HomeMy WebLinkAbout05-2980
KRAUSE PUBLICATIONS, INC.
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O~ - ;;ZqiO (7; (.) L '-T €.ILrrl.
STACKPOLE, INC. Trading as STACKPOLE
MAGAZINES
CIVIL DIVISION - LA W
Defendant( s)
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 hy 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 ajudgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or rei ief 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
LA WYER, 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 LA WYER, THIS OFFICE MA Y 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
TWO LIBERTY A VENUE
CARLISLE PA 17013
(717) 249-3 \(,6
KRAUSE PUBLICATIONS, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
os - .< 't fO
Cu..Ct€R-0
STACKPOLE. INC. Trading as STACKPOLE
MAGAZINES
CIVIL DIVISION - LA W
Defendant( s)
COMPLAINT
The Plaintiff, KRAUSE PUBLICATIONS. INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.c., bring this
action of Assumpsit against the Defendant to recover the sum of SEVEN HUNDRED TWENTY DOLLARS AND TWO
CloNTS ($720,02), along with interest thereon ham Octobcr 21,2004 upon a cause of action of which the following is a
statement:
I. The Plaintiff. KRAUSE PUBLICA TlONS, INC.. is a corporation organized and existing under the laws of
the State of Wisconsin, having an office and place of business at 700 East State Street, lola, Wisconsin 54990.000 I.
2. The Defendant, STACKPOLE, INC. Trading As STACKPOLE MAGAZINES, is a corporation organized
and existing under the laws of the Commonwealth of Pennsylvania having an office and place of business at 1300 Market
Street, Suite 202, Lemoyne, Cumberland County. Pennsylvania 17042.
3. On or about August 1.2003 Defendant did enter into an Advertising Contract with Plaintiff. A true and
correct copy of said Contract is hereto attached. marked Exhibit "A" and made a part hereof.
4, The prices charged for said services provided were just and reasonable. were the legal and market prices
therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff.
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5. The balance due and owing by Defendant to Plaintillis the sum of Six Hundred Sixty-Six Dollars and Sixty-
Six Cents ($666.66), as appears by Plaintiffs Invoice #5901788 hereto attached, marked as Exhibit "B" and made a part
hereof
6, Due to Defendant def:1ult in payment Of said amount due and owing as aforesaid, late charges have been
added to said account in the total amount of Fifty-Three Dollars and Thirty-Six Cents ($53.36), as shown on Plaintiffs
Statement hereto attached, marked Exhibit "C" attached hereto and made a part hereof
7, The balance due and owing by Defendant to Plaintiff is the sum of Seven Hundred Twenty Dollars and Two
Cents ($720.02). as appears by Plaintiffs Affidavit hereto attached, marked as Exhibit "0" and made a part hereof
8. Plaintiff trequently demanded payment from Defendant of said amount due and owing as aforesaid, but
Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof.
WHEREFORE. Plaintiff brings this suit to recover tram Defendant the sum of SEVEN HUNDRED TWENTY
DOLLARS AN D TWO CENTS ($720.02), along with interest thereon fi'om October 21, 2004.
Respectfully submitted,
& JMBLUM, P.c.
~'-......
--------
Robel1 D. Kodak
407 N0I1h Front Street
Post Omce Box # 11848
Harrisburg. P A f 71 08.1848
(717)238-7f51
Attorney ID No. f 8041
Attorney for Plaintiff
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KRAUSE PUBLICATIONS, INC.
700 East State Street, lola, WI 54990-0001
Phone: 888-457-2873 Fax: 715-445-4087
=-
CRAFTS DIVISION ADVERTISING CONTRACT
,he undersigned hereby agrees to run a display ad In
1X~ 4x 6x
The tirst insertion is to appear in the 5~ 2003 issue and continue in the following
Issue(s) 01 C!?Je-T. 1'1dJ>. 'PII2 EC..7'()-,e. 't.e
Client agrees to pay tor such space in accordance With ;';.s In eff9Cl;-tlime of Signing lor he duration 01 tho
in,r,al cnnlmd pAlled 01 $ G b 7 "'fflor each I .page, -color ad
The foltowl~g condllions are understood and agreed to: I ~( ~ (5D N E(
(1) Copy must 00 received in the onlce of CRAFTS DIVISION, lola, WisconsIn. no latar than the published deadlines.
(2) Copy may, be changed each issue. but if the new camera.ready copy is not received by the applicable deadline,
prc~iously published copy will be re-run, unless 'stand-by" ads have been arranged in advance.
(3) Ths CLIENT agrees to "hida by Md accept all conditions ot the advertising pOlicies set (orth in the current rate card.
which shall be published periodically, Any violations of advertising policy shall be grounds tor cancellation of the
agreement by the Publisher.
(4) This contract may be cancelllld by Krause Publications at any time without liability provided any advance payments
for advertising are returned to the l;UI::N I.
(5) Advertising is accepted when published. II this conlract is cancelled due to breach of contract by CLIENT, all previous
advertising under this contract will be re.invoiced at the earned rale,
(6) Tho CLIENT may not transfer this contract without the Publisher's writlen consent
(7) This contract automatically renews itself for each succeeding year or term at the then current rates unless either party
gives wrinen notice to tha other al laast 30 days prior to an automatic renewal.
(8) The CLIENT assumes 100% paymenr responsibility regardless 01 any third-party preparallon, placement. or billing
arrangemenl.
(9) CRAFfS DIVISION reserves the right to alter or revise any term or condilion ollhe agreement upon 60 days nolice.
with the understanding that the CLIENT has the right to cancel without penalty it and plovided thai within 30 days the
CLIENT pressnts Publish9r with a writ1en notice that the AltAroo terms a.re unaccRpla.ble.
