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Robert J. Tribeck, Esquire Attorney I.D. No. 74486 Jill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 rtribeck@rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Plaintiff`' MOREFIELD COMMUNICATIONS, INC., Plaintiff V. SYNAPSE PRINT SYSTEMS a/k/a SYNAPSE MARKETING SOLUTIONS, Defendants F'i=_ED-Oc'FlCE j. ? -OTE,AOTARY 7010 SE-P 20 PM 3: 13 "! e aI'M A?/NDtpCOUNTY PnNS iIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /0 -"0 NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against 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 34 SOUTH BEDFORD ST. CARLISLE, PA 717-249-3166 S $42 tad !-?l? ? ysrs i? ??,ysr?l7 14 of the Commonwealth of Pennsylvania, with a principal place of business located at 2950 Old Tree Drive, Lancaster, Lancaster County, Pennsylvania 17603. 4. Synapse is a provider of marketing services for various companies. COUNTI (Breach of Contract) 5. The averments of paragraphs 1 through 4 are incorporated herein by reference. 6. On or about March 5, 2009, Morefield and Synapse entered into a Purchase Agreement (the "Agreement") for a term of two years whereby Morefield agreed to furnish professional services to support Synapse's data networking equipment. A true and correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 7. Schedule "A" of the Agreement provides an overview of the professional services that Morefield agreed to provide to Synapse under the Agreement. As part of the Agreement, Morefield agreed to provide four technical support hours per month and a minimum of one scheduled on-site visit per month to Synapse. 8. Schedule "A" also outlines the different service levels that apply, above and beyond the agreed upon services in the above paragraph, and states that any additional technical support hours over the monthly allotment will be billed at the standard Morefield hourly rate, less an applicable discount. 9. In addition to the monthly service fees, the Agreement required Synapse to pay a monthly fee of $595.00 to Morefield. 10. Morefield expended substantial time and expense in providing services to Synapse and billed Synapse for said services through invoices and statements generated on a monthly basis. True and correct copies of the invoices Morefield sent to Synapse, reflecting the 2 amount of the invoice and the finance charges comprising the debt, are attached hereto as Exhibit B" and incorporated herein by reference. 11. Specifically, Synapse's debt due and owing to Morefield is comprised of fourteen (14) unpaid invoices from services provided between May 2009 and June 2010 for a total amount of $9,239.48, an early termination fee in the amount of $3,3784.20 per paragraph 4 of the Agreement as a result of Synapse's default thereunder, and late charges in the amount of $1,699.79. The total outstanding sum owed to Morefield is $14,723.41. 12. Morefield has made proper demand upon Synapse for payment of the outstanding sum owed, but Synapse has wrongfully failed and refused to pay Morefield the amount due. A true and correct copy of Morefield's demand letter, sent by its counsel to Synapse, is attached hereto as Exhibit "C" and incorporated herein by reference. 13. Synapse acknowledged that there were outstanding payments on its account with Morefield and offered to make a payment of $3,624.38 to resolve all open invoices. 14. Synapse's failure to pay the total amount due is a breach of the contract between the parties. 15. Synapse's breach of contract has damaged Morefield in the amount of $14,723.41, which includes finance charges that continue to accrue on the unpaid balance. WHEREFORE, Plaintiff, Morefield Communications, demands judgment against Defendant, Synapse Print Management a1k/a Synapse Marketing Solutions, in the amount of $14,723.41, together with interest, attorneys' fees and costs of suit. COUNT 11 (Alternative Count - Unjust Enrichment) 16. The averments of paragraphs 1 through 15 are incorporated herein by reference. 3 17. The reasonable value of the unpaid services provided by Morefield to Synapse equals $14,723.41. 18. Synapse has benefited from the services provided by Morefield, and Synapse has wrongfully refused to pay Morefield for the benefit of such services. 19. Synapse has been unjustly enriched in the amount of $14,723.41. 20. Injustice will result if recovery is denied. WHEREFORE, Plaintiff, Morefield Communications, demands judgment against Defendant, Synapse Print Management a/k/a Synapse Marketing Solutions, in the amount of $14,723.41, together with interest, attorneys' fees and costs of suit. COUNT III (Alternative Count II - Promissory Estoppel) 21. The averments of paragraphs 1 through 20 are incorporated herein by reference. 22. Synapse promised to pay Morefield the reasonable value of Morefield's services upon Morefield's performance of the network support services. 23. Moref eld has substantially performed all of its obligations owed to Synapse and has delivered to Synapse regular invoices, statements of account and demanded payment for services rendered. See Exhibits "B" and 24. It is reasonable for Synapse to expect that its promise to pay MorefeWs services when rendered would induce Morefield to perform these services. 25. Morefield reasonably relied upon Synapse's promise to pay for the services performed, and Moref eld fully performed such services at the request of Synapse. 26. Synapse has benefited at Morefield's expense by failing to pay $14,723.41 to Morefield in exchange for Morefield's performance of network support services. 4 27. Injustice will result if Synapse's promises to pay Morefield are not enforced. WHEREFORE, Plaintiff, Morefield Communications, demands judgment against Defendant, Synapse Print Management a/k/a Synapse Marketing Solutions, in the amount of $14,723.41, together with interest, attorneys' fees and costs of suit. COUNT IV (Alternative Count III - Account Stated) 28. The averments in paragraphs 1 through 27 are incorporated herein by reference. 29. Morefield, on a regular basis, sent to Synapse invoices detailing the amount of debt owed by Synapse to Morefield. 30. By accepting Morefield's network support services and benefiting from said services, Synapse implicitly agreed to pay for the services invoiced by Morefield. 31. Morefield has made a demand for payment but Synapse has failed and refused to pay the entire amount due. See Exhibit "C." WHEREFORE, Plaintiff, Morefield Communications, demands judgment against Defendant, Synapse Print Management a/k/a Synapse Marketing Solutions, in the amount of $14,723.41, together with interest, attorneys' fees and costs of suit. By, Respectfully submitted, RHOADS-&-ANON Robert J ribeck Jill ary Weikert On South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 5 ITRIFICATION John Morefield, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is the President of Morefield Communications, that he makes this verification by its authority alid that the facts set forth in the Complaint ai-e true and correct to the best of his knowledge, belief. 