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Home My WebLink About12-3500t IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road Mechanicsburg, PA 17055 Plaintiff, V. ROY OSTAPKO, d/b/a Home & Life Publishing, 314 West Market Street Mercer, PA 16137 Defendant. V fl CIE ? ? NO. 1, - 3 Scb 31 v I CIVIL TERM 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 THE COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 22 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ?? a)1, 87 i IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road Mechanicsburg, PA 17055 Plaintiff, V. ROY OSTAPKO, d/b/a Home & Life Publishing, 314 West Market Street Mercer, PA 16137 Defendant. NO. CIVIL TERM CIVIL ACTION COMPLAINT COMPLAINT Plaintiff Fry Communications, Inc., by and through its undersigned attorneys, commences this civil action to recover compensation for printing services that Plaintiff performed for Defendant pursuant to a written contract (the "Contract") and avers as follows: PARTIES 1. Plaintiff, Fry Communications, Inc. ("Fry") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a place of business at 800 West Church Road, Mechanicsburg, Pennsylvania 17055. Fry is engaged in the business of commercial printing. 2. Defendant Roy Ostapko ("Ostapko") is an individual doing business as Home & Life Publishing at 314 West Market Street, Mercer, Pennsylvania 16137. Defendant is engaged in the sale of telephone directories. VENUE Venue is proper in this Court pursuant to Pa. R. Civ. P. 1006(a)(1) in that this action is brought against an individual, and Cumberland County is the county where the cause of action arose, and also is the county where the transaction or occurrence took place out of which the cause of action arose. Specifically, and as set forth more fully below: a. The Contract between Fry and Ostapko, a true and correct copy of which is attached hereto as Exhibit "A", was entered into in Cumberland County; b. Ostapko's order for printing services was accepted by Fry in Cumberland County; All services performed by Fry under the contract were performed in Cumberland County at Fry's facilities in Mechanicsburg, Pennsylvania; d. Title to the finished printed materials passed to Ostapko in Cumberland County when Fry delivered the materials to a freight carrier at Fry's facilities in Mechanicsburg, Pennsylvania; and e. Fry's invoice to Ostapko was generated in Cumberland County, and called for payment to be delivered to Fry in Cumberland County. 4. The contract provides that the Contract is made pursuant to the laws of the Commonwealth of Pennsylvania and that Ostapko consents to jurisdiction of the courts in the Commonwealth of Pennsylvania. FACTUAL ALLEGATIONS On or about February 18, 2011, at Ostapko's request, Fry submitted to Ostapko a proposed contract for the printing of a telephone directory to be called the Flagler County Directory. 6. On February 20, 2011 Ostapko made changes to the proposed contract, signed it, and returned it to Fry with his signature affixed. Fry accepted the contract which is attached as Exhibit "A" hereto. 7. Fry printed and shipped the Flagler County Directory as per Ostapko's instructions. 8. On or about March 21, 2011 Fry submitted its invoice to Ostapko for $52,550.49 for services rendered to Ostapko pursuant to the contract. See Exhibit "B" hereto. The contract provides that payment of the invoice was due and payable thirty (30) days from the date of the invoice (i.e., "net 30-days"). 9. Ostapko paid all but $9,113.64 of the invoiced amount. Payment of the invoice balance of $9,113.64 is past due. 10. Fry has demanded that Ostapko pay the balance due, but Ostapko has refused. 