Beruflich Dokumente
Kultur Dokumente
MARVIN GABLE
P.O. Box 1630 NORTHAMPTON, MA 01061
(413) 268-6500 - PHONE 8c FAX
MARVINCABLE.COM
Dear Gentlemen/Ladies:
Enclosed herewith for filing please find the following:
;;=-#&
Marvin Cable I
Page 1of1
TRIAL COUIRT OF MASSACHUSETTS
CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
DOCKET NO.
COUNTY OF n c D Lc . < ; h i r p
Te l . 4132686500 680968
BBO#
The folowing is a ful, itemized and detailed statement of the facts on which plaintif relies to determine ^
money damages. For this form, disregard double or treble damage claims; indicate single damages ohIn
TORT r T. AT M S
Documented medicalIexpenses
(Attach to
additional
date: sheets as necessary)
1. Total hospital expenses
2. Total doctor expenses $
3- T^tal chiropractic expenses $"
4. Total physical therapy expenses $"
5. Total other expenses (describe) $■
To t a l $
C O N T R A C T C T AT M S
Provide a detmled description of "^essar,)
Defendants violated 93(a)§9 by failing to disclose significant material facts: Defendants'
financial situation; by misrepresenting Defendants' ability to fulfil promises made within the
c o n t r a c t ; b y c o m m m i t i n g c o m m o n l a w f r a u d . T O TA L $
401 W WASHINGTON ST
DAVID WATKINS
SAINT JAMES MO 65559-1330
US POSTAGE
01/20/14
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P
NORTHAMPTON MA 01061-1630
PO BOX 1630
LAW OFFICES OF MARVIN CABLE
MARVIN N CABLE
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TO:
Electronic Rate Approved #038555749
76 EAST ST
BERKSHIRE SUPERIOR COURT
PITTSFIELD MA 01201-5304
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USPS TRACKING #
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Commercial Base Pricing
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Delivery Date: 01/22/14
C001
062S0000001308
0006
* Commercial Base Pricing Priority Mail rates apply. There is no fee for USPS
Tracking™ service on Priority Mail service with use of this electronic rate shipping
label. Delivery information is not available by phone for the electronic rate. Refunds
for unused postage paid labels can be requested online 30 days from the print date.
Thank you for shipping with the United States Postal Service!
Check the status of your shipment on the Track & Confirm page at usps.com
Superior Court OF Massachusetts
Berkshire County
DAVID WATKINS,
Plaintiff,
V.
Case No:
DAVID LAMB,
Defendants.
COMPLAINT
Introduction
This lawsuit gives rise under Massachusetts Consumer Protection Act, G.L. c. 93A,
involving Defendants' deceptive business practices of not disclosing facts that w^ould
have influenced Plaintiff from not entering into an agreement vi^ith Defendants, and
Parties
Page 1 of 11
3, Defendant, David Lamb ("LAMB"), is the President, Vice-President, Treasurer,
Secretary, Director, registered agent of Vantage Press, Inc., and is believed to reside at
York, transacting business at 271 Main Street, Suite 3, Great Barrington, MA, 01230.
Statement of Facts
Advertisement.))
exchangeo
frae
fe.WATKN
I Swasnie
trese
tdni VANTAGES
' servciessohedecdiedo
tj
contact them by phone. (Watkins Aff., If 3.) .
fI
Page 2 of 11
9.WATKINSreve
i wedthesematera
isl,thencae
l dVANTAGEagan
i tonegoa
titefor|
its services. (Watkins Aff., ^ 4.)
agreementni amemorandumandsentWATKN
I Sacopyvai postma.li(Ex.C|
(MemorandumandAgreementro
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11 _ This memorandum (Ex C; Ex. D.) provided the specific details of the agreement
between WATKINS and VANTAGE, and detailed WATKINS's payment of $9,450.00 in
Work in book-bound form, as well as making the book form available on 'market-
would be done within a specific period of time, specifically, the production value of
Work would be completed within a year of WATKINS's payment of his fee to VANTAGE.
12 ^ WATKINS then contemplated the terms of the memorandum. In reliance upon Ms.
Peyser's verbal and written representations on behalf of VANTAGE, WATKINS signed a
copy of the memorandum agreement. (Ex. D.) He mailed the executed agreement, along
with a check for $9,450.00, made out to "VANTAGE Press". (Watkins Aff., If 6; Ex. E.
(Check to VANTAGE.))
Page 3 of 11
13 ^ WATKINS also provided a letter along with the agreement and check. In the letter,
he expressed his belief that "in good-faith VANTAGE press will carry through [the
entering into the contract with VANTAGE, writing, "you probably can't imagine how
the company had received his money and his signed agreement. (Ex. I. (Letter from
LAMB.))
personnel's' ability to satisfy the promises made to WATKINS in its initial agreement
with him. LAMB wrote to WATKINS that VANTAGE would "do our best to live up to
your expectations." [Id.) LAMB even went on to write that if Mr. WATKINS had
the likely possibility of its inability to perform the promises made on behalf of
Internally, since at least 2010, VANTAGE had been instituting drastic measures to
Page 4 of 11
combat its financial situation. ^ [Id.]
may not have been able to fulfill its obligations to WATKINS as outlined in the
Meanwhile, during the several months that passed since he sent them his money
and signed agreement, WATKINS made preparations for his Work's imminent
According to your letter dated Dec 19,2012 Vantage Press was in financial trouble in 2010 but
continued to take the money of trusting customers such as myself making promises they are, as
you say, unable to ftilfill.
Page 5 of 11
publication date. (Watkins Aff., 1[ 11.)^
19, WATKINS grew curious of the status of services promised by VANTAGE in the
agreement. (Watkins Aff., Tf 12.) He made numerous phone calls to VANTAGE regarding
the status of the Work's publication. (W.) VANTAGE representatives did not return
any of WATKINS' phone calls to the company, (/d.) There was little to no indication
made to WATKINS that VANTAGE had actually performed any ofthe services promised to
him. [Id.)
phone, that, per the agreement, the Work would be ready for publication on time,
specifically, in April 2013. (M) Again, during her phone call with WATKINS, there
21, On December 19, 2012, a letter from Attorney Collins, addressed to WATKINS,
advised WATKINS that VANTAGE had "ceased all business operations" on account of its
financial hardships (Watkins Aff., 14; Ex. G.); this communication occurred only a few
Page 6 of 11
weeks after WATKINS' last conversation with VANTAGE, (/c/.)
23. January 14, 2013, Attorney Collins wrote back to WATKINS, stating that
he does not represent VANTAGE, he represents LAMB, yet does VANTAGE'S
24. Attached to the January 14"^ letter, though claiming he does not represent
VANTAGE, lamb's attorney provides WATKINS a settlement agreement. [Id.] Note: the
25. The settlement offer is one paragraph in length, and suggests that VANTAGE has
Page 7 of 11
rights to WATKINS poetry. ^ The settlement offer is nowhere near the actual loss
26. WATKINS has experienced a loss of $9,450.00, plus other expenses. These
expenses include, but are not limited to, legal fees incurred by this firm. [Id.]. WATKINS
Cause of Action
Count 1: Violation of G.L. c. 93A
2*7, All allegations in paragraphs above are re-alleged and incorporated herein by
reference.
28. LAMB used the corporate entity, VANTAGE, as a vehicle to make money for
personal gain, and used VANTAGE as a shield from personal liability.
Page 8 of 11
29. At all relevant times hereto the defendants were engaged in trade or commerce
within the meaning of M.G.L. c. 93A §2.
Consumers' Protection".
vantage's failure to disclose its financial situation. This failure also violated M.G.L. c.
93A, s.9.
3 3, After a contract purportedly was formed, VANTAGE/LAMB stil did not disclose its
financial situation, nor its likely inability to fulfill its side of the contract Indeed,
VANTAGE eventually disclosed its financial situation, but only after it had ceased all
business operations.
34. Not disclosing a fact which may influence party from entering into an agreement is
considered a deceptive business practice and is also a violation of M.G.L C.93A, s. 9
Page 9 of 11
and 940 C.M.R § 3.16(2). See e.g., York v. Sullivan, 369 Mass. 157 (1975); Greenfield
its ability to perform services during contract during negotiations is also violation of
35. Lastly, besides its failure to disclose and represent material facts, VANTAGE/LAMB
also committed common law fraud.
36. A formal demand letter from Marvin Cable, Attorney for the WATKINS, was sent
pursuant to Massachusetts General Laws (M.G.L.) Chapter (c.) 93A, Section (s.) 9 on May
3, 2013, and was delivered to LAMB's attorney and home address on May 18. 2013.
