:1.!'!1ge$., The Customer agrees to obtain all licenses and pay all taxes. fines and other assessments, including sales taxes, The Company's fees are based upon existing taxes and charges, and the Company can increase the Company's fees to reflect changes in these taxes or charges. After the first year of this Agreement. the Company can increase the Company's fees by an annual amount up to 10% or the annual percentage increase in the Consumer Price index, whichever is higher, in addition to any increases due to taxes or charges. If the Customer is more than 30 days late with payment, the Company can charge the Customer interest up to the highest rate allowed by law, In addition. the Customer agrees to pay the Company's reasonable collection costs, including attorneys' fees. and a reasonable reconnect fee if the Company has disconnected the System. 8. Ir?!OlitfM.lL The Customer cannot transfer this Agreement without the Company's consent. However, the Company can transfer this Agreement or subcontract its obligations without the Customer's consent. If the Company does so, anyone to whom the Company transfers or subcontracts its obligations will have all of the Company's rights, The Company is not responsible, however, for any work, including monitoring, which is done negligently by any third party, 9. Notices: Limitation onJ..awsuits: Jury Trial. Unless otherwise indicated, all notices must be in writing, The Customer or the Company may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then-current term. It is critical that the Customer give any termination notice in a timely manner. The Customer must bring any claim against the Company within 1 year after the claim arose, If the Customer does not, the Customer has no right to sue the Company and the Company has no liability to the Customer for that claim, It is critical that the Customer bring any claim in a timely manner. The provisions of this Agreement which apply to any claim remain in effect even after this Agreement ends, THE COMPANY AND THE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL. 10. Miscellaneous. This Agreement contains the entire understanding between the Customer and the Company and replaces any other documents or discussions the Company previously had with the Customer, This Agreement is not binding on the Company until the Company or its authorized agent signs it or begins installation or service. This Agreement is governed by Pennsylvania law, If the Company does not approve this Agreement, the Company's only obligation is to refund any payments the Customer has made. Any equipment or services the Company provides to the Customer in the future are subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both the Customer and the Company sign, If any provision of this Agreement is found to be invalid, the remaining provisions are still effective, The word "including" means "including without limitation." Except for monitoring. the Company will only do work during the Company's normal business hours of 9:00 a.m. to 5;00 o.m. on ALARM SYSTEM AGREEMENT This Agreement is dated ,between ZEPLlN SECURITY GROUP, INC. (the "Company") and you (the "Customer"). This Agreement covers the system listed on Schedule A or any system the Company takes over from another company (the "System") and any services requested below for the following location (the "Premises"). The Company has written this Agreement in simple, easy-to-read language because it wants the Customer to understand it. Please feel free to ask any questions. INTENDING TO BE LEGALLY BOUND, WE BOTH AGREE AS FOLLOWS: CUSTOMER'S NAME: ,:,:r'"d/v('~filb;.' ."/ _1/..~ ," ...... 1.~ I PREMISES: ' '1 -' ;,I, "'. . ~ ~. f v ?,:~/olij" / ,.~ " . ~I t ll. ,;.-' r v I i' ,,' Purchase Price (sale only) Due at signing Due when the System is substantially installed Installation Charge (sale or lease) Due at signing Due when the System is substantially installed $ Take Over Charge (due at signing) $ Lease (1 st Payment) $ THE FOLLOWING SPECIFIC TERMS (A-F) APPLY ONLY IF A CHARGE FOR THEM IS SHOWN ABOVE AND THEY ARE REQUESTED BELOW. o A. Installation. The Company agrees to install the System and The Customer agrees to pay the Company the monitoring fees. After the Customer agrees to pay the installation charge. The Company the initial term, the monitoring services will automatically renew for assumes no responsibility for any delay in installation. The Customer successive similar terms. must pay all utility charges. The Customer must notify the Company in writing of any problems within 30 days after the installation. The Customer must pay for any additions or changes, to the System beyond those shown on Schedule A. ty\. TYPE OF ACCOUNT: L- Consumer Use *-- Commercial or Business Use ESTIMATED INSTALLATION DATE: CHARGES AND FEES: ....1 -,:J $(-1.:> "I" I "/1 $ 7' - ~;> . $ """ ,,,", $ $ '.1 J o B. Take Over. The Company agrees to take over the operation of the Customer's existing System and the Customer agrees to pay the charge for taking it over. The Customer represents that it owns the System. After the take over, the Company will always own the transmitting device, which contains the Company's proprietary data. Dc. .sam. The Company agrees to sell the System and the Customer agrees to pay for it. The Company will own the System until the Customer does so. After that, the Customer will own the System except for the