NOTE: A contract Is nol necessary If CLIENT des/res 10 place sn ad In Jusl a
single Issue and subm/! 8n Insertion order with p8yment.
Clift
wllh a frequency of:
7x
9x
12x
CLIENT Name and Business Address:
-=;; (Ire K f()l.e;- Cy-[ M,f;L/ Net'
/30-0 'Hn<<.v<EY Sf; ~ 202-
I-E>V<.O "f /J r;, r-A- 170 ,+'S ~ /4-'20
~~ ())rrS2-
f: CLIENT SignatJro
Agency Signature (il any)
Accepted lor CRAFTS DIVISION
(at lola, Wisconsin)
Da'" -1~t~Q~--_----X
MO.\ U7::Hi Il.\/)<-\ \0 15u9J
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JA
KRAUSE PUBLICATIONS
~003
Remit payment tOI
F+W Publication.
PO BOX SOlO
%01., WI 5&945-5010
AMOONT ENCLOSBD:
~
_ $666.66 I
For adv.rti.in~ ins
CNA
STACKPOLll: MAGAZJ:NES
Attn: RJ:CH NOEL
1300 MARKET ST STZ 202
LEMOYNE PA 17043-1420
IF PAYING BY CREDIT CARD. PLEASE COMPLETE THE
FOLLOWINGJ VISA ( ) IIC() AB(} DISC (
CARD#
EXP DATil
lIAIIZ
1".111,..111.."1,.1,.11.",11,1..1..1,111...,1,1,,,1,1...111
SIGNA'1'URB:
Ipla&8w detatch and r.turn top portion with payment and retain bottom portion for your records. Do not staple or clip your cheek to chi' form,)
Dt1PLICA'1'B:
DATE: 12/01/2003 _
$666.66
STACKPOLE IlAGAZI:lVES
At.tnt aICK 1Il0ICL
13DO MARKBT aT STE 202
LEMOYMm PA 170'3~1'20
Ac~ount~: 031762
Publications CNA
Sal.. aapl PETER JACKSON
,~~.r Sh..~(.) Attached
1
Datail of charge. tor i..us publi.h~~.
1:aJ15/0,
:551017..
...
S&C'1'J:C*l1 Jltn)Qft
8IIllh 1/2 fAGE (VD'IIC'AL, , CQLO.)
J'oOR: COLOB.
nA.C. CHUGII
6611.15
Addr... billin~ que.tion. and
p+w Publica~iDn., %nc.
Account. Receivabl. Dept
700 Za8t ~tate Street
aorr..pon4eno. tal
Phone. (715) 44,
Iola, W% 54990-
NET DUE: $666.66
1% per month finance charg. on all amount. over 30
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Term.: Net 30 Oay.
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lu-ause pub~ications
700 East State Street. lola, WI 54990-0001. 71~fAI~5~f\iT
To:
STACKPOLE MAGAZINES
1300 MARKET ST. STE. 202
LEMOYNE, PA 17043
CURRENT MONTH CHARGES DETAIL
CURRENT
$.00
30 DAYS
$.00
INVOICE #
5901788
PUBLICATION
CNA DIRECTORY ISSUE
TOTAL LATE CHARGES
TOTAL BALANCE DUE
ACCOUNT NO: 31762
DATE: 10/20/2004
KRAUSE PUBLICATIONS
700 EAST STATE ST
IOLA WI 54990
60 DAYS
$.00
90 DAYS 120 DAYS+
$.00 $720.02
COVER UNPAID
DATE AMOUNT
12/15/2003 $666.66
$53.36
. - .
AFFIDAVIT
STATE OF WISCONSIN
v I,
\'f\ Dc r S\\DL \.\1 tzJ4---
. being first duly sworn
,/ COUNTY OF
deposes and says that STACKPOLE MAGAZINES
is justly indebted to KRAUSE PUBLICATIONS
in the sum of Seven hundred Twentv and 02/100 dollars
for
and further swears
,.
that there is no set off, credit by payment or return, or by law or equity against
this sum, and further states that all credits and allowances know to exist have
heretofore been granted. Amount now due and payable therefore as taken from
the books and records of original entry is $ 720.02.
KRAUSE PUBLICATIONS
(Name of Company) \ \ .
v By:J\I\(\~,B\+7~
('/; pd.J- lY\o rflN J? -
..... (Title) ~
...
Subscribed and Swor.!1 to_before me nil
this~daYOf ~EUm~I::-7C. 20b'
~~ R.h-~.
. lei A1J {J A-l fl- NOTARY PUBLI~
COUNTY
MY COMMISSION EXPIRES: 7 / g Jo 7
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FEB 28 '05 01:31PM KNUPP & KODRK PC
P.5
VERIFICATION
I,
\\~ C\r s\v\ \-\ ~ zJU---
(nmnc)
c (ec1i+ D'\avna.q~
(title)
of KRAUSE PUBLICATIONS, INC., verify that the statements made in the aforegoing document are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904, relating
to unsworn falsification to authorities.
USE PUBLICATIONS, INC.
By:
Title:
Dated:
~\ \D\S ,
31092
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KRAUSE PUBLICATIONS, INC. : In the Court of COMMON PLEAS of
Plaintiff : CUMBERLAND County, Pennsylvania
v. NO. 2005-02980
STACKPOLE, INC. Trading As STACKPOLE CIVIL DIIVISION - LAW
MAGAZINES
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter as settled and discontinued with
prejudice.
TO CUMBERLAND County
Prothonotary
Dated: Julv 8. 2005
A~)
Robert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff