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Home My WebLink About14-3700 Supreme CourtbfPennsylvania .% �.�X. Court;of-Coin m oi-Pleas For Prothonotary Use Only:. Ci*il-'Cover Sheet Docket No: Currilierland" ...4= COUIIty t� - - ' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T SuperMedia, LLC Chimney Sweep Systems, Inc. I X Dollar Amount Requested: Rwithin arbitration limits Are money damages requested. 0 Yes 0 No (check one) []outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes ED No Is this an MDJAppeal? Yes X No A Name of Plaintiff/Appellant's Attorney: Richard W. Keifer III, Esquire 0 Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY 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) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle Xi Debt Collection:Other E, Board of Elections 10 Nuisance breach of contract for 0 Dept.of Transportation 0 Premises Liability services Statutory Appeal:Other S Product Liability (does not include 0 Employment Dispute: E mass tort) El Slander/Libel/Defamation Discrimination C 0 Other. ❑ Employment Dispute:Other __ Zoning Board T 1- F Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment E]J ] Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment El Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY I Mortgage Quo Warranto Mort a e Foreclosure:Commercial "� 0 Dental 0 Partition 0 Replevin 0 Legal El Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 r. p Richard W. Keifer III �4S "�� i� THIS IS AN I.D. #84924 ARBITRATION CASE Keifer Law Firm AN ASSESSMENT OF DAMAGES 8 Gershom Place HEARING IS NOT REQUIRED Kingston, PA 18704 (570)371-3851 SUPERMEDIA LLC 2200 WEST AIRFIELD DRIVE COURT OF COMMON PLEAS P.O. BOX 619810 CUMBERLAND COUNTY DALLAS/FORTWORTH AIRPORT, TX 75261- CIVIL-ACTION-LAW 9810 Plaintiff, vs. No. V t CHIMNEY SWEEP SYSTEMS, INC. 73 W. MAIN STREET PLAINFIELD, PA 17081 Defendant, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this complaint and notice are served, by entering a written appearance personally or by an 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 C-� Richard W. Keifer III THIS IS AN I.D. #84924 ARBITRATION CASE Keifer Law Firm AN ASSESSMENT OF DAMAGES 8 Gershom Place HEARING IS NOT REQUIRED Kingston, PA 18704 (570)371-3851 SUPERMEDIA LLC 2200 WEST AIRFIELD DRIVE COURT OF COMMON PLEAS P.O. BOX 619810 CUMBERLAND COUNTY DALLAS/FORTWORTH AIRPORT, TX 75261- CIVIL-ACTION-LAW 9810 Plaintiff, vs. No. CHIMNEY SWEEP SYSTEMS, INC. 73 W. MAIN STREET PLAINFIELD, PA 17081 Defendant, COMPLAINT Plaintiff, SuperMedia, LLC by its attorney, Richard W. Keifer III, files this Complaint and avers as follows: 1. Plaintiff, SuperMedia, LLC, is a Delaware limited liability company with its principal place of business located at 2200 West Airfield Drive, P.O. Box 619810, Dallas/Fort Worth, Texas. 2. Defendant, Chimney Sweep Systems, Inc., is a Pennsylvania corporation with its registered office address located at 73 W. Main Street, Plainfield, PA 17081. COUNT I—BREACH OF WRITTEN CONTRACT 3. Plaintiff incorporates paragraphs one through two of its Complaint is if fully set forth herein. 4. In 2011 and 2012, Plaintiff and Defendant entered into three written contracts in which Plaintiff was to provide advertising for the Defendant. 5. The first written contract was entered into on May 4, 2011. A true and correct copy of the contract is attached hereto as Exhibit`B" 6. The second written contract was entered into on March 21, 2012. A true and correct copy of the contract is attached hereto as Exhibit"C." 7. The third written contract was entered into on March 23, 2012. A true and correct copy of the contract is attached hereto as Exhibit"D." 8. In accordance with the contracts Plaintiff provided advertising services to the Defendant. 9. Defendant received and accepted Plaintiff's services as described in the contracts. 10. The prices set forth in the contracts are the fair, reasonable and market prices and the prices which Defendant agreed to pay. 11. Although demand has been made, Defendant has failed to make payment of the amounts due. As a result of the foregoing, there is due and owing from the Defendant to Plaintiff the sum of$29,673.98. True and correct copies of the statements of account are attached hereto as Exhibit"D." 12. The contracts provide for attorney's fees. Accordingly, Plaintiff seeks attorney's fees. WHEREFORE, Plaintiff demands damages of the Defendant in the amount of$29,673,98, an amount not in excess of Fifty Thousand Dollars ($50,000)together with attorney's fees, interest and costs. COUNT II- QUANTUM MERUIT 13. Plaintiff incorporates paragraphs one through twelve of its Complaint as if fully set forth herein. 14. During 2011 and 2012, at the request of the Defendant, Plaintiff provided advertising services to the Defendant. These advertising services consisted of both internet and phone book advertising. 15. At the Defendant's request, the Plaintiff provided Defendant with advertising services. As a result of Plaintiff's considerable work and effort Defendant was subject to great benefit. These benefits include, but are not limited to: a) Financial benefit derived from increased clients and increased exposure; b) Professional benefits derived from clients and increased exposure; C) Economic benefits derived from increased business; 16. The reasonable value of the services provided by Plaintiff to the Defendant is $29,673.98. 17. Defendant has failed to pay the Plaintiff for the services provided. It would be unjust to allow the Defendant to retain the benefits without paying Plaintiff. WHEREFORE, Plaintiff demands damages of Defendant in the amount of$29,673.98plus interest and costs. PRAYERS FOR RELIEF WHEREFORE, Plaintiff prays that the honorable Court enter judgment against Defendant as follows: 1. AS TO COUNT I As to the Defendant in the sum of$29,673.98 plus interest, attorney's fees and costs. 2. AS TO COUNT II As to the Defendant in the sum of$29,673.98. Respectfully submitted, Keifer Law Firm By: Richard W. Keifer III, Esquire 8 Gershom Place Dated: 1 Kingston, PA 18704 (570)371-3851 VERIFICATION I, Jaclyn Abbett, do hereby verify that I am authorized to make this Verification on behalf of SuperMedia, LLC, that the foregoing document was prepared with the assistance of the employees of SuperMedia, LLC. Upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of,counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Q W, -4,Qko�t Dated: 61 (,5 14 J yn Ab ett sqmermedla ADVERTISING AGREEMENT Product Inforrnation-Summary Rev.Aug/2010 Date:5412011 anvass Code/Canvass Name: Customer ID: C 2113063935 HAR11F/HARRISBURG PAI IL Business Name. Contact Name:Jon Irmn Cumberland;Chimney Sweeps Street: Contact Number:(717)691-8591 City,State,Zip: Contact E-mail:jmck05a@aol.com Mechanicsbur 'PA'17081- Main Listed Business Phone#: Media Consultant Name/Media Consultant ID/Contact Number: Your Media Consultant (717)691-8591 Estimated Telephone No.of Current New Cust Initial Product Pub.Date Number Billing Monthly Monthly Changes Months Total Total 32775 WASHINGTON COUNTY YP 1218/2011 (8 757 issue Period $130.00 $109.40 62725 DILLSBURG 10M912011 (717)691- Issue Period $24.00 $16.60 8591 62725 DIL.LSBURG 10,19/2011 J1432 Issue Period $0.00 $0.00 8185 63137 HARRISBURG MET YP 8/1812011 5191)691 Issue Period $795.90 $753.65 63137 HARRISBURG MET YP 8/1812D11 (717)243- 7 2)243 Issue Period $0.00 $218.40 63173 HERSHEY 8/1/2011 (800)24767- 8 024 757 Issue Period $104.00 $91.75 04 63173 HERSHEY 811/2011 (717)533- Issue Period $0.00 $19.00 2915 63377 LANCASTER COUNTY 1211412011 (717)691- Issue Period $321.00 $19.00 8591 63377 LANCASTER COUNTY 12/1412011 (800)875- Issue Period $0.00 $72.10 4665 63377 LANCASTER COUNTY 12114/2011 (800)757- Issue Period $0.00 $194.85 64764 YORK272 1011912011 7(717)757- issue Period $454.00 $371.15 64764 YORK 1011912011 (800)875 Issue Period $0.00 $52.80 4865 104169 GETTYSBURG REGIONAL 8/2812011 (717)337- Issue Period $23.00 $23.50 63137 HARRISBURG MET YP 811812011 (00)757 Issue Period $0.00 $0.00 63137 HARRISBURG MET YP 8/18/2011 0(717)238- issue Period $0.00 $0.00 64764 YORK 10/1912011 (800)757- Issue Period $0.00 $0.00 0424 64764 YORK 10119/2011 (717)432. Issue Period $0.00 $0.00 8185 104590 HARRISBURG HERSHEY 8/1812011 471 238- issue Period $0.00 $0.00 COMPANION 104590 HARRISBURG HERSHEY 8/18/2011 X15 533- Issue Period $0.00 $0.00 COMPANION 104590 HARRISBURG HERSHEY 8/1812011 (717)691- Issue Period $0.00 $0.00 COMPANION 8591 104603 YORK COMPANION 10119/2011 811 432- Issue Period $0.00 $0.00 85 457 SP.COM JUL EAST 7/22/2011, (800)875- 12 $0.00 $99.00 10STS Paget of 4 2123063935 CunbeAanE;Chimney sweeps Superpox Page 1 of 4 4865 108629 SD EXC MAILER&ADDL (800)757- CARDS-EAST-JUN WK2 611012011 0424 CANCELLED $158.35 $0.00 Monthly Total for issue and 12 month billing $2,010.25 $2,041.10 Terms and Conditions 'You'means the individual or business entity listed above.'Ve:"us"and"our"means SuperMedia LLC."Print Ads"means advertising in our print directories or other printed non-dtrectory products(together,'Publications'. "Electronic Acts"means advertising on various electronic media,including the Superpages.eorn®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 and/or Electronic Ads. You agree that this Advertising Agreement and any additional terns 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 pre-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.superpages.cori/terms and at vAow.supormedia.com/helptterms-conditions.isp You are responsible for reviewing these Bemis and conditions and the Additional Terms. 1, Order. By signing below or by Recorded Oral Agreement(herein so called),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. Notices/How to Contact Us. All notices to us must be in writing and mailed to SuperMedia LLC,P.O.Box 610609,D/FW Airport,TX 75261,faxed to 972-453-6764,or sent by going to www sunermedia.com/suaoorUcontact-us,clicking 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 Client Care at 800-555-4833. 3. Tem,. Subject to automatic renewal as described in Section 4 and unless otherwise provided in the Additional Terms,(i)the initial tern for a print Ad or Service is the period we provide such Ad or Service and(i)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. A. Revision/Cancellation/Automatic Renewal.You may revise or cancel your request for Ads and Services only by written notice that is received by us(1)for Ads and Services in Publications(except for limited inventory items),by the later of the close date or three business days after the Agreement Date,(II)for limited inventory Items in Publications,within three business days after the Agreement Date;and(ili)for Electronic Ads and electronic Services,within 21 days after the Agreement Date.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 by the close date,we may automatically renew your print directory Ads,except for limited inventory Items(Section 17),in the next subsequent issue. You are responsible for obtaining a Publication close date by calling Client Care at 800-5554833. We may automatically renew your Electronic Ads and electronic Services after the end of the initial term for successive one-month terms unless we receive written cancellation notice at least 30 days before the end of the final month of your Electronic Ads and electronic Services. You agree that the then current undiscounted rates and terms and conditions will apply to automatically renewed print directory Ads,Electronic Ads and electronic Services. We may cancel your Electronic Ads and electronic Services without notice at any time for any reason.- 5. Charoes/Billing.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 undiscounted rates).You also agree to pay any one-time 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's 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 report,and you agree that we may report to credit reporting agencies 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. Late Chafoes. We will assess,and you agree to pay,late charges on account balances not paid by the due date(including balances 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 tee in an amount equal to the nighest lawful amount. 8. Our R� 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 aft unpaid amounts you owe and will owe for all Ads and Services for the entire term of this Agreement;(tt)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 costs and attorneys' fees;and(vi)pursue any other available legal or equitable remedies. 9. Limitation of Liability/Disclaimers.You agree to review the Ads and Services immediately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Ad or Service omitted.You agree that vie may provide tree advertising pursuant to our then-current policies instead of a refund or credit to your account,and that we will have no liability with respect to any listings.Ads or Services provided to you at no cost.The total aggregate liability for us and our affiliates for errors in or omission of the Ads or Services,negligence,any breach of this Agreement,and any other cause of action or wrongful act is limited to,and shall in no event exceed, time lesser of(a)the amount by which the value o:the Ad or Service was diminished or(b)the amount you have paid for the Ad or Service giving rise to the liability(the"Liability Cap"). We are not liable for consequential damages,punitive damages,incidental damages,or 10ST5 Page 2 of 4 2113063935 CunVMMnd:Chimney Sweeps Superpox Page 2 of 4 damages for harm to business, lost revenues,profits,or goodwill,or any other special damages,whether the claim is based on negligence, breach of contract or express or implied warranty,strict liability,misrepresentation,statute,tort,or any other theory of recovery,even it you or we knew such damages could or may result.We disclaim any obligations,representations,or warranties,whether express or implied,that are not expressly set forth in this Agreement including any warranty of merchantability or fitness for 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 benefit.The limitations in this Section shall apply notwithstanding any failure of essential purpose under this Agreement.We are not liable 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 (000)555-4033. 10. Waiver of Class Action and Jury Trial and Consent to Bindinq 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, shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association. 1 i. ProductslPublicatton/Dlstdbution.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 infringement,we may remove the disputed content immediately.We may change each name,street address,Internet 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 any Ad. 14. Client Content SuoerGuarantee. "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 as a perpetual,royalty-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 SuperGuarantee®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 Rights in Advertisina Content/CopyaghtfTrademarks. 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 all 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'limifation,the trademarks SuperGuarantees and SuperGuarantee shield design,unless permission is granted by us in writing. 16. Client's Represent ins.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; (i)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 appear;(ii)you have not made any false or misleading claims in any Ad;(iv)you have not 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 rotated 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 date 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. Indemnification.You agree to defend,Indemnify and hold us and our affiliates harmless from any liability or costs,including attomeys'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:(e)any claim 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 terminafioi'i of this Agreement. 19.Goveming 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 taw wtthout reference to the laws relating to conflicts of laws. 20.Entire Agreement.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 SuperMedia employee or agent is authorized to change or add to this Agreement or any other documents that are part of this Agreement in anyway,and any purported change or addition,whether oral or written,Is void. 10STS Page 3 of 4 2113063935 Cumberland;Chimney sweePs Superpox Page 3 of 4 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 set 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 acts of God 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 of this Agreement will be deemed a duplicate original for evidentiary purposes. 22.Contact by 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,facsimile or e-mail.You agreethat telephone conversations between you and us or our agents may be monitored and/or recorded(including Recorded Oral Agreements). The person signing on behalf of Advertiser or orally authorizing the Ads and Services certifies that he or she is either the Advertiser or is authorized by the Advertiser to�sign n�o}r orally authorize this Agreement. Auth rized By- ignature Date Print Name Title Your Media Consultant Received by Media Consultant 10STS Page 4 of 4 211301=35 Cumbedand:Chimney Sweeps Superpox Page 4 of 4 su efrmedia MARKETING SERVICES ADVERTISING AGREEMENT ONLINE ONLY Rev.Dec!2011 Date: Z Customer ID: Canvass CodelCanvass Name: ines6 Name: �1 Contact Name: n`= C C `r' fJi 1r�n Street Contact Number: i ✓a --7 C" ,State,Zip: Conte E-nait Y , Main Listed Business Phone*: Media Consultant Name t Media Consuttant ID I Contact Number. i' u: , Bundle Product Estimated Pub.Month Telephone Number New MoWhly Total DM9Sq15-- r7 Q PRESENCE" I Laval Search Engine network advertising diistrilution Setup and managemerg of Google Places profile Profile and lig management across top web properties Social Media(Facebook business page creation and management) Profile and listing management for distribution online f Please refer to ttte additional Terms and Conditions located at www.su m2 s f ❑ PRESENCE LRE' JI Desktop Website(Domain,hosting,and design) Mobile Website(marching the Desktop Website domain) Setup and management of Google Places profile Pfoftie and listing management across top web properties Social Media(Facebook business page creation acrd management) Profile and fisting management for distribution online Please refer to the additional Tenns and Conditions.located at www.su a es.comlremes PRESENCE PUW Local Search engine network advertising distribution Desktop Website(Domain,hosting,and design) Mobile Website(marching the DeSMOP Website,domain) Setup and management of Google Places prof!- Profile and listing management across top web properties Social Media(Facabook business page creation and management) Profile and listing management for df RvAon online Please refer to the additional Temrs and Cordttions located www.auMEaRes.rAmkerms © PROMOTION" Local Search Engine network advertising distribution Desktop Website( (tain,hosft,and Mobile website(matching Desimw Websstte domini) Setup and management Of Google Places profile Profile and Rating management across top web properties Social Media(Faceuook business page creation and management) Profile and listing management for distribution ormne Please refer to the additional Terms and Conditions IOCated www. u s.com/terms PREMIL11ir Local Search Engine network advertising distribution Desktop Website -Domain,hosting,and design Mobile Website-matching the Desktop Website domain Setup and management of Google Places prof8e Profile and listing management across top web properties Social Media-Faoebook business page creation and management Profile and Fisting management for distribution online Website search engine optimization services Please refer to the additional Terms and Conditions located www.suparpaget.comflemir L11%rvAaQr1me0%4JMAA face l oro Superpox Page 1 of 4 TERMS AND CONDITIONS 'You"means the individual Or business entity fated above."'We,'"us"and"nut"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.comO 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 and/or Electronic Ads. You agree that this Advertising Agreement and any additional terms and conditions('Additional Terms?that"publish on the websites described in the nerd sentence and that are in effect on the Agreement Date or that are included in any pre-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.suoerpages,comttsrms and attM&tipermedia.com/helattorme-conditions.igo. You are responsible for reviewing these terms and conditions and the Additional Terms. 1. Order. By signing below or by Recorded Oral Agreement(herein so called),you authorize us to pubfish 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. IVOtices/ltow to Contact tis. All notices to us must be in writing and mailed to SupertlAedia ILC,P.O-Box 61060,D/FW Airport,TX 75261, taxed to 972-453-6764,or sent to SinelePoiMofContacOsuoe ia.com-Cancellation notices must include your business name,telephone number,and address.For quest-ions about this Agreement or your advertising,please call Client Care at 866-664.8104. 3. Tenn. Subject to automatic renewal as described in Section 4 and unless otherwise prwAded in the Additional Terms,C)the initial term for 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. Revislon/Cancellation/Automatic Renewal.You may revise or cancel your requestfor Ads and Services ordy by written noficethat is received by us(1)for Ads and Services in Publications(except for limited inventory items),by the later of the dose date or three business days atter the Agreement Date,(u)for limited inventory items in Pubiicatierw,wltWn,three business days after the Agreement Date;and(iii)for Elec"Itle Acs and electronic Services,within 24 days alter the Agreement Date.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 by the dose daft,we may automatically renew your print directory Ads,except for limited inventory items(Section 17),in the next subsequent issue. You are responsible for obtaining a Publication close dare by catling Client Care at 801)-5554833. We may automatically renew your Electronic Ads and electronic Services after the end of the initial term for successive one-month terms unless we receive written cancellation notice at least 30 days before the end ofthe final month of your Electronic Ads and electronic Services. You agree that the then current undiscounted rates and terms and conditions will apply to automatically renewed print directory Ads,Electronic Ads and electronic Services. We may cancel your Electronic Ads and electronic Services without notice at any time for any reason. 5, Charges/Biltin0.You agree to pay the morhthly rates Wed 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 undiscounted rates).You also agree to pay any one-time 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 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 Ptint 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 report to credit reporting agencies 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. Late Chancres. We will assess,and you agree to pay,late charges on account balances not paid by the due date(including balances 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,it 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 B. Our RemeQies. 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 Orly 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 will owe for all Ads and Services for the entire term of this Agreement;(i)remove your Ads from any Publication that has not published;(01)remove,suspend,or modify your Electronic Ads;(iv)suspend or terminate any Services:(v)recover all collection costs and attorneys'fees;(v)redirect to anof}er company possibly a competitor or pemnanwitly or temporarily disconnect the unique telephone numbers appearing in your print andlor online advertising or services;and(vii)pursue any other available legal or equitable remedies. 9. Limitation of LiabilityANaclaimgg_You agree to review the Ads and Services immediately after their publication or provision and to notify us in wtitina of any errors or omissions no later than 30 days after the error is first published or displayed or the Ad or Service omitted.You agree that we may provide free advertising pursuant to our then-current policies instead of a refund or credit to your account,and that we will have no liability with respect to any listings,Ads or Services provided to you at no cost.The total aggregate liability for us and our affiliates for errors In or omission of the Ads or Services,negligence,any breach of this Agreement,and any other cause of action or wrongful act is limited to, and shalt in no event exceed,the lesser of(a)the amount by which the value of the Ad or Service was diminished or(b)the amount you have paid for the Ad or Service giving rise to the liability(the"Liability Cap"). We are not liable for consequential damages,punitive damages,incidental damages,or damages for herr to business, lost revenues,profits,or g000lwiu,or any other special damages, whether the claim is based on negligence,breach of contract or express or Implied warranty,strict liability,misrepresarttation,statute, tort,or any other theory of recovery,even if you or we knew such damages could or may result.We disclaim any obligations, representations,or warranties,whether express or implied,that are not expressly set forth in this Agreement including any warranty of merchantability or fitness for 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 benefit The limitations in Phis Section shall apply notwithstanding any failure of essential purpose under this Agreement We are not liable 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 avreement hehveen you and us.You may obtain dtifonnatlon about this option by contacting us at(800)656 4833. 116undlaoryimonNMSAA Page 2 Oil 4 Superpox Page 2 of 4 I 0. yyaiver of Class Action and dunr Trial and Consent to Binding Arbitration_ In any legal proceeding relating to this Agreement,the parties agree to waive any right they nmy have to parWpat6 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 Agneement(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 regarcitng 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 t0 binding arbitration under the Commercdat Rules of the American Arbitration Association. 11. ProductUPublication/Distributon.We reserve the sole right to determine(and may change at any time without notice to you)the design, content,sm .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 refect 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 immediately-We may change each name,street address,Internet 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_ We may redirect calls arising from Ads of other advertisers to you in our discretion 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 otheradvertiser)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 any Ad. 14. Client Content SuperG rantee. '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,royalty4ree,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 SuperGuaranteem 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 tail to comply,we may cancel or suspend your Ads or Services. 15,Our Rights in AdvertisingContentl_9pyriaht(Ttadernarks 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 oar the copyright in,and all copyrighted portions of,each Publication and the Electronic Platform.You agree not to use or after 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 SuperGuarantee shield design,unless permission is granted by us in writing. 16. Client's Representations.You represent and warrant that(ail 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 Bing 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 jurtsdictions where the Ads appear;(iii)you have not made any false or misleading claims in any Ad:(iv)you have not 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 Immediately tf any of the above becomes inaccurate. 17.Urri,ned 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 some directory if you:(i)sign a new Agreement to renew the Ad at the then current rate prior to the renewal due date we specify,and(H)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.Product Bundles. Notwithstanding anything else to the contrary in this Agreement,if you are sold two or more products that comprise a bundle and that bundle of products is priced as a bundle and not as individual products,you remain responsible for the payment of the full price of the bundle in question per the pricing terms of the bundle,even it you decide not to use any one or more of such products in the bundle,or if you fail to provide content or anything else necessary to permit one or more products in the bundle to perform as described 19. Indemnification.You agree to defend,indemnify and hold us and our affiliates harmless from any liability or costs,including aftomeys'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 claim 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. 20.Gpvemino 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 taw without reference to the laws relating to conflicts of laws. 21.Entire Aoreemerlt.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 forth of payment,and we may cash a check containing a limiting endorsement or accompanied by any limiting instruction withoul affecting your obligations or our rights.Neither you nor any SuperMedia employee or agent is awhorized 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. i avdleOMinoUMyl,ISAA Pope 3 of 9 SuperAox Page 3 of 4 22.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 set 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 parry win be!table for any damages arising from acts of God 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 of this Agreement will be deemed a duplicate original for evidentiary purposes. 28.Contact by 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.nail or other mail,facsimile or e4nafl.You agree that telephone conversations between you and us or our agents maybe monitored andlorrecorded(including Recorded Oral Agreements). REPRESENTATIONS REGARDING CLIENT PROVIDER CONTENT You have and/or will submit to us certain photos or other images,video footage,logos,text and/or aftoik(all such item,whether in a single submission or multiple submissions being referred to herein as the Content)to include in your Ads andlor to be used in connection with a product or service vm provide to you. As per Section 16 of this Agreement you represent and warrant that S. The Content was created by you or your employees and you have the unrestricted right and authority to use the Content in any media or medium and in any Ad,in the way it is used in such Ad,media or medium and to give us the rights granted in the Agreemern,or the Content was created by a third party who has given you written permission to use the Content in your Ad,media or medium and to give us the rights granted in the Agreement;and 2. If the Content includes the name or a photo or other image or likeness of a person or persons,you have obtained from each such person (or from the parent or lawful guardian of any person who is under eighteen(18)years of age)the unrestricted and perpetual right to use the name.photo,or other image or likeness in the manner contemplated'by,and to grant us the rights granted under this Agreement. You acknowledge that each submission of Content that you make to us,be it online or online,is made subject to these representations. The person signing on behalf of Advertiser or orally authorizing the Ads and Services certifies that he or she is either the Advertiser or is authorized by the AdVWstinor orany a or this Agreement , 1'?, l 1'Z- Au o 8y-Signat re Date Print Name Title Mdie on ant Name i1 eundleOnlineOnWSAA Page 4 of A Superpox Page 4 of 4 s�pe�rrr�d�a v ADVERTISING AGREEMENT Product Information-Summary Rev.Aug 12010 Date:3/2312012 Customer ID: Canvass Code/Canvass Name: 21 1 306393 5 HAR12F/HARRISBURG PA12L Business Name: Contact Name:Jon trMn Cumberland,,Chimney Sweeps Street: Contact Number:(717)691-8591 City,State,Zip: Contact E-mail:jmck05a®aot.com Mechanicsbu 'PA'17081- Listed Business Phone#: Media Consultant Name 1 Media Consultant ID/Contact Number: Main Main691-8591 Tony D'Alessandro 108325!(717)541-2766 Estimated Telephone No,of Current New Cust Initial Product Pub.Date Number Billing Monthly Monthly Changes Months Total Total 32775 WASHINGTON COUNTY YP 121812012 (800)757- issue Period $109.40 $124.05 0424 62725 DiLLSBURG 1011912012 (717)432- Issue Period $0.00 $0.00 Bias 62725 DILLSBURG 10/1912012 (717)691 issue Period $16.50 $16.80 8591 63137 HARRISBURG IMET YP 8/1812012 (717)891 Issue Period $753.65 $761+40 8591 63137 HARRISBURG MET YP 8/1812012 (717)243- 7 2 243- issue Period $218A0 $238.60 63137 HARRISBURG MET YP 811 (717)238- $12012 0457 issue Period $0.00 $0.00 63173 HERSHEY 8!112012 (800)875- Issue Period WAS $18.10 4865 63173 HERSHEY 811/2012 (800)757- issue Period $73.90 $74.75 63173 HERSHEY 8/112012 (717)533. Issue Period $19.00 $0.00 2915 63377 LANCASTER COUNTY 1211412012 (800)875- Issue Period $72.10 $72.96 4865 63377 LANCASTER COUNTY 12/14/2012 04�)757 issue Period $194.85 $196.90 64764 YORK 1011912012 77 7)1767- Issue Period $371.15 $374.85 64764 YORK 1011912012 (800)875- Issue Period $52.80 $53.40 4865 64764 YORK 10/19/2012 811 432- Issue Period $0.00 $0.00 85 104169 GETTYSBURG REGIONAL 812812012 (717)337 issue Period $23.50 $23.75 1222 104590 HARRISBURG HERSHEY 8/18/2012 (77 238 Issue Period $0.00 $0.00 COMPANION 104590 HARRISBURG HERSHEY 8/18/2012 (717)533- issue Period $0.00 $0.00 COMPANION 2915 104590 HARRISBURG HERSHEY 8/1812012 (717)691- Issue Period $0.00 $0.00 COMPANION 8591 104603 YORK COMPANION 1011912012 (717)432- 1l 5)482- Issue Period $0.00 $0.00 457 SP.COM JUL EAST 7/2712012 (800)875- 8 0 8755- CANCELLED $99.00 $0.00 66 63377 LANCASTER COUNTY 12/1412012 (717)691- CANCELLED $19.00 $0.00 8591 10STS Page 1 of 4 2113063935 Cumbedand:Chimney Sweeps Superpox Page 1 of 4 Monthly Total for issue and 12 month billing $2,041.10 $1,953.45 )1 Terms and Conditions "You"means the individual or business entity listed 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.com@)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 and/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 pre-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 2WW.supeM2Qes.00m/terms and at www.su rmedia.c het rms-conditions.s . You are responsible for reviewing these terms and conditions and the Additional Terms. 1. Order. By signing below or by Recorded Oral Agreement(herein so called),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. Notices/How to Contact Us. All notices to us must be in writing and mailed to SuperMedia LLC,P.O.Box 610609.D/FW Airport,TX 75261,faxed to 972453-6764,or sent by going to www suoerrnedia comisupporticontact-us.clicking 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 Client Care at 800-555.4833. 3. Term. Subject to automatic renewal as described in Section 4 and unless otherwise provided In the Additional Terms,(i)the initial term for a print Ad or Service is the period we provide such Ad or Service and(i)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. Revision/Cancellation/Automatic Renewal.You may revise or cancel your request for Ads and Services only by written notice that is received by us(1)for Ads and Services in Publications(except for limited inventory items),by the later of the Gose date or three business days after the Agreement Date,(II)for limited inventory items in Publications,within three business days after the Agreement Date;and(iii)for Electronic Ads and electronic Services,within 21 days after the Agreement Date.We will attempt to contact you regarding the renewal of your print directory Ads.Hwe send a renewal notice to you at the address reflected in our records regarding your print-directory Ads forthe next issue of a print direetoryand we do not receive a written cancellation notice from you by the close date,we may automatically renew your print directory Ads,except-for limited inventory items(Section 17),in the next subsequent issue. You are responsible for obtaining a Publication dose data by calling Client Care at 800-555-4833. We may automatically renew your Electronic Ads and electronic Services after the end of the initial term for successive one-month terms unless we receive written cancellation notice at least 30 days before the end of the final month of your Electronic Ads and electronic Services. You agree that the then current undiscounted rates and terms and conditions will apply to automatically renewed print directory Ads,Electronic Ads and electronic Services. We may cancel your Electronic Ads and electronic Services without notice at any time for any reason. S. Charges/Billing.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 undiscounted rates).You also agree to pay any one-time 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 vie 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 report,and you agree that we may report to credit reporting agencies 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.It you pay by credit card,we will bill the card automatically at the start of each billing period. 7. Late Charges. We will assess,and you agree to pay,late charges on account balances not paid by the due date(including balances 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:()require you to pay immediately all unpaid amounts you owe and will owe for all Ads and Services for the entire term of this Agreement;(ii)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 costs and attorneys' fees;and(vi)pursue any other available legal or equitable remedies. 9, Limitation of Liability/Disclaimers.You agree to review the Ads and Services immet(iately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Ad or Service omitted.You agree that we may provide free advertising pursuant to our then-current policies instead of a refund or credit to your account,and that we will have no liability with respect to any listings,Ads or Services provided to you at no cost.The total aggregate liability for us and our affiliates for errors in or omission of the Ads or Services,negligence,any breach of this Agreement,and any other cause of action or wrongful act is limited to,and shall in no event exceed, the lesser of(a)the amount by which the value of the Ad or Service was diminished or(b)the amount you have paid for the Ad or Service giving rise to the liability(the"Uability Cap"). We are not liable for consequential damages,punitive damages,incidental damages,or damages for harm to business, lost revenues,profits,or goodwill,or any other special damages,whether the claim is teased on negligence, breach of contract or express or implied warranty,strict liability,misrepresentation,statute,tort,or any other theory of recovery,even if you or we knew such damages could or may result We disclaim any obligations,representations,or warranties,whether express or implied,that are not expressly set forth In this Agreement including any warranty of merchantability or fitness for 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 benefit.The limitations in this Section shall apply notwithstanding any failure of essential purpose under this Agreement.We are not liable to COSTS Page 2 or 4 2/13063935 CunbOwd;Chimney Sweeps Superpox Page 2 of 4 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)555-4833. 10. Waiver of Class Action and Jury Trial and Consent to Binding 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, shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association. 11. Products!Publication/Distribution.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 infringement,we may remove the disputed content immediately.We may change each name,street address,Internet 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 changesierrors before the deadline we set.Otherwise,we wilt 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 any Ad. 14. Client Content:SuoerGuarantee. "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,royalty-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 SuperGuaranteeo 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 Rights in Advertising Content/Copvright/Tra marks. 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 all 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 SuperGuaranteeo and SuperGuarantee shield design,unless permission is granted by us in writing. 16. Client's Representations.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; (i)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 appear;(iii)you have not made any false or misleading claims in any Ad;(iv)you have not 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 immediately it 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 hem 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 date 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. Indemnification.You agree to defend,indemnity and hold us and our affiliates harmless from any liability or costs,including attomeys'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 claim 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.Entire Agreement.This Agreement constitutes the entire agreement betvLeen 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 SuperMedia 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 set 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 tight or delay in enforcing a right. Neither party will be liable for any damages arising from acts of God 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 of this Agreement will be deemed a duplicate original for evidentiary purposes. 19.STS Page 3 of 4 2113OW935 Cumberland;Ctvrmey Sweeps Superpox Page 3 of 4 22.Contact by 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 mall,facsimile or e-mail.You agree that telephone conversations between you and us or our agents may be monttorad andlor recorded(including Recorded Oral Agreements). The peK ehalf ve iser or orally authorizing the Ads and Services certifies that he or she is ei r the Advertiser or is authorized by the Advertiser orally ho s reemen3. 3 ,�3 / � Aut ed By-Signature Date Jon Irwin Owner Print Name Title Tony D'Alessandro/108325 Received by Media Consultant 105TS Page 4 of 4 21/3063935 Cumberland:ettmney sweeps Superpox Page 4 of 4 PAGE 1 OF 2 sup rmedia aTEMEAT CHIMNEY SWEEP SYSTEMS INC 260000678597 PO BOX 1067 CARLISLE PA 17013 IN ACCOUNT WITH SUPERMEDIA LLC ONE TIME CHARGE FOR DIRECTORY ADVERTISING LISTED TELEPHONE NUMBER 717 757 7272 10112 YORK 12 MONTHS 0$374.85 PER MONTH $4,49820 10/11 YORK 6 MONTHS @$371.15 PER MONTH $2,6.90 LISTED TELEPHONE NUMBER 717 6918591 8112 HARRISBURG MET YP 12 MONTHS 0$761.40 PER MONTH $9,136.80 12/11 LANCASTER 8 MONTHS 0$19.00 PER MONTH $152.00 8/11 HARRISBURG MET YP 4 MONTHS 0$753.65 PER MONTH $3,014.60 LISTED TELEPHONE NUMBER 717 243 0542 8112 HARRISBURG MET YP 12 MONTHS 0 $238.50 PER MONTH $2,862.00 8/11 HARRISBURG MET YP 4 MONTHS 0$218.40 PER MONTH $873.60 LISTED TELEPHONE NUMBER 800 757 0424 8/12 HERSHEY 12 MONTHS 0 $74.75 PER MONTH $897.00 12111 WASHINGTON CO 7 MONTHS 0$109.40 PER MONTH $765.80 12111 LANCASTER CO 8 MONTHS 0$194.85 PER MONTH $1,558.80 8111 HERSHEY 3 MONTHS 0 $73.90 PER MONTH $221.70 LISTED TELEPHONE NUMBER 717 3371222 8/12 GETTYSBURG REGIONAL 12 MONTHS 0$23.75 PER MONTH 5285.00 8111 GETTYSBURG REGIONAL 4 MONTSH 0$23.50 PER MONTH $94-00 LISTED TELEPHONE NUMBER 717 432 8185 10112 DILLSBURG 12 MONTHS 0$16.80 PER MONTH X1.60 10111 DILLSBURG 6 MONTSH 0$16.50 PER MONTH x•00 PAGE 2 OF 2 sup rmedia v STATEMENT c CHIMNEY SWEEP SYSTEMS INC I 26000063g785 ] PO BOX 1067 CARLISLE PA 17013 IN ACCOUNT WITH SUPERMEDIA LLC ONE TIME CHARGE FOR DIRECTORY ADVERTISING LISTED TELEPHONE NUMBER 800 875 4865 10/12 YORK 12 MONTHS 0 $53.40 PER MONTH $640.80 8/12 HERSHEY 12 MONTHS 0$18.10 PER MONTH 5217.20 12/11 LANCASTER CO 8 MONTHS a$72.10 PER MONTH $576.80 10/11 YORK 6 MONTHS 0$52.80 PER MONTH $316.80 8/11 HERSHEY 3 MONTHS 0$17.85 PER MONTH $53•55 7/11 SP.COM JUL EAST 3 MONTHS 0$99.00 PER MONTH $297.00 LISTED TELEPHONE NUMBER 717 533 2915 8/11 HERSHEY 3 MONTHS 0$19.00 PER MONTH $57.00 LATE PAYMENT CHARGES $1,037.48 PAYMENTS 8/13/2012 ($2,041.40) BALANCE DUE $28,042.23 PLUS A 25%COLLECTION FEE PAGE 1 OF 1 a ' sup media STATEMENT CHIMNEY SWEEP SYSTEMS INC 29MG1 750200 PO BOX 1067 CARLISLE PA 17013 IN ACCOUNT WITH SUPERMEDIA LLC ONE TIME CHARGE FOR DIRECTORY ADVERTISING LISTED TELEPHONE NUMBER 717 691 8591 SUPERMEDIA PRESENCE SOLUTIONS 6 MONTHS 0$285.00 PER MONTH $1,710.00 10/10/12-11/g/12 11110/12-12/9/12 12/10/12-1/9/13 1/10/13-2A/13 2/10-13-3/9/13 3/10/13-4/9/13 LATE PAYMENT CHARGES $119.08 