1ti? 1 Date 1 John More d EXHIBIT "A" ? ® m © 9 o A L ?. D b • O PURCHASE AGREEMENT MORE FIE L D Morefiield Communications, Inc, communications #tJ509 - 06-7, -S This agreement is made March 5, 2009 between MOREFJELD COMMUNICATIONS, INC., 35 North 351" Street , Camp Hill, Pennsylvania, 17011 (hereinafter called the COMPANY) and Synapse Print Management (hereinafter called CUSTOMER). 1. COMPANY agrees to famish Professional Services to support CUSTOMER's data netlvortdng equipment as detailed on Schedule A of this Agreement. ? CUSTOMER will pay a price of $14,280 for these services, payable by $595.00 per month over the next 26 months (customer's monthly service fee will be waived for month 41 and month #I3). CUSTOMER also a r t f ddi i l ' n ' g ees o pay or any a ona t services as may be requested and performed during this term (including but J limited to "initial Ramp Up and Stabilization Activities" section). Any sales tax or other takes which may be te levied upon or collectible on the retail price of this agreement shall be payable solely by the CUSTOMER. Late payment charges of 11h% per month interest will be added for past due invoices pertaining to this agreement and subsequent additions thereto. n 3. CUSTOMER acknowledges that COMPANY is not the manufacturer of the equipment and is not the developer of any software that is used to operate the data networking equipment CUSTOMER acknowledges that it has selected the size, model, design and brand of the system, and each item of equipment using its own judgment. Except as expressly provided herein, COMPANY makes no warranties, express or implied, concerning the SYSTEM or its component parts, including, without Iimitation, any warranty of fitness for a particular purpose, ordinary use, or merchantability. Further, except as expressly provided herein, COMPANY shall not be liable for any direct, special, or consequential damages, including, but not limited to, loss of income, commercial loss, or personal injury, as a result of the use of or ownership of the system or any item(s) of equipment covered by this agreement or the maintenance thereof; This provision shall apply to any additional items of equipment added to or incorporated into the system by COMPANY or any other party at any time, whether as a wholly new item or as a replacement item. 4. CUSTOMER acknowledges that the term of this Agreement is two years. This Agreement may be terminated for cause by Customer should COMPANY show material failure to perform which is not cured within fifteen (15) business days of written notice to COMPANY. In the event that Customer terminates this Agreement without cause or defaults on its obligation to pay under this Agreement, Morefield shall be entitled to, not as a penalty, but as liquidated damages, the total or six (6) months recurring service fee as specified under this Agreement. This Agreement may be terminated by Morefield with thirty (30) days written notice upon the expiration of the initial agreement term or immediately if Customer fails to perform its obligations under this Agreement, In the event that Morefield terminates this Agreement, Customer shall remain obligated for payment of all monies due to Morefield, and all such monies shall be paid within thirty (30) days of the date.of the termination of this Agreement. If Customer fails to pay within 30 days of receipt of invoice from Morefield, Customer may be considered in default. In the event of Customer's default for non-payment, Morefield reserves the right to halt services under this Agreement until payment is received Upon Customer's default, any liquidated damages specified under this Agreement shall become immediately due and payable. Page I of6 c ? •o®9904 ?? a 6 ? a O • 9 PURCHASE AGREEMENT MOREFIELD Morefield Communications, Inc. communications (-continued-) Emmm? 5. It is further agreed by and between CUSTOMER and COMPANY that CUSTOMER will defend, indemnify, and hold harmless COMPANY (Morefieid Communications, Inc.), its officers, agents, and employees from all loss, damage, cost, expense arising from any liability or claim of liability that the SYSTEM has been used in a fraudulent or unauthorized manner. 6. CUSTOMER agrees that it will not solicit for employment, hire or contract with any of COMPANY's existing or former technical or professional personnel during the term of this Agreement and for a period of one year from its termination, regardless of the reason for termination. CUSTOMER agrees to pay Morefield the sum of $20,000 as liquidated damages for the breach or attempted breach of this provision for each occurrence thereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound hereby. CUSTOMER jy NA rse P R i.sr M c r. By r - Title PtLeJ 1 pe.q" COMPANY MOREFIELD COMMUNICATIONS, INC. By Title Nis Suppon PA MY 21 D8 Date s d .. Date 3 / - D Page 3 of 6 i 0 0 1 a C GI ff e 8 9 e p PURCHASE AGREEMENT MOREFIELD Morefield Communications, Inc. communicofions (-continued-) Schedule A Overview of Professional Services to be Provided Under This Agreement Estimated). 1. Obtain and secure administrator passwords for network and communications equipment. 2. Test and verify data backups. Configure backup alerts. 3. Test and verify network anti-virus. Verify anti-virus updates. Perform Initial full-network scan. 4. Verify all network servers (hard drive space, system events, latest fines and service packs). 5. Review network infrastructure (cabling, switches, routers). 6. Verify power backup protection (uninterruptible power supplies) for critical network components. 7. Create baseline network diagram. 8. Complete New Account Technical Recommendations document and Famish to Customer. i Task ? Moreheld Network Support Service - Standard Level Four (4) technical support hours per calendar month to be used as a combination of on-site service' and off-site remote help desk service (collectively the "Services"). A minimum of one (1) regularly scheduled I site OP- visit(s) per month. The balance of the remaining hours may be utilized either on-site or with the Mwr-firld remote Help Desk as determined by Customer needs. Morefield will assign a primary network engineer to Customer who will be responsible for all technical matters associated with the account and the provided Services. In addition, Morefield will also assign a primary customer service representative who will have logistical responsibility including engineer scheduling, product fulfillment requests and support requests. Customer agrees to designate an authorized point-of-contact (POC) that will be the primary inter ce between Customer and Morefieid and who will have appropriate Customer authority to request Services. The Customer POC may designate additional Customer representatives to request Services as deemed appropriate Morefield will work with the Customer POC to establish a monthly on-site visitation schedule. In addition to the above, the following service levels apply: i 1. Regular Service - Regular on-site service requests during normal business hours may be directed to Morefield Customer Care for immediate scheduling and 1 or hand-off to a Morefield remote Help Desk engineer. Regular service hours are in effect from &OOAM to S:pOPM EST Monday through Friday excluding major holidays. Regular service on-site visits may be requested by calling (800) 385-1266. 