Rising from the Ashes - Another Battle Against PA

"...stick a fork in me; I'm done."

Today I went to B&N seeking information on how to get an agent. I bought HOW TO GET AN AGENT published by Writers Digest. I checked on my book and found out that it was no longer in print!

Man-oh-man do I wish I'd been as informed back in '08. All of my enery for PA is used up. I prayed and told God that they were forgiven.

I just finished my final e-mail to PA. I'm done with them.
RISING FROM THE ASHES is finished (working on an activity book for it).
SURVIVING VIETNAM: TALES OF A NARCOLEPTIC HANGARRAT is ready for a proposal letter.

I won't allow myself to promote PA for one more second even in an endeavor to keep others from falling into the PAabyss; the websitess come down tonight.

All of you here have been great but my energy is being focused on writing some short stories and gettting my name out there. There is so much fun to be had and I'm tired of trying to get a bunch of "knuckle-heads" to see themselves for what they are.

I'll be putting up web sites soon just google my name.
A sharp salute; about face. See you all on another sunny day.

HHeee,hee,hee

I'm back like a bad penny!

*********************
Dear Noah Dillion:

Do not address anyone at PublishAmerica except the support team. No
one else will read your messages. Your letter did not reach the
intended recipient, and it will not be directed anywhere within the
company. Our author support team, only, answers all such queries.
Paper letters, both registered and unregistered, go only to the
support team just as email letters. They are not directed anywhere
else within the company, and they are not given priority.

>>This letter was mailed Certified Return Receipt per my contract
>>and the letter was returned stamped "REFUSED" which is another
>>breach of the contract.

Please consult a lawyer prior to sending us such a message. Your
lawyer will tall you the following: No, it is not "per contract", and
no, our refusing it is not a breach of the contract. The reason for
your sending it is not the reason specified in the contract.
Separately, you do not have the right to cancel your contract without
our agreement.

>>I can show over 12 very obvious
>>accounting discrepancies

We (huh??? maybe she's having a baby or she has a mouse in her pocket) stopped reading your letter at this point; we did not read past this point. We do not understand what you say about nine copies, and an "accounting error". We operate under very high ethical standards,
and we will be happy to thoroughly investigate any and all such
issues. Please show us the "error" or the "discrepancies" that you
mention, and we will respond promptly.

PublishAmerica Author Support
[email protected]

*******************
OMG:-0
Am I stupid or not?

Let's see, they didn't open the letter...check.
They didn't understand something they didn't read...check.
My lawyer is going to "TALL" me...check and double check!

Gosh! It's going to be great being taller at such an old age.
They have supermans "x-ray vision" and can read a folded up letter without opening the envelope.

On to another topic.
I can get AMAZON.COM to print my book orders immediately if I buy 6 copies at a time.
@hotmail.com says they can't prevent their spamming; only the provider can do that and I think they are their own provider.
Seems the Bush Foundation don't care either.

I took my website down and the rest go asap.

I will go to the Amazon folks as my last effort to stop these fools.
catch'ya later.

truth or dare?


I give up...NOT!

Have a gander at this one...

******************
Dear Noah Dillion:(OMG:-0 they spelled my name right for a change!)

>>This letter was mailed Certified Return Receipt per my contract
>>and the letter was returned stamped "REFUSED" which is another
>>breach of the contract.

No, it is not a breach of the contract. You addressed it to people
who have nothing to do with your issue (UH...Wilem signed my contract but he's out flying his chopper and acccording to People Search there is no Janis Cadle in the Eastern United States...). Do not address it in such a manner again. Also, do not use all caps again (eeexxcuse me...). If you do, your message will be discarded. We have decided not to renew your contract snoopy:I made it past the first hurdle).

>>I will not banter with someone without any authority.

No, you will not "banter" with anyone at all. You will, however,
accept information from whomever we deem appropriate. Your issues
will not go past the author support team (who has no authority).

>>You will receive clearification via the Maryland
>>Attorney Generals Office

No, apparently not. We have heard nothing from them on your behalf.
Their office has told us that they sometimes do not act on complaints
that appear to be frivolous. Either this is the case or you did not
do what you said you did (but I said, 'I'd hold off on mailing the complaint so you could have time to reply...).

>>The 1099-misc for 2009 did not include the $2.80 or the
>>second check for $17.96; thus the 1099 was grossly
>>incorrect. It should have been for $38.72.

As you state, you were issued a 1099 for $17.96 that you were paid.
However, a second 1099 was sent to you, for payments totalling
$38.73. Did you receive the second 1099? It would appear that you did
not receive the second 1099. The 1099s are correct from an IRS viewpoint (oops...that should have been $38.72, but the second 1099 was for $20.77).