ADJUSMENT ($197.33) BALANCE DUE $1,631.75 PLUS A 25%COLLECTION FEE Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FROTH ON j it JUL -9 AM 9: CUMBERLAND COUNT? PENNSYLVANIA Supermedia LLC vs. Chimney Sweep Systems, Inc. Case Number 2014-3700 SHERIFF'S RETURN OF SERVICE 07/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Chimney Sweep Systems, Inc., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 73 West Main Street West Pennsboro, Plainfield, PA 17081. There is no business located at this address and the Plainfield Postmaster has confirmed that the defendant is not known at the address provided. SHERIFF COST: $39.78 SO ANSWERS, July 02, 2014 (c) CountySuito Sheriff, Teleosoff, Inc. RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Supermedia, LLC NO. 14-3700 Civil vs. Chimney Sweep Systems, Inc. PRAECIPE TO REINSTATE / REISSUE TO THE PROTHONOTARY: ( ) Reissue Writ (x ) Reinstate Complaint Signature/ID # Richard W. Keifer III Print Name 8 Gershom Place Address Kingston, PA 18704 X11, CtdY fb 4-" Ronny R Anderson Sheriff Jody S Smith • Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PROTHONO OFC C'F -, _ $K$RIFF 2011i DEC — I Mei .g: 145 CUMBERLAND COUNTY PENNSYLVANIA Supermedia LLC vs. Chimney Sweep Systems, Inc. Case Number 2014-3700 11/19/2014 SHERIFF'S RETURN OF SERVICE 01:37 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Jon Irwin, Owner, who accepted as "Adult Person in Charge" for Chimney Sweep Systems, Inc. at 2 L;/ -ver Road, West Pennsboro, Newville, PA 17241. SHERIFF COST: $41.56 November 21, 2014 ye) CountySuito Sheriff, Tceosoft. inc. 2 CLINE, DEPUTY SO ANSWERS, RONNY ANDERSON, SHERIFF HAROLD S. IRWIN, III, ESQ. ATTORNEY ID NO 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 319-7560 ATTORNEY FOR DEFENDANT THE PROT HONG fa".;' ?OA DEC -8 FM 3: Li I CUMBERLAND COUNTY PENNSYLVANIA SUPERMEDIA LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CHIMNEY SWEEP SYSTEMS, INC., Defendant : NO. 14 - 3700 CIVIL NOTICE TO PLEAD TO: SUPERMEDIA, LLC, plaintiff: You are hereby notified to plead to the within New Matter within twenty (20) days from service hereof or a default judgment may be entered a ainst you. December , 2014 HAROLD S. IRW Attorney for Def N, Ill dant 64 South Pitt Street Carlisle, PA 17013 717-319-7560 Supreme Court ID No. 29920 SUPERMEDIA LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CHIMNEY SWEEP SYSTEMS, INC., Defendant : NO. 14 - 3700 CIVIL ANSWER WITH NEW MATTER AND COUNTERCLAIM NOW comes the defendant, by its attorney, Harold S. Irwin, Ill, Esquire, and files this response to plaintiff's complaint, representing as follows: 1. The averments of this paragraph of plaintiff's complaint are admitted. 2. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that this is the registered office; however, defendant's proper address is 132 Lefever Road, Newville, Cumberland County, Pennsylvania 17241. COUNT I — BREACH OF CONTRACT 3. Defendant incorporates by reference its responses to plaintiffs' complaint, paragraphs one and two, inclusive, as fully as if set forth herein. 4. The averments of this paragraph of plaintiffs' complaint are admitted. 5. The averments of this paragraph of plaintiff's complaint are admitted. 6. The averments of this paragraph of plaintiff's complaint are admitted. 7. The averments of this paragraph of plaintiff's complaint are admitted. 8. The averments of this paragraph of plaintiff's complaint are denied. On the contrary, plaintiff failed to provide the services it agreed to provide to defendant in accordance with the contracts. 9. The averments of this paragraph of plaintiff's complaint are denied. On the contrary, defendant did not receive the services for which he contracted and explicitly did not accept such services as being in accordance with the contracts. 10. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that defendant agreed to pay the prices stated in the contracts provided plaintiff delivered in full the services which it contracted to provide. The remaining averments of this paragraph are denied by reason that defendant is without facts sufficient to prove the truth of such averments and proof thereof at trial is demanded, if relevant. 11. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that defendant has not made payment of the amounts demanded. However, defendant denies that $29,673.98 is the amount properly due and owing to plaintiff due to plaintiff's nonperformance of its contract with defendant. 12. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that the contracts provide for attorney fees under certain conditions. It is denied that defendant owes attorney fees to plaintiff in this situation due to plaintiff's nonperformance of its contract with defendant. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered against the plaintiff and in favor of the defendant. COUNT II — QUANTUM MERUIT 13. Defendant incorporates by reference its responses to plaintiffs' complaint, paragraphs one through twelve, inclusive, as fully as if set forth herein. 14. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that the plaintiff provided some advertising services to the defendant in the form of phone book advertising, though such advertising was performed poorly and not in accordance with the parties' contracts. It is denied that plaintiff provided any internet advertising as it had specifically contracted to do. 15. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that the plaintiff provided some advertising services to defendant at defendant's request. However, the remaining averments of this paragraph are denied. On the contrary, due to plaintiff's failure to honor the terms of its contracts with defendant, defendant did not derive the financial, professional, or economic benefits of increased clients and exposure such as were intended by the parties. 16. The averments of this paragraph of plaintiff's complaint are denied. On the contrary, defendant believes and therefor avers that the reasonable value of plaintiff's poor and incomplete performance of its print advertising and the nonexistence of its internet advertising is substantially less than the amount claimed. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered against the plaintiff and in favor of the defendant. NEW MATTER 17. Defendant incorporates by reference its responses to plaintiff's complaint, paragraphs one through sixteen, inclusive, as fully as if set forth herein. 18. In the beginning of *2012, plaintiff assigned anew representative to service defendant's account, Tony D'Alessandro. 18. During his time as representative, D'Alessandro discussed with defendant all the issues with defendant's print ads, such as the business phone numbers that were not correct, misspelled and misplaced company names, and the production of a website. 19. The representative agreed to provide a proof of the website for approval and monthly updating; however, defendant never heard back from the representative regarding the website or the corrections to the print ads. 20. Defendant heard subsequently that D'Alessandro had been fired from plaintiff's company due to this and similar situations; however, no other representative of the plaintiff contacted defendant to follow through with the print ad corrections or the website. 21. Defendant has contacted plaintiff on numerous occasions to resolve these issues, but plaintiff has failed and refused to address the corrections to the print ad or the development of a website for which it continues to bill defendant. 