Loading...
HomeMy WebLinkAbout11-7427KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 reckraft@bigplanet.com SUPERMEDIA, LLC P. O. Box 619009 DFW Airport, TX 75261-9009 Vs. f7 1'" 0 F1:7 Attorney for 'laintifs) 11EP 28 PIS I E CUMBERLAND C0tJ'1 r Y' PENINSYLVANI A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW JOHN M. KERR 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055-4837 NO. ??- 7yV-' CIVIL ACTION COMPLAINT "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, 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 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator Courthouse, 4th Floor I Courthouse Square Carlisle, PA 17013 (1' I L- firm "AVISO" "Le han demandado a usted en la corte. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor dei demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMiV1EDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION SE ENCUENTRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." O oo pd /jt? e # lg3o8 R-#?6s X39 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 reckraft@bigplanet.com Attorney for Plaintiff(s) SUPERMEDIA, LLC P. O. Box 619009 DFW Airport, TX 75261-9009 V. JOHN M. KERR 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055-4837 CIVIL ACTION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW No. 1. On or about April 30, 2010 and May 19, 2009, the plaintiff by its duly authorized agent and the defendant(s) entered into written contracts copies of which are attached hereto, and made part hereof, and marked Exhibit "A". 2. Under the terms of said written contracts, the plaintiff agreed to sell to the defendant(s), and the defendant(s) agreed to purchase the merchandise and/or services set forth therein, and the defendant(s) agreed to pay for such merchandise and/or services in accordance with the terms of said written contract. 3. The plaintiff has done all the things required of it under the terms of the said written contracts, but the defendant(s) failed to make the required payments and are now indebted to the plaintiff in the amount of $15,589.04. 4. The plaintiff has made demand upon the defendant(s) for payment of the said sum, but the defendant(s) failed and refused and still refuse(s) to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $15,589.04, plus interest in the amount of $987.13, plus attorney's fees in the amount of $4,144.04, for a total of $20,720.21, plus costs, all of which is justly due and owing from the defendant(s) to the plaintiff. KRAFT & KRAFT, P.C. BY: Ro E. Cherwony, Esquire Attorney for Plaintiff T 5+ 41?7')edia °"?'s°"r""' I fV&wnP*w0v0"'0"r p1" ADVERTISING Cond itions Terms Terms and AG tions Rev Jard 2010 'You' means the individual or business entity Noted above. "'We,' "us' and "our" means SuperMedia LLC. 'Print Ads" means advertising in our print directories or other printed non-directory products (together, 'Publications"). "Electronic Ads' means advertising on various electronic media, including the Superpages.comill) service, consisting of websites we own and third party websites, wireless platforms, and other applications for which we have agreements from time to time (collectively our "Electronic Platform"). "Ad' or "Ads" means Print Ads aril/or Electronic Ads. You agree that this Advertising Agreement and any additional terms and conditions ("Additional Terms") that we publish on the websites described in the next sentence and that are in effect on the Agreement Date or that are included in any pro-printed addenda we provide (together, the "Agr*ement') apply to the Ads and services ("Services") fisted in the order section above. These terms and conditions also are available at www.superpages,com/terms and at www.supormediii.com/heip/terrris,conft*oAs. You are responsible for reviewing these terns and conditions and the Additional Temrs. 1. Ord*-r, By signing below or by Recorded Oral Agreement (herein so taped), you authorize us to publish the Ads Noted in this Agreement in the applicable Publications and/or Electronic Platform, and to provide the Services listed in this Agreement. You also authorize us to act as your agent to request from your local telephone carrier any listing changes that you provide to us. The `Agreement Date' is the date you sign this Agreement or orally consent to this Agreement. 2. NoticesMow to Contact tls. All notices to us must be in writing and malted to SuperMedis LLC, P.O. Box 610609, D/FW Airport, TX 75261, taxed to 972453-6764, or sent by going to www.supermecia.com/sopport/contagt-.m, cricking on "Client service contacts," and completing the information requested to send an email. Cancellation notices must include your business name, telephone number, and address. For questions about this Agreement or your advertising, please call Customer Care at 800-555-4833. 3. Term. Subject to automatic renewal as described in Section 4 and unless otherwise provided in the Additional Terns, (i) the initial term for a print Ad or Service is the period we provide such Ad or Service and (it) the initial term for Electronic Ads and electronic Services is 12 months or such other period as is set forth in the order section of this Agreement. 4. $evy?on/c`?ncaibtion/Autom• jg a ail. You nay revise or carnet your request for Ads and Services only by written notice that is received by us it) for Ads and Services In Publications, within 14 days after the Agreement Date or by the close date, whichever is earlier, and (iy for Electronic Ads and electronic Services, within 14 days alter the Agreement Dote. We will attempt to contact you regarding the renewal of your print directory Ads. If we send a renewal notice to you at the address reflected In our records regarding your print directory Ads for the next Issue of a print directory and we do not receive a written cancellation notice from you bytheclose date, we may automatically ream your print directory Ads, except for limited Inventory items ($action 17), In the next subsequent issue. You are responsible for obtaining a Pubbcation Close data by caning Customer Cane at 9084555.4833. 1% rrey automatically renew your Electronic Ads and electronic Services after the end of the initial term for successive one-trwnth terms unless we receive written cancellation notice at least 30 days before the and of the final month of your Electronic Ads and eledrortio Services. You agree dot the than current undiscounted rates and terns and conditions will apply to automatically renewed print directory Ads, Electronic Ads and electronic Services. We may canoe your Electronic Ads and eledronic Services without notice at any time for any reason. S. Cbmitgoo2gho. You agree to pay the monthly rates listed on this Agreement for the period we provide the Ads and Services, rounded up to the nearest month (and for subsequent terms, the then current and iscounted rates). You also agree to pay any one-time charges listed on this Agreement and any taxes due on your Adis or Services. We typically provide a print directory Ad for 12 months (the "Issue Period") for each directory issue, however, you agree that we may, at any time and without notice to you, increase or decrease the Issue Period of a print directory by up to six months. If an Issue Period is increased or decreased, charges for a print directory Ad will continue or stop accordingly. We may start billing before we publish or distribute Ads or begin providing Services, and monthly billing for Print Ads may continue after we distribute the next issue. 