transmitting device, which contains the Company's proprietary data and which the Company will always own. o D. Liau. The Company agrees to lease the System to the Customer for an initial term of years from the date of this Agreement and the Customer agrees to pay the Company the lease fees. After the initial term, the lease will automatically renew for successive similar terms. The System will always remain the Company's property. As soon as the Company reasonably can, it agrees to repair the System due to ordinary wear and tear. If there is any problem with the System which is not due to ordinary wear and tear, the Customer agrees to pay the Company to repair it at the Company's then-current charges. At the end of the Lease, the Customer will return the System to the Company in good condition, except for ordinary wear and tear. If the Customer fails to do so, the Company can peacefully enter the Premises and remove the System, but the Company has no obligation to do so. At the end of the initial lease term, the Customer may purchase the System by paying the Option Price. For more information, refer to the attached Lease Information Form. o E. Monitoring. The Company agrees to monitor signals from the System for an initial term of _ years from the date of this Agreement. BILLING ADDRESS: TELEPHONE: TYPE OF MONITORING: /_ Telephone Radio Other: Cellular Lease Fee Monitoring Fee Other $ /month /month /month /month ';,',) ") t-;. r' , $ $ Repair Fee (beginning after the Limited Warranty ends) Total All fees are due in advance as follows: _ monthly _ quarterly Option Price (for purchase of System at end of the initial lease Term) $ /month _ annually $ Once the Company receives a signal, the Company will try to notify, over the regular telephone lines, the agency(s) and/or person(s) identified on the Customer's information sheet. However, the Company will not notify anyone if it reasonably believes that notification is not required. The Customer agrees to give the Company a completed information sheet and to update it as necessary. The Company is entitled to rely solely on the Customer's information sheet. The Company is not responsible for trying to contact anyone else. 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 Customer 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 interruption of service due to any cause beyond the Company's control, such as faulty telephone lines or any damage or destruction to the Company's equipment or facilities. The Company is not required to supply monitoring service to the Customer while such interruption continues. If the Customer requests, however, the Company will give the Customer a pro-rata refund if the interruption lasts more than 24 hours and is due to any damage or destruction ,to the Company's equipment or facilities. OF. .BIRIir. The Company agrees to provide repair service to the System for an initial term of years after the end of the Company's Limited Warranty and the Customer agrees to pay the Company the repair fees. After the initial term, the repair services will automatically renew for successive similar terms. The Customer agrees not to allow anyone besides the Company's employees or agents to repair the System. The Company will provide all labor, material and parts necessary to service the System due to defects in the System and ordinary wear and tear. The Company will do so as soon as it reasonably can. The Company's obligation to provide this service does not cover batteries in wireless devices. THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A COPY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS. THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THIS AGREEMENT, ESPECIALLY THOSE SECTIONS ON THE REVERSE SIDE RELATING TO ITS PROTECTION OF THE COMPANY AND THE COMPANY'S LIMITED LIABILITY AND WARRANTY. (CONSUMER TRANSACTIONS ONLY) YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. PLEASE SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. CUSTOMER: ,/" ,/" ~,...:..-~'-'" . /r / i/ I J,' I "" ; 1 I ., r ZEPLlN SI;CIJRITY GROUP. INC. ~"' ~'~/'-' '~'-,. ~ , -.' -i.... By: I~I " ,o" ' "Salesperson By: Authorized Representative GENERAL TERMS. 1. LIMITAT1.QN OF THE COII!!EANY~a L1AJ;\ILlU", IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE ORTHE FAllURETO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE COMPANY'S MAXIMUM LIABILITY WILL BE 5750.00. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGETO BE AGREED UPON BYTHE CUSTOMER AND THE COMPANY. IFTHE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT. NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OFTHIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). 