22. On April 12, 2013, defendant met with plaintiff representatives Tim Burkett and Mike Demaio, at which time plaintiff's representative admitted the following mistakes made by the plaintiff: A. That the Hershey and Harrisburg phone book numbers were not ringing to defendant's correct company phone; B. That the Internet package was never finished or operational; C. That the Lancaster and Hagerstown advertisements were removed from all of defendant's companies; D. That Tony D'Alessandro sold defendant the internet package for a bonus commission and removed the Lancaster ads without defendant's authorization so that defendant's monthly costs would not increase; and E. That substantial credits should be given to defendant due to the failure of performance on the part of the plaintiff. 22. Though defendant halted payments to plaintiff in November, 2012, due to the failure of plaintiff to honor its contracts, pricy to that month defendant did pay to the plaintiff substantial funds on account, but plaintiff has failed to credit defendant or to remove charges to which plaintiff is not entitled due to nonperformance. 23. Defendant believes and therefor avers that had plaintiff provided services to defendant as agreed, defendant would have likely experienced substantial increased business and profits from correctly printed ads, ads included and not dropped, and internet website exposure. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered against the plaintiff and in favor of the defendant. December , 2014 Harold S. Irwin, Ill Attorney for Defen 64 South Pitt Street Carlisle, PA 17013 717-319-7560 Supreme Court ID No. 29920 VERIFICATION I hereby state that I am president of Chimney Sweep Systems, Inc., defendant in this action, and that the facts and information set forth in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. December 75 , 2014 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of defendants' Answer and New Matter upon plaintiff's counsel by placing same in the United States mail at Carlisle, Pennsylvania, Regular Mail on this undersigned date and addressed as follows: RICHARD W KEIFER III ESQ KEIFER LAW FIRM 8 GERSHOM PL KINGSTON PA 18704 December ' , 2014 HAROLD S. IRWIN, I Attorney for Defenda 64 South Pitt Street Carlisle, PA 17013 717-319-7560 Supreme Court ID No. 29920 Richard W. Keifer III I.D. #84924 Keifer Law Firm 8 Gershom Place Kingston, PA 18704 (570)371-3851 SUPERMEDIA LLC 2200 WEST AIRFIELD DRIVE P.O. BOX 619810 DALLAS/FORTWORTH AIRPORT, TX 75261- 9810 Plaintiff, vs. CHIMNEY SWEEP SYSTEMS, INC. 73 W. MAIN STREET PLAINFIELD, PA 17081 Defendant, THIS IS AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL -ACTION -LAW PLAINTIFF'S REPLY TO DEFENDANT' No. 14-3700 Civil S NEW MATTER Plaintiff, SuperMedia, LLC by its attorney, Richard W avers as follows: 17. Said paragraph is an incorporation paragraph to which no responsive pleading is required. 18. Yes. CD rri rrt e•'^J C y 171 = r, C) (.11 . Keifer III, files this Reply: andj 18. (sic) Unknown. Anthony D/Alessandro is no longer an employee. I don't know what was discussed. 19. See answer to answer number 18. (sic) 20. Anthony D'Alessandro left the Plaintiff's employment on July 23, 2012. 21. Plaintiff has offered an adjustment to client regarding print ad errors. See January 21, 2013 letter from Client Care to client advising that Plaintiff was unable to reach him regarding inquiry on Orange Bundle (Internet -Presence Plus), asking for a call back if Defendant had further questions. 22. Tim Burkett is no longer employed by the Plaintiff, effective August 6, 2014. Michael DeMaio has limited recollection of this meeting. Michael DeMaio was the District Sales Manager at the time. He requires the Defendant mentioning that the phone numbers were ringing to other numbers than they had requested and that they were very unhappy. At the meeting, Michael DeMaio explained to the Defendant that our client care department handled all customer claims and Michael DeMaio seemed to recall that we called client care right from their business. After the meeting, Michael DeMaio got his Sales Director, Aaron Mimran involved and he started working with the Defendant in regard to them repaying their past due balance and the and then he was going to issue an adjustment on the account for the incorrect call tracking. Michael DeMaio also seemed to recall that we had gone through the directories at the time and the Defendant noticed that the Lancaster as had not published. In regard to the internet program, Michael DeMaio seemed to recall that there was an issue with nonpayment but that was addressed by client care. A. Defendant did not accept adjustment offer on 5/2/13 from Client Care in the amount of $2,819.25 for two ads in Harrisburg 2012 (238.50 per month) and Hershey 2012 $74.75 per month). Adjustment was offered for August 2012- April 2013, nine months for the numbers being incorrect. At the time the Defendant was looking for $13,000.00 in adjustment. B. Notification regarding Internet Google pin was sent 4/5/12 and again on 5/1/12 with no response from the Defendant. No disputes regarding Internet services were entered with Client Care, but they did try to contact Defendant about his letter. There was no response from the Defendant. C. A Hagerstown directory was no listed on the 2011 or 2012 contracts. Lancaster was listed on 2011 and 2012 contracts but only published in 2011. Defendant was not charged for the 2012 directory that was not published. Lancaster directory published in December 2012 and Defendant did not mention it until the sales meeting four months later. D. The changes to add Internet bundle and remove one Lancaster listing in 2012 were spelled out on contracts and were authorized. See the signed contracts E. There is not a non-performance clause in the Terms & Conditions. Adjustment was offered for the nine months the phone numbers were not ringing to the correct number. 22. (sic) Defendants last payment was made on 8/13/12 for $2,041.46, leaving him two months past due at that time for missing the June and July payments. 23. Said averment is speculation on behalf of the defendant. By way of further answer, said averment is denied. WHEREFORE, Plaintiff requests that this Court deny Defendant's New Matter. Respectfully submitted, Dated: /Z/i//% Keifer Law Firm Richard W. Keifer III, Esquire 8 Gershom Place Kingston, PA 18704 (570)371-3851 VERIFICATION I, Jaclyn Abbett, do hereby verify that I am authorized to make this Verification on behalf of SuperMedia, LLC f/k/a Idearc Media LLC, that the foregoing document was prepared with the assistance of the employees of SuperMedia, LLC f/k/a Idearc Media LLC. Upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Dated: 121 / 42° t Richard W. Keifer III I.D. #84924 Keifer Law Firm 8 Gershom Place Kingston, PA 18704 (570)371-3851 SUPERMEDIA LLC 2200 WEST AIRFIELD DRIVE P.O. BOX 619810 DALLAS/FORTWORTH AIRPORT, TX 75261- 9810 Plaintiff, vs. THIS IS AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL -ACTION -LAW No. 14-3700 Civil CHIMNEY SWEEP SYSTEMS, INC. 73 W. MAIN STREET PLAINFIELD, PA 17081 Defendant, CERTIFICATE OF SERVICE I, Richard W. Keifer III, hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was served upon the following counsel via first class mail on this date: Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 By: Richard W. Keifer III, Esquire Date: 1/7/2015