6. Payment Terms. You agree to pay all charges in full by the due date. You agree that you may not withhold any payment for any reason, including any dispute between you and us. We may require full or partial advance payment prior to providing any Ads or Services. You authorize us to review your credit history and to obtain your credit 10VZTC Page 1 of 2 report, and you agree that we may disclose to third parties information about you that we deem necessary to assess your credit rating or report your failure to make payments as required by this Agreement. We may apply payments from you, or monies owed to you, toward amounts owed under this Agreement or any other amounts you owe us. If you pay by credit card, we will bill the card automatically at the start of each billing period. 7. L B$. VW will assess, and you agree to pay, late charges on account balances not paid by the due date (inducting botenoes accelerated under Section 8). Late charges will begin to accrue after the due date at a rate equal to the lesser of 18% per annum or the highest lawful rate. In addition, If you submit a check or draft that is dishonored for any reason, you agree to pay, in addition to the face amount of the check or draft, a service fee in an amount equal to the highest lawful amount. 8. Our Remedies. If you do not pay all charges by 30 days after the due date, fail to meet any other obligation under this Agreement or under any other agreement between us, or make any representation or warranty that is or becomes untrue, we may, without notice: (i) require you to pay immediately all unpaid amounts you owe and wig owe for all Ads and Services for the entire term of this Agreement; (ill) remove your Ads from any Publication that has not published; (iii) remove, suspend, or modify your Electronic Ads; (iv) suspend or terminate any Services; (v) recover all collection coats and attorneys' fees, and (vi) pursue any other available legal or equitable remedies. 9. Limitation of Liitr/Diac aknats. You agree to review the Ads and Services Immediately after their publication or provision and to notify us itL.le Waf any errors or omissions no later than 30 days after the error is *0 published or displayed or the Ad or Service omitted. You agree mat we may provide free advertising pursuant to our then- current polities invited of a refund or credit to your account, and that we will have n4 liabgfy with rasped to`any listings, Ads or Services provided to you at no oat. The total aggrepts habitlt)r for us and our afNNdes for errors in or omission of the Ads or Services, negligence, any breach of this Aprooment, and any other cause of action or wrongful act is Nrnltesl to, and shah in no event exceed, the lesser of (a) the amount by which the vaiue of the Ad or Service was diminished or (b) On amount you bays paid for the Ad or Service "Ill rtes to the NabNky (the "LlabM[y Cap"). We are not Nable for consequorlial dam gas, punitive domeges, Incidentei damegas, or damages for Fenn to business, lost revenues, profits, or goodwill, or any other special damages whaiher the cWm Is based on negligence, breach of contract or express or hv*W warranty, strict fla0ilfty, misrepnessrttab - statute, tort, or any other theory of recovery, oven H you or we knew such damages could or may resalt. We disclrlm any obligations, riophm tit OM&, or warraMiss, wbMher express or implied, that are not expressly set fotftn in this Agreement Including any warrenty of inerchat - Ity or llbtess far a particular purpose. Without limiting the generality of the foregoing, we do not warrant the number of responses to your Ads, the number of persons who will view your Ads, or any other business WOW The limitations In this Section shall apply notwithstanding any failure of essential purpose under this Agreement. We are not Noble to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of Ads, headings, or categories. You may increase the Liability Cap with regard to paid Ads and Services by agreeing to pay additional charges that will be determined by mutual agreement between you and us. You may obtain information about this option by contacting us at (800) 5664833. 10. Waiver of Class Action_and Jerry. Trl and_Gonsent to_Bindang Arbitration. In any legal proceeding relating to this Agreement, the Parties agree to waive any right they may have to participate in any class, group, or representative proceeding and to waive any right they may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement (other than claims to collect amounts you owe us or claims by you alleging breach of this Agreement to recover amounts you have paid us ), including any dispute regarding any listing, Ad or Service, any omissions, incorrect phone numbers or other errors, and any Ad placement concerns, shah be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association. 11. Prodhx3s/Publj(QjjgD. We reserve the sole right to determine (and may change at any time without notice to you) the design, content, size, geographic coverage, distribution, and appearance of, and the types of advertising offered in, our Publications, our Electronic Platform, and Services and how, where, how many, when, and whether they are published, distributed, reissued, or displayed. We may reject all or any portion of Ads or Services at any time and for any reason (even if previously approved). If rejected, we will, as our sole obligation, refund any advance Payments for that Ad or Service. If we receive allegations of copyright or trademark inhingement, we may remove the disputed content immediately. We may change each name, street address, Intemet address, and telephone number or any other content to conform to our standards, practices and policies or the policies of any third party on whose site, platform or network any Ad is published. We may publish the Ads of any other advertiser at any time and at any location in our Publications and in our Electronic Platform. 12. Proofs. We do not guarantee that we will provide you with proofs of your Ads. If we do provide proofs in time for modifications, you must notify us in writing of any changes/errors before the deadline we set. Otherwise, we will publish the Ad or perform the Service as shown and no adjustment will be made. Colors, contrast, photos, font, graphics, and other features may appear differently in the published product and no adjustments will be made for those differences. 13. Ad Placement. Except for Ads we designate as limited Inventory advertising, we do not guarantee the placement or position of any Ad (or the Ad of any other advertiser) on or within any Publication, the Electronic Platform or any page. cover, or heading and will not provide any adjustments on claims relating to placement for arty Ad. 14. C1lEtai-.oaten] S rnerGuarantee "Client Content" means content you, or any person(s) using your password, supplies to us, posts, or asks us to use in your Ads. You grant us a perpetual, royally-free, sub. licensable, non-exclusive right and license to use, copy, record, modify, display, publish, publicly perform, distribute (in any form or media), transmit by any means, and create derivative works from the Client Content in, and for the marketing and sale of our products and services. You specifically grant us the right and license to insert the SuperGuarentee8m shield design into your eligible Ads and to remove it from Ineligible Ads. You are solely responsible for the Client Content and will produce and deliver all Client Content in accordance with our then current guidelines, procedures, technical requirements, and deadlines. If you fail to comply, we may cancel or suspend your Ads or Services. 1 S. put Rdft in AdvertiWo ConWnt&QpyriMt Trademarks. If we create or supply any content for your Ads or design your Ads, the content and the Ads we create are our sole and exclusive property, except for Client Content and content we license from a third party. We may supply such content to other Clients. You agree that you have no right to use that content or the advertising developed with that content in other advertising or materials or In any other way, or to permit others to use the advertising or content. You agree that we own the copyright in, and ail copyrighted portions of, each Publication and the Electronic Platform. You agree not to use or alter any trademark, trade name. trade dress or any name, picture or logo that is commonly identified with us or our affiliates, including, without limitation, the trademarks SuperGuarantees'" and SuperGuarentse shield design, unless permission is granted by us in writing. 