11. The contract specifies that a "finance charge of one and a half (1.5) percent per month (eighteen (18) percent per annum) will be charged on all past due balances until paid." See Exhibit A. 12. The contract further specifies that Fry is entitled to recover its attorneys fees and costs should Fry have to bring an action to collect monies due under the contract. COUNT I - BREACH OF CONTRACT 13. Fry incorporates herein Paragraphs 1 through 1.2 above as though fully set forth. 14. Fry has fully performed its obligations to Ostapko under the Contract and satisfied all conditions precedent to Ostapko's obligation to pay for Fry's printing services as set forth in the invoice. 15. Ostapko's refusal to pay the past due balance constitutes a breach of the contract. 16. Ostapko's breach of contract has damaged Fry in the amount of $9,113.64 plus finances charges at the contract rate. COUNT II - UNJUST ENRICHMENT 17. Fry incorporates herein paragraphs 1 through 16 as though fully set forth. 18. By performing printing services for Ostapko at Ostapko's request, Fry has conferred a benefit on Ostapko. 19. Ostapko would be unjustly enriched in the amount of $9,113.64 by retaining the benefit of Fry's printing services without fully compensating Fry for those services. WHEREFORE, Fry demands judgment on Counts I and II against Ostapko in the amount of $9,113.64 together with finance charges at the contract rate to the date of judgment and attorneys fees and costs. June 1, 2012 Ro rt A. S (ID No. 17766) <rswift@kohnswift. c om> Craig W. Hillwig (ID No. 70107) <chillwig@kohnswift. com> KOHN, SWIFT & GRAF, P.C. One South Broad Street, Suite 2100 Philadelphia, PA 19107 (215) 238-1700 Attorneys for Plaintiff Fry Communications, Inc. VERIFICATION I, Mary Roberts, hereby state I am the Chief Financial Officer for Fry Communications, Inc. and am authorized to make this verification on its behalf. I have read the foregoing Complaint, and state that the facts set forth therein are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Mary R berts Dated: May36, 2012 EXHIBIT A FRY MM INC. Comm February 24, 2011 Mr. Roy Ostapko Home & Life Publishing 50 River Trail Palm Coast, FL 32135 Dear Roy, Enclosed, for your records is a copy of your fully executed contract number #79883R4. I would like to personally thank you for your business, and I look forward to continuing our print partnership. If you have any questions, please feel free to call. Stephen J. Grande Vice President, Sales Fry Communications, Inc. www.frycomm.com SJG:jas enclosure cc: Steve Jared, Sales Executive, FRY Melissa Warner, Customer Service, FRY Billing, FRY FRY COMMUNICATIONS, INC. 800 West Church Road, Mechanicsburg, PA 170SS-3198 T: 800.334.1429 or 717,766.0211 F: 717.691.0341 www.frycomm.com q'd! 1 it zu 1 1 14::4 1 Jdb44 rlh'L tJ FRYIN COMMl1NICIIIVONS, INC. February 8, 2011 Mr. Roy Ostapko Home & Life Publishing 50 River Trail Palm Coast, FL 32135 Dear Roy, P.1 PAGE 01 I This will confirm our conversation, Fry Communications, Inc. will prOCeSS the 1,200 listings (approximate) that will be supplied. In addition, Fry will Include the additional i a0 bold liistrgs and paginate the approximate 64 pages. The additional charge to processlla9 page listings for the 2011 Issue of the Flagler Directory Is $10.00/page or an estimated $640.00. Additional requirements will be estirnated and must be signed off on prior to proeeeding. Authors Alterations (AA's) charges are #65.001hour. Galley pages will be provided within 7 days of the receipt of all tlle5. Please sign on the line provided below and fax the document beck to 717-697-1358. Sincerely, Stephen E. Jared Director of Sales Accepted ror Home I Life Publishing Roy Ostap?k0,,OWMI . N Dat_______ F71Y CDfMAtlNIG110N5. INC, . 900 west aoxch Road, fthaelc*n, PA 17055-3198 TA00.334.1429or?17756.0211 P717.691,0341 6www.frycarnm.Wm crc? ice! ••v.?a LY. .]'. 1.: 00`.Yf VGf.] RYM COMMUIyICATIO NS, INC. p.2 rraG az Pap I N79833r4 February 18, 2011 Xn=6 Attn: 50 Riv Film ( Jolt T PAGE TRIM d by.. Steve Jared ® (336) 7604639 Life Pahlbblug I Oetapko Trail ssi, FL 32135 PiiJ11MR (386)793-.0369- llingbw County Dilreetory ME: TTY; 4D,DCO Copies +!- x% Variance 288 pages *4 Page Cover 6X9 ' + Bleeds «Revised for new add9 cost pricing. yost?pkoC3a c41.rr.cozn Output sad impose direct to platy groan Customer supplied PDF files conformi ng to Fry speaiAcat ons. Mske ome set of Digital bluelime proofs. All other prep work required will be additional. ne price doss not include proofreading the outputs for errors in the file. Unless instructed otherwise, in writtng, by the Cwttomer, Fry will nor go to press. in ihe'absence of a Customer approwd CONTF.NT'CONTROL, and COLOR CONTROL proofs that are rep resaaadve of the supplied fitas, These-proofs are as defined in Schedule C Spec(fications. lien instructed as such, Fry will not assume any liability for prating issues related to the absence of these proofs. Flies not corfbrmingto Fry specifications may be subject to additional rosSo 'the desired results cannot be mer without manual Warvention by a FryOp ro proprietary systems and certain word ,proewi tag programs are notorious for creating or contributing to thefouowing "M ofproblams 1fproper precautions are not taken. 1. Rluck t0d dlsappaars or prints at a black tint value 2. PW colors printing on the incorrect plate 3, Missing imagt within graphics due to incarrect color converslon 4. Images intending to print as block hagiones convert to process color and print light. Fry will correct problematfe jfles at a tbaework charge of 1190.00 per hour; no' Customer must see and approve a separated black and white laser proof of each color to ensure all ele>nants are consistent with the desired effect. Please safer to Schedules C & K for all Fry speci8aatiow. These are an integral part of Fry bids. Cover - pining -*4J4, 4-Color Prroeese Inks plus U.V. coating on Covers 3 and 4. 't'ext - Printing -111, 4/4. (Sae printing breakdown on pricing page.) Nate - Wiaen sheeded and hestset.1tems are triiiirned together, the 4astaet item will regain moisture after trimming end'SwW to a slightly larger size than, the sbeet-fed item. FRY [OMMNOTIDNS, K.- Ann Wpo rhiorh prAd. Mprh.7fl1rih11ty. PA 17f15G-11gA VLJ Lit LuA1 1`1. J''1 Paper: p,3 1?oov4rrJ?r? F'A(it W3 p i age 2 February 18, 2011 Cover: 10 Pt. C2S Ba 25x38 Q $B 1.60/cwt Text., 27.7# Newsprint Bs 7508 (3a S33.12/cwt 5011 Coated No.4 Bs 2508 @ $48.001cwt Or 60# Coated No-4 Be 25x38 Q 546.081cwt Or: 40# Coated No.5 Hs 25x38 aQ $46,08/cwt Or: 33# BulkyNews He 2508 @ 540.32/cwt Or. 3511 Premium 80 English Finish Be 2508 Q 538.88/cwt (minimum OB-10 week order time required) Unless specifically specified otherwise here, paper prices will'bc valid for 45 days from the date ofthis quotation, thereafter paper prices are price prevailing at time of shipment, Perfect B ind. The copy, provided for prig trig on the apines of perfect bound books should not exceed 75% of the spine size. a BCHBD?JI,)g: 'TER11?: i .Bulk pack in cartow sad slop to 32135. Any +Cmrier services, pallet tacks and/or Lift Crates required will be additional. *Freight charges we quoted on estimated costs ournmt at time of proposal. Freight charges may change at time of production due to fuel surcharges, etc. Fry can pmvido an updated $eight estimate at tint of order. Fry will bill appropriate freight charge at the time of completion. Custo=r may be snbject to and Pxittter may be, obligated by law to collect sales tax on printed matter. Customer is responsible for all taxes. Unless otherwise stated the prices quoted do not include sales tax. To be agreed upon. To be determined. Fay's price quotations assuttae that payment will be made by cashicheck according-to the specific credit terms established betweizi Fry and its custci er, therefore quoted prices already reflect a 3% cash discount on value added, paler, materials and services. If you have been approvtd to pay by credit card, the fW1 price will apply and be reflected at time of invoice . All material must be preVlded In accordance with schedule C 4Spedf1ceU9ns for W ruched Maberhls," which Is attoched. ------------- - - _ _ _ _? - - ' -All pecking and dbWbutson is foe Mechudaburg, f1., and is done *Mxdln9 to rfy neauhemarW. --- -- +y ^ _--^ar+a•1 A- para., -n yvwtadws: M dfds propasal an shown in U.4 dallari and am based on the market price es of the date of this prtJMOL Any future Increase --_-. - In pdcas 01 these materiels to the p6nter prior to ptodactlon vdll result in an OLWrr&tK aoJuatmena or Ups yew- h@• 1- subja[t tot o terms and cwxNtions 3tfawn on ttM reverse fide, d+ll proposal bawmas a contract when atcepbul by an wtharlrr d mprWrative of your company and Fry , I eommunicptlons, Inc. All prlm we based on cwh at the time of quotptlem end wit be subject to revhw It not accepted wlWn slit' (60) days. i 02119/2011 14:34 13864470273 p.4 tln(*- U4 Rome Life)PabhoWng Page 3 #7998. x4 Terms and Condltl*ns FrebruM 18, 2011 Paymaot! I diots ctherwhia sig"Ittl, the,sites nn Nat TNny da) Oa due end payable camlesdtwl Norl" psdod, Fry had ore 11ablllfty If N chooses to dlaposd of, Of dootroy, the thirty (30) 0 o r from the date of batiks oovodrq 61e tvorh au by this ahRtnct A stored matel hnahce the s of are sod a•hmlf (t.6) par nwrdh (alghldan (1a) paiosnt par aerwm) Will charged an as prat due balanced uNt poW, AN payrlwrm ,alts!! be made in QUALR'T CF WORK, The "Mr NM use reseendN41111" M reproduce Copy brah(irl to U,S, dolla It is understood and normal that ben N of the eanara s in stela ionnfnlio6 and If the mMarlits famished by Oustorrsr. Nbrmpt pndnknw, or edpondon of paper tend the Cwle delauhe In the poyntsd of any pod Jtafwf, tho entire amount of ifte opal l reasonable varklat in color between pmWA and tlnfohed txoduet ohpll conetltura ,MN 1nNll/d lily brownie al and ptryabb WHxael raaaes at the option of Printer, bpelher setspiabM Mork. Coaptekds: QUpkarnef ahan aubrntf dale of an aNapad Pdrdar error nr, wkh all ohs of coomm'n, lhdudb+9 row"nable NWrhwea A"" If counted by law or deWgWe wofl to hethor 0SAA. The OW shell enter Me appropriate Information throaoh on ,army. In that e"ril Cwlomar defnrlla 1r "king any payment,uadar this or Ktgarddng tho' rdldm blo Ile CQralmer CompWMt System. SwnoW&) of the sear ar cry other at owmily blip performed for Ovelbrtarr by Pdnint, Prioler may suspend dobolWS work also shell he asbmglW to gin CXM lot oavtew by Printer. AN Maim and porormen undorthlr contrast. samples, Wm* be oubmhted to Printer florin 90 days of tifa kwok:a data. Printer dnall research the eMkn end heudwn fiftet nr/pmaat in a Val matnor, Parents: AN to are In be roWnwo in Prinfer by Cutlonwr, with annebllens, Vany, noted and natrked'Approved Will awmeamfe,' and lttnttl by pbopady authorized poison, 'rho Prbfter Is n readdnegdp for siren, In work 001id In ncon allonce, will Oveloathe'a Q.K. In the absence b! vigned approval, the return of proof abeff be suPooMM auAtorfcsllon lbr tits pdnler to unteea a "NWA proof Is mouesiad. b16uYW4d pan Only in the olownt Neat Fry pancheado pepor an bohaff of Nat a mlomer did Wk WAD Ie estoed. Oulaornsr is noIlk"Obirr as paymarN for any pwar .Malt Fry Iles ateulad far bridden publication, Innli dkq popor remotnleg on hortd ee rib nault of Putillil d leg prMkuv, tMsooritkwhig poMMatbn. or Nrangkig pafiar Mittdnsnents. The ptlfNw tees the i)yed to sul dNWit coiVarable Dollar at a manuisutursr different Ihmtholtlae audedlwilata'HeQubatwtlon"Is apaneled. C) Furne - paper: Ciftkirner fumtohed paper noel bet of a queWy oultalde for 00clohl red 6ftem i pf9suoilm.-BtlM1doM sddli otarl paperer opedNad•by Ihv Prefer mast be kanfohed m low rot mina! opoiage. N the Printer U6" rev planar than opeolfied 10 produce the t, Nis wsianar WAY, Id Ns OM gIM", Wrongs In hens one eamafnfng popes 40100 b s wakwar's •daalgnal id pl?IMrllan within 13 days of compMi?or of the erdsr, i lit tlms the Printer may Main a dhposo d any paper promos. The prhiser new s Na right to miles, any Wro ahed paper, which the PrIMer da"Irion In ran 4OWNe to to dx1 Ra prasa" o) overruns and Undsrrun*i A variation In ho edemed qusndhr as doebllod an this mvpna own, all rafhsKula ae"ptall d9thary, • prim to be ad(ushid scatadingly, y io dued McheaWa: upon nroolpt'of a dgnad contract, a dbolled Production 8cheduin wilt mumsy agreed upon in w ilkfg be~ roe Cwtanst and the Printer for ell work tip parKrn+sd on this, carht<sd Tint P'kss in I1fIa carNFaot are beard upon teals tydmplIartco h tall aehMSWv and arty dtndellen hem tea fsytaotl tlptm ediedufa on Ira pan of the vioner may result In a rovhed dwmy am# or addNfonal chwgee for dt wntma ar trtntime Ieamod by printer duo to sold deviation foot rte sethsdoW. In any eras, nb a anal work will be performed by tho Prktper, umfl aoch revleed adhodula, andAw prI&V In approvaa by the Guelcmar, PMO STAQL' A FREIGHT: 10usiornor mall pay PtMW In advance for at poskrga. A$ 0 murfany. Pdn will errence for ocipm r, eaitef oh1prmto an boW of Customer naming the Cusoms Ma atdpow, pooh stld'nnerit to be ealeat or PRpsid by CU OMW tbm I proanvmt Ie wombary, Cuslarrsr releeept Thlnlor here duty WWVY Inf 11011-dal" for twos dadvmy prMtad mstarfoi. Frywt not acaspt PAbOW a immalgomitei dpmspas WNdh mutt ham. s.4 are owned by. IncomlpMM or innw rate rmMV addnn dills being aubmtipd two cry to poriorm the pre-sort hmellom PAPER STO AG6 CHARGEat orgy in ran event that Fry obtain paper on behalf of the wplamer, lets owing M egroad. The PMor wa ptrntdo vb. for dts Cwtafter's paper aUBlldt to tic klbwb00 anaiyeat. Rafe herd in tweaks of the CuvMrneep average ragdrarnn t i her months -AN hour a charge of $$? Par C41. pnMfnasrt t00) For month, Stirs s dw akrok Will In excess of the Cts ionlere evsrans M40amen( for two monlne will a chard of M DO per art (malifti" 660) for month, The everape for two marrow be dermmhood by ¦veraglgp proveus months' ecYvlly, Volhg bask 12 nwilthr. Pao that hap boom hekt rot ou mohibe Mtih no so" wig Incur a chorpo of $.57 M Cwt. (m um 660) Per meMIt. However, If a CUou" r prkda how frdRuently gum four no year, Printer will not 0AM6 t1 #fp for 120% at the paper rogmkorrom for site colander coon bahoe and dtkllyd thin Cugarnor'e math of pedur*n and wig not charge fb ial lot 25 of lha paperregenament for the 4elandor minnih attar his produeUan, At draipas WIN W4 Metal! on the 4uuWty of pol on hand the NMI do y of The mesh. It in= charges restalh unpold for lea 4"s. printer shall have the lghf to demand shat Customer lemore IiW pepim, frem printers am"*. it DWtermot, Rills to - t.nove. the paper after r 20 dayo' nolbcs. or may won tin paper and refrfe IM praunats to C06WMK lees ssrrsgs cattle and coin! or'sals. Primer snit Nec, haw ms apt, to purotim the paper for No own rinationt raise. MATERIAL 9tORA60 Only In the avant that Pry !tore, mit"ll, an behalf of the rtntpmof