2. Emergency Service - Emergency on-site service requests for network-wide service affecting emergencies may be requested 24x7 by calling (800) 385-1266. Emergency on-site service response time is guarantees) for conditions that exist at a Customer site that result in the majority of network related services being adversely Page 3 of 6 MS Suppn PA July 3? ON o ° e ° s ?0?'i3 s 4 ? r m o a PURCHASE AGREEMENT Morefield Communications, Inc. (-continued-) MOD.EFIELD communications affected or unavailable at the time of the call. Examples include network-wide electronic mail, Internet access and network-wide printing. 3. Network down 4-hour service level guarantee: Morefield commits to four hour response time either via phone, modem or VPN on priority trouble code 1 calls, defined as complete shut down of system. Morefield will credit Customer for cost of service call if technician falls to respond, during regular service hours, as per above, within four (4) hours of initial call to Morefield (inclement weather and certain published holidays excluded)- Credit limited to $500 credit per occurrence. The contract includes an allotment of one Emergency service call per month. Additional Emergency responses are charged a surcharge of $150.00 per occurrence, in addition to all regular charges and fees, will be billed in addition to the monthly contract amount and are not subject to above service level guarantee. After-hours service is in effect from 5:OOPM to 8:OOAM EST Monday through Friday, all day Saturday and Sunday and during major holidays. After-hours on-site service may be requested by calling (B00) 383-1266. After-hours on-site service is consumed at a rate of 1.5 times standard hourly rate for all after-hours service requests and may also be charged the emergency response surcharge 4. Additional technical support hours over the monthly allotment will be billed at the standard Morefield hourly rate less per attached schedule. 5. Scheduled on-site visits of four (4) hours or greater will not received a site visit charge. Morefield's standard site visit charge will apply to a) all non-scheduled on-site visits and any on-site visit under four (4) hours, b) all emergency on-site service requests, and c) all after-hours service requests, 6_ Customer may bank or roll-over any unused or credited technical support hours on a quarterly basis. All unused service or credit hours will expire no later than three months from the Initial service or credit period. 7. Remote time will be charged in 2/4 hour increments, on-site time will be charged as a minimum 'A hour charge with the remaining time charged in /4 hour increments. 8. All remote tickets above the monthly allotment will include Morefield's standard ticket charge fee 9. SCHEDULED VISIT CANCELLATIONS; Twenty-four (24) hours notice is required for any cancellation or zescheduling of regularly scheduled or planned on-site visits. Failure to provide such notice may result at Morefield's sole discretion, in the charging of anticipated on-site visit fees. 10, EXTENDED TRAVEL CHARGES: Additional charges may apply for on-site travel greater than 50 miles on behalf of the Customer from a Morefield service office location. A Complete list of Morefield service office locations may be found at http:/lww%v,morefield.com. Page 4 of 6 NIS S;wpun PA Juh• 22 08 PURCHASE AGREEMENT Morefield Communications, Inc. (-continued-) Fee Detail Technical Services-Detail Task Description 1. Initial Network Ramp Up and Stabilization Activities - Estimated Z Monthly Recurring Fee ©®®?Q .°oao®sa? esa? .mo .a MORE FIELD communications Fees N/A $595.00 Page 5 of 6 MS Sop",i PA J* z W EXHIBIT "B" 1 ? L n R r a c Cf C v u c c c v 0 (D V) A O 7 m n3i O n z n) O_ C 70 a) m CJ 0 I0 ? ?o 0 o LA 0 fD < co (AD n rD v co 3• 00 O O cn 0 90 0 0 co O O fD S z Vf A o •a O r* O O (D O ai v co '* v O 0 - C - O N N ::P Q 6 G O - -n W A N 0- -c 0 < O a? S fu O CA A rb -c K = N Vf lD lD Oq - & 3 O p A _ m c y O 00 A- cr (CD < (D :E 3 an) (D O f7 N (D ( D VI C . - N m f 0 S O in CD O S CD (D r N Q (D m A O O S O n O< 0 y A 0 (D (D Q 0 (D 0 3 r' y 0 < (D Z s ? (D " LA v 0 ( D 3 -a o ?-? o rn _ S M -z (D d O a O (p S o ? p t 3 3 0 ?- O y y W O ? y QO ?0 W (D 3 = Z (D cr Q Qo - K 3 y O v v rD O (D -0 S 3 - QA ID rD -t -. 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N H _ L D 0 c 0 n n 3 rD ' C ) o v r + - n v O tD O Ln N cn O O v o D a O ^* O O rD O y O 7 z ! D K CD Q N Q C o W X, rD fD H rD (A G C 0 O O V v O m N Ln O fD rD O < CD •? O 3 rD O rG rD O1 H C rD Ln rD c O 77- Ln \/'. o IV r Q ? _o DL o e rb G MOREFIELD communications 35 N. 35th Street, Camp Hill, Pa. 17011 Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 Work Location: Synapse Print Mgmt-iPrimary 2950 Old Tree Drive Lancaster, PA 17603 Service Call ID: 090427-0034 P.O. Number: Caller's Name: Lindsay McGuire Resolution: Shipped Material to Customer Description of Service and Work Done: Order Kaspersky Enterprise Antivirus for 15, Drop Ship Attn: Lindsay McGuire. Equipment Qty Description Price 15 Kaspersky Enterprise Space Security - Sub Lic - Volume - Equipment Total Other Expenses = Trip Charges of $50 per Incident prior to 06/15/08, $60 after (per day, per tech) Remote charges of $20 per Incident, shipping and other miscellaneous charges as needed. Overdue Accounts will be charged 1.5% per month; 18% per annum. Quoted Price $542.00 Tax: $32.52 Amount Due: $574.52 For questions about this invoice, please visit www.morefield.com/billing, call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com Thank you for your business! INVOICE Invoice Date Invoice No. 10/20/2009 SV00024453 Due Date Customer No. 10/30/2009 SYNA1001 Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 • 0% MOREFIELD communications Network Services Statement & Invoice Customer Number: SYNA1001 Customer Name: Synapse Print Management Date: October 2009 Contract: NS09-00725 Labor Summary Starting Balance: 0.00 Hours Alloted Hours: 4.00 Hours On-site Labor: 4.25 Regular Hours, 0.00 Off Hours I Remote Labor: 1.50 Regular Hours, 1.00 Off-Hours I Total Labor:17.25 Hours Adjustments: 0.00 Hours Ending Balance: 0.00 Hours Allotment Calls Other Charges Emergency Charges 0 Site Visit Charges 0 Remote Ticket Charges 1 Roll-Over Hours Summary Roll-Over Hours Used 0.00 Roll Over Hours Expired 0.00 Service Call 090525-0042 Hours 4.00 Description: Scheduled Service Work Done: 10/20/09 - Quarterly Server Maintenance. Work done is in email. Ran critical server updates and expanded Jeremy's mailbox limit. Overage Billing Service Call 090525-0042 Hours 1.75 Description: See Description Above Work Done: See Work Done Above Service Call 091008-0010 Hours 1.50 Description: I'm not sure how the VPN logins are handled, but Katie says that all of a sudden several users are unable to connect via VPN. 1 can connect just fine with mine. I sent an email to Rob, but he might be busy and she keeps asking for updates. If it's not a quick thing that either of you guys would know off of the top of your heads than IT just open a support case and I will work with the next available tech. Work Done: 10/8/09 Troubleshot problem. Worked with Sean W. and found that the LDAP user password that the ASA uses for authentication was changed. Changed password, tested good. r'0 Billing IOnsite Labor 0 29.33 ::: : Remote Labor 3 4 $ 329.19 Trip Charges 0 $0.00 Ticket Charges 1 $20.00 Emergency Charges 0 $0.00 SubTotal $378.52 Tax $22.71 Total $401.23 Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 For questions about this invoice, please visit www.morefield.com/billing, call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com. Network Services Statement & Invoice 0 41 • . • Customer Number: SYNA1001 • • Customer Name: Synapse Print Management M O R E F I E L D Date: November 2009 Contract: NS09-00725 communications Labor Summary Other Charges Starting Balance: 0.00 Hours Alloted Hours: 4.00 Hours On-site Labor: 0.00 Regular Hours, 0.00 Off-Hours Remote Labor: 0.75 Regular Hours, 2.25 Off-Hours Total Labor. 