16. Qmnf-s-Representation, You represent and warrant that: (i) you have the unrestricted right to use, and to grant the licenses you grant in this Agreement with respect to, all Client Content and that your licensing of Client Content to us will not infringe any third party copyright or trademark rights; (ii) your Ads comply with all applicable laws, orders, codes, regulations and requirements, and you and any individuals listed in your Ads have all required licenses to provide the goods and services advertised in all jurisdictions where the Ads wear; (iii) you have not made any false or misleading claims in any Ad; (iv) you have not requested, and will riot use, the Ads or Services, or our Electronic Platform for any unlawful purpose or business; (v) you have not violated any contractual or legal obligation by signing this Agreement and requesting us to publish any Ad; and (vi) you are or represent the business related to the Ads and Services listed above. You will notify us Immediately if any of the above becomes inaccurate. 17. limited Inventory Items. If your Ad published in our print directory is designated as a limited inventory item that is offered in the next issue of the same directory, You will have right of first refusal for that same item of advertising in the next issue of the same directory if you: (i) sign a new Agreement to renew the Ad at the then current rate prior to the renewal due hate we specify; and (ii) have paid all amounts due under this Agreement as of that renewal date. If you do not meet these requirements or if you cancel the limited inventory item, we may immediately offer the advertising item to other interested parties. You may not assign, sell or transfer the right of first refusal granted in this Section. 18. RKkMdiftA'o- You agree to defend, indemnify and hold us and our affiliates harmless from any liability or costs, Including attorneys' fees and expenses, resulting from: (a) any breach of your representations, warranties or covenants; (b) any act, omission or fault of you or your employees, agents or contractors In connection with the Ads or Services; (c) any chin that the Client Content or other information provided by you violates any applicable law or infringes on any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right; (d) any communication through your Electronic Ads or your collection or use of any Information obtained through your Ads, the Services or our Electronic Platform; (e) any breach of any applicable export control laws; and (f) any transactions initiated through your Electronic Ads and any payment processing services. You will continue to be obligated by this Section even after the termination of this Agreement. 19. Governing Law. You agree that this Agreement will be governed by and construed in accordance with, and all matters relating to or arising under this Agreement will be governed by, Texas law without reference to the laws relating to conflicts of laws. 20. Eppte,,,Agaamgdt. This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements and representations, whether express or implied, written or oral, with respect to the Ads and Services. You agree not to include any limiting endorsement on a check or other form of payment, and we may cash a check containing a limiting endorsement or accompanied by any limiting instruction without affecting your obligations or our rights. Neither you nor any SuperiNedia employee or agent is authorized to change or add to this Agreement or any other documents that are part of this Agreement in any way, and any purported change or addition, whether oral or written, is void. 21. Miscellaneous. This Agreement is binding on and for the benefit of you and your successors. We may assign this Agreement, but you may not assign any of your rights or delegate any of your duties under this Agreement without our prior written consent. Except as otherwise act forth in this Agreement, neither you nor we will lose any of our rights under this Agreement, even If you or we do not enforce a right or delay in enforcing a right. Neither party will be liable for any damages arising from ads of God or events outside of that party's reasonable control. If any provision of this Agreement is fount to be unenforceable, the rest of this Agreement will remain in full force and effect. Our imaged copy of this Agreement will be deemed a duplicate original for evidentiary purposes. 22. Contact bv_Us. You agree that we may contact you regarding your Ads or Services, or offers to provide Ads or Services, whether by live telephone, recorded message, U.S. mail or other mail, facsanile or a-mail. You agree that telephone conversations between you and us or our agents may be monitored and/or recorded (including Recorded Oral Agreements). 10VZTC) Page 2 of 2 1 idearc MEDIA The rieher of Wrhm Pdnt obecto es ADVERTISING AGREEMENT Product Information - Summawy Rev. Fab / 2009 Date: 05/15!2009 A/Hlq? Customer ID: 2152983292 Business Name: Ken, John M Law Office Of Esquire Street: 5020 Ritter Rd City. State, Zip: Lower Allen PA Main Listed Business phone (717) 766 - 4008 Main Heading: 30600 104590, HARRISBURG HERSHEY COMPANION,PA 063137, HARRISBURG MET YP,PA 000457,SP.COM JUL EAST, Monthly Total Canvass COCIGICanvass Name: 85209P / HARRISBURG PA PRIM PAM--4 u.,..,.,. Contact Number. Contact E-Mai: Sales Rep Name / Sales Rep ID / Contact Number. ENGLISH P 346041 / (800) 654.6330 Exd p Nor Current Monthly NOW Cust Monthly Inkisl Total Total Changes 08118/2009 917) 766 - 4008 264.00 0 00 08/18/2009 17766 - 4008 442.45 . 545 15 07/2212009 (717) 766 - 4008 0.00 . 218.00 706.45 763.15 x By signing this Agreement 1 acknowledge that I have received, read and agree to the Terns and Conditions that are a part of this Agreement. Initial here x o e J?? ?` y nature rani ri e ?`?^_/"? eceived by arc Media Representative OQVZS Page I of 1 s??rmedia The l>NW Risher of *= RIM D#Kb* ADVERTISING AGREEMENT Product Information - Summary Rev. Jan / 2010 Date: 04/30/2010 Customer ID: 2152983292 Business Name: Kerr; John M Law Office Of Esquire Street: 5020 Ritter Rd City, State, Zip: Lower Allen PA Main Listed Business Phone #: (717) 766 - 4008 Main Heading: 30800 Canvass Code/Canvass Name: HAR10F / HARRISBURG PA MAIN Contact Name: Contact Number: Contact E-Mail: Sales Rep Name / Sales Rep ID / Contact Number: KELLY 17296 / (800) 654 - 6330 Product 104590, HARRISBURG HERSHEY COMPANION,PA 063137, HARRISBURG MET YP,PA 000457,SP.COM JUL EAST, Estimated Telephone Pub. Date Number 08/18/2010 (717) 766 - 4008 08/18/2010 (717) 766 - 4008 07/22/2010 (717) 766 - 4008 Current New Cust Monthly Monthly Initial Total Total Changes 0.00 25.90 545.15 562.50 218.00 238.00 Product C s c t Code Name State Pub Daft Teleptione Number Monthly Total Montldy Total us 1 us Monthly Total 763.15 826.40 x The person signing on behalf of Advertiser or orally authorizing the Ads or Services (i) certifies that he or she is either the Advertiser or is authorized by the Advertiser to sign or orally authorize this Agreement; and (ii) acknowledges that he or she has receive r and agrees to the Terms and Conditions that are a part of this Agreement. Initial here X n, o, m&A [2 1 Qa Date ri Title Received by Media Consultant 10VZS Page 1 of 1 PAGE 1 OF 1 supermedia 1 STATEMENT LAW OFFICES OF JOHN M KERR ESQ ATTN: JOHN KERR STE 109 5020 RITTER RD MECHANICSBURG, PA 