FALSE ARREST: THE DORTA CHRONICLES OR CRIME PAYS?
#daa520 dxcrpts.html (36k) 02/05/2001

REPORT OF PROCEEDINGS transcribed from the tape recording had at the meeting of PENNY DORTA and SCOTT M. HUBER at VARSITY CALENDAR COMPANY at 348 North Ardmore, Villa Park, Illinois, 60181-2160 on June 23, 1997 on or about the hour 15:19 and 15:24 in the afternoon.

PRESENT DURING ALL OR PART OF THE MEETING:

MS. PENNY R. DORTA, OWNER of VARSITY CALENDAR COMPANY
MR. SCOTT M. HUBER, CUSTOMER
MS. JENNIFER M. ROSS, EMPLOYEE of VARSITY CALENDAR COMPANY
MS. JENNIFER, ANOTHER EMPLOYEE of VARSITY CALENDAR COMPANY
OTHER EMPLOYEES of VARSITY CALENDAR COMPANY
OFFICER R. BUDIG, VILLA PARK POLICE DEPARTMENT.

RECORDER AND TRANSCRIBER
SCOTT M. HUBER
NAPERVILLE, ILLINOIS 60540
(630) 527-0985 (NOW DISCONNECTED CIRCA 8-4-98.) (11-4-99)
(708) 269-9278 (NOW DISCONNECTED CIRCA 12-7-98.) (11-4-99)

SCOTT M. HUBER WALKED TO THE FRONT DOOR OF VARSITY CALENDARS AND TRIED TO OPEN THE DOOR AND FOUND IT LOCKED AND SIGNALED MS. DORTA. MS. DORTA WENT BACK TO THE BACK OF THE OFFICE FROM WHENCE SHE CAME APPARENTLY TO GET HER KEYS SO TO OPEN THE FRONT DOOR OF HER ESTABLISHMENT.

THE TAPE BEGINS WITH THE SOUND OF A TRAIN ON THE CHICAGO AND NORTHWESTERN RAILROAD TRACKS ABOUT A HALF BLOCK AWAY BY THE VILLA PARK METRA STATION AT APPROXIMATELY 15:19.

1) PENNY DORTA: COME IN....

(MS. DORTA OPENS THE DOOR AND SCOTT HUBER ENTERS).

2) PENNY DORTA: HAVE A SEAT

(SCOTT HUBER SAT DOWN AND WAITED).

3) PENNY DORTA: CAN I HELP YOU

4) SCOTT HUBER: YEAH, PENNY....

5) PENNY DORTA: AH HUH

6) SCOTT HUBER: SCOTT HUBER

7) PENNY DORTA: HI SCOTT

8) SCOTT HUBER: I LEFT A MESSAGE ON YOUR PHONE SERVICE..

9) PENNY DORTA: AH HUH.... AND YOU'VE DECIDED THAT I'M GOING TO PAY YOU
IN CASH

10) SCOTT HUBER: THAT'S THE WAY I PAID YOU....

11) PENNY DORTA: YOU DECIDED THAT?

12) SCOTT HUBER: NO, I PAID YOU CASH, I THINK I SHOULD GET THAT BACK.

13) PENNY DORTA: OK, WHAT HAPPENED TO THE GRAND JURY AND ALL THE OTHER THINGS THAT YOU WERE GOING TO BE DOING?

14) SCOTT HUBER: NO, NO, I DIDN'T SAY THAT ...I DIDN'T SAY THAT ...YOU SUGGESTED THAT !

15) PENNY DORTA: AH HUH

16) SCOTT HUBER: YOU SAID THAT YOUR ATTORNEY WAS GOING TO CALL... THAT WAS YOU A... THAT WAS...

17) PENNY DORTA: YOU SAID THAT YOU WERE GOING TO SUE ME....

18) SCOTT HUBER: NO, NO, ...NO, NO, ...NO, I SAID ...

19) PENNY DORTA: AND YOU WERE GOING TO HAVE EVERYONE ON THE CALENDAR SUE ME TOO.

20) SCOTT HUBER: YOU SAID YOU WOULD PAY ME WHEN I... AND I SAID FINE.

21) PENNY DORTA: YOU SAID YOU DIDN'T WANT PAYMENT.