the wimp or agreed. ftnotin of tiraehod goods, knne M, coven, corbrs, and all other tea will he hen row up to 30 00yo prior to, and 30 days alter, rite ve4kin ly achecti d price clap,. Rillsh id goods end other molrdd received earlier then 30 flays pyim to, or nmol;1housionvor in siorayo 3a mays inter; the origMelty nhoduled peW data WIN he charged for aloyadb not worts) than 2.1100 ponmdp ar makvtat. if *wv M no mcdvlty, alorogo ahargo, or requ*0 by IM return of eforod materiel far 9 montlar after the intU.t TITLE: Tiles and Ilok of Ices Of tiOM e to anlehW tr+d samt•RlRhad Work Will puss to Customer assn the eurlksr of ddtvsry W do Ungad SUMS PwW Itarvia or Is carter (P,q.p., Ffye Ithlpping ?dadt), or delivery Into stortps, ropefft" at whither he trennpari rnsdtum or storage fedNNae era twwtw Paalroy owits it by w and ragerdeas of whether we "94, you lee 0011 e: :NALEO TAIL' CtNtOma may be aub)ocl to and Pflnter may he oatlgdtae DY law (o col anden tax an pointo0 mailer. which Is ddvwed wRh1n the staled in which K W" Printed. Unless otharN4s/ Nhalsd, the prWes quoted as not 1nchMbs.alea laN. At,75RATIOM No Mm+dwrM*ri sNen 96ne b Iho lypewrigon. perilom; of We egroon ent es val uadavs InRlded oy Peter and CumnoRlvr., Any Wrrcpoa to thq original ppeWlltosgbrha nfgtlt•pprsament after acceptance by Printer, will be bnMd ae•astre charges, at Pinar, lowed ral 111081il fYt Owlons r will Indowl std ograa to save Interviews, nw Printer. of and tram any and NI danlagaf. tosses, pee and ousts which Ira Printer may hour, sustain, or bufrsr, is yte 001t of emir dire, charge, or salt bd.ed upon Orly sbldgadnno of PSI. abeoenky, anusvAO masted. IngVwmnt for' misuse of ItepY. p? . ponrdta, phologroplnp, at *w fnpMlai, puMAMd by the Witnomsr, aerial not. ted or bound by tea Printer urWW the 1enTit of tilt Agreement, it being un$watcod and eeknowledW that the Prlebrr ha no =rfor own In Wems, and airy Suppressions, fmpaundng or i online of wWW matter, booeuso of 66 d". Obscene or unlawful manor. Ir"gortant of mhus% state real orhous the Customer from liability to die printer rim mordos to be paid under ft sorrrrs of thin Agreemont LIA011I.17M The Pdntar shot! eat Its Vablu for nod•perfim wilae reauldrp from ware, reea "Ir, notbnef amprpenay, ablked, netts. Aoodo, or olPftr Deposition, 'riots, InsUmo diems, eceldw+tit. deleylo OP soowatla 10 Iranapbrtatmn, or acts or d.reullF of vubachfnalor, or aJp kno, at in ahMkt power at transportation fed0m, rules cad reogkdlona by law or goysmunentppency during padsds of national emergency. and alter cooms baynidf I10 Prhade Control, Whether or air fie Opu?a no nl a 40"o or Onractel elrtdler to tics herobalore anlAnmakM. PPI]W B UABILrrY FOR ALL CLAW MEWS HEREUNDER INCLUDING NEGLIGENCE OA UMACH OF WARRANTY SHALL Be LRARHo Tt0 CREDn POR AMOUNTS PAIL. To PAIWgA FOR DEFECTIVE WORIL THR COLINT OF DWFC'n t WORK SHALL BE DXTelM WBO SOLELY 6Y EITHER if) THE 001LINT OF DEFINICTIVE WORK WHICH THE CUNTOMEPt R@i'~ 70 PRINTER. OR (2) A 4TATM70AL EXTRAPOLATION SM91D ON 009UMENT11 AONTAINNO aY PRINTER'S gtlALryY CONTROL STAFF Rf3FLE4TING 7MF MUM OP RANDOM PULLS Of WORK DURING REAL TIME PROCWCTION. IN 140 IMN7 LIAX9 WILL F"WTE NTIALR rAM.IDH OR 1.0111 DA19 OF REVENUG4 OR ANY t7THER RESULTINO OR SUSSELtUEwr tampTroa-son, TateoNlbN and ompoo the psalm' deollrP ohhdwe ptnung tool, it M "ad that the terms apt firth an oft pram! shoo apply to so Niufe pdmalg )nW lints" eThafldltl or oenlrarNOmrha by ? Wittig algnad by btilb palled. MIst:ELLmsous! The PrMUar rnerm the ntNrt to Neiman any Fnd oil work dsovitiod in We codkaN It lea MA plant or In Via plan{ of any mWJI$ifrd oompany or to ?Ubcontratst Bt' . whole or M part. No addendum to or sm/ndmMt In the