17055-4837 IN ACCOUNT WITH SUPERMEDIA LLC ONE TIME CHARGE FOR DIRECTORY ADVERTISING LISTED TELEPHONE NUMBER 717 766-4008 07/2009 SP.COM JUL EAST 12 MONTHS @ $218.00 PER MONTH 08/2009 HARRISBURG MET PA 12 MONTHS @ $545:15 PER MONTH 07/2010 SP.COM JUL EAST 12 MONTHS @ $238.00 PER MONTH 08/2010 HARRISBURG MET PA 12 MONTHS @ $562.50 PER MONTH 082010 HARRISBURG HERSHEY COMPANION PA 12 MONTHS @ $25.90 PERK MONTH $2,616.0( $6,541.8C $2,856.00 $6,750.00 $310.80 MISCELLANEOUS CHARGES AND ADJUSTMENTS: 10/28/2010 AQGGREGATE LATE CHARGES $668.74 PAYMENTS: 05/06/2010 CHK/REF 1722 {$4,154.30} ACCOUNT #290001334834 PLUS A 25% COLLECTION FEE BALANCE DUE 1 $15,589.04 A V E .R I F I C A T I O N I, the undersigned, in my capacity as Specialist- Credit/Collections of SuperMedia LLC, f/k/a Idearc Media LLC, Plaintiff herein, certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I make this Verification subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties Signature Wanda Mattox KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 reckraft@bigplanet.com SUPERMEDIA, LLC P. O. Box 619009 DFW Airport, TX 75261-9009 v. Attorney for Plaintiff(s) COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW JOHN M. KERR 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055-4837 No. 11-7427 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT r7 Cz 3 r..s M zrn = Z a rn r -- TO THE CLERK OF THE SAID COURT: z ?2 N O Kindly reinstate the Civil Action in the above-captioned matter. Tom- n Z cD-'?'?'n zp 3> Z:zz C)s KRAFT & KRAFT, P.C. W BY: ttorney for Plaintiff 10.00 0A A17'1 Ck (4800 0oi(7P/8 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 reckraft@bigplanet.com SUPERMEDIA, LLC P. O. Box 619009 DFW Airport, TX 75261-9009 Attorney for Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. JOHN M. KERR 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055-4837 CIVIL ACTION AT LAW NO. 11-7427 CIVIL TERM REINSTATED CIVIL ACTION COMPLAINT "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. "AVISO" "Le han demandado a usted en la corte. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor dei demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IM VIEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION SE ENCUENTRA ESRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 Supreme Col County For fr?Vnah ty tine o Docket.No: , The information collected on this form is used solely for court administration purposes. This form does not su lement or replace the link and service o leadings or other papers as required b law or rules of court. Commencement of Action: 13 Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: SUPERMEDIA, LLC JOHN M. KERR Are money damages requested? 0 Yes ? No Dollar Amount Requested: IM within arbitration limits (check one) [3 outside arbitration limits Is this a Class Action Suit? ? Yes M No Is this an MDJAppeal? ? Yes 0 No Name of Plaintiff/Appellant's Attorney: Robert E. Cherwony, Esquire, KRAFT & KRAFT, P.C. ? Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) NPlacean " C" to the left of the can category that most accurately describes your PRY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ? Intentional ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort -DES ? Toxic Tort -Implant ? Toxic Waste ? Other: w.. PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ?x Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation 0 Ground Rent ? Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial ? Partition ? Quiet Title ? Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment ? Board of Elections Dept. of Transportation Statutory Appeal: Other ? Zoning Board ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment 8 Mandamus Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: Updated 1/1/2011 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 reckraft@bigplanet.com SUPERMEDIA, LLC P. 0. Box 619009 DFW Airport, TX 75261-9009 VS. FILED-?IFI? rCE Attorney for PI nti E)PR OT HONO TA R Y 2011 SEP 28 PM I : 18 CUMBERLAND CDUN -1Y PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW JOHN M. KERR 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055-4837 NO. // -79A7 CIVIL ACTION COMPLAINT "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, 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 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. e,4'11 Z- -7e?lz;i "AVISO" "Le han demandado a usted en la corte. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo at partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor dei demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO 1MAEDIATAMENTE. SI NO TIENE ABOGADO 0 ST NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION SE ENCUENTRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." Court Administrator Courthouse, 4th Floor I Courthouse Square Carlisle, PA 17013 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 reckraft@bigplanet.com SUPERMEDIA, LLC P. O. Box 619009 DFW Airport, TX 75261-9009 V. JOHN M. KERR 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055-4837 Attorney for Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW No. CIVIL ACTION 1. On or about April 30, 2010 and May 19, 2009, the plaintiff by its duly authorized agent and the defendant(s) entered into written contracts copies of which are attached hereto, and made part hereof, and marked Exhibit "A". 2. Under the terms of said written contracts, the plaintiff agreed to sell to the defendant(s), and the defendant(s) agreed to purchase the merchandise and/or services set forth therein, and the defendant(s) agreed to pay for such merchandise and/or services in accordance with the terms of said written contract. 3. The plaintiff has done all the things required of it under the terms of the said written contracts, but the defendant(s) failed to make the required payments and are now indebted to the plaintiff in the amount of $15,589.04. 4. The plaintiff has made demand upon the defendant(s) for payment of the said sum, but the defendant(s) failed and refused and still refuse(s) to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $15,589.04, plus interest in the amount of $987.13, plus attorney's fees in the amount of $4,144.04, for a total of $20,720.21, plus costs, all of which is justly due and owing from the defendant(s) to the plaintiff. KRAFT & KRAFT, P.C. BY: ' V _ R0 01(E. Ch rwony, Esquire Attorney for Plaintiff ADVERTISING AGREEMENT media J »? ?.. Terms and Conditions Rev Jag 7010 'You' means the individual or business entity listed above. '1%," "us" and "our" means SuperMedle I.I.C. 'Print Ads means advertising in our print directories or other printed non-directory products (together, 'Publications'). "Electronic Ads" means advertising on various electronic media, including the Supstpages.comO service, consisting of webeites we own and third party websbtes, wireless platforms, and other applications for which we have agreements from time to time (collectively our 'Electronic Platform"). "Ad" or "Ads" means Print Ads and/or Electronic Ads. You agree that this Advertising Agreement and any additional terms and conditions ("Additional Terms") that we publish on the w ebWes described in the next sentence and that are in effect on the Agreement Date or that are included in any pro-printed addenda we provide (together, the "Agreement") apply to the Ads and services ("Services") listed in the order section above. These terms and conditions also are available at www.supetpages,cotNtemhs and at www.supemedia.ccsrUhelp/temts-corrditions. You are responsible for reviewing these terms and conditions and the Additional Terms. 1. Qgmr. By signing below or by Recorded Oral Agreement (herein so caged), you authorize us to publish the Ads listed in this Agreement in the applicable Publications and/or Electronic Platform, and to provide the Services listed in this Agreement. You also authorize us to act as your agent to request from your local telephone carrier any listing changes that you provide to us. The 'Agreement Date' is the date you sign this Agreement or orally consent to this Agreement. 2. NoticariMow to Contact Us. All notices to us must be in writing and imaged to SuperMsdia LLC, P.O. Box 610608, [VFW Airport, TX 75261, faxed to 972-4534764, or sort by going to www.supermedia.com*4W.oatontad-us, choking on "Client service eontsats" and completing the iMonmation requested to send an email. Cancellation notices must include your business name, telephone number, and address. For questions about this Agreement or your advertising, please call Customer Cara at 800.5554833. 3. Term. Subject to automatic renewal as described in Section 4 and unites otherwise provided In do Additional Terms, (i) the Initial term br a print Ad or Service is the period we provide such Ad or Service and (ii) the initial term for Electronic Ads and electronic Services Is 12 months or such other period as is set forth in the order section of this Agreement. 4. You may revise or cancei your m*mt for Ads and Services only by written notice that is received by us 0) for Ads and Services M Publications, within 14 days after the Agraer nrd Date or by the dose date, whichever Is wilier, and pi) for Electronic Ads and electronic Services, within 14 days after the Agreement Data. We wSt attempt to contact you regarding the renewal of your print directory Ads. if we send a renewal notice to you at the address reflected in our records regarding your print directory Ads for the next issue of a print directory and we do not receive a written cancellation rmake from you by the close date, we may automatically renew your print directory Ads, except tot lknttsd Inventory items (Section 17), In the next subsequent issue. You are responsible for obtaining a Publication close data by calling Customer Care at 0004664033. We may automatically renew your Electronic Ads and electronic Services after the end of the Ini iel tern for suo meaive one-morth terms unless we receive written cancellation notice at lent 30 days before the end of the 11081 month of your Electronic Ads and eledrork Urvicis. You agree that the Bon currant undloootrmtad rafts and terms and conditions will apply to automatically renewed print directory Ads, Electromle Ads and electronic Services. We may cancel your Elsohanle Ads and electronic Services without notice at any time for any reason. 5. Ghatal@IW9. You agree to pay the monthly rates listed on this Agreement for the period we provide the Ads and Services, rounded up to the nearest month (and for subsequent terms. the then current unctscounted rates). You also agree to pay any one4ime charges listed on this Agreement and any taxes due on your Ads or Services. We typically provide a print directory Ad for 12 months (the `Issue Period') for each directory Issue, however, you agree that we may, at any time and without notice to you, increase or decrease the law Period of a print directory by up to sk months. If an Issue Period is increased or decreased, charges for a print directory Ad will continue or stop accordingly. We may start billing before we publish or distribute Ads or begin providing Services, and monthly billing for Print Ads may continue after we distribute the next issue 6 Payment Terms. You agree to pay all charges in full by the due date You agree that you may not withhold any payment for any reason, including any dispute between you and us We may require full or partial advance payment prior to providing any Ads or Services. You authorize us to review your credit history and to obtain your credit report, and you agree that we may disclose to third parties information about you that we deem necessary to assess your wWk rating or report your faihrre to make payments as required by this Agreement. We may apply payments from you, or monies owed to you, toward amounts owed under this Agreement or any other amounts you owe us. If you pay by credit card, we will till the card automatically at the start of each pilling period. 7. Late Chsraes. We will assess, and you agree to pay, late charges on account balances not paid by the We date (Including beleron accelerated under Section 8). Late charges will boon to accrue after the due date at a rate equal to the leaser of 18% per smarm or the highest lawful rate. In addition, If you submit a theca or draft that is dishonored for any reason, you agree to pay, in addition to the face amount of the check or draft, a service fee in an amount equal to the highest lawful amount. 8. Qut29mttdifle. If you do not pay all charges by 30 days after the due date, fag to mest any other obligation under this Agreement or under any other agreement between us, or melee any representation or warranty that is or becomes untrue, we may. without notice: (i) require you to pay irmnadistely all unpaid amounts you owe and will owe for all Ads and Services for the entire term of this Agreement; 00 remove your Ads from any Publicstion that has not published; QN) remove, suspend, or modify your Electronic Ads; (iv) suspend or tenrtnsts any Services; (v) recover all collection coats and attorneys' fees; and (vi) pursue any other available legal or equitable remedies. g, Urnitalign of . You agree to review the Ads and Services imrnedistely fitter their publication or provision and to notify us In wdftof any errors or omissions no later than 30 days after the error Is W published or displayed or the Ad or Service omitted. You agree that we my provide flee advertising pursuant to our then- current policies instead of* refund or crectt to your account, and that we will have to lob" with reepect to any listings, Ads or Services provided to you at no cost. The total aggregate NabOky for us and our aNfliaNS for errors in or ondse on of the Ads or Services, negligence, any breach of1lmk AgresmeM, aW any other cause of action or wrongfM ad Is Ikrdied to, and shale in w went exceed, the loser of (a) Nn arnount by which the value of to Ad or Service was dknhl had or (b) the antourit you have paid for the Ad or Service giving rte to to lAMIty (ft "UabNky Cap"). We are not liable for consequier (al denMges, punitive damages, incidental damages, or dernsges for harm to business, int revenues, profits, or good ii or any other spodel darneges, whether the claim is based on naloigenae, breach of oo flract or express or limpled warranty. strict liability. mta waver tation, statute, tort, or any other theory of recovery, am N you or we knew such damages could or may resit. We disdolm any obligations, reprosupttedons, or warranties, whether express or implied, that are not aupressly so forth In this Arownent including any worrie ty of nay or fitness for a particular purpose. VAhout limiting the generally of the foregoing, we do not warrant the number of responses to your Ads, the number of persons who will view your Ads, or any other business beneft. The limitations in this Section shell apply notwithstanding any failure of essential purpose under this Agreement We are not gable to you for any deviation from or change in our policies, practices, and procedures. including without Imitation those regarding the placement, position, or location of Ads, headings, or categories. You may increase the Liability Cap with regard to paid Ads and Services by agreeing to pay additional charges that will be determined by mutual agreement between you and us. You may obtain information about this option by contacting us at (900) 6664833. 