HomeMy WebLinkAbout03-4975IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DARTMOUTH PRINTING COMPANY,
Plaintiff
V.
STACKPOLE, INC. ffd/b/a STACKPOLE
BOOKS, INC. and COMMONWEALTH
COMMUNICATIONS SERVICES, INC.,
Defendant
CIVIL ACTION - LAW
No.
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you, You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS LMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
Cumberland County Bar Association
32 South Bedford
Carlisle, PA 17013
717-249-3166
1-800-990-9108
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGiBLE PERSONS AT A REDUCED FEE OR NO FEE.
MidPenn Legal Services
256 East Market Street
York, PA 17403
1-800-299-6599
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las pfiginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir
de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o
por cualquier otra queja o compensaci6n reclamado$ por el Demandante. USTED PUEDE
PERDER D1NERO, O PROPIEDADES U OSTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford
Carlisle, PA 17013
717-249-3166
1-800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DARTMOUTH PRINTING COMPANY,:
Plaintiff :
-_
V. :
:
STACKPOLE, INC. t/d/b/a STACKPOLE:
BOOKS, INC. and COMMONWEALTH :
COMMUNICATIONS SERVICES, INC., :
Defendant :
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
NOW COMES the Plaintiff, Dartmouth Printing Company, by its attorneys, CGA Law
Firm, and alleges for its Complaint as follows:
1. Plaintiff, Dartmouth Printing Company, is a corporation organized and existing
under the laws of the State of New Hampshire and has a principal address of 69 Lyme Road,
Hanover, New Hampshire 03755-1293.
2. Defendant, Stackpole, Inc., is a corporation existing under the laws of the
Commonwealth of Pennsylvania with a registered address of 5067 Ritter Road, Mechanicsburg,
Pennsylvania 17055.
3. Defendant trades and does business under the names Stackpole Books, Inc. and
Commonwealth Communications Services, Inc.
4. Defendant, under the name Stackpole Books, Inc., entered into a written contract
with Plaintiff on or about January 26, 2001 under which Plaintiff agreed to produce the
publications Rug Hooking, Framework Series and Celebration commencing with the
November/December 2000 issue and ending with the September/October 2003 issue for
Defendant in exchange for monetary compensation (hereinafter "Stackpole Books Agreement").
A true and correct copy of said written contract is attached hereto and marked as Exhibit "A."
5. Defendant, under the name Commonwealth Communications Services, Inc.,
entered into a written contract with Plaintiffon or about August 21, 2001 under which Plaintiff
agreed to produce the publication Wildfowl Carving and Collecting commencing with the Fall
2001 issue and ending with the Sttmmer 2004 issue for Defendant in exchange for monetary
compensation (hereinafter "Commonwealth Communications Agreement'). A hue and correct
copy of said written contract is attached hereto and marked as Exhibit "B."
6. Plaintiff performed all its obligations under the Stackpole Books Agreement in a
good and workmanlike manner and all conditions precedent to payment by Defendant have been
satisfied.
7. Plaintiff performed all its obligations under the Commonwealth Communications
Agreement in a good and workmanlike manner and all conditions precedent to payment by
Defendant have been satisfied.
COUNT I - BREACH OF CONTRACT
8. Plaintiff hereby incorporates all preceding paragraphs of its Complaint as though
more fully set forth herein.
9. Defendant has failed and/or refused to pay the full amounts due and owing under
the Stackpole Books Agreement.
10. As of August 4, 2003, Defendant was in arrears to Plaintiff in the amount of
$6,458.69 plus interest and finance charges. A true and correct copy ora balance sheet reflecting
the amounts due and owing from Defendant is attached hereto and marked as Exhibit "C."
11. True and correct copies of the invoices regarding the publication Rug Hooking are
attached hereto and marked collectively as Exhibit "D."
12. Defendant's failure and/or refusal to pay the mounts due and owing to Plaintiff
constitute a breach of contract.
13. As a result of Defendant's breach of contract, Plaintiff has suffered damages in
the amount of $6,458.69 plus interest and finance charges.
WHEREFORE, Plaintiff demands judgment in its favor in an amount not in excess of
the mandatory arbitration limits of this jurisdiction, together with costs, interest and such other
relief as this Honorable Court deems appropriate.
COUNT II - BREACH OF CONTRACT
14. Plaintiffhereby incorporates all preceding paragraphs of its Complaint as though
more fully set forth herein.
15. Defendant has failed and/or refused to pay the full amounts due and owing under
the Commonwealth Communications Agreement.
16. As of August 4, 2003, Defendant was in arrears to Plaintiff in the amount of
$8,424.09 plus interest and finance charges. A true and correct copy ora balance sheet reflecting
the anmunts due and owing from Defendant is attached hereto and marked as Exhibit "C."
17. True and correct copies of the invoices for the publication Wildfowl Carving and
Collecting are attached hereto and marked collectively as Exhibit "E."
18. Defendant's failure and/or refusal to pay the amounts due and owing to Plaintiff
constitute a breach of contract.
