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Home My WebLink About08-3779IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA STRATTON PUBLISHING AND MARKETING NO. 03- 3rI19 0'iV'1(-rerr't IN CIVIL ACTION Plaintiff, VS. HOLLINGER DEVELOPMENT, LLC, and HOLLINGER DEVELOPMENT II, LLC, jointly and severally Defendant. COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA STRATTON PUBLISHING AND MARKETING Plaintiff, VS. HOLLINGER DEVELOPMENT, LLC, and HOLLINGER DEVELOPMENT II, LLC, jointly and severally Defendant. NOTICE TO DEFEND NO. a F- -47 7? IN CIVIL ACTION 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 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 DONOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 1 COMPLAINT 1. Plaintiff is a publishing company having offices at 5285 Shawnee Road, Ste. 510, Alexandria, VA 22312. 2. Defendant is a corporation whose address is, 4550 Lena Drive, Suite 225 Mechanicsburg Cumberland County, PA, 17055. 3. On or about April 5, 2005, at the request of Defendant, Plaintiff sold and delivered to Defendant certain advertising services, as is more specifically shown by Plaintiff's Advertising Insertion Order, a true and correct copy of which is attached hereto marked Exhibit(s) "A" and made a part hereof. 4. Defendant received and accepted the aforementioned advertising services. 5. The prices charged by Plaintiff were the fair, reasonable and market prices that prevailed at the time(s) of the transaction(s). 6. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 7. The agreement of open account between the parties arose from words, course of dealing, and the aforementioned document(s). 8. Plaintiff avers that all conditions precedent to the Defendant's duty of performance under said agreement have occurred. 9. Plaintiff avers that the balance due amounts to $2,300.00, as is more specifically shown by Plaintiff's Invoice, a true and correct copy of which is attached hereto, marked Exhibit(s) "B", and made a part hereof. 3 I 10. Interest has accumulated on the liquidated balance due at the legal rate of 6% per annum from June 30, 2005. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant(s) in the amount of $2,300.00, plus costs. APPLE AND APPLE, P.C. By: (j/v0*0- Attorney for Plaintiff(s) 4 15:53 FAX 440 349 3447 ASS11M U ft Fatlsradon of Arnedca BASHIAN & ASSOC. 444 STRATTON ALE 03 01001 -2005 CON Post-it* Fax Note 7671 Data `i-tti• O S or # payee To From lr S QtJ Co./Dept. Co. Phone# Phone 00 -6 -3 .5-1500. Fax # Fax # , Advertising lnsemon Uraer 'vs? 1.?, Z? ,Address city NleC?'?0.J'?.1L 1,t?t?State P74t Zip Phone 1 - S0 ,_ 5? Fax E-mail WyI uliclOd '- CLDWYI/.3 . Advertising Agency Contact sam. Title tJ City State Zip Phone "to 0I Q ? Fax E-mail Bil : Advertiser 0 Agency Net Bates: uli page, four-color $2,300 f 1 Full page, two-color $2,000 U Full page, b&w $1,800 Size: call page 901or: -rilour-color D'% page (horizontal only) L'1 1/i page, four-color 11 IA page, two-color ? %z page, b&w $1,800 Na agency discounts S1,500 apply to rarer. $1,300 I I Two-color ? Slack & White Material in tractions: r 1 Rerun ad from (Please specify issue date.) Advertiser or authorized agency agrees to pay the above rate, to forward all materials to Attn: Carrie Wood. Stratton Publishing & Marketing, 5285 Shawnee Rd., Suite 510, Alexandria, VA 22312, 703-914-9200 and to ensure materials supplied meet specifications as outlined on the current spec sheet. Otherwise production charges may apply- *If new artwork is not provided, lasr ad wile be published. Additional Mug bc`shm-T for ails to tun.) Date: Please fax completed insertoon order to Alison Bashian at 440-349-3447. Questions? Call 800-335-7500. . EXHIBIT ASSLq EXECUTIVE THE BUSINESS MAGAZINE OF THE ASSISTED LIVING FEDERATION OF AMERICA Invoice Date 5/31/2005 Invoice Number 050526 The Hollinger Group 4550 Lena Drive, Suite 225 Mechanicsburg PA 17055 USA Attn: Heather Bachman Invoice RE: The Hollinger Group Ad Size: 1 Ad Color. 