22) SCOTT HUBER: PENNY, THE LAST TIME WE TALKED YOU SAID YOU, ... I'VE GOT YOU ON TAPE PENNY, DON'T GIVE ME THAT. OK.

23) PENNY DORTA: OH THANK YOU , YOU GOT IT FOR THREATENING ME.

24) SCOTT HUBER: I DIDN'T THREATEN YOU

25) PENNY DORTA: AH HUH ....I, EVERYONE HEARD YOU THREATEN ME.

26) SCOTT HUBER: HOW HAVE I THREATENED THIS WOMAN?

27) PENNY DORTA: YOU THREATENED MY LIFE.

28) SCOTT HUBER: HOW DID I THREATEN YOUR LIFE?

29) PENNY DORTA: YOU SAID YOU'D KILL ME.

30) SCOTT HUBER: NO I DIDN'T

31) PENNY DORTA: YEAH YOU DID.

32) SCOTT HUBER: NO I DIDN'T

33) PENNY DORTA: YEAH YOU DID.

34) SCOTT HUBER: I DID NOT.

35) PENNY DORTA: YEAH YOU DID.

36) SCOTT HUBER: I DID NOT.

37) PENNY DORTA: YOU THREATENED MY LIFE. YOU NEED A..

38) SCOTT HUBER: I, I ...I DID ...I DID NOT.

39) PENNY DORTA: TO LEAVE MY OFFICE. YOUR NOT GETTING A DIME!

40) SCOTT HUBER: PENNY

41) PENNY DORTA: PLEASE CALL A LAWYER...

42) SCOTT HUBER: PENNY, I DON'T HAVE TO CALL A LAWYER I'LL SUE YOU MYSELF.

43) PENNY DORTA: GO AHEAD!

44) SCOTT HUBER: WHEN I GO IN INFORMA PAUPERIS YOU WILL LOSE BECAUSE THAT'S HOW I FILE. I AM, I AM BANKROLLED OK? THERE ARE PEOPLE WHO ...

45) PENNY DORTA: I HAVE HEARD ALL ABOUT YOU.

46) SCOTT HUBER: THERE ARE PEOPLE WHO OWN ME, YEAH I CAN IMAGINE...

47) PENNY DORTA: AH HUH

48) SCOTT HUBER: ...WHO YOU WOULD LISTEN TO, IT SURE DOESN'T FOLLOW THAT:

(POINTING TO A SCRIPTURE PLAQUE ON THE WALL OF HER OFFICE THAT SAYS: SOMETHING ABOUT GOD SENT YOU HERE AS A SPECIAL BLESSING WITH A BIBLE VERSE REFERENCE WHICH WHEN LOOKED UP APPARENTLY APPLIES TO A MARRIAGE CONTEXT AND SAME APPARENTLY NOT THE CONTEXT OF THE ABOVE NOTED PHRASE.

(11-4-99) NOTE THAT THE SPECIFIC REFERENCE IS NOT AVAILABLE TO ME AT THIS TIME DUE TO THE "REORGANIZATION" PERFORMED BY THE DUPAGE COUNTY SHERIFF, THE "LANDLORD", "THE MAN" AND THE STORAGE MANAGEMENT WHOM I HAVE DISCUSSED ELSE WHERE IN THESE WEB PAGES. SINCE I HAVE NOT BEEN BY OR TO THE VARSITY CALENDAR COMPANY SINCE THE ARREST I DON'T KNOW IF THE SCRIPTURE PLAQUE IS STILL ON THE SOUTH WALL OF THE OFFICE NEAR THE FRONT DOOR OR FRONT HALF OF THE OFFICE.):

AND I CHALLENGE YOU IN THAT SPIRIT AS A CHRISTIAN, IN THE NAME OF THE FATHER AND THE SON AND THE HOLY SPIRIT. YOU'RE MESSING WITH THE HOLY SPIRIT HERE PENNY. NOT ME, BECAUSE THERE IS A PRINCIPLE INVOLVED HERE CALLED HONOR AND RIGHTEOUSNESS...

49) PENNY DORTA: I WANT YOU TO LEAVE MY OFFICE.

50) SCOTT HUBER: OK PENNY... YOU'RE ASKING FOR A LAW SUIT HERE...

51) PENNY DORTA: OK.