2. ~~, The Customer understands that THE COMPANY IS NOT AN INSURER. The Customer is responsible for obtaining all insurance the Customer thinks is necessary, including coverage for personal injury and property damage. The payments the Customer makes under this Agreement are not related to the value of the Premises or the Customer's possessions, but rather are based on the cost of the System and the Company's services, The Customer releases the Company from any liability for any event or condition covered by the Customer's insurance, The Customer understands that the System is designed to reduce, but not eliminate. certain risks. The Company does not guaranty that the System will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. The Company assumes no liability for those risks, 3. Umited Warranty. (a) For 12 months from the date of this Agreement, the Company warrants that if any part of the System does not work because of a defect or because of ordinary wear and tear, the Company will repair or replace that part at no charge to the Customer. The Company may use reconditioned parts in, making repairs, but the Company warrants the replacement parts only for the warranty period, This limited warranty does not cover batteries in wireless devices, nor does it apply if the System has been damaged by acts beyond the Company's control. Such acts include accidents, power surges, misuse, lack of proper maintenance, unauthorized changes or acts of God (such as fires. earthquakes, tornados. etc.), The Customer must notify the Company of any problem the Customer claims the Company's limited warranty covers within the warranty period. The Company will repair the problem as soon as it reasonably can after it receives the Customer's notice. (b) This limited warranty is the only warranty the Company makes, is made only if the Company installed the System, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the services cannot be compromised or that they will always provide the intended signaling, monitoring or other service, If a court decides the Company has given the Customer any implied warranty, it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer. This limited warranty gives the Customer specific legal rights. The Customer may also have other legal rights that vary from state to state, 4. CustomQ[~ Prot~ion ~tCQmp1UJ)', This Agreement is intended only for the Customer's benefit. Therefore, the Customer agrees to protect! indemnify. defend and release the Company and thE) Company's related parties from liability against all third party claims or losses (including reasonable attorneys' fees) brought against the Company which relate to the System or the services the Company provides. The Company's related parties include the Company's employees, agents and subcontractors, This protectionlindemnity covers claims brought against the Company by the Customer's insurance company, It also includes claims arising under contract, warranty, negligence. or any other theory of liability, The Customer's duty to protect/indemnify the Company, however, does not apply to claims based on injuries to third parties or to their property that occurred while the Company's employees were on the Premises and which were caused solely and directly by those employees. In case of any third party claim or loss covered by the Customer's insurance, the Customer agrees not to look to the Company or the Company's related parties for reimbursement. The Customer waives any rights that the Customer's insurance carrier or others claiming through the Customer may have against the Company or the Company's related parties, 5. ~~l,J.ltO'h:,,:'($Aa~!!lenJ~. The Customer has the authority to s'gn thiS Agreement and in doing so will not violate any other agreement. The Customer is not aware of any hazardous conditions on the Premises, The Customer agrees to prevent false alarms and assume responsibility for them, If the Company notifies the Customer of a malfunction, the Customer will disconnect the System until the Company can repair it. The Customer will not tamper or interfere with the System, nor permit others to do so, The Customer agrees that the Company can record and use all communications with anyone at the Premises in the normal course of the Company's business, The Customer will test the System at least once a month, as well as when changes are made to its telephone system or the Premises, The Customer will immediately notify the Company of any problems with the System, The Customer agrees that the Company can make program changes to the Company's proprietary data located in the transmitting device, The Customer will pay the Company its then-current charges for doing any work not covered by this Agreement, including paying the Company's minimum service charge if the Company cannot enter the Premises at the scheduled time. The Customer's obligations continue even if the Customer sells or leaves the Premises, 6. Th!lCY$jQ.!!l~I'$J)~f.!l!.lLt If the Customer fails to perform its obligations. the Company will give the Customer written notice of default. If the Customer does not fix the default within 30 days. the Company can end this Agreement. If the Company ends this Agreement, the Customer must pay the Company: (a) all amounts then due; (b) 80% of the amount due the Company for the remainder of this Agreement (as an agreed- upon amount of damages and not as a penalty); and (c) the Company's reasonable collection costs. including attorney's fees. If this Agreement is ended, the Company does not have to provide any service, including monitoring, after that date. In addition, the Company can peacefully enter the Premises and remove its equipment. If the Company waives any default by the Customer. that does not mean the Company waives later defaults, Any waiver by the Company must be in writing, The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease. The Customer must return such property if it does not fully pay for it. If the Customer does not return such property, the Company will ask a court to force the Customer to do so. The Company has the rights of a secured party under the Uniform