VANTAGE/LAMB has not responded to the demand letter. (Ex. K. (Demand Letter.))
(a) Enter judgment for plaintiff against defendants, jointly and severally;
(d) Award interest, costs, and attorney's fees to the plaintiff; and
(e) Award such other relief as this Court deems just and proper.
Page 10 of 11
Respectfully submitted by Plaintiffs
Marvin Cable
BBO#: 680968
L a w O f fi c e s O f M a r v i n C a b l e
P. O . B o x 1 6 3 0
Northampton, MA 01061
E: law@marvincable.com
P; (413] 268-6500
F: (8883 691-9850
AT T O R N E Y F O R P L A I N T I F F
Page 11 of 11
SUPERIOR COURT OF MASSACHUSETTS
BERKSHIRE COUNTY
DAVID WATKINS,
Plaintiff,
v.
Case No.: _ _ __
DAVID LAMB,
Defendants.
1. I am an author of poetry, with a home address: 401 W Washington Street, St. James,
MO 65559.
Page I of 4
5. On April 4, 2012, based on representations made during these negotiations, Vantage
Vice President of Author Relations Selina Peyser memorialized an agreement in a
memorandum. This memorandum provided the specific details of the agreement
between Vantage and myself, and detailed my payment of $9,450.00 in return for
Vantage's services. These services included Vantage's publication of Work in book-
bound form, as well as making the book form available on "market-leading e-book
platforms," in addition to Vantage's copy-editing, and registering the copyright, to
Work. Furthermore, the memorandum stated that Vantage's services would be done
within a specific period of time, specifically, the production value of Work would be
completed within a year of my payment of my fee to Vantage.
7. I also provided a letter along with the agreement and check. In the letter, he
expressed my belief that "in good-faith .... Vantage press will carry through [the
agreement]. " I also expressed my hesitation in entering into the contract with
Vantage, writing, "you probably can't imagine how nervous I am [to enter into this
contract]."
8. Vantage had been undergoing financial issues, which, had they been accurately
disclosed to me, would have prompted me to reconsider entering into contract
negotiations with Vantage
9. Even after contract negotiations were completed, assuming arguendo a contract was
formed, Vantage still did not disclose it's financial limitations to me.
10. A few weeks after I tendered Vantage monetary payment, I received a response
from David Lamb, President of Vantage, (hereafter "Lamb") expressing that Vantage
had received th e money and he counter-executed the agreement. In Lamb's letter to
myself, no mention of Vantage's history of duress was made. Moreover, Lamb
expressed his confidence in Vantage personnel's ability to satisfy the promises made
to me in its initial agreement with myself. Lamb wrote to me that Vantage would "do
our best to live up to your expectations". Lamb even went on to write that if I had
"specific concerns or questions" to contact him "personally". Once again, however,
no mention w as made of Vantage's financial woes, nor of the likely possibility of its
inability to perform the promises made on behalf of Vantage in the initial
agreement.
12. After several months passed, I grew curious of the status of services promised by
Vantage in the agreement. I made numerous phone calls to Vantage regarding the
status of Work's publication. Vantage representatives initially responded to my
Page 2 of 4
inquiries but eventually stopped returning my phone calls. Further, there was little
to no indication made that Vantage had actually performed any of the services
promised to me.
13. The last conversation I had with a Vantage representative was in November 2012,
with Sharon Pellitier. She assured me, via phone, that, per the agreement, the Work
would be ready for publication on time, specifically, in April 2013. Again, during her
phone call with me, there was no mention by Ms. Pellitier of Vantage's present dire
financial situation.
14. On December 19, 2012, a letter from Attorney Joseph 8. Collins, of Springfield, MA,
and addressed to myself, advised me that Vantage had "ceased all business
operations" on account of its financial hardships. This communication occurred only
a few weeks after my last conversation with Vantage.
15. Contrary to the prior representations made by Vantage and its agents, there was
little chance that my contract could ever, or would ever, be successfully completed
per the terms of the initial agreement with Vantage.
16.1 experienced a loss of $9,4500.00, plus other expenses. These expenses include, but
are not limited to, legal fees incurred. I also experienced a loss of financial
opportunity in regards to monetizing and publishing Work.
17. To conclude: Vantage misrepresented its ability to fulfill promises made within our
contract. The misrepresentation occurred because of Vantage's failure to disclose its
financial situation. Also, during contract negotiations, because Vantage failed to
both disclose and represent material facts. After a contract purportedly was formed,
Vantage still did not disclose its financial situation, nor its likely inability to fulfill its
side of the contract. Indeed, Vantage eventually disclosed its financial situation, but
only after it had ceased all business operations.
Page 3 of 4
I, , sign the foregoing instrument under
'I foregoing instrument was acknowledge<! by_me this J;2 '" day of
'4v 111 , 20 LL by: hv;d IJ ~Ii, n s who is ~rsont\Uy
known by me or who has produced:
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Page4 of4
Index of Exhibits
Thank you for yovr recent inquiry about Vantage Press! We are pleased to send you our new
brochure describing our full-service, fee-based publishing service. This guide uses an alphabetic
format to illustrate the intricacies of the publishing business and the advantages of the Vantage
Press approach . We hope the guide answers all of the questions you may have as you conside r
publishing your work - we welcome your feedback on the guide and on any aspect of our service.
Additional information and an electronic submissions page are available at Vantage Press.com.
When you place your book with Vantage Press, you will be joining over 20 1 000 writers who have
entrusted their work to us since 1949. Many of these authors have returned to Vantage with thei r
second and third books as well. Such satisfaction could only have been achieved by giving authors
ca reful personal attention and efficient ser1ice 1 and you may expect the same. With our full-serv ice
approach, you may be assured of professioncil assistance from our full-time staff every step of the
way, through editing, proofs, design, printing, promotion, and sales.
Vantage Press is seeking submissions In all genres: fiction, memoir, history, poetry, religious, and
children's, to name a few. We have experience in a wide range of subjects . We have published
authors from more than 50 countries around the world, and from all walks of life .
If you are seriously interested in seeing your work in print (and as an ebook), and wish to have us
examine it free of charge, simply slip your material into the enclosed manuscript envelope and mail
it to us. (Better yet, email it to us at submissions@vantagepress .com .) Within three or four week s
after receiving your material we will let you know if we would like to add your work to our list of
approximately 600 titles in print. If we do so, we will send a detailed agreement setting out
precisely the steps we will take in publishing your book.
Please note that we do charge a fee for our publishing services . The amou nt of the fee depend s
upon the costs associated with your particular work. The fee will cover all Vantage services: cop y-
editing, typesetting and layout, cover design, proofreading, printing, ebook distribution, and
publicity and promotion. Vantage Books are available to the entire book trade, including online
retailers such as Amazon and BarnesandNoble .com. And, you never have to pay for reprints :
Vantage pays to reprint your book as long as it is se lling well in the trade.
After reading the guid e or having a look at our new website, vantagepress.com, if you think the
Vantage Press publishi ng program may be appropriate for you and your work, please send us a
copy of your manuscript (in confidence and with no obligation, of course) . We will review it and be
back in touch within a month.
Sincerely yours,
Vantage Press, Inc. I 419 Park Avenue South I New York NY 10016 I Tel 212.736.1767 I Fax 212.736.2273
listablished 1949
Exhibit C
Memorandum and Agreement from Vantage
, , VANTAGE Press
April 51 2012
It was a pleasure speaking with you again yesterday and we are all looking forward to working together
toward publication of you r collection. Based on our conversation the language of Section 11 of the
agreement has been changed to clearly reflect distribution through our exclusive distributor Ingram
Publisher Services.
Please don't hesitate to contact me with any other questions you might have!
' ..
Vantage Press, Inc. I 419 Park Avenue South I New York NY 10016 I Tel 212.736.1767 I Fax 212.736.2273 I vantagepress.com f;
·~
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~» VANTAGEPress
Vantage Press Services Guide
Every Vantage author enjoys complete publishing services. We offer by far the
highest quality and most comprehensive package for one inclusive price.
• Preparation of your manuscriptfor editing, including keyboarding if necessary
• Thorough copyediting to correct grammar, spelling, and punctuation, with more intensive editing also
available - you review and approve au edits to your book. (Unlike many author services companies our
seasoned editors are based in the U.S.)