4.13 Hours Adjustments: 0.00 Hours Ending Balance: 0.00 Hours Allotment Calls Service Call 091029-0015 Emergency Charges 0 Site Visit Charges 0 Remote Ticket Charges 0 Roll-Over Hours Summary Roll-Over Hours Used 0.00 Roll Over Hours Expired 0.00 Hours 3.38 Description: 6 updates need to be applied to the server. Work Done: 10/28/09 Applied updates after hours. 5 of 6 were successful. Failed job was WSUS SP2. Not a major concern. Service Call 091119-0056 Hours 0.62 Description: Provide documentation for changing Xlight mailing list. Work Done: 11/19/09 Here is how to change the ftp notification Iist:There is an email address used for all ftp notifications, ftp@synapseprint.com. This is not a distribution group in exchange, but rather a simple user. This account is used to distribute the upload notification messages. It uses a config file for the instructions and list of users to be copied. If you open the file, C:\Program Files (x86) \Xlight\UploadEmail.txt in notepad you will see the list of email addresses to be notified on the event of an upload. John Roberts was on the list, but I removed him. Overage Billing Service Call 091119-0056 Description: See Description Above Work Done: See Work Done Above Billing Hours 0.13 Onsite Labor 0.00 $0.00 Remote Labor 0.13 $16.92 Trip Charges 0 $0.00 Ticket Charges 0 $0.00 Emergency Charges 0 $0.00 SubTotal $16.92 Tax $1.02 i of Total Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 For questions about this invoice, please visit www.morefield.com/billing, call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com. • MORE FIELD communications Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 INVOICE 12/18/2009 X1000869 12/28/2009 SYNA1001 Page 1 Work Location: Synapse Print Management 2950 Old Tree Drive Lancaster, PA 17603 Job Number: 120709SYNA1001A PO Number: Job Description: Adtran Switch Notes: Equipment Qty Description 1 ADTRAN NETVANTA 1534 LAYER 2 GIGABIT ETHERNET SWITCH Equipment Total $1,201.15 Labor for the Period Beginning 12/11/2009 2.25 Hours $377.57 Trip Charges $120.00 Overdue Accounts will be charged 1.5% per month, an annual rate Subtotal: $1,698.72 of 18%. For questions about this invoice, please visit Tax: $101.93 www.morefield.com/billing, Amount Due: $1,800.65 call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com. Thank you for your business! Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 • MORE ?FIELD communications 35 N. 35th Street, Camp Hill, Pa. 17011 Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 NS09-02098 DATA- NETWORK SERVICES Type: MICROSOFT PA Tax Amt. I $35.70 Contract Total i $630.70 Overdue Accounts will be charged 1.5% per month, an annual rate of 18%. Sub Total: $595.00 Total Tax Amt: $35.70 Total Amount Uuee. $630.70 For questions about this invoice, call 717.214.7634, 866.547.4061 or email us at maintenance@morefield.com. Invoice Customer Number: SYNA1001 Invoice Number: M00011511 invoice Date: 1/15/2010 Master Contract Nbr: NS09-00725 Purchase Order: Terms: Net 10 Billed:. MONTHLY Bill Period Begins: 211/2010 Anniversary Date:`. 3/31/2011 2950 Old Tree Drive I Contract Amt. I $59 Lancaster, PA 17603 Thank You For Your Business! 2 ( Network Services Statement & Invoice .•.?• 0% ' • • Customer Number: SYNA1001 • • Customer Name: Synapse Print Management • Date: March 2010 M O R E F I E L D Contract: NS09-00725 communications Labor Summary Other Charges Starting Balance: 0.00 Hours Alloted Hours: 4.00 Hours On-site Labor: 5.00 Regular Hours, 0.00 Off-Hours Remote Labor: 2.25 Regular Hours, 0.00 Off Hours Total Labor: 7.25 Hours Adjustments: 0.00 Hours Ending Balance: 0.00 Hours Allotment Calls Service Call 090525-0046 Hours Description: Scheduled Service Emergency Charges 0 Site Visit Charges 0 Remote Ticket Charges 1 Roll-Over Hours Summary Roll-Over Hours Used 0.00 Roll Over Hours Expired 0.00 4.00 Work Done: 3/08/10 Checked server event log, storage space, backups and anti-virus. Deleted unused Daily BTD folder to save space on the E drive.All backups will run weekly.Deleted outdated backups.259 GB free at 9:20 AM.Kaspersky admin server was unable to connect.Attempted to reinstall admin server, but installer failed.Helped Jessica.Removed other user profiles off of her machine, this freed up 20GB of space. Showed her how to defragment, update and clean the disks on her machine.Attempted to add design jet printer, but machine was unreachable.Set her up as a local admin.Logged in after hours, applied 30 updates, retrived Kaspersky admin kit and attempted backup exec upgrade. Will follow up on later. xml.dll was missing.3/09/10 Registered for and downloaded Symantec BACKUPEXEC sbs 2010. Overage Billing Service Call 090525-0046 Hours 2.50 Description: See Description Above Work Done: See Work Done Above Service Call 100325-0085 Hours 0.75 Description: Reporting is not working. Work Done: 3/25/10 Remoted into the server and attempted many things to get reporting to work. After research I found that this is a known Microsoft issue and there may not be a fix for it at this time. Billing Onsite Labor 1.00 $117.33 Remote Labor 2.25 $273.60 Trip Charges 0 $0.00 Ticket Charges 1 $20.00 Emergency Charges 0 $0.00 z? SubTotal $410.93 Tax $24.66 Total $435.59 Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 For questions about this invoice, please visit www.morefield.com/billing, call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com. Z. G .'.'.•i • MOREFIRD communications 35 N. 35th Street, Camp Hill, Pa. 17011 Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 INVOICE Invoice Date Invoice No. 4/7/2010 SV00027984 Due Date Customer No. 14/17/2010 SYNA1001 Work Location: Synapse Print Mgmt-1Primary 2950 Old Tree Drive Lancaster, PA 17603 Service Call ID: 100322-0031 Caller's Name: McGuire, Lindsay Description of Service and Work Done: P.O. Number: Resolution: Completed Per Description We recently bought a new Cisco phone for a new employee and are in need of some assistance to get this phone operating. The phone number we would like to assign is 717-517-5192. Can someone please let me know what needs to be done in order to get this phone working. Work Done: 3/22/10 Called and left a voicemail for Lindsay, I need phone type and mac address to type in. Waiting for information. She called back and I helped her. Phone will still not come up. Onsite, phone sitting at registering and will not go any further, tried to default and reset phone and cannot find settings for it. Found solution was to unlock Ctrl file under security settings and when I went to exit menu it said erasing Ctrl file, phone immediately registered and works. Labor for the period beginning 3/22/2010 2.50 Hours $342.50 Trip Charge $60.00 SubTotal $402.50 Tax: $24.15 Amount Due: $426.65 Overdue Accounts will be charged 1.50/6 per month; 18% per annum. For questions about this invoice, please visit www.morefteld.com/billing, call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com Thank you for your business! Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 •?i MOREFIEI,D communications 35 N. 35th Street, Camp Hill, Pa. 17011 Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 NS09-02098 DATA- NETWORK SERVICES System Type: MICROSOFT PA Tax Amt. Contract Total $35.70 $630.70 Overdue Accounts will be charged 1.5% per month, an annual rate of 18%. Sub Total: $595.00 Total Tax Amt: $35.70 Total Amount Due: $630.70 For questions about this invoice, call 717.214.7634, 866.547.4061 or email us at maintenance@morefield.com. Invoice Customer Number: SYNA1001 Invoice Number. M00012278 i Invoice Date: 4/15/2010 Master Contract Nbr: NS09-00725 Purchase Order: Terms: Net 10 Billed: MONTHLY Bill Period Begins: 511/2010 Anniversary Date: 3/31/2011 2950 Old Tree Drive (Contract Amt. Lancaster, PA 17603 Thank You For Your Business! I-? • .•••• .• MOREFIELD communicat ions 35 N. 35th Street, Camp Hill, Pa. 17011 Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 NS09-02098 DATA- NETWORK SERVICES System Type: MICROSOFT PA Tax Amt. Contract Total $595.00 $35.70 $630.70 Overdue Accounts will be charged 1.S% per month, an annual rate of 18%. Sub Total: $595.00 Total Tax Amt: $35.70 Total Amount Due: $630.70 For questions about this invoice, call 717.214.7634, 866.547.4061 or email us at maintenance@morefield.com. Invoice Customer Number: SYNA1001 Invoice Number: M00012529 Invoice Date: 5114/2010 Master Contract Nbr: NS09-00725 Purchase Order: Terms: Net 10 Billed: MONTHLY Bill Period Begins: 6/1/2010 Anniversary Date: 3/31/2011 2950 Old Tree Drive Contract Amt. Lancaster, PA 17603 Thank You For Your Business! 1 6 .•.•.•0% MOREFIELD communications Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 INVOICE 5/27/2010 PS1008479 6/6/2010 SYNA1001 Page 1 Work Location: Synapse Print Management 2950 Old Tree Drive Lancaster, PA 17603 Project Number: 052610SYNA1001 PO Number: Project Description: 1 Year Kaspersky Renewal - 15 Users Notes: Originating Fixed Contract Amount 1 Year Kaspersky Renewal - 15 Users $380.00 Total Current Fixed Contract Amount $380.00 Total Previously Billed on Fixed Contract Amount Current Billing 1 of 1 - Final Invoice 100% $380.00 Current Fixed Contract Billing $380.00 Overdue Accounts will be charged 1.5% per month, an annual rate of 18%. For questions about this invoice, please visit www.morefieid.com/billing, call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com. Subtotal : $380.00 Tax: $22.80 Amount Due: $402.80 Thank you for your business! Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 2 Z • MOREFIELD communicct ions 35 N. 35th Street, Camp Hill, Pa. 17011 Bill To: Synapse Print Management 2950 Old Tree Dr Lancaster, PA 17603 INVOICE r- Invoice Date Invoice No. 6/16/2010 SV00029497 Due Date Customer No. 6/26/2010 SYNA1001 Work Location: Synapse Print Mgmt-iPrimary 2950 Old Tree Drive Lancaster, PA 17603 Service Call ID: 100603-0116 Caller's Name: McGuire, Lindsay Description of Service and Work Done: Remotely assist Andy, P.O. Number: Resolution: Completed Per Description Work Done: 6/1/10 Remotely assisted Andy with Kaspersky lisence install and admin kit upgrade. Contacted HP support and got them to ship a replacement Server Hard Drive the next day. Researched compatible memory for server upgrade. Labor for the period beginning 6/1/2010 3.00 Hours Overdue Accounts will be charged 1.5% per month; 18% per annum. $396.00 S u bTota I $396.00 Tax: $23.76 Amount Due: $419.76 For questions about this invoice, please visit www.morefield.com/billing, call 717-214-7634, 866-547-4061 toll free or email us at billing@morefield.com Thank you for your business! Please Remit To: Accounts Receivable, Morefield Communications, 35 North 35th Street, Camp Hill, PA 17011 Syste t >y? Pao-e ,P J Con l 4 i ns un- Page: i TRANSACTiON 3!' CUSTOMS NQ _ Y ? :prig User =D: don Use _ ReceivaoleJ .lianag e:me T.- Custcxe_ Synapse Print Management 3?mces: °rOn: To: Jocumer.= N!: e= Firs Last ^oc,.,men` Dat _ pirst Last Sorted iv: Do cument N?-ber Include: Open * Voided Orig_n Type Document Number Check Number Due Date ----------------- Audit rat' Code ---------- --------- Batch .D ----------------------- Currency --------- ID ---------- -------------- Doc Date -------------------- Descr_pt:cn ------------- ------ Discount Amount ------------ Writecff Amount -------------------- Document Amount ----------------------- Amount ----- Remaining -------------- Open SLS -------------------- ,11000869 ------------ ------------ 12/28/2009 PMSLSCOC07273 KNK121809JC Z-US$ _2/1,8/2C09 Job 120709SYNAIDOI A $0.00 $0.00 $1,800.65 $1,800.65 Open STS PBlOC8479 6/6/2010 RMSLS00008387 ERICA 0526_0 Z-US$ 5/27/9-010 Prj 052610SYNA1001 $0.00 50.00 $402.80 $402.80 Open ?;N FCHRG0001432 E/30/2009 RMSLS00006232 IM FIN CHG10000 6/30/2009 June 2009 Finance Charge $0.00 $C.00 $9.46 '9.46 O-.en FIN FCHRG0001527 7/3'_/2009 RMS1,500006434 RM FIN CHG10000 7/31/2009 July 2009 Minance Charge $0.00 $0.00 $18.76 $18.76 Open FIN FCHRG0001876 11/301/2009 RMS1,S00037155 RM FIN CHG10000 :1/30/2009 Nov. 2009 Finance Charge $C.00 $0.00 $304.59 $183.78 Open FIN FCHRG0001970 12/31/2009 R14SLS00007363 P14 FIN CHG10000 12/31/2009 Dec. 2009 Finance Charge $0.00 50.00 $264.28 $264.28 Open FIN 7CHR.006C2073 1/29/2010 RMSLS00007551 RM FIN CHG10000 1/29/2010 1-an. 2010 Finance Charge $0.00 $0.00 $301.02 $301.02 Open FIN FCHR00002154 2/26/2010 RMSLS00007217 R.M FIN CHG10000 212612010 Feb. 2010 Finance Charge $0.00 $0.00 $238.00 $238.00 Open FIN FCHRG3002227 3/31/2010 RMS-ISOOD07958 RM FIN CHG10000 3/31/2010 Mar. 2010 Finance Charge $0.00 $0.00 $119.09 $119.09 Open FIN FCHRG0002285 4/30/2010 RMSLSOODOB197 nN FIN CHG10000 4/30/2010 Apr. 2010 Finance Charge $0.00 $0.00 $119.09 $119.09 Open FIN FCHRGOOG2348 5%26/2010 RMSLS00008393 RM FIN CHG10000 5/28/2C1C May 201.0 Finance C harge $0.0C 50.00 $133.81 $133.81 Open FIN FC RGOOC2427 6/30%2010 W.SLSOCCO8602 RM FIN CHG_0000 6/30/2010 June 2010 Finance Charge $0.00 $3.0C $153.10 $153.10 Open FiN FCHR.G0)02509 7/30/201C -KMSLS00008788 RM FIN CHG10000 7/30/2010 July 2010 Finance Charge $0.00 50.00 $159.40 $159.40 Open SVC Mc00115it 1/25/2010 R-MSLS00007448 MAINTENANCE 230 Z-US$ "•_/15/2010 Master NS09-00725 50.00 $0.00 $630.70 $630.70 Open Svc M00011758 2/27/2010 RMSLS00007656 MAINTENANCE 231 Z-US$ 2/17/2010 Master NS09-00725 $0.00 $0.00 $630.70 $630.76 Open Svc MC0012278 4/25/201-0 RMSLS00008038 MAINTENANCE 233 Z-USS 41/15/2010 Master NS09-00725 $0.00 $0.00 $630.70 $630.70 Open SVC M00012529 5/24/20:0 RMSLS00008281 MAINTENANCE 234 Z-US$ 5/14/201C Master NS09-00725 $0.00 $0.00 $630.70 S630.70 u"• p?:? t4o-e-ieId -07nu;-ica s 'age: 2 IRANSACT7ON BY CUS^_OME, TNQL R" R-PORI se_ II. don Receivables Managemera Cus:cTer T:,. _ N=1CJ'i synapse Print Management * Vcided O-- - Type 7ocumen= Numbe_ Check Number Due Date -------------- Audit Trail Code Batch -D - - - Currency ID - - --Doc Date ----- - D- ---------- Discount Pmoun,, ----------------- t+ri`e^ff Amount -------------- Doclme r-` Amount Amount Remaining --------------- Open SVC 6/22/2009 -- ---- ------------------ SVOOC22136 090622-00,6 ------------------- 7/2/2009 $0.00 RMS1T S30006129 $0.00 MimS0622 $1,241.10 Z-US$ $1,241.10 Open SVC 7ii0/2009 SV00022460 -CG60 '907'-C 7%20/2009 $0.00 RPSLS00306255 $C.00 Mr+07_0 $996.38 Z-US$ $996.38 Open SVC -0/2C/2009 SVOOC24433 090427-OC34 10/30/2009 $0.00 RMSLS00006924 $0.06 SM-C20093V $574.52 Z-US$ $574.52 Open Svc 11/12/2009 SV0002491_6 091112-006-i 11/22/2009 $0.00 RNISLS00CC7069 $0.0C SF1112NS $401.23 Z-US$ $401.23 Open SVC 12/17/2009 SV00025749 09121-0063 12/27/2009 $0.00 RMSLS00007294 33.00 SF1217NS $17.94 Z-US$ $]7.94 Open SVC 4/7/2010 SV00027994 160322-0031 4/17/20'-0 $0.00 RMSLS00007994 $0.00 SH040510SV $426.65 Z-US$ $426.65 Open SVC 4/7/20'.0 SV0002@054 10C407-0056 -4/17/2010 $0.00 FMSLSOOOOS014 $0.00 SN0407NS $435.59 Z-US$ $435.59 Open SVC 6/16%2013 SVOD029497 100603-0116 6/26/2010 $0.00 RMSLS00008506 $0.00 SHOE16SYNA. 8419.76 Z-US$ $419.76 Open PMT 5/12/2010 PvT00034954 4216 $0.00 RMCSH00002119 $0.00 KNKD5121DCR 1$630.70) $0.00 Total Document s: 26 Totals: ---------- _---__- ---------- $10-429.32 ---------- = _-- ---------- $10,-939.21 EXHIBIT "C" RHOADS & SINONLLP September 3, 2010 Re: Morefield Communications ,obert J. Tribeck ph (717) 737-6701 fx (717) 238-8623 rtribeck@rhoads-sinon.com FILE N0: 140/30 Mr. Robert Deraco, President VIA REGULAR MAIL & CERTIFIED Synapse Print Management MAIL RETURN RECEIPT REQUESTED 2950 Old Tree Drive Lancaster, PA 17603 Dear Mr. Deraco: This Firm represents Morefield Communications ("Morefield"). As you are aware, Synapse Print Management ("Synapse") is in default of its Network Services Purchase Agreement with Morefield, dated March 5, 2009 (the "Agreement") and owes Morefield a total of $14,723.41 thereunder. This amount is comprised of fourteen (14) unpaid invoices from services provided to Synapse between May 2009 and June 2010 in the total amount of $9,239.48, an early termination fee in the amount of $3,784.20 per paragraph 4 of the Agreement as a result of your default thereunder and the termination thereof by Morefield, and late charges in the amount of $1,699.79. Please remit the balance of $14,723.41 directly to Morefield to cover this overdue amount. Your payment, in full, must be sent to: Accounts Receivable Morefield Communications 35 North 35`x' Street Camp Hill, PA 17011 If Morefield does not receive payment within 10 days of the date of this letter, legal action will be instituted to recover this amount. Should you have any questions, please do not hesitate to contact the undersigned. Very truly yours, RHOADS & SINON LLP By: cc: Don Sieg, Morefield Communications Tribeck 790905.1 One South Market Square, 12th Floor 9 P.O. Box 1146 • Harrisburg, PA 17108-1146 • ph: 717.233.5731 • ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 9o a"+- .>, OL Go A. Signature 13 Agent X _ rw??i ?", _ ? Addre B. Recei by (Printed Name) C. Date of Deli D. is delivery address different from item 19 Yes If YES, enter delivery address below: ? No 3. ce Type l1Certifled mail ? ;xpress mail ? Registered Iff Return Receipt ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 1490 0000 7680 0779 (transfer from service 1") PS Form 3811, February 2004 Domestic Return Receipt 102595-024M-1544 S jna fSt. Pri vt? iMA vtAac 22 ? 13b o ld Tre WI v-e Lwc as tr FA I-i V o; P- L o xn.44 F 9 - ? Postage $ t 4 Certified Fee $2.80 6 ? Park O IM C3 Return Receipt Fee 3 ?? 'fq I Here 0 (Endorsement Required) • p Restricted Delivery Fee (Endorsement Required) ?l)•I?) ? ?.,;? Q E3 v Er = Total Postage & Fees $ r-q M1 O C:i r%- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~1°'~~'~r of ~'tct~brr/a~ Jody S Smith Chief Deputy ~~ ~ ~ y1 ;r;, ~~_~ ,x. Richard W Stewart Solicitor crr~c~ =~ '~~~~ ~~~=R~~~ Morefield Communications, Inc. vs. Synapse Print Systems Case Number 2010-6060 SHERIFF'S RETURN OF SERVICE 09/22/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Synapse Print Systems a/k/a Synapse Marketing Solutions, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint and Notice according to law. 10/08/2010 10:20 AM -Lancaster County Return: And now October 8, 2010 at 1020 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Synapse Print Systems a/k/a Synapse Marketing Solutions by making known unto Robert Deraco, President of Synapse Print Systems at 2950 Old Tree Drive, Lancaster, PA 17603 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 October 21, 2010 SO ANSWERS, t:~`^"".~.. RON R ANDERSON, SHERIFF `~'~' 2~ +~ r.. o.r t fi ~ '"C~ r.,,, 1U ,~ r'T3 ~" ~ ~ GJ'i _~ ~~ a,... C";5 " ~ p~ ' - G'a ~ .~ ~` ~ a" _ "; '-y ,.,.,, G~ ="'~ ~ " '7 ~.~ (c GountySuite Sheriff, Teleosoff. Inr,. /G~ SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200 !~j(/A1 ) SHERIFF SERVICE PLEASE Iy4iRit~ SURE FORM A~'[ _ PROCESS RECEIPT, and AFFIDAVIT of RETURN L.t:GIBLY 1. PLAINTIFF/S/ _ 12. COURT DOCKET NUMBER 1!N O K.~F 1 ~W li.a'N I'N!/l~! 1 Gi1'rll ON 3 ~ /A/G» 3. DEFENDANT/S/ SERVE AT NY, CORPORATION, ETC., TO BE SERVED 4. TYPE OF DOCUMENT TO BE SERVED ' C[VJ~ C _ ~ 1NT/NO~~c SYNAPSE PRINT SYSTEMS. 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Zq 50 DLD TiREE p>R t VE ~ State and ZIP Code) L.ANGAST~ier PA 1'7~Oo3 Now, 20 . I SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CUMBERLAND COUNTY R# NOTE ONLY APPLICABLE ON Wti1T OF EXECUTION: N.B. WAIVER OFWATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after otifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 9. SIGNATUR }OF ORNE O ER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE r R~BF~t J. Tiel6t~C '717.. 233.5 731 9- ZO-~ o 12. SEN NOTIC F SE -VICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) R . TR1 i~IK, >rf~oADS ~- st No N c.lP, P. o . IBo x l I ~F to, EfA1~21SBv RG ~A J'710 8 - U 4~ 13. I acknowledge receipt of the writ NAME of authorized LCSO Deputy or CI 14. Date Received~~(15. Expiration/Hearing Date or complaint as indicated above K. BRADSHAW 717-29 00 9/23/2010 ~ 1 n/1 A/2n1 n 18. N m a e and title of individua Served(if n ot shown above) (Relationship to Defendant) "" ~ y ~p - n pG~t ~~ (V ~'~- 19. ( No Service See Remarks Below 20. Address of where served (Complete only it different than shown above)(Street or RFD, Apart ment No., City, 21. Date of Service 22. Time PM Boro, TWP, State and ZIP Code) E.S.T/ . . . ^y" O` v /~O ''~~11. O'f~/ 23. Attempts Date A/~ Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int o ~a 24. Adva ce Costs 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND 150.00 36.50 ~ ~"' ~ ~ ~ .S~ .su. rtemarKS: S.T.A 31. AFFIRMED and subscribed to before me this 34. day of 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES C~ S c~a t ~ ~o~ ,a~~ ~ 20 I /vIEUS~ ~` ~G~l~~ erry A. Bergmatti .SHERIFF OF LANCASTER CO ,~ 3 H n v7 Cr] H U1 H 3 ~~i~ shown in "Remarks",the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, co~mpa, n_v cor oration etc. at the address inserted below b handin a TRUE and ATTESTED COPY thereof. t 7 I ! I ere v certl an return a ecause am una a to ocate t e In Ivl ua . omoanv. corooratlon. etc.. name a ove. Robert J. Tribeck, Esquire Attorney I.D. No. 74486 :fill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square ]PO Box 1146 ]Harrisburg, PA 17108-1146 'Telephone: (717) 233-5731 ]Facsimile: (717) 238-8623 irtribeck@rhoads-sinon.com j weikert@rhoads-sinon.com .Attorneys for Plaintiff I° Fj F F C OF T'. AOTAR pil 2- 0 TY afl MOREFIELD COMMUNICATIONS, INC., Plaintiff IN THE COURT OF i CUMBERLAND V. SYNAPSE PRINT SYSTEMS a/k/a SYNAPSE MARKETING SOLUTIONS, NO. 2010-6060 Defendants IMPORTANT NOTICE To: Synapse Print System a/k/a Synapse Marketing Solutions 2950 Old Tree Drive Lancaster, PA 17603 Date of Notice: November 3, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED ON PLEAS , PENNSYLVANIA ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS PROVIDE YOU WITH INFORMATION ABOUT AGENCIES :iERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO CE MAY BE ABLE TO MAY OFFER LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Respectfully submitted, RHOADS & SIN ON LLP r° BY: ?/'Zz?z Jill Neary Weikert One South Market Square P. O. Box 1146 Harrisburg, PA 17 08-1146 (717) 233-5731 Attorneys for Plai tiff 2 CERTIFICATE OF SERVICE I hereby certify that on this R -d day of November, 2010, a and correct copy of the foregoing Notice of Entry of Default Judgment was served by means Of United States Mail, first class, postage prepaid, and Certified Mail, Return Receipt Requested, upon the following: Synapse Print System a/k/a Synapse Marketing Solutions 2950 Old Tree Drive Lancaster, PA 17603 51PP:crh 571599.1 ( 26635.006 ) 11/4/10 . <Y BLAKINGER, BYLER & THOMAS, P.C. fly: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO CIVIL ACTION - LAW MOREFIELD COMMUNICATIONS, INC. Plaintiff V. SYNAPSE PRINT SYSTEMS a/k/a SYNAPSE MARKETING SOLUTIONS CI-10-6060 Civil Term Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Blakinger, Byler & Thomas, Esquire, on behalf of Synapse Print Systems a/k/a Synapse Marketing BYLER Dated: By: , PENNSYLVANIA C. and Susan P. Peipher, utions. OMAS, P.C. Susan P. Peipher, Esq. 1 Attorney I.D. #87'580 28 Penn Square Lancaster, PA 17503 Telephone: (717) 299-1100 Fax: (717) 299-9529 Attorneys for De ndant SPP:crh 571599.1 ( 26635.006 ) 11/4110 CERTIFICATE OF SERVICE I hereby certify that lam this day serving the foregoing Entry of Appearance upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: Robert J. Tribeck, Esquire Jill Neary Weikert, Esquire RHOADS & SINON, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 GER, BYLER A THOMAS, P.C. Dated: H ILI 11() By: Susan P. Peipher, 2 BLAKINGER, BYLER & THOMAS, A?dl"FIDE %F'THO ROTMN0TARY By: Susan P. Peipher, Esquire Attorney I.D. #87580 2010 NOV 24 AM 10: 28 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendants PENNSY VAN A Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MOREFIELD COMMUNICATIONS, INC. Plaintiff v. SYNAPSE PRINT SYSTEMS a/k/a SYNAPSE MARKETING SOLUTIONS Defendants CI-10-6060 Civil Term NOTICE TO PLEAD To: Plaintiff Morefield Communications, Inc. c/o Robert J. Tribeck, Esquire Jill Neary Weikert, Esquire RHOADS & SINON, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof, or a default judgment may be entered against you. BLAKI GER, BYL & THOMAS, P.C. Dated: By: Susan P. Peipher, Es wire SPP:crh 573714.1 ( 26635.006 ) 11/23/10 r ' BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MOREFIELD COMMUNICATIONS, INC. Plaintiff V. SYNAPSE PRINT SYSTEMS a/k/a SYNAPSE MARKETING SOLUTIONS CI-10-6060 Civil Term Defendants DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted. COUNTI Breach of Contract 5. No response required. 6. Denied as stated. The Purchase Agreement attached as Exhibit "A" is a written document, the terms of which speak for themselves. 7. Denied as stated. The Purchase Agreement attached as Exhibit "A" is a written document, the terms of which speak for themselves. 8. Denied as stated. The Purchase Agreement attached as Exhibit "A" is a written document, the terms of which speak for themselves. SPP:crh 573714.1 (26635.006 ) 11/23/10 9. Denied as stated. The Purchase Agreement attached as Exhibit "A" is a written document, the terms of which speak for themselves. 10. Admitted in part; denied in part. It is admitted only that Morefield billed Synapse through invoices and statements on a monthly basis. By way of further answer, the documents attached as Exhibit "B" are written documents, the terms of which speak for themselves. It is specifically denied that Morefield expended substantial time and expense in providing services to Synapse or that the amounts set forth on Exhibit "B" are properly due and owing. Strict proof of these averments is demanded at trial. 11. Admitted in part; denied in part. It is admitted only that Morefield is seeking to collect $14,723.41 from Synapse. It is specifically denied that such charges are warranted in light of Morefield's breach of its agreement with Synapse. Strict proof is demanded at trial. 12. Admitted in part; denied in part. It is admitted only that Morefield has made a demand upon Synapse for payment of $14,723.41. It is denied that such amount is properly due and owing from Synapse and strict proof is demanded at trial. By way of further answer, the letter attached as Exhibit "C" is a written document, the terms of which speak for themselves. 13. It is admitted only that Synapse offered to make payment of $3,624.38 to resolve the open invoices. By way of further answer, such offer was made in an effort to resolve the outstanding dispute and it was rejected by Plaintiff. It is denied that Synapse owes the open invoices. 14. Denied as a legal conclusion to which no response is required. The averments of paragraph 14 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 14 are denied and strict proof is demanded at trial. 15. Denied as a legal conclusion to which no response is required. The averments of paragraph 15 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 15 are denied and strict proof is demanded at trial. 2 SPP:crh 573714.1 ( 26635.006 ) 11123/10 WHEREFORE, Defendant Synapse Print Systems a/k/a Synapse Marketing Solutions demands judgment in its favor and against Plaintiff Morefield Communications. COUNT II Unjust Enrichment 16. No response required. 17. Denied. The averments of paragraph 17 are denied and strict proof is demanded at trial. 18. Denied as a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 18 are denied and strict proof is demanded at trial. 19. Denied as a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 19 are denied and strict proof is demanded at trial. 20. Denied as a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 20 are denied and strict proof is demanded at trial. WHEREFORE, Defendant Synapse Print Systems a/k/a Synapse Marketing Solutions demands judgment in its favor and against Plaintiff Morefield Communications. COUNT III Promissory Estoppel 21. No response required. 22. Denied as a legal conclusion to which no response is required. The averments of paragraph 22 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 22 are denied and strict proof is demanded at trial. 3 SPP:crh 573714.1 ( 26635.006 ) 11123/10 23. Denied as a legal conclusion to which no response is required. The averments of paragraph 23 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 23 are denied and strict proof is demanded at trial. 24. Denied as a legal conclusion to which no response is required. The averments of paragraph 24 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 24 are denied and strict proof is demanded at trial. 25. Denied as a legal conclusion to which no response is required. The averments of paragraph 25 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 25 are denied and strict proof is demanded at trial. 26. Denied as a legal conclusion to which no response is required. The averments of paragraph 26 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 26 are denied and strict proof is demanded at trial. 27. Denied as a legal conclusion to which no response is required. The averments of paragraph 27 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 27 are denied and strict proof is demanded at trial. COUNT IV Account Stated 28. No response required. 29. Admitted in part; denied in part. While it is admitted that Morefield sent Synapse invoices on a regular basis, it is denied that the amounts set forth on those invoices is owed by Synapse to Morefield. 30. Denied as a legal conclusion to which no response is required. The averments of paragraph 30 constitute a legal conclusion to which no response is required. To the extent a response is deemed required, the averments of paragraph 30 are denied and strict proof is demanded at trial. 4 SPP:crh 573714.1 ( 26635.006 ) 11123/10 31. Admitted in part; denied in part. While it is admitted that Morefield has made demand for payment and it is admitted that Synapse has failed and refused to pay the entire amount, it is denied that such entire amount is due and owing from Synapse and strict proof of such averment is demanded at trial. WHEREFORE, Defendant Synapse Print Systems aWa Synapse Marketing Solutions demands judgment in its favor and against Plaintiff Morefield Communications. NEW MATTER 32. Defendant hereby incorporates by reference as if set forth more fully herein its answers to paragraphs 1-31 of Plaintiff's Complaint. 33. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 34. Plaintiff's claims are barred by the defense of waiver. 35. Plaintiff's claims are barred by the defense of estoppel. 36. Plaintiff failed to provide services in accordance with the Purchase Agreement. 37. Plaintiff overcharged Defendant for work. 38. Plaintiff's technician who serviced Defendant's account was not properly or adequately trained. WHEREFORE, Defendant Synapse Print Systems a/k/a Synapse Marketing Solutions demands judgment in its favor and against Plaintiff Morefield Communications. Dated: BLAKI ER, BY THOMAS, P.C. i By: Susan P. Peipher, s Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 Telephone: (717) 299-1100 Fax: (717) 299-9529 Attorneys for Defendant 5 SPP:crh 573714.1 ( 26635.006 ) 11/23110 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Defendant's Answer to Plaintiffs Complaint with New Matter upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: Robert J. Tribeck, Esquire Jill Neary Weikert, Esquire RHOADS & SINON, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 BLAKINGER, BYLER & THOMAS, P.C. Dated: 11140 By: Susan P. Peipher, Esquire 7 Robert J. Tribeck, Esquire Attorney I.D. No. 74486 Jill Neary Weikert, Esquire Attorney I.D. No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 rtribeck@rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Plaintiff OF r> r pROTt4 0r ""DEC 10 AM 11: t ? CU pEAdNSy?? COU??T? NIA MOREFIELD COMMUNICATIONS, INC., Plaintiff V. SYNAPSE PRINT SYSTEMS a/k/a SYNAPSE MARKETING SOLUTIONS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-6060 REPLY TO NEW MATTER Plaintiff, Morefield Communications, Inc., files the within Reply to New Matter of Defendants Synapse Print Systems a/k/a Synapse Marketing Solutions as follows: 32. Plaintiff incorporates Paragraphs 1 through 31 of its Complaint as though set forth fully herein. 33. Denied. The allegation contained in Paragraph 33 is a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the same is denied. 34. Denied. The allegation contained in Paragraph 34 is a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the same is denied. 799889.1 35. Denied. The allegation contained in Paragraph 35 is a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the same is denied. 36. Denied. The allegation contained in Paragraph 36 is a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, it is specifically denied that Plaintiff failed to provide services in accordance with the Purchase Agreement and proof thereof is demanded at trial. By way of further answer, the Purchase Agreement is a document that speaks for itself. 37. Denied. It is specifically denied that Plaintiff overcharged Defendant for work and proof thereof is demanded at trial. 38. Denied. It is specifically denied that Plaintiff's technician who serviced Defendant's account was not properly or adequately trained and proof thereof is demanded at trial. WHEREFORE, Plaintiff Morefield Communications, Inc. demands judgment be entered in its favor and against Defendants Synapse Print Systems a/k/a Synapse Marketing Solutions. Respectfully submitted, RHOADS & SINON LLP By: Bert J. Tribeck Jill Neary Weikert One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 2 CERTIFICATE OF SERVICE I hereby certify that December 9, 2010, a true and correct copy of the foregoing document via regular U.S. Mail upon the following: Susan P. Peipher, Esquire Blakinger Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 Lynne Ritter Robert J. Tribeck, Esquire Attorney ID No. 74486 Jill N. Weikert, Esquire Attorney ID No. 208055 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 Email: rtribeck@rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Plaintiff MOREFIELD COMMUNICATIONS, INC., Plaintiff V. SYNAPSE PRINT SYSTEMS a/k/a SYNAPSE MARKETING SOLUTIONS, Defendant f CC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-6060 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended, with prejudice. RHOADS & SINON LLP r By: U-k"'A- ??bert_J.Vribeck N. Weikert One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 21st day of November, 2011, a true and correct copy of the foregoing Praecipe to Discontinue was served by means of United States mail, first class, postage prepaid, upon the following: Susan P. Peipher, Esq. Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 Attorneys for Defendant Susan B. Chandler