19. As a result of Defendant's breach of contract, Plaintiffhas suffered damages in
the mount of $8,424.09 plus interest and finance charges.
WHEREFORE, Plaintiff demands judgment in its favor in an amount not in excess of
the mandatory arbitration limits of this jurisdiction, together with costs, interest and such other
relief as this Honorable Court deems appropriate.
Respectfully submitted,
CGA Law Firm
By: ~?R. Milsten
"-Kupreme Court I.D. #77065
29 North Duke Street
York, PA 17401
(717) 848-4900
Attorneys for Plaintiff
SEP-10-2003 15:20. CGA LA~ FIRM 717 843 9039 P.06
I, u~e undersigned, David
foregoing Complaint ar~ truc a~d
This statement is made subject to
falsification to authorities.
VERIFICATION
Merchant, hereby affam that the facts contained in the
:orrect to the best of my knowledge, information and belief.
the penalties of 18 Pa.C.S. Section 4904 relating to unswom
DARTMOUTH PRINTING COMPANY
Vice President Finance
DARTMOUTH PRINTING COMPANY
PRINTING AGREEMENT
J~etween
Dartmouth Printing Company
and
Stackpole Books, Inc.
This agreement between Dartmouth Printing Company (hereafter known as pdnter)
and Stackpole Books, Inc. (hereafter known as publisher) has been entered into for
the production of the publications, Rug Hooking, Framework Series and Celebration,
commencing with the NovembedDecember 2000 issue and ending with the September/
October 20.03 issue, .in a~;cordance with the following specif'm_,ations,..pdces and terms.
lA. SPECIFICATIONS for Rug Hooking:
Frequency: 5x year
Trim Size: 8 1/8 x 10 7/8
Number of Copies: 15,000 more or less as ordered. Quantity to be determined
· by the publisher and communicated to the printer no later than the date the
blueprints are returned.
Av~,rage #'Pages/Issue: 64 pages plus cover
Material Supplied by Publisher: Desktop files, color transparencies, prints,
composite negatives for ads
Presswork: Web or sheetfed one-, two-, four-, five-, or six-color according to SWOP
standards
Binding: Saddle stitched
'Marling/Stripping: -Labeled direct or in ca~ons. One shipment of up to twen~-five
first copies will be sent free of any shipping or freight charges· Balance or bulk
shipments after mailing will be sent FOB Hanover, New Hampshire.
Paper: Cover: 8pt Aero or equivalent as determined under the paper policy outlined
in #10 of this agreement. Text: 50b Niagara or equivalent as determined under
the paper policy outlined in #10 of this agreement.
'~ B. SPECIFICATIONS for Fra~ewort~ Series and Celebration:
Frequency: 2~ year for Framework Series, 1× for Celebration
Trim Size: 8 1/8 x 10 7/8
EXHIBIT
Number of Copies: 6,500 more or less as order:ed. Quantity to be determined
by the publisher and communicated to the printer no later than the date'the
blueprints are returned.
Average # F~ages/Issue: 72 pages plus cover
Material Supplied by Publisher: Desktop files, color transparencies, prints,
composite negatives for ads
Presswork: Web or sheet'fed one-, two-, four-, five-, or six-color according to SWOP
standards
Binding: Perfect bound
Mailing/Shipping: Labeled direct or in cartons. One shipment of up to twenty-five
first copies will be sent free of any shipping or freight charges. Balance or bulk
shipments after mailing will be ser, t FOB Hanover,-Hew Hampshire.
Paper: Cover: 10pt Aero or equivalent as determined under the paper policy outlined
in #10 of this agreement. Text: 70b Opus or equivalent as.determined under the
paper policy outlined in #10 of this agreement.
2. ELECTRONIC PREPRESS MATERIALS:
Output prices are based on clean files submitted by publisher. Final laser proofs for
each page must be supplied with disks showing color breaks and screen percentages.
If proofs are not submitted, printer will make proofs and charge publisher.for doing so.
If there are any problems with data files, printer will notify the publisher of such problem
giving the publisher the option of correcting the problem or having printer correct it. If
publisl~er chooses to i~ave printer do the work, publisher will be charged for the time and
material it took to correct the file.
To ensure typeface and screen match, publisher must supply screen and printer fonts
with each issue. It is publisher's responsibility to keep a copy of files submitted to
printer for output. Printer is not responsible for files lost or damaged while being output.
Printer will return publisher's disks after files are output.
3. PREPARATORY MATERIALS:
Art work, type, negatives, positives and other items when supplied by printer or
publisher shall become property of publisher.
4. ALTERATIONS;
Alterations represent work performed in addition to the original specifications. Such
additional work shall be charged at current rates and be supported with documentation
upon request.
Rug[a page 2 of 6
900[~ XYd f'f':C'[ iii{J,
5. COLOR PROOFING:
Because of differences in equipment, paper, inks, and other conditions between color
proofing and pr.oduction pressroom operations, a reasonable variation in color between
color proofs and the completed job shall constitute acceptable delivery. Special inks
and proofing stocks will be forwarded to publisher's suppliers upon request at current
rates.