10. Waiver of Class Action and Jury Trial and Consent to Sinding Arbitration. In any legal proceeding relating to this Agreement, the i0vZTC Page 1 of 2 parties agree to waive any right they may have to participate in any class, gip, or representative proceeding and to waive any right they may have to atrial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement (other than claims to collect amounts you owe us or claims by you alleging breach of this Agreement to recover amounts you have paid us), including any dispute regarding any listing, Ad or Service, any omissions, incorrect phone numbers or other errors, and any Ad placement concerns, shall be referred by the aggrieved party to binding arbitration under the Correnerciat Rules of the American Arbitration Association. 11. oti. We reserve the sole right to determine (and may change at any time without notice to you) the design, content, size, geoWsphic coverage, distribution. and appeamnoe of, and the types of advertising offered in, our Publications, our Electronic Platform, and Services and how, where, how many, when, and whether they are published, distributed, reissued, or displayed. We may reject all or any portion of Ads or Services at any time and for any reason (even if previously approved). If rejected, we will, as our sole obligation, refund any advance payments for that Ad or Service. If we receive allegations of copyright or trademark infringement, we may remove the disputed content immedisl ely. Woe may change each name, street address, Internet address, and telephone number or any other content to conform to our stsndards, practices and policies or the policies of any third party on whose site, platform or network any Ad is published. We may publish the Ads of any other advertiser at any time and at any location in our Publications and In our Electronic Platform. 12. P190. WIa do not guaranies that we will provide you with proofs of your Ads. If we do provide proofs in time for modifications, you must notify us in writing of any c hangesierrors before the deadline we set. Otherwise, we will publish the Ad or perform the Service as shown and no squwtrent will be made. Cobra, contrast, photos, font, graphics, and other features may appear differently in the published product and no squstments will be made for those differences. 13. Ad Phaoarnent. Except ton Ads we designate as United inventory advertising, we do not guarantee the placement or position of any Ad for the Ad of any other advertiser) on or within any PubliceAion, the Electronic platform or any page. cover, or heading and will not provide any adjustments on claims relating to placement for any Ad. 14. Cknt Content. SuoerGuaranlee. "Client Content" means content you, or any person(s) using your password, supplies to us, poets, or asks us to use in your Ads. You grant us a perpetual, royalty-free, sub- koensable, non-exdusive right and license to use, copy, record, modify, display, publish, publicly perform, distribute (in any form or media), transmit by any moons, and create derivative works from the Client Content In, and for the marketing and sale of our products and services. You specifically grant us the right and license to Insert the SuperGuarentacbm shield design Into your eligible Ads and to remove it from ineligible Ads. You are solely responsible for the Client Content and will produce and deliver all Client Content in accordance with our then current guidelines, procedures, technical requirements, and deadlines. If you fail to comply, we may cancel or suspend your Ads or Services. 15.Our Riahts in Advadisetg QM%nt1Copyt:(ght9Mdemarks. if we create or supply any content for your Ads or design your Ads, the contend and the Ads we create are our sole and exclusive property, except for Client Content and content we license from a third party. Wp may supply such content to other Clients. You agree that you have no right to use that content or the advertising developed with that content in other advertising or materiels or In any other way, or to permit others to use the advertising or content. You agree that we own the copyright in, and all copyrighted portions of, each Publication and the Electronic Platform. You agree not to use or sitar any trademark, trade name, trade dress or any name, picture or logo that is commonly Identified with us or our affiliates, including, without limitation, the trademarks SuperGuarenteesm and SuperGuarantee shield design, unless permission is granted by us in writing. 16 Client's. Rwr-wntations. You represent and warrant that (i) you have the unrestricted right to use. and to grant the licenses you grant in this Agreement with respect to, all Client Content and that your licensing of Client Content to us wifl not infringe any third party copyright or trademark rights; (ii) your Acs comply with all applicable taws, orders, odes, regulations and requirements, and you and any individuals listed In your Ads have all required licenses to provide the goods and services advertised in ail jurisdictions where the Ads appear; (Iii) you have not made any false or misleading claims in any Ad; (Iv) you have rat requested, and will not use, the Ads or Services, or our Electronic Platform for any unlawful purpose or business; (v) you have not violated any contractual or legal obligation by signing this Agreement and requesting us to publish any Ad; and (vi) you are or represent the business related to the Ads and Services listed above. You will notify us knmedistdy if any of the above becomes inaccurate. 17. Limited InmalMlems. If your Ad published in our print directory is designated as a limited inventory item that is offered in the next ism of the same directory, you will have right of first refusal for that some item of advertising in the next issue of the same directory if you: (1) sign a new Agreement to renew the Ad at the then current rate prior to the renewal due date we specify; and (1) have paid all amounts due under this Agreement as of that renewal date. ff you do not meat these requirements or it you cancel the limited inventory Item, we may immediately offer the advertising fSem to other Interested parties. You may not assign, 9e0 or transfer the right of first refusal granted in this Section. 18. lnrkmlaftcatktrh. You agree to defend, indemnify and hold us and our offitistes harmless from any liability or costs, including sttotneyV fees and expenses, resulting from: (a) any teach of your representations, warranties or covenants; (b) any act, omission or fault of you or your employees, agents or contractors in connection with the Ads or Services; (c) any calm that the Client Content or other information provided by you violates any applicable law or infringes on any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right; (d) any communication through your Electronic Ads or your collection or use of any Information obtained through your Ads, the Services or our Electrons Platform; (e) any breach of any applicable export control laws; and (f) any transactions initiated through your Electronic Ads and any payment processing services. You will continue to be obligated by this Section even after the termination of this Agreement. 