• Top-of-the-line covers and interiors designed according to your concept, including your author photo
and biography - you approve the final cover and layout
• Interior layout of footnotes, endnotes, citations f;lnd quotations
• Arrangementand editing of dedication, acknowledgements, forewords, epilogues, and other
customary 'front matter' and 'back matter' texts
• Layout of your black and white or color photographs or illustrations to accompany your text
• Assistance in obtaining permissionsfor use of material copyrighted by others
• Professional proofreading of your book-you also have the opportunity to examine proofs of your book
as it is readyto be printed, in either hatdcopy or electronic form
• High quality paperback and hardcover printing in a variety of industry-standard book sizes
• No-charge reprintings: Vantage continues to pay to print your bookto make every sale
• Flexibility in setting the cover price,within industry norms
• Twenty-five copies of your book shippedto you upon publkation, and you can buy additional copies at
half-off to sell at full price
• All book registrations, including ISBN (International Standard Book Number), Library of Congress
Catalog Control Number, listing in Books in Print, and cover bar codes
• Copyrighting in your name with only a two-year license to Vantage
• Copies ofthe production files used to print your book
• Twice-annual royalties of 50% of net sales, approximately 20% of cover price
• Exclusive warehousing, fulfillment and accounting by Ingram Publisher Services, the distribution arm of
book wholesaling giant Ingram-Vantage is the only self-publisher distributed by Ingram in this manner
• Availabilityto phline booksellers including Amazon, BarnesandNoble.com, Powells.com,
BooksAMillion.com, Indigo (Canada), lndieBound, and many other online resellers
• Next day fulfillment of most orders by Ingram to brick and mortar booksellers, most of whom order
from Ingram practically every day
• Full returnability- retailers know that they can shelve Vantage books because they are returnable to us
in accordance With industry norms
• Vantage funding of co-op advertising dollars and promotio11alallowances for bookstores to host book
signings or promote your book, and easels and posters to use to publicize events
• eBook (eJeetronic book) availability on all major platforms, including Apple iPad, Barnes & Noble Nook,
Amazon Kindle, Google Editions, SonyReader, and Kobo
• Displayunder Amazon's "Look Inside" and Barnes and Noble's "See Inside" programs
• Apersortalized publicity campaign man;,ge~ by aVMtage staff publicist, with hardcopy press releases
and revtew copies mailed to specfflcally target~d meiii:a oVtlets, libraries, lnstitutions4 and bookse lie rs
• Custom-designed full-color announcement postcards promoting your book, mailed to up to l,ooo
recipients you specify
• Sponsored listings in Publishers Weekly Select review issues - Vantage has the most books of any
pvblisher listed in this important quarterly servic;e
• Selective physical distribution in the United Kingdom, Europe, Australia, and Brazil, with additional
territorjes opening
• eBook distribution worldwide
• Marketing of translation rights and other subsidiary rights as approved by you on a market-appropriate
basis
• Protection under Vantage's media hazards (libel) insurance policy
WHEREAS Author is the creator and owner of a literary work currently known as "Poetic Matters of Life" (the "Work"), which Vantage
agrees to produce in book form on the terms and conditions specified in this Agreement in consideration of payment by Author of a Fee of
s10,500 as specified in Section 23,
2. Production Values. Vantage agrees to produce the Work in paperback book form, in such format, type and style of paper, layout,
cover and binding (the "Book") as it believes will make the volume attractive, subject to Author's approval. Dimensions of the Book
will be approximately 5lh" by Slh". Vantage also agrees to make the book available on the market-leading ebook platforms. A
jacketed hardcover edition will be prepared at Author's request for a supplement of u,750 (initial_).
3. Editorial. Vantage agrees to copyedit the Work in accordance with appropriate style standards (e.g., those of The Chicago Manual of
Style) to amend spelling, grammar or punctuation as may be required. Author will have the opportunity to review all suggested edits.
For an additional fee of u,500 Author may elect to have Vantage coordinate in-depth line editing of the Work (initial __).
4. Illustrations. At Author's option, Author may provide illustrations for black and white reproduction. Color reproduction of
illustrations requires a Sl,500 surcharge (initial ___). Inclusion of more than 50 illustrations or scanning of originals may incur a
surcharge. While Vantage exercises appropriate care, Vantage is not responsible for loss of manuscript material and Author is advised
to send electronic files or copies of textual material and photographic copies or high resolution scans of photographs and illustrations.
5. Permissions. If the Work incorporates any material copyrighted by third parties (such as song lyrics, long-form quotations,
illustrations), Author will obtain written permission to reprint them. Vantage will provide permissions forms.
6. Proofs. Author bears responsibility for examining, correcting, and approving page proofs of the Book as it is laid out to be printed,
including final review to spot typos.
7. Schedule. Vantage agrees to complete production of the Book within one year from Author's initial payment. Author acknowledges
that production of the Book may be delayed if the edited manuscript, proofs, or other pertinent material relating to the Work are not
returned within fifteen days of receipt from Vantage or if progress payments are not made in a timely fashion.
8. Cover Price. Author and Vantage will consult as to the cover price of the Book which will fall within industry norms. Pricing of any
ebook edition will vary with market conditions.
9. Registration. Vantage agrees {a) to register the copyright in the Work in the name of the Author and to pay the U.S. copyright fee;
(b) to obtain an ISBN (International Standard Book Number) to uniquely identify the Book in commerce; (c) to include appropriate
commercial bar codes on the cover; (d) to obtain a Library of Congress Catalog Number for the Book; and (e) to register the book in
Books in Print.
10. Printing. Vantage agrees during the term of the Agreement to print sufficient copies of the Book to maintain inventory adequate to
promptly fill orders. All printings will be at Vantage's expense.
11. Availability. Vantage agrees to use its exclusive distributor Ingram Publisher Services to make the Book available to book retailers
and wholesalers, and to solicit, accept and ship orders for the Book promptly. Vantage will assign an official Publication Date six to
eight weeks after first physical availability of the Book to allow for the preparation of publicity materials.
12. Author Copies. Vantage agrees to deliver to Author 25 copies of the Book upon completion after all monies due Vantage have been
paid. Author may purchase additional copies of the Book at a discount of 50% off the cover price plus shipping. Author may use or sell
Author copies in any manner and, if resold, may retain all funds derived therefrom.
13. Royalties. Vantage agrees to pay the Author royalties (the ~Royalty(ies)") on copies sold of 50% of Net Receipts. Net Receipts are
defined as actual sales less returns and less documented third-party distribution fees. The Royalty for each edition will be no lower
than 20% of edition cover price. Author agrees that no Royalties will be payable on copies used for review, publicity, and sample
purposes or for copies delivered to Author at a discount from the cover price or for free.
14. Statements. Vantage will report sales to Author for the half-year periods ending December 31'1 (reported in April) and June 3o'h
{reported in October). Remittances in full payment of all sums due to Author will accompany each report. Upon request Author may
examine Vantage's accounts relating to the Book.
15. Publicity. Vantage will undertake a publicity campaign for the Book which will include drafting and dissemination of a press release
and sending review copies of the Book to a sampling of appropriate news and review outlets including local and targeted outlets
identified by Vantage or suggested by Author. Vantage personnel will encourage and respond to press inquiries. Vantage will also
mail a flyer or postcard announcing the Book to up to 500 recipients listed by Author.
16. Termination. Either Author or Vantage may terminate this Agreement beginning two years after Publication Date; termination will
be effective thirty days after notice by either party. Upon termination, all rights in the Work shall revert to Author and Author shall
become the owner of any remaining printed copies of the Book (and ofthe final production files of the Book), and Vantage will advise
its distributor and trading partners that the Vantage edltion(s) are out of print. Upon Author payment of shipping and handling
charges, Vantage will deliver such copies and materials to Author together with a final statement of account and remittance of any
Royalties due.
17. Author's Representations. Author represents that Author is the sole owner of the Work and has full power to make this grant and
enter into this Agreement; that the Work is free of any lien, claim, charge or debt of any kind; and that the Work contains no matter
that when printed will be libelous or unlawful or which may infringe any third party interest. Author shall indemnify and hold Vantage
harmless from any costs arising from a breach of these representations.
18. No Guarantee. Author acknowledges that Vantage guarantees neither the sale of a specific number of copies of the Book nor
receipts from any source and that fees paid to Vantage may not be recouped through sales. Author acknowledges that Vantage
cannot guarantee reviews or press coverage.
19. Completeness; Assignment. This Agreement constitutes the complete understanding of Author and Vantage with respect to the
Work and the Book and no alteration or waiver of any provision of this Agreement shall be valid unless it is in writing signed by both
parties. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of Author
and of the successors and assigns of Vantage.