6. PRICES;
These prices, as noted in the attached rate sheet, remain current for the first year of
this agreement. In the second year the rates for color separations will be increased by
$5.00 per scan each year (if applicable), in the third year [here would be an increase of
1-3% (not to exceed the Consumer Price Index).
7. CREDIT TERMS:
The terms are: 1% 10 days, net 30 days from date of invoice. Late charge of 1 F,%
per month on all past due balances. Printer will not start work with past due amounts
outstanding.
The date of invoice is defined as the date that first copies are shipped to publisher. If
additional invoices are required, the date of invoice is defined as the date the services
are completed by printer.
The printer shall have the right to retain possession of and shall have a lien on all
publisher's property in printer's possession including work in process and finished work
in the event the publisher cancels this contract prior to maturity or if the publisher's
account is past due. The extension of credit or the acceptance of notes, trade
acceptances or guarantee of payment shall not affect such security interest and lien.
8. CLA1MS:
Claims for defects, damages, or shortages in the finished product must be made by
the publisher in writing within a period of thirty (30) days after delivery. Failure to make
such claim within the stated period shall constitute irrevocable acceptance and an
admission that they fully comply with terms, conditi6ns, and specifications. Printer's
liability shall be limited to printer's stated selling price of any defective goods, and shall
in no event include special or consequential damages, including profits (or profits lost).
Requests for all forms of credits must be made by the publisher in writing within a period
of ninety (90) days after delivery.
9. PRODUCTION SCHEDULE:
An annual production schedule will be mutually agreed upon and is considered an
addendum to this agreement. In the event material frpm publisher is one to two working
days late, printer will adjust that issue's production schedule by an equivalent number of
working days. If the matedal arrives three or more working days late, the issue's
schedule may be adjusted by more than an equivalent number of days. In all cases,
page 3 of 6
printer will endeavor to reduce delivery delays caused by late receipt of materials and
will contact publisher with any schedule adjustments that result from receipt of late
material.
Printer shall no~ incur any liability or penalty for delays due to state of war, dot, civil
disorder, fire, strikes, accidents, action of government or civil authority, and acts of God
or other causes beyond the contrel of publisher or printer.
10. PAPER:
Paper will be invoiced at the supplier's current published price. In the event of an
increase or decrease in the published prices of any paper stock, printer will notify
publisher in writing after being notified by the mill. in addition, any increase or decrease
is effective to publisher 30 days after becoming effective to printer.
In the event a stock is temporarily unavailable, pdnter will provide options from printer's
inventory for publisher.
11. OUTSIDE PURCHASES:
Printer accepts responsibility for production work completed by a third party contracted
by printer to do that work and is considered to be part of publisher's completed product.
12. STORAGE:
A) Preparatory Materials: Printer will store ad film for twelve months at no charge. At
the end of twelve months, it will be returned to the individual specified by publisher. Ad
film will not be sent to anyone other than publisher without specific written instructions
from publisher.
B) Back Issues: Printer will store finished magazines for publisher and will fill orders for
those magazines upon written request from publisher at the costs outlined in the rate
sheet,
C) Inserts/Outserts: Printer will stere supplied inserts and outserts at no cost for the
duration of the production time of the issue into or with which these items will be
included.
13. POSTAGE:
The postage money for each issue will be determined by publisher and a check, made
out to POSTMASTER, HANOVER, N.H. 03755, will be sent to the customer service
representative at printer no later than the date the blueprints are due to be returned.
Printer will deposit the postage money into the publisher's postal account the day before
the magazine mails.
14-. RISK OF LOSS:
The printer accepts responsibility for loss or damage to publisher-owned property as
follows:
Rugla p~ge4 of 6
900[~ .YYd ~'i':['T l]I.I£
Paper; actual cost of loss while paper is in the printer's possession.
Preparatory materials, supplied ir~sarts: actual cost of loss to a maximum of $10,000
for any one incident while materials are in printer's manufacturing process. The printer
accepts no liability for materials in storage or in transit.
Finished goods: printer shall not be liable for back copies in storage.
15. DELIVERY:
This agreement is based on continuous and uninterrupted deliver7 of complete order,
unless specifications distinctly state otherwise. Charges related to delivery from
publisher to printer, or from publisher's supplier to printer, are not included in this
agreement unless specified.
Materials delivered from publisher or his suppliers are verified with delivery ticket as to
cartons, packages oritems shown only. The accuracy of quantities indicated on such
tickets cannot be verified and printer cannot accept liability for shortage based on
supplier's tickets. Title for finished work shall pass to the publisher upon delivery to
carrier at shipping point, or upon mailing of invoices for finished work, whichever occurs
first.
16. PUBLISHER FURNISHED MATERIALS:
Paper stock, camera copy, film, color separations, mailing lists and other furnished
materials shall be manufactured, packed and delivered to printer's specifications.