provisions of this Agreement snail be ellaallW or biaana upaA a pally hereto, 011104 sinbodied IA A written Inalluesnk, evenhad on bahob of such pony try an suitwhold roprasanestNa. The production scbsdufa, tvkan pop" oaaouted on eaten pmAdtled. end any machrnotA(a) heroin. referred to em aseefied horeM, raruWUts a pqn of rids contract Thin contract ravttelno 1he anae Agnownsini of tia panes and no kftlucamemtp, reprmemo Dons, promiaos, oghaeieena, or undoraandinys oral or to wrift tiohamen aw pslMo. not ornboded heroin m subsequently resale a poll of honor by a propedy arotauted addendum or amendtoarA hereto no hoatin provided, ahalf be of sty foram or oftoL t4dila lalMrding the knceahie. end recogntzing loth she frequency of abww onhno add praoa doWRn as. Pdnutn't wrNll dwnge order soon to CUotaner filing sinned the teem of The epminc job N Is parOrRnl to without the aowtttnalpnplum of Cudlamrx• DroWlad Nail CUsmmafr dean not aontravhrt tho chenoa eider vrid>k1 Zs, hbom at Maeda thadaof, by mall or fox This Agyeesamd in mods pursuant is sad trig be powsmad by the Iowa of the Commonwbdkh of PamaytvaMa, and cow"( wra"il to wrbdktton of UN courts ,beret. nor. tnrna+o All of the prf?e9. apecUlcatlons, tonne and candftforrs ea shown haroln are hopeby acknowledged and sccopfad, and are 11,011c4 to 171-94114 0OL'909nea to bid toryfkmalc by Fry Communi'm9bns to Cuala ner, undar•aaparato Dormspondence, W1014A9 pryra dvaluatlon of Gusthmer's credit application. GVmMar's ot:aptnrica bofow canorma tit is ano and the same antify that nos that hen appNed for such crodA and ie 60aorired to axeruts this contract, and aokno dM ralaponwhOdy tar ps Ct. Accepted tc?r Aoctipted q/*Ano a I by , oy «--lye 04 Tltla Title .Dote of "lotanca of Acaeptancn ZA, p.5 rage 4 ' February 18, 2011 Price ilLo" in U.S. DOUTe: 288 Pages + 4 Page Cover COST: IOPt Cgs C 'F TON Coated No.4 Text: 7.7t! Newsprint rS TED FR>cI1,.Wr.. + M's $24,704.00- cZr.4 $365.17 $2,202.00 - `;JX'" $49.72 $14,978.00 $457.92 $2,024.00 S48.95 40,0 to 32135 $1,540.00 -'-e Total $50,448.00 $872.71 i Alto t?e Paper to 150# Ctd NoA (substitute far price abo'Ye) ? $351.f 1 TeXt! 04 CbaffdNo.5 $1'9',343.00 Alterns to Paper to 27.7# Newsprlat: (subrtltste for price above) $64.57 Text: 33# BulkyWews $2,670.00 $66.03 Text: 5# Premium 80 $2,730.00 Addi sal Cost Items, (add to tot'siabove) $2,02t.0D $51.30 , ,. Add'i print co r on 12pt t;2S i y e,o $17.04 Add.'I run g of 64 pg. section 4/4, VC Process S#?99 tTtt' AM r a 6 pg. tefoid cover with pert $1,756.00 $32.68 Prlatita Brealtdowa., 224 pages printing 4/4, 4-Color Process Inks on 501 Coated No.4. 64 pages printing 111, Black only on 27.7# White Newaptint. *Note - This optton would require a second Wxk because of the additorasl' weight. The freight rate above would be doubled. E r1.. E EXHIBIT B I 1I FRY Publication, Catalog and Book Printing Specialist AMERICAS TRAVEL. NETWORK ATTN: ROY OSTAPKO I' 50 RIVER TRAIL DRIVE PALM COAST, FL 32137 IMPORTANT: PLEASE RETURN ONE COPY WITH REMITTANCE i FLAGLER COUNTY DIRECTORY j QTE 79883R7 ORDER QTY 0000040000 288 PAGES, 40,432 COPIES UNIT DESCRIPTION 1 MANUFACTURE 288PP & COVER 40M 1 ADD'L M 1 PAPER: COVER, 1OPT C2S 1 ADD'L M 1 PAPER: TEXT, 40# COATED #5 1 ADD'L M 1 PAPER: TEXT, 35# PREM 80 1 ADD'L M 1 ADD'L FOR 6PP GATEFOLD COVER W/PERF 1 ADD'L M li 1 ADD'L TO DIE-CUT COVER 1 ADD'L TO RUN 32PP 4COLOR 1 ADD'L M 1 WHITE PAGE PAGINATION 1 WHITE PAGE AD PLACEMENT i 1 FREIGHT CHARGES 110321-1103 THE FINANCE CHARGE IS COMPUTED BY A PERIODIC RATE OF 1 .50% PER 30 DAYS (MINIMUM OF 50 CENTS) WHICH IS AN ANNUAL PERCENTAGE RATE OF 18, MAPPLIED TO PAST DUE BALANCE, CUSTOMER NO. REFERENCE NO, DATE INVOICE NO. PAGE 0051182 J 3/19/11 296011 1 JOB