20. Performance. Vantage shall not be in default under this Agreement (a) if Author has not performed in accordance with this
Agreement; (b) if any delay on Vantage's part is attributable to circumstances beyond its control (such as war, strikes, delays in
shipping, or acts of God); or (c) if Author has not given Vantage written notice of default by certified mail and allowed Vantage a
reasonable time to remedy the situation. Vantage's exclusive remedy for default of performance by Author is cessation of
publication. Monies paid by Author to Vantage are non-refundable.
21. Jurisdiction; Arbitration. Any dispute between Author and Vantage (including Vantage's officers, employees, and directors) shall be
governed by the substantive and procedural law of the State of New York (including New York arbitration law) under the exclusive
jurisdiction of the state and federal courts sitting in Manhattan. All disputes under this Agreement shall be resolved by binding
arbitration administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the
American Arbitration Association then in effect, and judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. The arbitrator shall not award punitive damages and shall not make any ruling, finding or award that
does not conform to the terms and conditions of this Agreement.
22. Communications. Author and Vantage will communicate with each other using their respective addresses shown in this Agreement.
All communications sent to the address indicated shall be deemed good and sufficient. Either party may notify the other in writing by
certified mail of a change of address. This Agreement itself may be executed via fax or via acceptance on line.
23. Payment. Author agrees to pay Vantage uo,500 (the •Fee"), one-third (s3,500) upon signing of this Agreement, one-third (s3,500)
upon receipt of first proofs of the Book, and one-third (S3,500) upon first printing of the Book. The Fee will be discounted by 10% to
s9,450 if Author pays in full upon signing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated next to Author's signature.
AUTHOR
c.J
Signed: _ _i)=--w.....________ on_!t__t l / 2012.
If paying by wire transfer: For the account of Vantage Press, Inc., account# 026014440 at JP Morgan Chase Bank ABA # 02100002 1
Please return one signed copy of the contract to me and keep the otherfor your records.
Dear Selina,
I am sending three of the poems that I have already sent but with, let's say, sketches on them.
If this is ta~ky please advise. I am also sending an "idea" for the cover and three additional
poems I would like to have included but will save the others for, maybe, another book.
If you or whoever I will be working with needs anything from me, just call. I also get text
messages but I am not good at texting and will sometimes have to respond by calling.
Most Sincerely,
David Watkins
573-265-7856
573-263-0073
Exhibit G
Letter from LAMB's Attorney
Hendel & Collins
A PROFESSIONAL CORPORATION
Attorneys at Law
1O1 State Street
Joseph B. Collins Springfield, Massachusetts 01103-2006
Telephone ( 413) 734-6411
Telecopier ( 413) 734-8069
Writer's l''mail: jcollins@hendelcullins.com
At this time, Vantage Press, Inc. advises that it has few assets
that will have value upon liquidation. Its office equipment,
consisting of desks, chairs, computers, and other electronic
equipment, is represented to be of negligible value. The
Corporation represents that it has no accounts receivable that
are likely to be collectible. Inventory, which consists of
books printed over the course of many years, is substantially in
the possession of a third-party distributor. It is not
anticipated that this inventory has any value at liquidation.
Therefore, the liquidation of the business assets is not likely
to result in funds to pay creditor claims.
Having received solicitations from Vantage Press, Inc in February 2012 I purchased from
Vantage Press specific services at the price set forth by Vantage Press. I did not make a loan to
Vantage Press, I purchased services which according to you Vantage Press is now, and knew at
the time they were, unable to provide. By promising to produce my book then having your
attorney write the enclosed letter is fraud. In fact in November, 2012 Vantage Press assured me
that my contract was being fulfilled and would be completed in April, 2013 as promised and that
l had nothing to worry about. I relied on this un-true statement. I notified local book stores and a
magazine editor.
Vantage Press has taken my work, breeched the contract and shared my work with others while
holding me to a contract that restricted me for seven months from doing business with a
legitimate company.
According to your letter dated Dec 19, 2012 Vantage Press was in financial trouble in 2010 but
continued to take the money of trusting customers such as myself making promises they are, as
you say, unable to fulfill.
If, as you say, Vantage Press has ceased all business operations, based on their contract I expect a
refund and they must return anything whereon my work exist. If they don't have the money they
coerced from me they can go borrow it, which is exactly what I had to do. It might save them
from having to pay additional attorney fees.
I need to know if your law offices are actually representing Vantage Press and the individuals
participating in this charade or if you are simple a consultant. Please advise. I would hope some
resolution can be reached without litigation but I am contacting my attorneys none the less.
Respectfully,
David W Watkins
Exhibit I
Letter from LAMB
'~VANTAGE Press
David Watkins
401 W. Washington St
Saint James, MO 65559
We have received your signed contract and initial payment for your new book, "Poetic Matters of Life ."
Thank you! In the com ing days and weeks you will be hearing from my colleagues in editorial,
production, and publicity, beginning with your editor, Sharon Pelletier. I believe you will be quite happy
working with her. In the meantime, I would like personally to welcome you as a Vantage Press author.
We are delighted that you have chosen to publish with us.
We all appreciate the trust you have placed in us, and will do ou r best to live up to your expectation s. If
there is ever a point at which you feel we are falling short, or if you have specific concerns or questions,
please contact me persona lly. We look forward to working together to bring your work to fruiti on.
Thank you again for choos ing Vantage Press.
0::·
- 8a'Vid Lamb
President
PS I am enclosing our new publishing handbook- let us know if any questions remain.
dlamb@vantagepress.com
(212) 736-1767x101
Vantage Press, Inc. I 419 Park Avenue South I New York NY 10016 I Tel 212.736.1767 I Fax 212.736.2273 I vantagepress.c~ ~ I
/~.~ta&lislwtl 1949
c; VANTAGE Press
PUBLICATION PROCEDURE
Not all elements are necessary for all books - this is meant to be an inclusive list.
Stages requiring the most active author participation are highlighted in red.
PREPARATION • Receipt offinal manuscript: Microsoft Word files preferred but hardcopy welcomed
• Introduction with editor and confirmation of timeline and author vision for book and process
• Assessment ofauthor's design preferences and any production complexities
• Requests for author biography, dedication, and acknowledgements
• Assessment of illustrations and photos -this may require additional collection and scanning
• Keyboarding ofhardcopy(i'lanuscriptlf required (adds several weeks to production)
EDITING • Correction ofspelling, punctuation, and grammar
• Close editing affecting sentence structure, if mandated by author and necessary
• Control for consistency of reference throughout the book (character names, for instance)
• For non-fiction, formatting of references to conform to The Chicago Manual of Style
• Coding for chapter heads, subheads, tables, quotations, verse, and illustrations
AUTHOR REVIEW • Author reviews copyedlted manuscript against original, accepts or rejects edits, and
responds to queries raised by the editors
• Author prompted forplacementofillustratlons and creation ofcaptions
• Final changes and additions to text are completed by author at this stage
FINAL TEXT • Collation and entry ofcopyedits and author amendments into digital text
• Preparation of text:for design (consistency and formatting review)
DESIGN· INTERIORS • Sample pages showing text andpage style and design cues are.generated for author
approval beforetheentlrebool<is laid.out
• Typesetting and layout of interior ofbooklnduding placement of illustrations, creation of
table of contents, copyright page, and title pages and other front and rear matter
• Author reviews first pass pages- the fully designed interiors of the book (also commonly
called the 'first proof or 'galleys')
• This is author's last chance to make text corrections
PROOFREADING • Professional proofreading of first pass pages for typos and formatting issues
Mail
Our mailing address is 419 Park Avenue South, Suite 8071 New York NY 10016. Letters and parcels may be
addressed to an individual per the above list, but we will also get your mail to the correct person even without an
individual addressee. (If you need to fill out a label with a phone number, please use 212-736-1767 x 105.) We
recommend that you send publication materials, such as proofs, using the Delivery Confirmation service of the
U.S. Postal Service. Please note that we do experience variability in receipt times, particularly with larger
envelopes and parcels. FedEx and UPS deliver to us every day and offer tracking.
Receipts
We are happy to provide receipts of your payments, although as a practice we do not do this automatically. Just
let us know if you would like them, and we'll start sending an email or postcard acknowledgement after each
payment.
Handbook Contents
Working with
Names. Numbers. Addresses. Everything you need to know about how best to contact us.
E.diitoirl~!
Question riai re
Help usuoderstat•d your goals and. expectations for your book; Ple~se retutn in 2-3 weeks' time.
FAQs
We've done our best to anticipate your first round ofquestions - here's the answers on everything from
production to publicity.
, , VANTAGE Press
Over the past couple weeks we have been working on creating an Author Handbook for all of our
Vantage Press authors. The goal of the handbook is to simplify the publishing process for you and
answer any questions you might have, from-who do I contact when I have a question about my
payments?-to-when will I receive my manuscript back from the copyeditor? The kit also includes
such useful elements as guides to reading edited manuscripts and sample postcards from recent
Vantage press books.
What you have in you r ha nds now is our first attempt, or "draft/' of what we hope wi ll become an even
more comprehensive an d thorough handbook in the future . As you enter the publishing process, please
let us know if and how this kit has been useful to you and more importantly, when it fell short. As a
Vantage Press author, your input is invaluable, as you will know better than anyone what you need fro m
us.
We look forward to heari ng any.and all of you r comments, questions, suggestions and advice.
Yours truly,
Vantage Press
:~ :;:.. ~·? R ,
Vantage Press, Inc. I 419 Park Avenue South I New York NY 10016 I Tel 212.736.1767 I Fax 212.736.2273 I vantagepress.com r. f,~
'1*.'\'t~ "'t ~:;"
Esta.blislwd 1949
HandbOok Eittras
Mailing ~nvelopes
Thr'ea pre~(J,elre$Sed, pre-paid malltn•renvell;li;ts- one fQt your editorial questionnaire, one for your publicity and
marketing questionnaire, and one to use aty®t eonveniencet
Permissions
How to gain permission to use material from another publication, broadcast, website, song, or performance.
Permissions form
Adr-afted !etterwe'w prepared,~thatyou may use as a:guide:for how to request permiSSions.
Sal'r\ple Pom:al'.ds
Two publicity postbrds from previbusly published V~l'ltage Press boots.
Mailing Labels
Three hundred Awry mailing labels with 11'\struction sheet-- start making your mailing list nowt
lf"your work inclt1dts material from ai'fi,)thet publlcotlon, "1'oadcost, website, song, or performance, we want to help
you. to seekqgproprlate permissl(m tQ. rqrorfUCfJt Perml$Slon gaeJ:bewmd cltation orattrlb#tlon, both of which
sht}ukt:Jie ain~/itly given as welt, TJt:eneed for permfsslons even RterJ.ds to'YOlll'OWn prelliOusly pubRshed works
J.illtenJed t'c>tlpQb/Jsher other thatJ Vo~toge Pte.SS. · · ···. ·
The following guidelines are not meant to be exhaustive - please contact us with questions.
PholoJl"l>h$'a lll~ons. lllusm>t~nsm0,~.b.11ve ~P· ~t~f>ns, ev~n Jtthey are collected from the
internet Wfthout ~.stated fee. Per'$onal photQg~phs~llV do not Ffil~l.re perml.sSions. Illustrations published
by th.! U.S. government are considered In the pubttc domait'I. and can be used freely.
Q.uotati1:>ris. The .,Fair Use" doctrine allows relevarit Qse Of published text1 up to approxlmate(y:
• 500 won:lsfrom any non-fiction, .book-length t$Ct
• 100w.ords from a magazif'!t or joumitl.
• zo:wordS'from a creative te)c.t(poem, novel, ()r play)
Permission must be sought for use that exceeds these parameters. Permission must be sought for any use of song
lyrics, even a single line.
Newspapers. femllSslon must be s<>ught for any n~per citation or reproduction of a dipping.
l.ettert• Quotations from unpublished letters must be authorized by the i:>erson(s) who wrote the letters, or her/his
heir:J.
Obtaining Permissions
Orpnlzlng eopvtlghts, If you know:tbecopytjgtrt tn:im~er, date of coP\fright, and in .whose name the copyright is
reglstered,ptease Itemize thesed~t:correlated to a rnin'Ul,scrlpt pageJ'lUmbet Q17phrase. Our copyedltor wlll also
flag1~ti~.s whete.permissions may t>e required. .
Requesting Permtssfot'I. To obtain permJsslptfS~ Wdte to ~ publisher Of the.we>tk you Wish. to quote and provide
the following information:
• The title of your book
• The categoiy of your book(fktton, non~flctfon, poetry, memoir, etc~}
• Appl"Oldmate date of publication (generalty you can use: fit month$ from the date of your Vantage contract)
• The title and author of the book from which vou wlsh·lo quote.
• Thepapnwnber(s) on whichthequoted material appears
• Total nulrU>er of words (lines If t)'*"VOI" music lyrlcsJ fn'iheoquated matter
• Thi! eiract c<>pyof the passage you Wish to 4UOfe;
A useoble permissions form is included along with the other Inserts in this cate kit.
Date, 2012
Name
Address
Phone Number
Email
Dear Editor:
I have written a book entitled TITLE, which will be published by Vantage Press, Inc. in MONTH, 2012.
in my book in all formats, including nonexclusive world rights in all languages. The rights you grant me
will in no way restrict republication of this material in any other form by you or others authorized by
you.
If you do not control the copyright on all of the above mentioned material, I would appreciate any
contact information you can give me regarding the proper rights holder(s).
I would greatly appreciate your consent to this request. For your convenience I have provided the
release text below, a copy of this letter for your files, and a stamped self-addressed envelope.
Sincerely yours,
Author name
Date: 2012
Credit line should read (optional):
NO POSTAGE
111111 NECESSARY
IF MAILED
INTHE
UNITED STATES
~; VANTAGEPress
419 Park Ave. South
NewYork, NY 10157-0089
1••• 1111 •••••• 11.1.1.1 ••• 111 ••• 11 ••• 1•• 1.1.1 •• 1.1 •• 1
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BASIC INFORMATION
Email Wol'I!
I prefer that Vantage communicate with me by _ _ email --€J ~
TELL US ABOUT YOUR BOOK
I feel the greatest strengths of my book are: So1"1e wh~~~ ,'n 1 f.. 1l a. l"lof',.- 1 ..;-/,.,,I- L••. (,. t,. < ,.
ca..t\ he .5'1ai.eel "''"" ~ <-t.ll-· eA.''/r:
1
-'ff ,. •·
I feel my book may need work in the followina~~(s):uS 'f 1 1: ba <e.i c ' ( .. uh,
Aea...d11·1:' ,,/· {c. (iie '·'5<''~;<r;.1~e -t f>"f:,·:c.~l (le,:11!~ ,,,., 01..11- 5oc 1 e·A1
'v'/hen did you first start work on your book? /u ,.~ '·i ';, ~
What attributes are most important to you as you seek a publisher? Check all that apply or rank in order
of importance.
Other:--------------------------~
Please tell us a little about yourself- highlights which might ultimately interest a reader of your book.
f<ll..! '><7' ..• ( poo 1..
~e f 1~;·tc..':s bc.J (i.''ll-Y
l)lv'Ot'-~,,;. (())IC~
~)"e<H) riv~ t:' ( ··.·{..;:,'-'/\':;
What is your occupation? Previous positions?
f<otla lhca. l·oc~I- 1.-ti s~··-.:·{·/ a.nJ r'1e f>b~-111e <-C .. t~ •.1·.t".fe f)
I
What hobbies do you pursue in addition to writing? .
f.o..tl11/1 ~f1 t.11fte\.' ChVl-c.h / ;~a.Jet.1.J..( a.~~oc 1a./io11 1 fg41nc1 "ii Gv/lS
g rs O·"' Cif'/ Cc~l"c.i/, pf4;1 qv1fa.r
What authors do you particularly enjoy or admi're?
!'~ e • .. : ' ,• ! ;:.. f. C . I-· I
{Watkins}- {Poetic Matters of life}
j~ % l\ fL i\
J\11th 1w Phntt><n•"
If you would like your photograph included on the back cover please provide a physical print (black and white or
color) or digital file (high·res 300 dpl preferred). The classic aothor photo is a head-and-shoulders posed portrait.
l'i
Please provide a short (approximately 100 word) biography. This will appear on the back cover. It should touch on
the highlights of your life (such as education, career, family, and current pursuits) motivation for writing, and any
previous publications. We may edit this, subject of course to your approval. Please only include information you
are comfortable having featured on the cover. Your biography is an essential component of your book.
[Watkins} - {Poetic Matters of Life}
PERMISSIONS GUIDELINES
If your work includes material from another pvblication, broadcast, website, song, or performance, we want to
help you to seek appropriate permission to reproduce it. Permission goes beyond citation or attribution, both of
which should be consistently given. The need for permissions even extends to your own previously published
works if licensed to a publisher other than Vantage.
The following guidelines are not meant to be exhaustive- please contact your editor with questions.
Requ
Photographs & Illustrations. Illustrations must have specific permissions, even if they are collected from the
internet without a stated fee. (Many quality images are available under a generous "Creative Commons" license.)
Personal photographs generally do not require permissions. Illustrations published by the U.S. government are
considered in the public domain and can be used freely.
Quotations. The "Fair Use" doctrine allows relevant use of published text, up to approximately:
500 words from any non-fiction, book-length text
100 words from a magazine or journal
20 words from a creative text (poem, novel, or play)
Permission must be sought for use that exceeds these parameters. Permission must be sought for any use of song
lyrics, even a single line.
Newspapers. Permission must be sought for any newspaper citation or reproduction of a dipping.
Letters. Quotations from unpublished letters must be authorized by the person(s) who wrote the letters, or
herfhis heirs.
;.;15
Organizing Copyrights. If you know the copyright number, date ofcopyr19ht, and in whose name the copyright is
registered, please. itemize these data, correlated to a manuscript page number or phrase. Our copyeditor will also
flag instances where permissions may be required.
Requesting Permission. To obtain permissions, write to the publisher of the work you wish to quote and provide
the following information:
The title of your book
The category of your book (fictio111 non-fiction, poetry, memoir, etc.)
Approximate date of publication (for permissions purposes only, use six months the date of
request)
The title and author of the book from which you wish to quote
The page number(s) on which the quoted material appears
Total number of words (lines if poetry or musk lyrics) in the quoted matter
The exact copy of the passage you wish to quote.
PUBLICITY INFORMATION
Vantage's 2-Phase Publicity™ campaign for your book will begin approximately three months prior to publication
of your book. A publicist from our team will contact you as the process commences.
The goal of the publicity campaign is to garner maximum exposure and sales for your book. It is important to
create interest in your book in the media and online - as well as in your local community - to drive awareness of
your book. Vantage has created its distinctive 2-Phase Pllo~licity™ program to maximize awareness both in the
months leading up to publication and sales in the months Immediately after publication -and beyond.
Your responses to the following questions will help us not only to promote your book through our traditional and
existing contacts, but also to develop and create new relationships and contacts With publications, websites and
other marketing channels. We will work with you to find the readers and publications that will be most interested
in, and specifically targeted to, the genre and topic of your book.
{Watkins} - {Poetic Matters of Life}
QUESTIONNAIRE
Although we are in the early stages of pobliC:atlon, we are sharing with you now some of the questions we will
have later on when we are getting ready to promote your book. While it is not necessary for you to respond to
these questions immediately (though do so if you like!) we will eventually be discussing all of the following points.
This questionnaire is designed to he1p y9u and the Vantage Press Publicity department work together to more
effectively sell, publicize, and promote your book. The Information you provide will help us to target promotional
and press opportunities, create materials; and make appropriate media pitches. More importantly, this
information will help us achieve our mutual goal- to sell your book!
If you already have a personal web site, author or book website, blog, Facebook page or Twitter account please
share the addresses with us.
In:
Thefollowing questions are designed to help us learn more about you as person, so please include any other relevant,
quirky, orjust plainfun information you think we should know about you.
Do you have any special or unique areas of expertise? ts there any anecdotal or biographical information about
you or your family background that readers may find interesting? (Think famous ancestors, participation in
newsworthy events, etc. - of course if your book is autobiographical we may have already read about these
highlights!) Please feel free to include the odd or unusual as well. Knowing you helps us publish and publicize your
book better.
{Watkins} - {Poetic Matters of Life}
ti ; ;
'Book blurbs' are comments about your book by critics, reviewers, or authorities relating to your field or area of
expertise. the best blurbs may be used both on the book itself as well as in press releases and marketing
materials. If you would like us to use the bfurb submitted on the editorial questionnaire and no additional
information Is to be submitted, please indicate here=
Please quote with attribution any blurbs your current book or earlier publications have garnered. Please also
suggest any critics, authorities, experts, or recognizable names within your discipline or in your acquaintance to
which pro0fs or advance copies of your book should be sent wlth a request for a comment.
{Watkins! - {Poetic Matters of Life]
PUBLICITY TOOLS
Press Relea~es and Review (:,'opl~s
ThtfVa!ltage Pf8$ Publicity D~e~ Hndsptess rele¥es and revlev(cqpies of your book to print, broadcast,
and onltne medfa: outlets for review· and/or feature coverag~ We may .also· submit books for various annual
awards, in the book industry geher,atty and within your citstipffne spklficaliy. You can help us do this more
effectively; by providing information about publications and awards within your area of expertise that we may not
~awareof.
Medja Qutleis
Are there particular newspapers, ma!)atltteS, n~etters, online med.ia outlets, biogs, websites, scholarly
joumals; professional and trade·pl.lblliations, college :or.afUmnl magazines, or other professional groups or
orgai"liZi.tiPriS :QfWhich you are.~ ~rnber, thJtw. Sho:UI~ adcl .to por.~stillg book re\riew list for your book?
Please afso Indicate any of the aboff!wlthwhich you ·have been personally associated; and lfyou have contacts
with editors o·r reviewers, please al$0 provide their names and contact information.
Book signings are an important way for authors to make direct contact with an audience and a proven venue for
selling books. While they are not to all authors' taste, we would like to work with you to support as many book
signings as we can mutually arrange. Your responses in this section will help us understand your preferences and
network.
Wouldyou like to hold a book signing? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
If yes, where would you prefer it to be held? Venues may include bookstores, libraries, community centers,
schools, and private houses (including your own, or a friend's). Please list your intended sites: providing the
complete name, number, address, and contactperson for each venue will help us efficiently work to arrange
signings with you. It is of course a personal appearance and your own initiative in contacting sites in person (with a
copy of the ~0ok or proof in hand!) can make all the difference in getting the booking and in getting the
arrangements·right.
Signature - - - - - - - - - - - - - - - - - - - -
Date:--------------------------
FAQs - Editorial
hat's the best way to contact rny editor?
Email is the fastest and easiest way for your editor to communicate with you, from answering your
questions, to asking for needed information and submitting things to you for review.
lfyoJ=are not comfortable using email, feel free to ~et in touch with your editor via phone and voicemail
-don't worry, although we are always busy, your calls will be returned as soon as possible!
If you prefer to use regular mail for materials and correspondence, be aware thatthe time involved may
lead to delays in the production process, though we will do our very best to make progress in a timely
fashion.
What's the first thing I'H receive and when should I expect it?
After a conversation with you to determine your manuscript's unique needs, your editor will assign your
book to a professional copyeditor. The amount of time involved in this step varies from one to three
months, depending on the length of your book and its particular needs. Your editor will submit this edit
to you when it is ready; please review it carefully and respond to all comments and queries the
copyeditor and editor have entered.
What's the difference betwe.en a copyedit and a proofread?
The copyeditis the first step in preparing your manuscript for publication. A professional copyeditor will
read your manuscript carefully and correct spelling, grammar, and punctuation for consistency
according to The Chicago Manual ofStyle. The editor wilf also insert notes to the designer on formatting,
organization, and placement of any illustrations or images. You will also find editor's queries. These
highlight any seotence or par~graph that you ne.ed to revise to make your meaning dear to readers, as
well asJacts, quotes or references sources that need citation or fact-checking. It is very important that
you respond or submit rewrites for every query included with the copyedit you receive.
Proofreading is a vital step close to the end of the production process. A professional proofreader will
read a final version of the designed book to catch any last typos or formatting issues.
I've added to or revised my manuscript since I originally submitted to Vantage.
What should I do?
When your editor first contacts you, she or he will verify with you whether the manuscript you originally
submitted to Vantage is final and correct, so please let them know if you are continuing to write, if you
have additional content to add, or if you would like to submit a revised manuscript.
When is myJast opportun.ityto make substantive.changes to my manuscript?
The besttime to make substantiv~ changes (such as additions or deletions} is when you review your
copyedit. You may also make final small corrections (such as minor text revisions) when you review the
'first pass' pages Of your book's designed interiors. 'First pass' pages are also called 'first proofs.'
I have pictures g1:jUU~~r<;ttlQn~ tp include in my book.
In,whatfotma't should 1submit them?
It is id@I if you can provide bigh·Y~sottJtlqo digjtljl files- ~s ofyour images at ;3PO+ dots per inch, or
"dpi"--via email or by mailing them to us on a disk·on)n:a USB cirive. If you do not have the equipment
or ability to ,o~in such scans, lotal.copy and ph~aphic shops such as FedEx Kinkos offer these
services. You also have the option of .sending your originals to Vantage, though it is important to note
that while we Will do our be~to preserve and return ¥Qvr pbQtos or art, we cannot guarantee it.
What information should I indude in my bio?
Include anything a reader might want to know aboutyou,:fromy<>ureducation and career background,
to yourtravel and hobbies. Al~ iriclu~ ahy ~riences,pert{nent to your b<>ok, as well as any previous
publicat!Onsor awards. Take a look atyour favorite books for examples ofstrong author bios.
How do you determine the cover price of my book?
We want your' book to be com~ttlVe with <:ornparable books in the market, so we wilJ suggest a price
taking intq a~Qu.ntthe catege>N;,f~~~ aoct ~gth ()f yovr book. We are happyw listen to your point
ofvleW()n cove~'price as well. · · · ·
Can I design my own cover?
Your editor wfU dis~uss your tdf~S foryour coverwlttt ¥QU, a'nd a profeSSional cover designer will create
a sophisticated cover for yourbook. We will do our bestto capture yourvision within design limitations
and lndustry·~ndards.
What if I don't like my book's cover?
We are happy to create a few altemate,deslgnsfor ¥QU to review, You can t~st our expertise! Take the
time to share ttte cover design witfrramlly,and frtendS tbf'their reactions. Once-you've chosen a cover,
yqu'tl receive a full 'mechanicafqayoutofthe tQvertoreview all details carefully tbr any final changes.
What is a hard proof?
What we call a ,hard proof' is the first sample copy of your book. Because we are making the best use of
new dtgital printing technolggies, the hard proof looks very much the same as the final printed book,
but it affords us both a last opportunity for careful review and to make any necessary changes. Note
tbatthetUfti&Ntitid time with 91Jt;t'omp~ts and pdnt~r$ tbt'e&C:h Version .of a hard proof- if changes
arenecessafy4.is apprDximateJy,~me.month. ·· ·
lQ!n excited,topublici~e myb.nQ>katld set up S'igning events.
Who do l talk to, and when?
You will be<intr()duced to a publicist towards tbe end of the production process. This publicist will
eventually .become your primary contact once yoor b<>ok ls completed. Let your editor know if you are
eagertospeakt()someone earli,erin'the editorial proce:ss, and we will set up a conversation for you!
When wUl my book be available on Amazon.com and Barnesandnoble.com?
Once you approve the initial sample copy of your book, we will release it for distribution, and it will be
available to onHne retailers and other distribution partners within one to three weeks. Please note that
different online retailers take up the information ourdistributor, Ingram, disseminates at different rates,
and that itis not uncommon for changes to take one to two weeksto populate out to all accounts.
How do I iny into Barnes & Noble or my local bookstore'!
Your book WIU be available for shoppers onlirie as well as for order in stores once you give final
approval; however, no bookstore willautomatically carry your book on its shelves without contact from
you, the author. When your book is nearing the final stages of production, your publicist will be in
touch to discuss the details of your publicity campaign, but feel freeto begin reaching out to your local
retailers at any point. Patronize your local booksellers, get to know the staff and managers, and let
them know yt>u have a great bqokcoming ovt.ffhe same is true of even a national chain like Barnes &
Noble - the local store manager has the latitude to schedule events.) Your excitement will be
contagious, and is the most effective way to get your book onto the shelves in addition to its wide
distribution online.
Docs antage provide support for bookstore events?
Yes, in addition to easels and posters, we will pay bookstores up to s200 in 'co-op' dollars in support of
any bookstore event or ca rton•quantity stocking.
II my book be available internationally?
All our books are listed on Amazon's worldwide sites. Additionally, if we print your book digitally, it is
available via Ingram's printing facilities in the UK, Australia, Germany, and Brazil. (This is one of the
reasons. we like to have every book available in this format.}
HoW<Can l find outaboutsales of mybook?
We can track sales in two ways. Using tools from out distributor, Ingram, we can measure how many
copies have been shipped to buyers and to resellers such as bookstores. Using Nielsen Bookscan, we
can see how many copies of a book have been scanned and sold at stores. (Bookscan reports only about
8o%of bookstore sales because not all retail outlets are signed up for its service.)
When do I receive my copyright registration?
It can take up to a year after publication to receive the actual certificate of copyright, but your rights are
fully protected even before publication by U.S. copyright: law.
Who shou Id I contact to purchase extra copies of my book?
Please contact Jennifer Davids at (212) 736-1767 x105 or at jdavids@vantagepress.com. Author copies
are priced at 50% of the cover price, and JenniferWill be able to estimate shipping and handling charges
for you.
J
·-~diting a manusq:ipt in 1lttmlcrosoft Word <illows aD edit()( to 11$ei~ Cbat:t~ a tool that keequraetc :of
ev.-ry change made to the original dil!UI copy ofyoµr b,oolc, ~'~~iotl }$, lnsertdJn the lltte,9ftypenot !!I (!Je
margins as in proof-readin1. Track cha111ed-edlts can Initially $eein diffltult to dlstl~bh from the orisJnal texUs
both appear In~ thus you must follow this simple rule of thumb.:tJb.t..~riBl118~ dta111ed text presents
Specific M,Marks
unlike physical manuscripts that have been edited by hand; d1'itally .track ch•n&eifrtial'luscripts use telat!Vetvfew
specific marks, thou1h there are still a couple thin$S to watch out for~ Avetdeallltte:mihe lllft.marjlnJndi~'
t ti at a chan1e has been made in the correspondin1 line ohej;t to thct n1ht. If}$ also. posstbht ~t yau ~
see what is called a ;'.balloon:. in the rtsht mar1in..,~-means th!! line of text
,a.cceptin1 or Rejectin1
Your job as the writer Is to compare your original textto the edited text. Pitrhapsthe editor has repbra$1d a
sentence and you preier 1he 11rieim1I think •trey, mv mnteoet was Of@ttv dam ll90d to bgln w!J,hi-.1n this
scenario, hiBhlight the track cha111ed telct, drag<yout mouse to the'sectl0nofthet0ol bat labeled:,ttli~
res to red. Other editorial changes,X!l.Y.;Will wantto aecep~r such a~ cor~d:spelJlhl llOli.tta~J!\ir.\f/hen vw see
r ha nges such as this, select the button, "Accept Change." The red wlll disapl)or and the edit Will stllild.
Exhibit J
Letter from LAMB's Attorney
•
Hendel 8e Collins
A PROFESSIONAL CORPORATION
Attorneys at Law
101 State Street
Joseph B. Collins Springfield, Ma.ss&ohusetts 01103-2006
Telephone C413) 734-6411
Teleoopier (413) 734-8069
Writer's e-mail: jcollins@hendelcollins.com
Dear Sir/Madam:
Sincerely yours,
ri!i~
Enclosures
~~VANTAGE Press
Vantage Press, Inc.
271 Main Street, Suite 3
Great Barrington MA 01230
Its President
AUTHOR
Update on the Status of Vantage Press, Inc. ("Vantage")
How can I correspond with Vantage Press, Inc. ("Vantage") has ceased all business operations. It has no
Vantage Press? business office and all employees have been terminated. The President of Vantage
has requested that all correspondence be directed to his personal counsel, the law
firm of Hendel & Collins, P.C., located at 101 State Street, Springfield MA 01103.
Hendel & Collins, P.C. represents the President of Vantage personally and not the
corporation.
Where are my books? Vantage inventory has been held since July 2010 by Ingram Publisher Services
Can I get copies of my books? ("Ingram") at its warehouses, principally in Chambersburg, PA. Ingram is a creditor
of Vantage and has terminated its distribution agreement with Vantage effective
December 24, 2012. It is not currently providing a mechanism for Vantage authors
to claim or purchase their books. Vantage hopes to be able to provide a specific
protocol for authors to contact Ingram in the future, however, no such procedure
exists at this time.
Please note that if your book was published after the first half of 2010, it may have
been printed digitally on-demand by Ingram's digital printing affiliate, Lightning
Source. In these cases there may be only modest inventory on hand. Authors may
attempt to contact Lightning Source directly to print additional copies. Additional
costs from Lightning Source may apply.
.,Who has the rights to my book? Vantage continues to hold the rights to the books it published, subject to its various
publishing agreements. If you would like to reclaim these rights, please complete
and return two original executed copies of the Assignment and Release Agreement
no later than January 31, 2013. Upon receipt, an authorized representative of
Vantage will execute both copies and return one to you. Please consult your own !
legal counsel if you have any questions on the Assignment and Release Agreement.
Is my book currently being sold? Vantage believes that Ingram Publisher Services stopped fulfilling orders for
Vantage titles on December 24, 2012 and is now only accepting returns of Vantage
titles from booksellers, until March 24, 2012.
Can I find out how many copies Please include a request for sales information along with the Assignment and
of my book have been sold? Release Agreement.
My book has not been published, Vantage stored print manuscript materials in its possession when it closed. Its
but was in process when general practice had been to scan copies of most printed material it received.
Vantage closed. Can I get my Authors seeking a return of source and production materials in print or electronic
materials back and any form may forward such requests to the contact above by January 31, 2013 along
production files? with two completed and executed copies of the Assignment and Release
Agreement. Pre-paid postage may be required.
The useabllity of digital files for publishing depends on the format available.
Portable Document Format (.pdf) files are typically used to output files for review, I
I
while lnDesign (.indd) files are the live production files to which changes and
corrections can be made. Vantage may not have all file versions of a book in its
possession.
Exhibit K
Demand Letter
LAW OFFICES OF
MARVIN GABLE
P.O. BOX 1630 NORTHAMPTON, MA 01061
(413) 268-6500 •PHONE 81 FAX
MARYi NCABLE.COM
May3,2013
David Lamb
271 Main Street, Suite 3
Great Barrington, MA 01230
After a contract purportedly was formed, Vantage still did not disclose its
financial situation, nor its likely inability to fulfill its side of the contract Indeed,
Vantage eventually disclosed its financial situation, but only after it had ceased all
business operations.
Lastly, besides its failure to disclose and represent material facts, Vantage also
committed common law fraud.
This firm has investigated the facts as provided, by Watkins and through
Watkins's many documents, letters of correspondence, and other such materials
provided to this finn.
Beginning from February 2012, contract negotiations occurred between
Watkins and Vantage. During such time, no single mention, nor accurate
representation, was made by Vantage about its dire financial situation and its likely
inability to perform services as promised to Watkins.
The negotiations began after Watkins responded to one of Vantage's
advertisements, as seen by Watkins in a magazine. Vantage marketed the services of
"vanity publishing" in its advertisements. The advertisement targeted authors
wishing to have their literary works published in exchange for a fee. Watkins was so
interested in Vantage's services that he decided to contact them by phone.
Watkins negotiated with a representative of Vantage via a phone conversation.
After the phone negotiations, Watkins received marketing materials from Vantage
via post mail. Watkins reviewed these materials, then called Vantage again to
negotiate for its services.
On April 4, 2012, based on representations made during these negotiations,
Vantage Vice President of Author Relations Selina Peyser memorialized an
agreement in a memorandum. This memorandum provided the specific details of the
agreement between Watkins and Vantage, and detailed Watkins's payment of
$9,450.00 in return for Vantage's services. These services included Vantage's
publication of Work in book-bound form, as well as making the book form available
on "market-leading e-book platforms," in addition to Vantage's copy-editing, and
registering the copyright, to Work. Furthermore, the memorandum stated that
Vantage's services would be done within a specific period of time, specifically, the
production value of Work would be completed within a year ofWatkins's payment of
his fee to Vantage.
Watkins then contemplated the terms of the memorandum.
In reliance upon Ms. Peyser's verbal and written representations on behalf of
Vantage, Watkins signed a copy of the memorandum agreement He mailed the
executed agreement, along with a check for $9,450.00, made out to "Vantage Press".
May3,2013
Page 3of5
Watkins also provided a letter along with the agreement and check. In the
letter, he expressed his belief that "in good-faith ....Vantage press will carry through
[the agreement]". He also expressed his hesitation in entering into the contract with
Vantage, writing, "you probably can't imagine how neivous I am [to enter into this
contract]."
Internally, Vantage was struggling, financially-speaking. However, this
important fact was never relayed to Watkins during Vantage's negotiations with him.
The financial situation provided a real likelihood that Vantage may not have been
able to fulfill its obligations to Watkins as outlined in the agreement Also, Vantage's
representatives were fully aware of these limiting issues. Internally, the company had
been instituting drastic measures to combat its financial situation. Since 2010,
Vantage had been undergoing financial issues, which, had they been accurately
disclosed to Watkins, would have prompted Watkins to reconsider entering into
contract negotiations with Vantage.
Not disclosing a fact which may influence party from entering into an
agreement is considered a deceptive business practice and is also a violation of
M.G.L c.93A, s. 9 and 940 C.M.R § 3.16(2). See e.g., York v. Sullivan, 369 Mass. 157
(1975); Greenfield Country Estates Tenants Ass'n v. Deep, 423 Mass. 8 1, 84 (1996);
Commonwealth v. DeCotis, 366 Mass. 234 (1974). Furthermore, a party's deceptive
misrepresentation of its ability to perform services during contract during
negotiations is also violation of M.G.L c.93A, s. 9 and 940 C.M.R § 3.16(2). Id.
And that's not the whole story.
Even after contract negotiations were completed, assuming arguendo a
contract was formed, Vantage still did not disclose it's financial limitations to
Watkins.
A few weeks after Watkins tendered Vantage his monetary payment, Watkins
received a response from David Lamb, President of Vantage, (hereafter "Lamb")
expressing that the company has received his money and his signed agreement In
Lamb's letter to Watkins, no mention of Vantage's history of financial duress was
made. Moreover, Lamb expressed his confidence in Vantage personnel's ability to
satisfy the promises made to Watkins in its initial agreement with him. Lamb wrote
to Watkins that Vantage would "do our best to live up to your expectations". Lamb
even went on to write that if Mr. Watkins had "specific concerns or questions" to
contact him "personally". Once again, however, no mention was made to Watkins of
Vantage's financial woes, nor of the likely possibility of its inability to perform the
promises made on behalf of Vantage in its initial agreement with Watkins.
Meanwhile, Watkins made preparations for Work's imminent publication,
including notifying local bookstores, magazine editors, etc. of its publication date.
After.
. '.sev
< eral .·:tbs
. . man .... V-""'°"'
ni:i1:t~~ .. ,:n-
n~ .. , . . Of the status
m-A.·.·w curious
...~1;.:....s . 6""" . .· .Qf se
. · rvices
.J>YGntl~d bt Vantage hi tli• .a~ H~ lllade nufilef<JUs pholle calls to Vantage
r~ the status of W()rk;s pubU-.~on. Vantage representatives did not return
·any QfWatldns's pho.tle0 call1 totbe: c.c»npy. There.wasJittle: t<> noindication made
to Watkins.that Vantage bad actually:pedo~d at1Y of the 'Serviees promised to him.
lbe last converaati~u W~ bad with a Vantag;e repi:esentative was. in
Novembet·0012, with Sharon Pemtter~ She :assnr®.Wfttkins; v1a; phone, that, per the
~em.en~. the Work w®ld be<t~~ for pul>Ucation on mne, spedfiCany, in April
2013. Again, during het phone call with Watkins, there was no mention by Ms.
Pellitier ofVantage's pre$elitdil'e~anclal~ation.
·0,n. Pecember 19, 2012, a letter from Attorney Collins and addressed to
Watkl.ns, a<htlsed Watki,ns that Vantage bad ·"'~· all l:>usiness operations" on
account: of'.:tts financial hardships. Th.is ~ttUnunication oceutted only a few weeks
.aftet:Watkbts's last conversatiott With V.a.ntage.
Con~ to the p~ot' representations ·maae by Vantage and its agents, there
~ Uttle chance that Watkins's g>.ntract could ever, or would ever, be successfully
. .,..,p~\il.P~
ci)ri'i'1""'4.nA rthetertrts ,of"1..·e····"'tiaJ·.
:J.J.,• uu . · •· · ment:with
. a,gree .. . .~~
V.pntotre.
Watkins has elel)mented'.' :·a 'lQis bf '.$9,4600.00, plus othet expenses. These
~eaJnc:lude, butare ~~limiWl tGt Jep'Ltee-s incurted ~Y thiafinn. Watkins has
~Q'. ~~ced a Jo~~£~~ p~ty h).... ~ga.rds ,to #to~g and
pulJlis'bingWork.
In light of the cle,a.r mi~. ol>vioµ' violati(Jns ()f law and d~ag~ cause by
V~tage, this· office requests Vantage .settle these liabilities. Specifieally, this firm
Nt. G~L c.93A, s~~ all(;'tW$·•ftr ~ :(30) d'Y$ froxn ·~ receipt ofthis letter for
the :r~den:t to proffer.iLreasonable te~der of.8ettlemen.t:18ilure to do so may, by
itself, expose Vantage to· m\tltiple· damages, in .addition to the remuneration of
·t¢~P®t~ ~mey's fe~ Ui~'cl by ~w Oftices of MarVin Cable for the
pro~tro~ of this action. ·
lloit ;JQrward to ygµr ·~~JQuse,..
~ • • >
May3,2013
Page 5of5
David Watkins
401 WWashington
St James, MO 65559
David Lamb
271 Main Street, Suite 3
Great Barrington, MA 01230
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