52) SCOTT HUBER: THIS WON'T BE JUST A COLLECTIONS ISSUE.

53) PENNY DORTA: YOU'RE NOT GOING TO THREATEN ME ANY LONGER.

54) SCOTT HUBER: NO, NO, I AM, I AM, I AM....

55) PENNY DORTA: (SOUNDS LIKE: YOUR BANKER HASN'T EVEN GOT OVER ...??????...) I'VE OFFERED YOU YOUR MONEY BACK...

56) SCOTT HUBER: I ASKED YOU FOR YOUR MONEY, THAT'S WHY ...NO, NO! ...

57) PENNY DORTA: ...YOU PREVIOUSLY PAID AND YOU WANT TO HARASS ME, YOU
HARASS ALL THE PEOPLE ON THE CALENDAR.

58) SCOTT HUBER: THERE'S A PHONE MESSAGE... THERE'S A PHONE MESSAGE, I'VE ALREADY CALLED THE COPS (11-3 & 4-99) (OFFICER PARISH WAS CALLED BY MYSELF ON FRIDAY, JUNE 20, 1997 WHEN I FIRST CAME UP TO VILLA PARK FROM NAPERVILLE VIA BUS TO PICK UP THE REFUND AND FOUND THE STORE WAS PREMATURELY CLOSED. I RELATED TO HIM THE DIFFICULTIES I WAS HAVING WITH VARSITY CALENDARS AND MS. DORTA AND THE FACT THAT NO HOURS OR BUSINESS NAME WAS POSTED ON THE BUILDING, DOORS OR WINDOWS. I ALSO RELATED THAT MS. DORTA KNEW THAT I HAD INTENDED TO COME UP THAT WEEK TO PICK UP THE REFUND. SEE #67 BELOW. IT TAKES APPROXIMATELY A HALF A DAY OR SO TO TRAVEL TO AND FROM VILLA PARK FROM NAPERVILLE VIA TRAIN AND BUS WHICH WERE MY ONLY CHOICES OF TRANSPORTATION AT THAT TIME. THE COST OF TRAVEL IS IN EXCESS OF $6.25 ROUND TRIP. TIME OFF PRODUCTIVE WORK, BUSINESS LOST AND TRANSPORT MONEY PAID OUT AND ONE COMES UP WITH A BIG NEGATIVE "ZERO"! TOO MUCH LOSS AND SACRIFICE WHEN YOU ARE RUNNING ON "FUMES"!) , THEY KNOW ABOUT THE SITUATION,

59) PENNY DORTA: GOOD.

60) SCOTT HUBER: OK, ...THEY KNOW ABOUT YOUR SITUATION. THEY KNOW ABOUT THE OTHER PEOPLE.

61) PENNY DORTA: UH HUH

62) SCOTT HUBER: PENNY I'LL BE GOING TO THE ATTORNEY GENERAL, WE'LL FILE A CLASS ACTION SUIT...

63) PENNY DORTA: OK.

64) SCOTT HUBER: THEY WILL PULL YOU OUT OF BUSINESS...

65) PENNY DORTA: OK, I THINK THAT'S WHAT WE SHOULD GO) (UNINTELLIGIBLE) ... (SIMULTANEOUSLY)

66) SCOTT HUBER: IF YOU DON'T RECONCILE. (SIMULTANEOUSLY)

67) SCOTT HUBER: NOW, NO. I'M JUST SAYING THAT FACT IS ..NO. NO,... THE FACT IS I CAME HERE, THE FACT IS I CAME HERE, I CAME HERE TO PICK UP THE CASH AS I STATED ON YOUR 800 NUMBER FRIDAY.

68) PENNY DORTA: AH HUH

69) SCOTT HUBER: THE REASON I CAME HERE, I DIDN'T THREATEN YOU, DIDN'T THREATEN YOUR LIFE...

70) PENNY DORTA: I DON'T DEAL WITH BIG MACS, I DON'T DEAL WITH MC DONALD'S LIKE YOU DO.

71) SCOTT HUBER: WELL THEN, THEN ....DOING WHAT?

72) PENNY DORTA: AT MC DONALD'S, MEETING PEOPLE AT MC DONALD'S LIKE YOU DO.

73) SCOTT HUBER: I DON'T MEET PEOPLE AT MC DONALD'S...

74) PENNY DORTA: OR AT TACO BELL AN HOUSE.

75) SCOTT HUBER: I MEET THEM AT BURGER KING.

76) PENNY DORTA: OH, OK. AH...

77) SCOTT HUBER: GET YOUR FACTS STRAIGHT EH EH, PENNY.

78) PENNY DORTA: OK, EH, EH.

79) SCOTT HUBER: DE ...YOU KNOW, PENNY, THAT'S VERY POOR ...

80) PENNY DORTA: EH EH, ... (UNINTELLIGIBLE).

81) SCOTT HUBER: THAT'S VERY POOR PR, I AM THE CUSTOMER, VERY POOR PR.

82) PENNY DORTA: AH HUH

83) SCOTT HUBER: THIS GETS AROUND PENNY.

84) PENNY DORTA: AH HUH

85) SCOTT HUBER: OK?

86) PENNY DORTA: I KNOW ITS GOTTEN AROUND.

87) SCOTT HUBER: HOW, HOW CAN YOU, HOW CAN YOU COME AND HAVE PLACARDS LIKE THAT ON YOUR WALL AND ACT LIKE YOU ARE?

(POINTING TO THE AFORE NOTED SCRIPTURE NOTATION).

88) PENNY DORTA: ITS NONE OF YOUR BUSINESS HOW, WHAT I HAVE ON MY WALL.

89) SCOTT HUBER: IT DOES, BECAUSE...

90) PENNY DORTA: ITS NONE OF YOUR BUSINESS WHAT PLACARDS' ON MY WALLS

91) SCOTT HUBER: BECAUSE, BECAUSE. YES IT DOES.

92) PENNY DORTA: NO.

93) SCOTT HUBER: PENNY, YOU'RE MISINTERPRETING ME.

94) PENNY DORTA: UH HUH

95) SCOTT HUBER: OK? YOU'RE MISINTERPRETING ME. AND YOU'RE ASKING YOUR, YOUR CO-WORKERS TO BE IN COMPLICITY WITH YOU IN
COLLUSION IN, IN....

96) PENNY DORTA: IN COMPLICITY AND COLLUSION.

97) SCOTT HUBER: IN, IN, IN, IN, YOU KNOW I (UNINTELLIGIBLE).

98) PENNY DORTA: (UNINTELLIGIBLE) ...LET ME PUT THIS DOWN.

99) SCOTT HUBER: I, I, NEED THE MONEY I CAME FOR, YOU KNOW WHY I CAME HERE, YOU KNEW WHAT I WAS, I MADE IT VERY EXPLICITLY ON THE CALL .....I, I, I, TOLD YOU EXPLICITLY WHAT I WAS COMING FOR TODAY. I TOLD YOU LAST WEEK I DIDN'T GET HERE TO PICK IT UP, YOU WEREN'T HERE DURING THE HOURS YOU DECLARE THAT YOU'RE HERE.

100) PENNY DORTA: WHEN DO I DECLARE THAT?

101) SCOTT HUBER: YOU DECLARED THAT YOUR...

102) PENNY DORTA: ITS NOT ON MY DOOR...

103) SCOTT HUBER: HERE, YOUR GIRLS HAVE POINTED IT OUT...

104) PENNY DORTA: ITS NOT ON MY DOOR...

105) SCOTT HUBER: I'VE GOT NOTES AND NOTES OF IT FROM YOUR GIRLS AND WHEN I FIRST AH, DEALT WITH YOU, I KEEP AN EXTEMPORANEOUS IN FACT...

106) PENNY DORTA: EH HUM

107) SCOTT HUBER: WITH MY CONVERSATIONS WITH JENNIFER (ROSS) AND THE REST OF THE GIRLS, (JENNIFER #2 AND OTHERS) , YOU'RE HERE FROM 9 TO 4, THOSE ARE YOUR HOURS...

108) PENNY DORTA: (UNINTELLIGIBLE)

109) SCOTT HUBER: NOW, NOW, YOUR, YOUR KEEN UPS ARE HERE FROM 9 TO 4, THAT'S BEEN TOLD ME ON NUMEROUS OCCASIONS AND I'LL WILL GET WITNESSES...

110) PENNY DORTA: GO AHEAD

111) SCOTT HUBER: ...WHO HAVE ALSO BEEN TOLD THAT, OK

112) PENNY DORTA: GO AHEAD (THEN UNINTELLIGIBLE)

113) ANOTHER WOMAN: SAYS... (UNINTELLIGIBLE).

114) SCOTT HUBER: OK, ALL I'M SAYING IS, ALL I'M SAYING IS I CAME HERE FOR A HUNDRED AND FIVE DOLLARS....

115) PENNY DORTA: YOU'RE NOT GETTING A DIME, PLEASE LEAVE MY OFFICE...

(SCOTT HUBER NOTES THE REFLECTION FROM THE REAR OFFICE WINDOW OF OFFICER BUDIG COMING ACROSS THE FRONT OF THE BUILDING WINDOWS AND INTO THE FRONT DOOR OF THE OFFICE.)

116) SCOTT HUBER: YEAH, YOU DID...

117) PENNY DORTA: PLEASE LEAVE MY OFFICE NOW...

118) SCOTT HUBER: YOU'RE IN BREACH OF CONTRACT THOUGH...

119) PENNY DORTA: WE DIDN'T HAVE A CONTRACT ON IT

(NOISE FROM OFFICER BUDIG ENTERING THE FRONT DOOR FROM BEHIND AND IMMEDIATELY GRABBING SCOTT HUBER PULLING HIM OUT OF THE CHAIR IN WHICH HE WAS SEATED.)

120) OFFICER BUDIG: YOU'RE OUT OF HERE!

121) PENNY DORTA: I WANT HIM ARRESTED. ARREST HIM, HE'S BEEN HARASSING ME! HE'S BEEN USING A PHONE NUMBER, THE LEMONT POLICE KNOW EXACTLY WHO HE IS ... AND HE'S BEEN CALLING ME AND HARASSING ME ON THE PHONE ....HE DOESN'T GIVE HIS ADDRESS, I WANT HIM ARRESTED. (SIMULTANEOUSLY)

122) OFFICER BUDIG: IN THE HALTEM (UNINTELLIGIBLE) (SIMULTANEOUSLY). I NEED TO SEE YOUR DRIVER'S LICENSE...

123) SCOTT HUBER: I DON'T HAVE ONE.

124) OFFICER BUDIG: YOU HAVE SOMETHING,

125) SCOTT HUBER: NO I DON'T

126) OFFICER BUDIG: GIVE ME SOMETHING.

(SCOTT HUBER GAVE SOME ID INFORMATION TO THE OFFICER)

127) SCOTT HUBER: YEAH, I'VE BEEN A BUSINESSMAN RUNNING AN ELECTRONICS BUSINESS FOR OVER FIFTEEN YEARS.

128) OFFICER BUDIG: IT DOESN'T MAKE ANY DIFFERENCE TO ME!

129) SCOTT HUBER: ALL I'M SAYING IS THAT IF YOU CALL UP (UNINTELLIGIBLE)....

130) OFFICER BUDIG: HANG, HANG TIGHT WHILE I FIND OUT WHO YOU ARE... (UNINTELLIGIBLE)...

131) SCOTT HUBER: NO I'M NOT, YOU'RE ON TAPE! (SPEAKING TO PENNY DORTA AND PULLING OUT MY MICRO TAPE RECORDER AND HOLDING IT UP FOR MS. DORTA TO SEE).

132) PENNY DORTA: THAT'S FINE!

(AND SHORTLY THERE AFTER SCOTT HUBER WAS ESCORTED OUT OF THE BUSINESS AND WAS SEATED IN A SQUAD CAR.)

TIME: APPROXIMATELY 15:24

NOTE: A FEW MORE LINES OF THE TAPE WERE TRANSCRIBED. SAME DEALT WITH MY LEGALITY IN TAPE RECORDING WITHOUT ANNOUNCING SAME. OFFICER BUDIG SAID THAT THE FBI WOULD ARREST ME FOR ILLEGAL WIRE TAP! I INDICATED TO HIM THAT I FOLLOWED THE LAW AND HE SAID HE KNOWS THE LAW AND HAS BEEN INVOLVED WITH SAME FOR 20 YEARS AND I SAID I HAVE ALSO. AS SOON AS I CAN LOCATE SAME TRANSCRIPT IT WILL BE INCLUDED HERE.