Additional cost due to delays or impaired production caused by specification deficiencies
shall be charged to the publisher.
17. INDEMNfFICATION:
The publisher shall indemnify and hold harmless the printer from any and all loss, cost,
expense and damages on account of any and all manner of claims, demands, actions
and proceedings that may be instituted against the printer on grounds alleging that the
said printing violates any copyright or any proprietary right of any person, or that it
contains any matter that is libelous or scandalous, or invades any person's right to
privacy or other personal rights, except to the extent that the printer has contributed to -
the matter. The publisher agrees to, at the publisher's own expense, promptly defend
and continue the defense of any such claim, demand, action or proceeding that may be
brought against the printer, provided that the printer shall promptly notify the publisher
with respect thereto, and provided further that the printer shall give to the publisher such
reasonable time as the exigencies of the situation may permit in which to undertake and
continue the defense thereof.
18. DISPUTES:
Any dispute, controversy, or claim arising out of or in connection with this agreement
shall, upon request of either party, be submitted to and settled by arbitration in Hanover,
New Hampshire in conformance with the rules of the American Arbitration Association
then in effect. Any award rendered shall be final and conclusive upon the parties and a
Rugla pa6e 5 of 6
IV/ ~:CI l'lHr
judgment thereon may be entered in the highest court of any forum, state or federal,
having jurisdiction. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the cost of its own
experts, eviden, ce and counsel.
19. ACCEPTABLE DELIVERY:
Ail print orders are for the ordered quantity with an overrun of up to 2% accepted and
billed proportionately in accordance to the actual amount produced.
This agreement together with all schedules now and hereafter, when signed by a duly
authorized representative of Stackpole Books, Inc. and by an officer of Dartmouth
Printing Company, shall constitute the contract between the two, and all pdor
representations or agreements not incorporated herein, are superseded:
Please sign both copies of the agreement, and return one set.
Accepted for:
Accepted for:
Date '~'~. ~-(~, 7_.C;()(
Attachments: 1) Rate Sheet
2) Paper Usage Chart
Rugla page
DARTMOUTH
PRINTING COMP
PRINTING AGREEMENT
between
Dartmouth Printing Company
and
Commonwealth Communications Services, Inc.
This agreement between Dartmouth Printing Company (hereafter known as printer)
and Commonwealth Communications Services, inc. (hereafter known as publisher) has
been entered into for the production of the publication, Wildfowl Carving and Collecting,
commencing with the Fall 2001 issue and ending with the Summer 2004- issue, in
accordance with the following specifications, prices and terms.
1. SPECIFICATIONS:
Frequency: 4x year
Trim Size: 8 1/8 x 10 7/8
Number of Copies: 15,000 more or less as ordered. Quantity to be determined by
the publisher and communicated to the printer no later than the date the
blueprints are returned.
Average # Pages/Issue: 96 pages plus cover
Material Supplied by Publisher: Composite negatives in two-page prir)ter's spreads
Presswork: Web or sheetfed one-, two-, four-, five-, or six. color
Binding: Perfect bound
Mailing/Shipping: Labeled direct or In cartons.- Twenty-five first copies will be sent
free of any shipping or freight charges. Balance or bulk shipments after mailing
will be sent FOB Hanover, New Hampshire.
Paper: Cover: Spt Aero or equivalent as determined under the paper policy outlined
in #10 o[ this agreement. Text: 60b Somerset Gloss or equivalent as determined
under the paper policy outJined in #10 of this agreement; "Pattern' signature:
5Ob Finch Opaque or equivalent as determined under the paper policy outlined in
#10 of this agreement.
2. ELECTRONIC PREPRESS MATERIALS:
Output pdces are based on clean files submitted by publisher, Final laser proofs for
each page must be supplied with disks showing color breaks and screen percentages.
If proofs are not submitted, printer ,Mil make proofs and charge publisher for doing so.
EXHIBIT
If there are any problems with data files, printer will notify the publisher of such problem
giving the publisher the option of correcting the problem or having printer correct it. If
publisher chooses to have printer do the work, publisher will be charged for the time and
material it took to correct the file.
To ensure typeface and screen match, publisher must supply screen and printer fonts
with each issue, It is publisher's responsibility to keep a copy of files submitted to
printer for output. Printer is not responsible for files lost or damaged while being output.
Printer will return publisher's disks after files are OUtput.
3. PREPARATORY MATERIALS:
Art work, type, negatives, positives and other items when supplied by printer or
publisher shall become property of publisher.
4. ALTERATIONS:
Alterations represent work performed in addition to the original specifications. Such
additional work shall be Charged at current rates and be supported with documentation
upon request.
5. COLOR PROOFING:
Because of differences in equipment, paper, inks, and other conditions between color
proofing and production pressroom operations, a reasonable variation in color between
color proofs and the completed job shall constitute acceptable deliver. Special inks
and proofing stocks will be forwarded to publisher's suppliers upon request at current
rates.