Commercial Code. 7. - Sy-'temCbil...!lJU,. The Customer agrees to obtain all licenses and pay all taxes. fines and other assessments, including sales taxes, The Company's fees are based upon existing taxes and charges, and the Company can increase the Company's fees to reflect changes in these taxes or charges. After the first year of this Agreement, the Company can increase the Company's fees by an annual amount up to 10% or the annual percentage increase in the Consumer Price index, whichever is higher, in addition to any increases due to taxes or charges, If the Customer is more than 30 days late with payment, the Company can charge the Customer interest up to the highest rate allowed by law, In addition. the Customer agrees to pay the Company's reasonable collection costs, including attorneys' fees. and a reasonable reconnect fee if the Company has disconnected the System. 8. Transfers. The Customer cannot transfer this Agreement without the Company's consent. However, the Company can transfer this Agreement or subcontract its obligations without the Customer's consent. If the Company does so. anyone to whom the Company transfers or subcontracts its obligations will have all of the Company's rights, The Company is not responsible, however, for any work, including monitoring, which is done negligently by any third party, 9. Notices: Limitation on Lawsuits: Jury Trial. Unless otherwise indicated, all notices must be in writing, The Customer or the Company may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then-current term, It is critical that the Customer give any termination notice in a timely manner, The Customer must bring any claim against the Company within 1 year after the claim arose, If the Customer does not, the Customer has no right to sue the Company and the Company has no liability to the Customer for that claim, It is critical that the Customer bring any claim in a timely manner, The provisions of this Agreement which apply to any claim remain in effect even after this Agreement ends. THE COMPANY AND THE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL. 10. Miscellaneous. This Agreement contains the entire understanding between the Customer and the Company and replaces any other documents or discussions the Company previously had with the Customer, This Agreement is not binding on the Company until the Company or its authorized agent signs it or begins installation or service. This Agreement is governed by Pennsylvania law, If the Company does not approve this Agreement, the Company's only obligation is to refund any payments the Customer has made. Any equipment or services the Company provides to the Customer in the future are subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both the Customer and the Company sign. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective, The word "including" means "including without limitation: Except for monitoring. the Company will only do work during the Company's normal business hours of 9:00 a,m, to 5:00 p,m, on WQookrl~\/C Q,vrlllninn hnlin..::J.\lC" tho. r"nrnn.!:ln\J nh~Qr"o.~ A II ~,..h.nrlllln.L" ",n.... . . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: 717 728-3400 ZEPLlN'S SECURITY GROUP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-7102-CIVIL TERM ALEX ZANGARI, STEPHANIE ZANGARI, and ZANGARI'S PIZZA, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE And now, this ~1V\ day of March 2007 I hereby certify that a true and correct copy of the foregoing Answer and New Matter of Defendant has been served upon the following, Attorney for Defendant, via U.S. Mail: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 LLP By: r' '- " ~::;, r-> C'? ::.3 - N -c -...... --,,""~ t.:? en ZEPLIN'S SECURITY GROUP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 06-71 02 : CIVIL ACTION - LAW ALEX ZANGARI, STEPHANIE ZANGARI, and ZANGARI'S PIZZA, Defendants. ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Zeplin's Security Group, by and through their attorneys, Mancke, Wagner, Spreha & McQuillan, and files the folloiwng Answer to New Matter: 10. No answer is required as this is a conclusion oflaw. 11, No answer is required as this is a conclusion of law. 12. No answer is required as this is a conclusion oflaw, 13. No answer is required as this is a conclusion of law. 14. No answer is required as this is a conclusion oflaw. 15. Denied. It is denied that Plaintiff has not provided services beyond May 2006. WHEREFORE, Plaintiff requests the Court to dismiss the New Matter of the Defendants, Respectfully submitted, Mancke, Wagner & Spreha , Richard Wagner, Esquire .D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Plaintiffs Date: 3/,;,(,./ ~1 , / -2- 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,A. Section 4904, relating to unsworn falsification to authorities. ~/ DATE: .3lJ.iP/o1 I I ' CERTIDCATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Adam T. Wolfe, Esquire 2225 Millennium Way Enola, P A 17025 By /' , . / ,~,' tI I. -",/ J~, :I ;(LLl)-{t.... L,,:: t/)...1UVt-1 Debra K, Spinner, Secretary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, P A 17110 p, Richard Wagner, Esquire Attorney for Plaintiff Date: 3/..)?/t1 I I o C~ -,. ~~. 1".1 rr' ~~n f- ~i /."< if! ":< ..- ~(- ;:-;.: ~:Cj PC ~ -< r---:> C'..::> = .......i ~ ~-n rn-= Fn :g c::; >', i ~--- ~:l ~r~ ~2 ~15 (:r'11 .~ )> ~ ::J: -~J::.'I Sr.J N 0:.> -0 --..... ~ 'f} \.P