MORE OF THE CONVERSATION WITH THE POLICE OFFICER IS OF RECORD BUT NOT YET TRANSCRIBED.

WHEN POSSIBLE I WILL INCLUDE THE ACTUAL SOUND RECORDING APPLETS INTO THIS PAGE.

THE ABOVE TRANSCRIPTION TOOK MINIMALLY 6 HOURS OF REPEATED PAINSTAKING LISTENING AND SCRUTINY SO TO CAPTURE AND DECIPHER AS MUCH INFORMATION AS POSSIBLE THAT WAS INTELLIGIBLE TO ME!

THE TAPE WAS ALSO ENHANCED SO TO CUT OUT EXCESSIVE "HIGH" NOISE AND THUS MAKE THE CONVERSATIONS MORE INTELLIGIBLE. SAME TAPE WAS SUCCESSFULLY ADMITTED INTO EVIDENCE UNCONTROVERTED!

PLEASE NOTE THAT THE STATES ATTORNEY DID NOT ALLOW THIS WRITTEN TRANSCRIPT TO BE ADMITTED INTO EVIDENCE! THE DOCUMENT BEFORE YOU IS A MECHANICS AND COMMENTARY ENHANCED VERSION OF THE DOCUMENT ORIGINALLY SUBMITTED TO THE STATES ATTORNEY FOR TRIAL I.E.: TYPOS AND SPELLING WERE CORRECTED AND ADDITIONAL COMMENTARY WAS ADDED. THE BULK OF COMMENTARY IS IN THIS SECTION OF THE DOCUMENT YOU ARE READING NOW. REFERENCE TO OFFICER PARISH ABOVE IS ADDITIONAL.

PLEASE NOTE THAT IT IS MY OPINION THAT THE STATES ATTORNEY DID NOT ADMIT THE WRITTEN TRANSCRIPT OF THE TAPE BECAUSE THEY JUST DID NOT WANT TO TAKE THE TIME TO DO AN EVALUATION TO VERIFY ACCURACY AND DUE TO THE FACT THAT THERE WAS A TENDENCY BY THEM TO KEEP THE JURY FROM PERCEIVING THE FULL CONTENT OF THE TAPE THAT THEY LISTENED TO. THE TAPE WAS ALLOWED TO BE PLAYED IN OPEN COURT ONLY TWO TIMES: ONCE IN THE BEGINNING AND ONCE BY THEIR REQUEST WHICH WAS LIMITED DUE TO THE FACT, AGAIN, THAT THE STATES ATTORNEY DID NOT TAKE THE TIME NOR GET THE EQUIPMENT TO COPY THE TAPE WITH THE SAME SOUND QUALITY SO THE JURY COULD PERUSE SAME TAPE IN THE JURY ROOM AT THEIR LEISURE AND LISTEN TO SAME AS OFTEN AS THEY WISHED AND REPEAT CERTAIN PORTIONS OF THE TAPE AS THEY WISHED. THE STATE ATTEMPTED TO GIVE THEM A DISTORTED AND UNACCEPTABLE COPY WHICH I OBJECTED TO AND SAME WAS SUSTAINED AND IN SPITE OF MY HAVING ANOTHER IDENTICAL QUALITY COPY OF SAME TAPE THE COURT REFUSED TO GIVE SAME TO THE JURY AND ONLY ALLOWED ONE ADDITIONAL PLAYING OF THE STATE'S COPY OF THE TAPE IN THE COURT ROOM ONLY. I DISTINCTLY GOT THE IMPRESSION THAT THE STATE DID NOT WANT THE TRUTH OF THE ALLEGED "CRIMINAL TRESPASS" TO BE KNOWN. I BELIEVE THIS TRANSCRIPT LETS THE CONTEXT BE KNOWN CLEARLY.