6. PRICES:
These prices, as noted in the attached rate sheet, remain current for the first year of this
agreement. In the second year there will be an increase of 2%. In the third year, the
increase will be between 2% and 4%.
7. CREDIT TERMS:
The terms are: 1% 10 days, net 30 days from date of invoice. Late charge or 1 ~% per
month on all past due balances. Printer will not start work with past due amounts
outstanding.
The date of invoice is defined as the date that first copies are shipped to publisher. If
additional invoices are required, the date of invoice is defined as the date the services
are completed by printer.
The printer shall have the right to retain possession of and shall have a lien on all
~ublisher's property in printer's possession including work in process and finished work
page 2 of 6
in the event the publisher cancels this contract pdor to matudty or if the publisher's
account is past. due. The extension of credit or the acceptance of notes, trade
acceptances or guarantee of payment shall not affect such security interest and lien.
8. CLAIMS:
Claims for defects, damages, or shortages in the finished product must be made by the
publisher in writing within a pedod of thirty (30) days after delivery. Failure to make
such claim within the stated period shall constitute irrevocable acceptance and an
admission that they fully comply with terms, conditions, and specifications. Printer's
liability shall be limited to printer's stated selling price of any defective goods, and shall
in no event include special or consequential damages, including profits (or prof, s lost).
Requests for all forms of credits must be made by the publisher in wdting within a period
of ninety (90) days after delivery.
9. PRODUCTION SCHEDULE:
An annual production schedule will be mutually agreed upon and is considered an
addendum to this agreement. In the event material from publisher is one to two working
days late, printer will adjust that issuers production schedule by an equivalent number of
working days. ff the material arrives three or more working days late, the issue's
schedule may be adjusted by more than an equivalent number of days. in all cases.
printer will endeavor to reduce delivery delays caused by late receipt of materials and
will contact publisher with any schedule adjustments that result from receipt of late
material.
Printer shall not incur any liability or penalty for delays due to state of war, riot, civil
disorder, fire, strikes, accidents, action of government or civil authority, and acts of God
or other causes beyond the control of publisher or printer.
10. PAPER:
Paper will be invoiced at the supplier's current published price. In the event of an
increase or decrease in the published prices of any paper stock, printer will notify
publisher in writing after being notified by the mill. In addition, any increase or decrease
is effective to publisher 30 days after becoming effective to printer.
In the event a stock is temporarily unavailable, printer will provide options from printer's
inventory for publisher.
! 1. OUTSIDE PURCHASES:
Printer accepts responsibility for production work completed by a third party contracted
by printer to do that work and is considered to be part of publisher's completed product.
Wlfdfla page 3 o~'6
12. STORAGE:
A) Preparatory Materials: Printer will store ad film for twelve months at no charge. At
the end of twelve months, it will be returned to the individual specified by publisher. Ad
film will not be sent to anyone other than publisher without specific writ-ten instructions
from publisher,
B) Back Issues: Pdnter will store finished magazines for publisher and will fill orders for
those magazines upon written request from publisher at the costs outlined in the rate
sheet.
C) Inserts/Outserts: Printer will store supplied inserts and outserts at no cost for the
duration of the production time of the issue into or with which these items will be
included.
13. POSTAGE:
The postage money for each issue will be determined by publisher and a check, made
out to POSTMASTER, HANOVER, N.H. 03755, will be sent to the customer service
representative at printer no later than the date the blueprints are due to be returned.
Printer will deposit the postage money into the publisher's postal account the day before
the magazine mails.
14. RISK OF LOSS:
The pdnter accepts responsibility for loss or damage to publisher-owned property as
follows:
Paper: actual cost of loss while paper is in the printer's possession.
Preparatory materials, supplied inserts: actual cost of loss to a maximum of $10,000
for any one incident while materials are in printer's manufacturing procei~s. The pdnter
accepts no liability for materials in storage or in transit.
Finished goods: printer shall not be liable for back copies in storage.
15. DELIVERY:
This agreement is based on continuous and uninterrupted delivery of complete order,
unless specifications distinctly state otherwise. Charges related to delivery from
publisher to printer, or from publisher's supplier to pdnter, are not included in this
agreement unless specified.
Materials delivered from publisher or his suppliers are verified with delivery ticket as to
cartons, packages or items shown only. The accuracy of quantities indicated on such
tickets cannot be verified and printer cannot accept liability for shortage based on
Wlldfla page4 of 6
supplier's tickets. Title for finished work shall pass to the publisher upon delivery to
carrier at shipping point, or upon mailing of invoices for finished work, whichever occurs
first.
16. PUBLISHER FURNISHED MATERIALS:
Paper stock, camera copy, film, color separations, mailing lists and other furnished
materials shall be manufactured, packed and delivered to printer's specifications.
Additional cost due to delays or impaired production caused by specification deficiencies
shall be charged to the publisher.
17. INDEMNIFICATION:
The publisher shall indemnify and hold harmless the printer from any and all loss, cost,
expense and damage8 on account of any and all manner of claims, demands, actions
and proceedings that may be instituted against the printer on grounds alleging that the
said printing violates any copyright or any proprietary right of any person, or that it
contains any matter that is libelous or scandalous, or invades any person's right to
privacy or other personal rights, except to the extent that the printer has contributed to
the matter. The publisher agrees to, at the publisher's own expense, promptly defend
and continue the defense of any such claim, demand, action or proceeding that may be
brought against the printer, provided that the printer shall promptly notify the publisher
with respect thereto, and provided further that the printer shall give to the publisher such
reasonable time as the exigencies of the situation may permit in which to under[ake and
continue the defense thereof.
18. DISPUTES:
Any dispute, controversy, or claim arising out of or in connection with this agreement
shall, upon request of either party, be submitted to and settled by arbitration in Hanover,
New Hampshire in conformance with the rules of the American Arbitration Association
then in effect. Any award rendered shall be final arid conclusive upon the parties and a
judgment thereon may be entered in the highest court of any forum, state or federal,
having jurisdiction. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the cost of its own
experts, evidence and counsel.
19. ACCEPTABLE DELIVERY:
All print orders are for the ordered quantity with an overrun of up to 2% accepted and
billed proportionately in accordance to the actual amount delivered,
This agreement together with all schedules now and hereafter, when signed by a duly
authorized representative of Commonwealth Communications Services, Inc. and by an
officer of Dartmouth Printing Company, shall constitute the contract between the two,
Wildtla page5 of 6
and all prior representations or agreements not incorporated herein are superseded.
Please sign both copies of the agreement, and return one set,
Accepted
Commonwealth Communications
Services, Inc.
Date glO-lib
Attachments: 1) Rate Sheet
2) Paper Usage Chart
Accepted for:
Da~ttl~ Printing Company
Date '~-t//'/t~/'
Wil~fia page 6 0£6
DARTMOUTH
PRINTING
COMPANY
69Lyme Road
Hanove~NewHampshire03755
603-643-2220
Fa× 603-643~5408
A She~dan Group Company
TO: Stackpole Books, Inc.
1300 Market Street
Suite 202
Lemoy-ne PA 17043-1420
31093
STATEMENT DATE
08/14/03
1
PAGE
D~E ~VO~CE NO. F
03/03/03 52145
03/19/b3 5222~
03/26/p3 5225~
05/29/p3 5284p
06/04/03 5287F
06/06/b3 22?685
06/14/D3 5295
08/04/~3 2298
Totals
BALANCE DUE
CURRENT
2779.80
2779.80
OVER 30
2951.51
464.89
-58.00
461t.46
7969.86
OVER g0
320.49
3442.34
370.29
4133 . 12
EXHIBIT
1
INVOICE
DARTMOUTH PRINTING COMPANY
Please remit to:
Dartmouth Printing Company
Lockbox #18299
Newark, NJ 07191-8299
69 Lyme Road
Hanover, New Hampshire 037f
603~43-2220
Fax 603-643-5408
A Sheridan Group Company
Stackpole Magazines
Att'n: Patrice Crowley
1300 Market Street
Suite 202
Lemoyne, PA 17043-1420
Date / / pages
Fax to Rich Noel From Jason Ouelette
1-717-234-1359
INVOICE NO:
JOB NO:
CUSTOMER NO:
52148
031093- 65
INVOICE DATE: 3/3/03
DATE SHIPPED: 3/3/03
TERMS: 2% 40 days
1 V2 % late charge
SPECiFICATIONS:
TITLE: Rug Hooking
ISSUE: March / April / May
YEAR: 2003
COPIES: 21,905 (includes
PAGES: 72
Plus cover, cards (saddle stitched)
Mailing Preparation/Packing .......... $1,868.54
Add'l Copies ................................. 133.93
· Subtotal ........................................ 2,002.47
Postage and/or Freight .................... '1,237.82
Total ............................................. $3,240.29
270 copies over pressrun)
COST INDEX
1.12 /page/m
0.08 /page/m
1.20 /page/m
0.74 /page/m
1.95 /page/m
You m.ay take a discount of $40.05
if your payment is made by 4/23/03
If you have any questions on this invoice, please call Jason Ouelette, billing representative.
Telephone extension: 246; e-mail address: jouelette®dpc-nh.com
22982rn02 PAGE l
EXHIBIT
INVOICE
DARTMOUTH PRINTING COMPANY
Please remit to:
· ~ Darimouth Printing Company
Lockbox//18299
Newark, NJ 07191-8299
69 Lyme Road
Hanover, New Hampshire 037
603-643-2220
Fax 603-643-5408
A Sheridan Group Company
Stackpole Magazines
Att'n: Wyatt Myers
1300 Market Street
Suite 202
Lemoyne, PA 17043-1420
INVOICE NO:
JOB NO:
CUSTOMER NO:
52845~'
23870~
031093- 65
INVOICE DATE: 5/29/03
DATE SHIPPED: 5/29/03
TERMS: 2% 40 days
1 ½ % late charge
SPECIFICATIONS:
TITLE: Rug Hooking
ISSUE: June/July/August
YEAR: 2003
COPIES: 22,380
PAGES: 72
Plus cover, cards (saddle stitched)
COST INDEX
Imagesetting ................................... $2,488.18 32.74 /page
Prepress .......................................... 705.60 9.28 /page
Press ................................................ 8,139.99 4.79 /page/m
Finishing ......................................... -1,084.70 0.64 /page/m
Stock ............................................... 8,466.06 ' 4.98 /page/m
Subtotal ........................................ 20,884.53 12.28 /page/m
Postage and/or Freight .................... 2,677.75 1.57 /page/m
Total ............................................. $23,562.28 13.85 /page/m
Add'l copies, mailing prep/packing, and remaining postage will be billed when available.
You may take a discount of
$417.69 if your payment is made by 7/8/03
If you have any questions on this invoice, please call Andrea Lecuyer, billing representative.
Telephone extension: 266; e-mail address: alecuyer~dpc-nh.com
23870m05 PAGE [
~" . INVOICE
DARTMOUTH PRINTING COMPANY
Please remit to:
g ~ Dartmouth Printing Company
Lockbox #I 8299
Newark, NJ 07191-8299
69 Lyme Road
Hanover, New Hampshire 03]
603-643-2220
Fax 603-643-5408
A Sheridan Group Company
Stackpole Magazines
Att'n: Wyatt Myers
1300 Market Street
Suite 202
Lemoyne, PA 17043-1420
INVOICE NO: 52875
JOB NO:
CUSTOMER NO: 031093-
65
INVOICE DATE: 6/4/03
DATE SHIPPED: 6/4/03
TERMS: 2% 40 days
1½ % late charge
SPECIFICATIONS:
TITLE: Rug Hooking
ISSUE: June/July/August
YEAR: 2003
COPIES: 22,607 (includes
PAGES: 72
Plus cover, cards (saddle stitched)
Mailing Preparation/Packing .......... $1,936.69
Addq Copies ................................. 112.68
Subtotal ........................................ 2,049.37
Postage and/or Freight .................... '2,290.23
Total ............................................. $4,339.60
227 copies overpressrun)
COST INDEX
1.13 /page/m
0.07 /page/m
1.19 /page/m
1.33 /page/m
2.53 /page/m
You may take a discount of
$40.99 if your payment is made by 7/14/03
If you have any questions on this invoice, please call Andrea Lecuyer, billing representative.
Telephone extension: 266; e-marl address: alecuyer~dpc-nh.com
23570m05 PAGE I
INVOICE
DARTMOUTH PRINTING COlV[PANY
Please remit to:
Darmaouth Printing Company
Lockbox #18299
Newark, NJ 07191-8299
69 Lyme Road
Hanover, New Harapsh/re 037~
603-643-2220
Fax 603-643-5408
A Sheridan Group Company
Stackpole Magazines
Att'n: Candi Derr
1300 Market Street
Lemoyne, PA 17043-1420
INVOICE NO: 52256
JOB NO:
CUSTOMEP~NO: 031093-
65
INVOICE DATE: 3/26/03
DATE SHIPPED: 3/26/03
TERMS: 2% 40 days
1½ % late charge
SPECIFICATIONS:
TITLE: Wildfowl
ISSUE: Spring
YEAR: 2003
COPIES: 17,805
PAGES: 96
Plus cover, cards (perfect bound)
(includes 276 copies over pressrun)
Mailing Preparation/Packing .......... $1,824.44
Add'l Copies ................................. 179.14
Subtotal ........................................ 2,003.58
Postage and/or Freight .................... '1,578.75
Total ............................................. $3,582.33
COST INDEX
1.02 /page/m
0.10 /page/m
1.13 /page/m
0.89 /page/m
2.01 /page/m
You may take a discount of
$40.07 if your payment is made by 4/28/03
If you have any questions on this invoice, please call Andrea Lecuyer, billing representative.
Telephone extension: 266; e-mail address: alecuyer~dpc-nh.com
EXHIBIT
23397m03 PAGE 1
INVOICE
DARTMOUTH PRINTING COMPANY
Please remit to:
~-- ~ Dartmouth Printing Company
Lockbox #18299
Newark, NJ 07191-8299
69 Lyme Road
Hanover, New Hampshire 037~:
603-643-2220
F~x 608-643-5408
A Sheridan Group Company
Stackpole Magazines
Att'n: Candi Derr
1300 Market Street
Lemoyne, PA 17043-1420
INVOICE NO:
JOB NO:
CUSTOMER NO:
52224
031093- 65
INVOICE DATE: 3/19/03
DATE SHIPPED: 3/19/03
TERMS: 2% 40 days
1 ½ % late charge
SPECIFICATIONS:
TITLE: Wildfowl
ISSUE: Spring
YEAR: 2003
COPIES: 17,529
PAGES: 96
Plus cover, cards (perfect bound)
COST INDEX
Imagesetting ................................... $3,008.41 30.08 /page
Prepress .......................................... 1,060.86 10.61 /page
Press ................................................ 9,995.97 5.70 /page/m
Finishing .......................................... 1,301.70 0.74 /page/m
Stock ............................................... 9,489.97 5.41 /page/m
Subtotal ........................................ 24,856.91 14.18 /page/m
Postage and/or Freight .......... ~. ......... 5,258.58 3.00 /page/m
Total ............................................. $30,115.49 17.18 /page/m
Add'l copies, mailing prep/packing, and remaining postage will be billed when available.
You may take a discount of
$497.14 if your payment is made by 4/28/03
If you have any questions on this invoice, please call Andrea Lecuyer, billing representative.
Telephone extension: 266; e-mail address: alecuyer@dpc-nh.com
23397m03 PAGE 1
INVOICE
DARTMOUTH PRINTING COMPANY
Please remit to:
~j~ Dartmouth Printing Company
· ~- Lockbox #18299
Newark, NJ 071914299
69 Lyme Road
Hanover, New Hampshire 087
603-643-~0
Fax 603-64~-5408
A Sheridan Group Company
Stackpolc Magazines
Att'n: Candi Den'
1300 Market Street
Lemoyne, PA 17043-1420
INVOICE NO: 52954
JOB NO:
CUSTOMER NO: 031093- 65
INVOICE DATE: 6/14/03
DATE SHIPPED: 6/14/03
TERMS: 2% 40 days
1¼ % late charge
SPECIFICATIONS:
TITLE: Wildfowl
ISSUE: Summer
YEAR: 2003
COPIES: 17,300 (includes
PAGES: 96
Plus cover, cards (perfect bound)
Imagesetting ................................... $2,871.76
Prepress .......................................... 970.42
Press ............................................... 9,170.94
Finishing ........................................ 1,276.54
Stock .............................................. 9,159.68
Mailing Preparation/Packing ......... 1,7'77.22
Subtotal ....................................... 25,226.56
Postage and/or Freight ................... 5,950.82
Total ............................................ $31,177.38
339 copies over pressrun)
COST INDEX
28.72 /page
9.70 /page
5.30 /page/m
0.74 /pagc/m
5.29 /page/m
1.03 /page/m
14.58 /page/m
3.44 /page/m
18.02 /page/m
You may take a discount of
$504.53 if your payment is made by 7/24/03
If you have any questions on this invoice, please call Andrea Lecuyer, billing representative
Telephone extension: 266; e-mail address: alecuyer~dpc-nh.com
23833m06 PAGE 1
SHERIFF'S RETURN -
CASE NO: 2003-04975 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DARTMOUTH PRINTING COMPanY
VS
STACKPOLE INC ET AL
REGULAR
BRIAN BARRICK Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT & NOTICE was served upon
STACKPOLE INC T/D/B/A STACKPOLE BOOKS INC ET AL
DEFENDANT , at 1700:00 HOURS, on the 23rd day of
at 5067 RITTER ROAD
MECHANICSBURG, PA 17055
PETER ROSSI, SALES MANAGER,
a true and attested copy of COMPLAINT & NOTICE
the
September,
by handing to
ADULT IN CHARGE
together with
law,
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.97
Affidavit .00
Surcharge 10.00
.00
36.97
Sworn and Subscribed to before
me this ~ day of
Prothonotary
So Answers:
R. Thomas Kline
09/25/2003 ~~ ~
CGA LAW FIRM
By:
Deputy Sheri
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
DARTMOUTH PRINTING COMPANY,:
Plaintiff :
v. : 03-4975
STACKPOLE, INC., t/d/b/a :
STACKPOLE BOOKS,/NC. and :
COMMONEALTH SERVICES, INC., :
Defendant
PRAECIPE TO REMOVE
TO THE PROTHONOTARy:
Please mark the above-captioned matter as settled, discontinued and ended.
CGA LAW FIRM
By:
,_.~h~ R-. Milsten, Esquire
Supreme Court I.D. #77065
29 North Duke Street
York, PA 17401
717-848-4900
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
DARTMOUTH PRINTING COMPANY,:
Plaintiff :
v. : 03-4975
STACKPOLE, INC., t/d/b/a :
STACKPOLE BOOKS, INC. and :
COMMONEALTH SERVICES, INC., :
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of January 2004, a true and correct copy of the
foregoing Praecipe to Remove has been served, Via first-class mail, postage prepaid, upon
the following:
Michael McAuliffe Miller, Esquire
Reed Smith
213 Market Street, 9th Floor
PO Box 11844
Harrisburg, PA 17108-1844
CGA LAW FIRM
By:
~-...,--,~,.,......___~ -
~. Milsten, Esquire
Supreme Court I.D. #77065
29 North Duke Street
York, PA 17401
717-848-4900
Attorneys for Plaintiff
{00118467/1}