NO, TERMS 3/ 5277 NET 30 DAYS AMOUNT PAID $ SETUP QUANTITY RUN/1000 24704.000 432 365.1700 2202.000 432 49.7200 15343.000 432 351,6100 2730.000 432 66,0300 1756,000 432 32,6800 1640.000 908,000 432 4,5600 448.000 243,750 2200.000 INVOICE TOTAL EXTENDED 24,704.00 157.75 2,202,00 21.48 15,343.00 151 , 90 2,730.00 28.52 1,756.00 14,12 1,640,00 908.00 1.97 448.00 243.75 2,200.00 $52,550.49 FRY COMMUNICATIONS, INC. 800 West Church Road, Mechanicsburg, PA 17055 Phone: (717) 766-0211 Fed, ID. 23-1885979 PLEASE PAY THIS AMOUNT AL ORIGINAL INVOICE IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road ' Mechanicsburg, PA 17055 Plaintiff, V. ROY OSTAPKO, d/b/a Home & Life Publishing, 314 West Market Street Mercer, PA 16137 Defendant. ; CIVIL NO. 12-3500 JUDGMENT Upon an uncontested motion by Plaintiff Fry Communications, Inc., and the Defendant Roy Ostapko agreeing to the entry hereof, the Court enters the following JUDGMENT: 1. Fry Communications, Inc. and Roy Ostapko (collectively, the "Parties") each consents to the jurisdiction of this Court over them. 2. None of the Parties to this agreement is under any legal disability, and all P have had an opportunity to be represented by counsel of their choosing in consenting to this judgment. 3. Each of the Parties to this agreement is legally authorized to legally competent execute all settlement documentation on its own behalf and agree to be bound by its terms. 4. Judgment is hereby entered in favor of Plaintiff Fry Communications, Inc. and against Defendant Roy Ostapko in the sum of $9,113.64. 5. Payments will be made to Plaintiff in the following amounts and at the fo times (the "Payments"): 485201 (a) On July 10, 2012, Roy Ostapko shall pay to plaintiff the sum of $500.00. (b) Ostapko shall thereafter make monthly payments to Plaintiff of $500.00, with each monthly payment to be received by Plaintiff on or before the tenth day of I month that the payment is due, beginning with the payment of $500.00 due on c before August 10, 2012, and continuing thereafter with $500.00 payments on September 10, 2012, October 10, 2012, November 10, 2012, and December 10, 2012. (c) Ostakpo shall make a final payment of $6,113.64 on or before December 31, 2012. 6. Plaintiff shall forebear from executing on this Judgment unless Plaintiff fails to make all payments as required Paragraph 5. 7. This Consent Judgment will be filed and appear of record until such time as the amount of the judgment shall have been received by Plaintiff. At that time, the Judgment be marked "satisfied" of record. BY THE COURT: t5 CONSENTED TO BY: ? ? ?? - 14711f- P, / Fry Communications, Inc., Plaintiff By: C= rr1W z,. Roy Ostapko, Defendant --4 GJ P619 QS?ap,?c? 485201 2 (a) On July 10, 2012, Roy Ostapko shall pay to plaintiff the sum of $500.00. (b) Ostapko shall thereafter make monthly payments to Plaintiff of $500.00, with each monthly payment to be received by Plaintiff on or before the tenth day of the month that the payment is due, beginning with the payment of $500.00 due on or before August 10, 2012, and continuing thereafter with $500.00 payments on September 10, 2012, October 10, 2012, November 10, 2012, and December 10, 2012. (c) Ostakpo shall make a final payment of $6,113.64 on or before December 31, 2012. 6. Plaintiff shall forebear from executing on this Judgment unless Plaintiff fails to make all payments as required Paragraph 5. This Consent Judgment will be filed and appear of record until such time as the amount of the judgment shall have been received by Plaintiff. At that time, the Judgment shall be marked "satisfied" of record. BY THE COURT: CONSENTED TO BY: Fry Communications, Inc., Plaintiff By: 61 Roy Ostapko, Defendant 485201 2