19. GovernM9 Law. You agree that this Agreement will be governed by and construed in accordance with, and all matters relating to or arising under this Agreement will be governed by, Texas law without reference to the laws relating to conflicts of laws. 20. Effib-Ag[tttfalat• This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements and representations, whether express or implied, written or oral, with respect to the Ads and Services. You agree not to Include any limiting endorsement on a check or other form of payment, and we may cash a check containing a limiting endorsement or accompanied by any limiting instruction without affecting your obliptiona or our rights. Neither you nor any SuperMedis employes or agent is auithorized to change or add to this Agreerent or any other documents that are part of this Agreement in any way, and any purported charge or addition, whether oral or written, is void. 21. f1koelansm. This Agreement is binding on and for the benefit of you and your suooessors. V% may assign this Agreement, but you may not assign any of your rights or delegate any of your duties under this Agreement without our prior written consent. Except as otherwise ad forth In this Agreement, neither you nor we will lose any of our rights under this Agreement, even if you or we do not enforce a right or delay in enforcing a right. Neither party will be Ilabhe for any darrrages arising from acts of Cod or events outside of that party's reasonable control. If any provision of this Agreement is found to be unenforceable, the rest of this Agreement will remain In full force and effect. Our imaged copy or this Agreement will be deemed a duplicate original for evidentiary purposes 22 Contact by Vs. You agree that we may contact you regarding your Ads or Services, or offers to provide Ads or Services, whether by live telephone, recorded message, U.S. mail or other mail, facsimile or e-mail. You agree that telephone conversations between you and us or our agents may be monitored and for recorded (including Recorded Oral Agreements). 10VZTC Page : d 2 ideorc "INDIA The affkw Fubadw of VirIzon Prlnt DMrttorles ADVERTISING AGREEMENT Product Information - Summary Rev. Feb 12M Date: 05/15/2009 Wle? Customer ID: 2152963292 Business Name: Kerr, John M Law Office Of Esquire street 5020 Ritter Rd City, State, Zip: Lower Alton PA Main LbW Business Phone (717) 766 - 4006 Main Heading: 30800 Product 104590,HARRISSURG HERSHEY COMPANION,PA 063137,HARRISBURG MET YP,PA 000457,SP.COM JUL EAST, Monthly Total Canvass CodeXanvass Name: 85209P / HARRISBURG PA PRIM Contad Number. Contact E-Mail: Sales Rep Name / Sales Rep ID / Contact Number: ENGLISH P 3460411 (8W) 654 - 6330 Estimabd Td"*Mw Current New Cust Pub. Date Number Monthly Monthly k*kl Total Total Changes 0811812009 717 766 - 4008 264.00 0.00 08/18/2009 717; 766 - 4008 442.45 545.15 07/22/2009 (717) 766 - 4008 0.00 218.00 708.45 753.15 x By signing this Agreement i acknowledge that 1 have received, read and agree to the Terms and Conditions that are a part of this Agreement. Initial here x o e By - Signature mint NdMef - Received by ears Media RePresentative 0OWS page I Of 1 9(Wmedia V Date: 04/30/2010 The{>"R,bVWW 01 i6?tOR Rt41t AMbClDIiB6 ADVERTISING AGREEMENT Product Information - Summary Rev. Jan / 2010 Customer ID: 2152983292 Business Name: Kerr; John M Law Office Of Esquire Street: 5020 Ritter Rd City, State, Zip: Lower Allen PA Main Listed Business Phone #: (717) 766 - 4008 Main Heading: 30800 Canvass Code/Canvass Name: HAR1 OF/ HARRISBURG PA MAIN Contact Name: Contact Number: Contact E-Mail: Sales Rep Name / Sales Rep ID / Contact Number: KELLY 17296 / (800) 654 - 6330 Product 104590,HARRISBURG HERSHEY COMPANION,PA 063137, HARRISBURG MET YP,PA 000457,SP.COM JUL EAST, Estimated Telephone Pub. Date Number Current New Cust Monthly Monthly Initial Total Total Changes 08/18/2010 (717 766 - 4008 08/18/2010 717 766 - 4008 07/22/2010 (717 766 - 4008 0.00 25.90 545.15 562.50 218.00 238.00 Product Pub Date Tew*m Number CIKrent ly New Month ly Cult Code mom Sate f h*WI Monthly Total 763.15 826.40 x er- The person signing on behalf of Advertiser or orally authorizing the Ads or Services (i) certifies that he or she is either the Advertiser or is authorized by the Advertiser to sign or orally authorize this Agreement; and (ii) acknowledges that he or she has receive r and agrees to the Terms and Conditions that are a part of this Agreement. Initial here X (101, AAA JA a Date IAA ri Title Received by Media Consultant 1 0VZS Pape 1 of 1 PAGL 1 OF 1 surmedia STATEMENT LAW OFFICES OF JOHN M KERR ESQ ATTN: JOHN KERR STE 109 5020 RITTER RD MECHANICSBURG, PA 170554837 IN ACCOUNT WITH SUPERMEDIA LLC ONE TIME CHARGE FOR DIRECTORY ADVERTISING LISTED TELEPHONE NUMBER 717 766-4008 07/2009 SP.COM JUL EAST 12 MONTHS 0 $218.00 PER MONTH 08/2009 HARRISBURG MET PA 12 MONTHS @ $545:15 PER MONTH 07/2010 SP.COM JUL EAST 12 MONTHS 0 $238.00 PER MONTH 08/2010 HARRISBURG MET PA 12 MONTHS 0 $562.50 PER MONTH 082010 HARRISBURG HERSHEY COMPANION PA 12 MONTHS @ $25.90 PERR MONTH $2,616.00 $6,541.80 $2,856.00 $6,750.00 $310.80 MISCELLANEOUS CHARGES AND ADJUSTMENTS: 10/28/2010 AQGGREGATE LATE CHARGES $668.74 PAYMENTS: 05/06/2010 CHK/REF 1722 ($4,154.30) ACCOUNT# 290001334834 PLUS A 25% COLLECTION FEE BALANCE DUE 1 $15,589.04 V E R I F I C A T I a N I, the undersigned, in my capacity as Specialist- Credit/Collections of SuperMedia LLC, f/k/a Idearc Media LLC, Plaintiff herein, certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I make this Verification subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties Signature Wanda Mattox KRAFT & KRAFT, P.C. By: Robert E. Cherwony Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 reckraft@bigplanet. com SUPERMEDIA, LLC P. O. Box 619009 DFW Airport, TX 75261-9009 VS JOHN M. KERR 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055-4837 Attorney for Plaintiff PILED-OFFICE 3F T?F PROTNONQTAR 2012 JAN-9 PM 12=56 Ctl PENN RLAND COUNTY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW : NO. 11-7427 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF ANSWER, ASSESSMENT OF DAMAGES AND VERIFICATION OF ADDRESS AND NON MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment by default for want of an answer in favor of plaintiff and against the above-named defendant(s) only and assess as follows: Principal $ 15,589.04 Interest 987.13 Attorney's Fees 4.144.04 Total $ 20,720.21 Understanding that false statement herein made are subject to penalty under 18Pa.C.S. Section 4904 relating to unsworn falsification to authority, I verify that: 1. The above are the precise last-known addresses of the judgment debtor(s) and creditor. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. The said defendant(s) is(are) not in the Military Service of the United States of its Allies or otherwise within the coverage of the Soldiers and Sailors Relief Act of 1940, as-amended; is(are) over 18 years of age; and has(have) civilian occupation(s). Ro E. Cherwony Attorney for Plaintiff JUDGMENTQY DEFAULT ENTERED AND DAMAGES A SESSAS??OVE: NOTICE GIVEN UNDE P V IV.P.2 i J__ t PRO PRaTHONOTARY Q,?? • 1tf . Sb Ck Igga 1 John M. Kerr 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055-4837 Date of Notice: December 22, 2011 Caption: SUPERMEDIA, LLC v. JOHN M. KERR COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA No. 11-7427 CIVIL TERM IMPORTANT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 KR A- F , P.C. Ro ert E. herwony, Esquire 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 reckraft@bigplanet.com YOU MAY SATISFY THIS MATTER BY PAYMENT BY RETURN MAIL IN THE ENCLOSED ENVELOPE. 1. This correspondence is being used to collect a debt; the information obtained will be used for the purpose. 2. This is a communication from a debt collector. (Rule of Civil Procedure No. 236)-Revised COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW NO. 11-7427 CIVIL TERM SUPERMEDIA, LLC) Plaintiff VS. JOHN M. KERR) Defendant Notice is given that an Order in Judgment in the above-captioned matter has been entered against you on 2012. PROTHON RY BY: 3woAp Depu " ' If you have any questions concerning the above, please contact: KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7427 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUPERMEDIA, LLC Plaintiff (s) From JOHN M. KERR, 5020 RITTER ROAD, SUITE 104, MECHANICSBURG, PA 17055-4837 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY AT 5020 RITTER ROAD, SUITE 104, MECHANICSBURG, PA 17055-4837. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GA?ISHEE(S) as follows: CC MQsGe TD BANK, 6 ASHLAND AVENUE, CARLISLE, PA 17013 CITIZENS BANK, 665 N. EAST STREET, CARLISLE, PA 17013 PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 WELLS F'ARGO BANK, NA, 604 E. HIGH STREET, CARLISLE, PA 17013 CHECKING ACCOUNT, SAVINGS ACCOUNT, SAFE DEPOSIT BOX, OR ANY OTHER PERSONALTY OR REALTY WHICH MAY BE IN THE POSSESSION OF THE GARNISHEE BELONGING TO THE DEFENDANT and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$20,720.21 L.L.$.50 Interest ,t?L4lt? 0A lp 0/t 0.nrit4+M Atty's Comm % Due Prothy $2.25 Atty Paid 5231.00 Other Costs Plaintiff Paid Date: 2/217/12 David D. Buell, Prothonotary (Sea]) P B Deputy REQUESTING PARTY: Name ROBERT E. CHERWONY, ESQUIRE Address: 1311 SPRUCE STREET, PHILADELPHIA, PA 19107 Attorney for: PLAINTIFF Telephone: 215-546-5100 Supreme Court ID No. 17623 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSj,VANI CIVIL DIVISION `:' trl SUPERMEDIA, LLC ( )Confessed Judgment ,,r ? 7'- ( ) Other <C:) vs. JOHN M. KERR, NO. 11-7427 CIVIL TERM ?c N Defendant, and TD BANK, NA, u ° CITIZENS BANK, PNC BANK and Amount Due $20,720.21 WELLS FARGO BANK, NA, Garnishees TO THE PROTHONOTARYOF THE SAID COURT: The undersigned hereby certifies that the below does not arise installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate opriginal proceeding filed pursuant toAct 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) To levy and sell any and all personal property at: JOHN M. KERR 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055-4837 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Checking account, savings account, safe deposit box, or any other personalty or realty which may be in the possession of the garnishee belonging to the Defendant. and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). defendant(s) described in the attached exhibit> Date: February 1, 2012 Signature: Print Name: Robert E. Cherwony, Esquire Gva? C G .6C? i q S. Do i- Address: 1311 Spruce Street 3$ cc:' << r Philadelphia, PA 19107 C) a- 00 215-546-5100 ( ) (Indicate) Index this writ against the garnishee(s) as a lis endens agains real estate of the p GPI tI ?r 1(?,SO u k ?? S L o C? ? (? k? 1 9 (el (,?) J D Interest 1/9/12 Atty's Comm _ Costs ? ?torney ID NO. 17623 a S D r ? --, i ? S? I ? ? ?? ?? -?' mil- Attorney for Plaintiff d ? O? O OQ U d OW H O? U t- 3 a a U H ? d a > O 04 Z' O n Q U d r '4 d cG o , © , d d ?t)D O U cp Ln W ?li Q" N SUPERMEDIA, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION AT LAW JOHN M. KERR and TD BANK, NA Garnishee No. 11-7427 CIVIL TERM ANSw?`-Ta INTERROGATORIES IN ATTACHMENT TO: TD BANK, NA, garnishee(s) Your are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to him, (her, them) or any negotiable or other written instrument, or did he (she, they) claim that you owe him (her, them) any money or were liable to him (her, them) for any reason? No Accounts 2. At the time you were served or at any subsequent time there in your possession custody or control or in the joint possession, custody or control for yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? If so, how much? ;. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person place pursuant to your direction or consent and what was the consideration therefor? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his (her, their) direction or otherwise discharge any claim of the defendant(s) against you? Date -7, Robert E. Cherwony, Esquire Attorney for Plaintiff rn Ca =M 320 ''y< N COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-7427 CIVIL TERM ---------------------------------- SUPERMEDIA, LLC P. O. Box 619009 DFW Airport, TX 75261-9009 vs. JOHN M. KERR 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055-4837 and TD BANK, NA 65 Ashland Avenue Carlisle, PA 17013 -------------------------------- INTERROGATORIES IN ATTACHMENT --------------------------------- To the within named Garnishee: Take notice that you are - required to answer the within Interrogatories within twenty (20) days after service thereof upon you. ------------ -- X ---- 4 -------- ?XL- Robert E. Cherwony, Esquire Attorneys for Plaintiff KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) _ Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION Supermedia, LLC Plaintiff(s), vs. John M. Kerr Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. 2011-7427 CD C:) Z g D CD : - ` =w ? Ul ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 6) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains no record of any deposit account in the name of the defendant,John M Kerr, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Dara Wilkerson who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. ?-a N CLCk----' Dara Wilkerson Sworn and subscribed before me this 27TH day of March, 2012. %L Notary Public co MON`NEALTN OF PENNSYLVANIA "- Notarial Seal j9 Christina Graham, Notzry Public City of Pittsburgh, Allegheny county uly commission Exp Ires March 23, 2014 , - Certificate of Service I, Dara Wilkerson, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 27th day of March, 2012. Robert E. Cherwony, Esquire 1311 Spruce St. Philadelphia, PA 19107 John M. Kerr ho Ui Dara Wilkerson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION SUPERMEDIA, LLC, Plaintiff(s), VS. JOHN M. KERR, Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. 2011-7427 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson iff n tai vdy S Smith Chief Deputy [?'t _}. Richard W Stewart Solicitor Supermedia, LLC Case Number VS. John M Kerr 2011-7427 SHERIFF'S RETURN OF SERVICE 03/07/2012 09:40 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 0939 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: John M. Kerr, in the hands, possession, or control of the within named garnishee, Commerce Bank, now known as Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria Theodoratos, Assistant Store Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 03/07/2012 11:18 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 1118 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: John M. Kerr, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Amanda Moore, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 03/07/2012 09:27 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 0927 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: John M. Kerr, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 N East Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Shelley George, Banker, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 03/07/2012 09:45 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2012 at 0945 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: John M. Kerr, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank NA, 604 E High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to David Plecter, Banker, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. 03/29/2012 12:55 PM - Tim Black, Deputy , being duly sworn according to law, states that on March 29, 2012 at 12:55 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: John M Kerr at 5020 Ritter Road, Suite 104, Upper Allen Township, Mechanicsburg, PA 17055, informed Defendant of contents of same. No levy completed at this time due to defendant's refusal to permit deputies to levy. 04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per request of plaintiffs attorney. SHERIFF COST: $276.17 SO ANSWERS, April 04, 2012 RON R ANDERSON, SHERIFF c ,r ntf Tee ,.t In,, ??3?-7 L EsSLe-b7 ?Fe,3e / 7 -? L `IG e17 I pd 6vU?J M9UTid 31WHEION Xluo slsoo znoX jo juotuXvd uodn `panulluoasip `aaustuaBO `VN `*MS 02 UA SIIam `0;) ISiure9 auj Isuiu?? Iuauztlatml3aul ilreuz Xlpui}I : A,XVIONOHJLO'Hd MU OZ , 7i lJol Lf1:)gXq .LK3wH:lvjL.Lv 3f NljLNo3sIQ O,L H3GH0 C'+ o #'a'I AHNUO.L,LV 9RHSINUVO V'N NNVg O9dVJ STEM LZbL- II 'ON LLJ aNVIME ID 3o A.LNnoD SVTId NOWWOD 40 MIOD : pue UUJX ICI NHOf 'SA D'I"I `ViGa adas