4C Ad Description: Full Page Special Position: CONFERENCE PROGRAM Rate Schedule: ix Invoice Note: Assisted. Elvin Executive June Issue 2005 Gross Rate Agency Discount Amount Net Amount Production Charges Special Discounts Net Due $2,300.00 $0.00 $2,300.00 $0.00 $0.00 $2,300.00 Make Your Checks Payable to: Assisted Living Federation of America Terms: Net 30 15% Agency Commission Only for "On-Time" Payments For proper credit, please return a copy of this invoice with your remittance to: ALFA Accounts Receivable 11200 Waples Mill Road, Suite 150 Fairfax, VA 22030 Questions? Call (703) 914-9200 E X H b a AFFIDAVIT I LGt ff i P (??0?' of 5 U t G 66ft ?A , Plaintiff herein, verify that the statements of fact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909, relating to unworn falsification to authorities. as Date Ajf'ant fkq C. Title 5a 5 hot wtlee Address L(e ?a U,4 daL510?, City, State and Zip O S 00 cri ' SHERIFF'S RETURN - REGULAR CASE NO: 2008-03779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STRATTON PUBLISHING ANDIMARKET VS HOLLINGER DEVELOPMENT LIC ET STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Penns lvania, who being duly sworn according to law, i says, the within COMPLAINT & NOTICE was served upon HOLLINGER DEVELOPMENT L LC the DEFENDANT at 001q:10 HOURS, on the 30th day of June 2008 at 4550 LENA DRIVE SUI4E 225 MECHANICSBURG, PA 17055 DONNA BECCIA by handing to OFFICE MANAGER a true and attested coDy of COMPLAINT & NOTICE together with and at the same time di?ecting Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Affidavit ,.00 Surcharge n 10.00 '710'7109 "" ? 4 . 0 0 Sworn and Subscibed to i before me this d y of , So Answers: R. Thomas Kline 07/01/2008 APPLE & APPLE By: Deputy Sheriff A. D. CASE NO: 2008-03779 P i SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND i STRATTON PUBLISHING ANDIMARKET i VS HOLLINGER DEVELOPMENT L C ET STEVE BENDER Cumberland County,Penns?lvania, who being duly sworn according to law, says, the within COMPLA?NT & NOTICE HOLLINGER DEVELOPMENT It LLC was served upon DEFENDANT the at 001t:10 HOURS, on the 30th day of June 2008 at 4550 LENA DRIVE SUItE 225 MECHANICSBURG, PA 17055 DONNA BECCIA a true and attested c Sheriff or Deputy Sheriff of by handing to OFFICE MANAGER of COMPLAINT F, MnTTrP together with and at the same time di?ecting Her attention to the contents thereof. Sheriff's Costs: Docketing 16.00 Service 1.00 Affidavit 1 00 Surcharge 71/b'7/0 8 00 1 Sworn and Subscibed to before me this d4y So Answers: R. Thomas Klin 07/01/2008 APPLE & APPLE By: Dep ty Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STRATTON PUBLISHING AND MARKETING NO.2008-03779 IN CIVIL ACTION Plaintiff, VS. HOLLINGER DEVELOPMENT, LLC, and HOLLINGER DEVELOPMENT II, LLC, jointly and severally Defendant. PRAECIPE TO SETTLE AND DISCONTINUE CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 Apple and Apple, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STRATTON PUBLISHING AND MARKETING Plaintiff, VS. HOLLINGER DEVELOPMENT, LLC, and HOLLINGER DEVELOPMENT II, LLC, jointly and severally Defendant. NO.2008-03779 IN CIVIL ACTION PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly Settle and discontinue the above-captioned matter upon the records of the Court. APPLE AND APPLE, P.C. Dated c ( / By: Attorneys for laintiff I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE ABOVE CASE. THIS STATEMENT IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATIONS TO AUTHORITIES. ` cz ? f u E. 3