ALSO PLEASE NOTE THAT THE VILLA PARK POLICE REPORT INDICATED THAT MS. PENNY DORTA CALLED THE VILLA PARK POLICE AT 15:20, ONE MINUTE AFTER I STARTED MY TAPE RECORDER, UNKNOWN TO HER, PRIOR TO MY BEING LET INTO HER STORE. AND PRIOR TO HER UNLOCKING HER DOOR TO LET ME IN! IN OTHER WORDS MS. PENNY DORTA DELIBERATELY SET ME UP FOR A STING, NEVER LETTING ME KNOW THAT THE POLICE HAD BEEN CALLED EVEN PRIOR TO MY ENTERING THE STORE! MS. PENNY DORTA NEVER ONCE WARNED ME THAT SHE WOULD CALL THE POLICE OR THAT SHE HAD ALREADY CALLED THE POLICE, OF WHICH THE LATTER WAS TRUE.

IT IS IMPORTANT TO NOTE THE BACKGROUND THAT FOMENTED THESE CIRCUMSTANCES. VARSITY CALENDARS CONTACTED ME AND SOLICITED ME FOR AN ADVERTISEMENT IN THE SPORTS CALENDAR OF A LOCAL HIGH SCHOOL. THEY CONTACTED ME SEVERAL TIMES FROM FEBRUARY THROUGH APPROXIMATELY MAY OF 1997. DUE TO MY FINANCIAL CIRCUMSTANCES I HELD OFF TILL THE LAST MINUTE AND PERSONALLY BROUGHT PAYMENT OF $105 FOR A DOUBLE BUSINESS CARD SIZED AD IN THE CALENDAR. I BROUGHT PHOTO READY COPY PRIOR PREPARED BY DONTECH FROM THE PHONE DIRECTORY. I MODIFIED THE AD SLIGHTLY SO TO ACCOMMODATE THE ADDITIONAL PHONE NUMBERS AND LISTING OF AREAS SERVED. I WAS TOLD BY MS. DORTA THAT I SHOULD BRING IN LARGE COPY SO THEY COULD TOUCH UP AND CLEAN UP ANY PROBLEMS WITH THE AD AND ADD THE AREA CODES TO THE PHONE NUMBERS THAT WERE APPROPRIATE. I WAS NOT TOLD WHEN THE CALENDARS WERE TO BE READY BUT I WAS OF THE UNDERSTANDING THAT THEY WOULD BE TIMELY PRODUCED.

ON APPROXIMATELY JUNE 6 OR 9, 1997 I CALLED TO FIND OUT WHAT THE STATUS WAS ON THE CALENDARS. I WAS TOLD THAT THEY WERE READY AND MS. DORTA SAID THAT SHE WOULD HAVE SOME PUT ASIDE FOR ME. I WAS TO RECEIVE APPROXIMATELY 100 OF THE 2,500 APPROXIMATELY 17" X 14" POSTERS AND A PORTION OF THE APPROXIMATELY 10,000 APPROXIMATELY 8.5" X 11" FLYERS THAT WERE TO BE PRODUCED.

WHEN I WENT UP TO VARSITY CALENDARS ON OR ABOUT JUNE 6 OR 9, 1997 THE PRODUCT HAD BEEN LEFT AT A BUSINESS NEXT DOOR SO I COULD PICK THEM UP AFTER THE BUSINESS HOURS OF THE CALENDAR. I LOOKED AT THE FINISHED PRODUCT. I NOTED THAT I RECEIVED APPROXIMATELY 100 POSTERS NOTED ABOVE BUT NOT A SINGLE FLYER. I FURTHER NOTED THAT MY AD WAS NOT THE PHOTO READY COPY I HAD GIVEN MS. DORTA. IT HAD BEEN STRIPPED OF ITS AREA CODES AND ALL REFINEMENTS DOWN TO A BOX WITH THE COMPANY NAME AND THAT WE DO TV REPAIR AND THAT WAS ABOUT IT. THEY INCLUDED ADDITIONALLY, AT THE BOTTOM OF THE AD, A PHRASE THAT I ORIGINALLY HAD INCLUDED IN MY AD COPY THAT SAID IN EFFECT: SAY NO NOT ONLY TO DRUGS BUT ALSO THE REASON FOR DRUGS.

THE CLINCHER WAS THE DATES ON THE CALENDAR. THE CALENDAR COVERED DATES FROM APPROXIMATELY EARLY MARCH THROUGH JUNE 13,1997. IT WAS NOW JUNE 6 OR 9, 1997! THERE WAS NO WAY THAT I COULD DISTRIBUTE AND BENEFIT TIMELY AND EFFECTIVELY FROM THE CALENDARS!

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