***********************
My comments are in red...
Holy cow, I hate it when I'm right, hhheeee, hhee, hee!

So, the package goes out on Monday so they can get their notice of my frivilous claim which I'm glad I waited with. Now I can include the Bush Foundation and White house e-mails.

13 e-mails in June (3) on the 10th, (2) on the 9th, (2) on the 7th,
19 in May (2) on the 26th, (2) on the 24th,(2) on the 17th,
15 in April
14 in March (2) on the 26th
10 in Feb
10 in Jan (2) on the 29th, (2) on the 4th
81 e-mail solicitations since the beginning of the year.
Their last claim of 50,000 authors makes that a grand total of 405,000 unsolicited e-mails...what may I ask is spamming?
Oh well back to the task in hand...catch ya' later.
Now you folks who are insisting on mailing your letters, look on your contract and see who signed it and send your letters to them. Who-a-duh-thunk?

back like a bad penny...

happy days are here again!
Just got off the phone with the folks who do the event planning for the city and they have no idea what I'm talking about. Must be some covert book signning.

I'm just a little curious..when did Baker and Taylor move into the buildig with PA? They're printing the PA books...right?

Three cheers for the newest "lucky author", seems we missed 9,999 others though because PA's claiming 50,000 ...py, darn it I just can't bring myself to type that word, .......y! No use it just won't come.

I bought the most glorious book on Dragons. I was in a real book store, yep I said book store, you know that building where PA sends all of the FREE copies of the books that 15,000 of their authors have been sending them this year alone. Anyway it was first published in 1987 by a master artist named CIRUELO. This book is so good. I've been able to polish my own book, I need to add 15,000 words according to the WRITERS MARKET pub that I bought on how to find an agent.

Sorry folks but I've been hooked; fallen into a puddle of creative juices and gone down for the thrid time. SURVIVING VIETNAM is now in the process of receiving a large number of illustrations and in its final stages. I've done a preliminary proposal letter.
RISING FROM THE ASHES has had a makeover, removing some true facts that were intended to enlighten the readers concerning the "real life facts" about a Nuclear exchange. I'm going to put that into a FIELD MANUAL along with my art work where I'm building an activity book to give away at my book signnings.

I've always prettty much been a religious person; we have our own private contract and I do his work when and where I see that its needed. I also dittle a little (poet...NOT) in zodiac and such and ran across the Chinese zodizc and I was born the year of the rat. Rats should be...guess what? writers and among others la...ers, dang it I started to type liars!

I started another book, a military fiction book. One of the little brothers of Narcolepsy is "vivid nightmares". Thing is we can remember these nightmares because we wake up so often when we're leeping at night. I know strange but true. This new book has been in my head for years so I've decided to put it down on paper. Then there is the WOODEN THINGS book I started when I was in San Fran in 1980. My archives are chocked full of little bits and pieces of books I've started but had too many things to do and no energy to spare time to do them with.IT'S GREAT TO BE AWAKE!!

Last but not least; for those of you with Senior Citizens in your family or circle of friends. BEWARE ELDER ABUSE. I went to court again on the 7th and dogged another "homeless bullet". I have been researching a way to bring this run away train to a screeching halt before it's derailed; I had an ephifany (sp but I love that word, it was in the movie REIN OF FIRE staring Christian Bale).
Any way, I was googling all kinds of stuff:fraud, deceit, conspiracy, etc.
I felt something out there fit the picture on the kentucky.gov website; wa-la!
I pushed the radio button for The Dept. of Health and Human Resources. Bingo!! A radio button appeared named: ELDER ABUSE.
Went there and a button named: Signs of Elder Abuse.
I'd been here before but really diddn't read the whole sight. At the bottom of the five sections giving the various signs for; physical, emotional, etc was...guess what!
FINANCIAL ABUSE
One of the signs of Elder Abuse is; When an elderly person makes out a new Will when they are not competent to do so.

So for those of you who are trusting your siblings to keep their fingers out of the icing; watch out for the subtle brain washing that your wealthy Uncle is suffering by that person who has no feeling for his mental state of mind. Kentucky is a mandatory reporting state as are several dozen others. You can actually get into big trouble if you suspect abuse of any kind and don't call it in.
So there it is in a nut shell. Back to court on the 23rd for the last time.See ya' on the flip-flop. Narcolepticgi, over and out!

"downtown Frederick book signing"

This is cut/pasted from the PA e-mail;

If you want to have books on hand, order now. Go to www.publishamerica.net, and use this coupon: Welcome40. Minimum volume is 12 copies. They will ship on a first-come-first-serve basis.
By using the Welcome40 coupon, you will trigger our invitation to come and watch us print your book. In the Ordering Instructions box write "Visit Yes", and we will contact you to schedule date and time*. You may bring your spouse or a friend. If you order 19 or more books, you will be allowed to jump the line! PublishAmerica will furnish the books for the downtown Frederick book signing at no cost to you -- in fact, we will print them while you're there!

*******************************
Terie; Excuse me for "assuming" that downtown Frederick was anything but a bookseller or some other establishment like Starbucks. When I go to a "downtown festival" it's generally held by multiple vendors who set up on one of the main streets here in Kentucky.
Those events are coordinated by the city or town where the event is being held. They want their money for the spaces on the sidewalk; its a revenue device. Just how many authors do you think any one store is going to accomodate? I've never seen more that 5 or six at a book signing and that was in the concoarse of one of the larger malls here in Erlanger. I got Chuck Norris's autograph on his book and an 8 x 10 glossy photo. It was sponsored by Waldens, not by a pblisher.

It is never "a bit over the top" to contact any elected official and ask politically correct questions. The only dumb question is the one you don't ask. The event coordinators are being paid to organize. If a PA author wishes to participate of their own accord, then asking for the information is not inappropriate. If no event has been planned then that "fact" is important.

I read so much here about doing this and doing that; my website was up for over 8 months and I had 11 members when I took it down. Actions speak louder than words.

If 25 trapped authors were to put together a package like I have ready to mail, or participated in a post card campaign to Oprah or one of the other media giants then perhaps a human interest story would unfold.

When one pebble is thrown into the pool of calmness the ripples eventually fade away from the center, and disappear; the pebble has lost its effect and it's energy was wasted.

When a hand full are thrown in, the message becomes clear and can not be easily ignored. Ripples cris-cross each other and become a massive signature on the surface of the pool.

I received an e-mail announcing that they have no intention of renewing my contract. I was glad to be successful in at least that part of my endeavor.

I have shared everything here and received only a slight amount of support (thank you Don, tj,merrihat,and Dave) .

Everyone of the WHO's is shouting except the one who is busy making copies of his complaint to Horton. Enough of the shouting; especially if you don't have a vested interest. Individuals chatting about this and that in these forums without a vested interest only make actions like my own look superficial.

Group: when several individuals come together and each works toward their own goals.
Team; when several individuals come together and work toward a common goal.

I've participated in enough groups; what I'm looking for is to join a team.

I'm not saying that this forum is not full of useful information and has in fact saved at least two authors from the PA black hole in the publishing universe.

So my question at this point in time is "how many of you have bothered to forward those Haiti, your book will be sent to our troops in Iraq, you book will be donated to the Barbara Bush foundation, or the White House e-mail promotions to those individuals responsible for those particular charities?

My little pebble is tossed every time I receive one of those shameful e-mails. Come on team, it's time to toss our pebbles all at one time and be heard.

By-the-by has anyone pursued the answer as to who won the trip to London, or who bought the seat at the book fair? I can guess...NO! I'll do that when I get off my soap box. This is only the opinion of this sleepy hangarrat. Sorry if i offended anyone, it was not my intention.

OOOH NOOOO!!!


I must have really ticked them off with my last "I'm not buying any books so release my contract" e-mail.
I got my "you didn't sell any books this period" -mail so I wrote a request for them to release me from the contract.
I got their labor70 cupon and went in, as usual, to check the price of my book and run a print. My book is no longer listed in the book store??

I've had a very long summer in probate concerning my home and didn't have the mental energy to follow the forum, sorry. Things have settled down and I'm polishing RISING FROM THE ASHES with the help of two beta readers.

I've sent three queries for SURVIVING VIETNAM: TALES OF A NARCOLEPTIC HANGARRAT andreceived two rejections. One was an individual that publishes Jewish manuscripts. Still no reply from #3 so I assume they are not interested either. I have four endorsements by medical professionals so maybe their names might impress my next query.

Anyhow, I'm having fun and daydreaming my upcoming preview website for both books. The main PA webbuster for PA was taken down but I guess I'll put up a new one to let the world know that I have a publisher who won't even put my book in their own bookstore.

clearification


Just for the sake of conversation, I have written a second book on Narcolepsy and never intend to re-publish the original version. I just want my book back!
The new book is a different format. The anecdotes are different, the military experiences are different and the technical information is written in a different tone.
I've put in the photos I originally wanted, added medical charts and sketches and this book will have four renound neurological doctors as endorsements. PA can eat their heart out.
I already have an e-mail stating they do not intend to lay claim on another 7 years on the contract.
What happened to INDEPENDENCE PRESS or what ever they called their new publishing company?
Dave, can you find out who won the truip to London? and the signature seat the auctioned off ? I'll forward the e-mails solicitations if you're hazy on what I'm talking about.
Big time disclaimer at the bottom of my "didn't sell any copies" Royalty Statement.
How do we get a peek at their IRS form to see if they actually sent money to the Haiti Red cross effort and other "hard cash promises"?

I'd like to see Alcatraz reopened so they can have a "capone experience" for tax evasion.

Hoping everyone had a good holiday!

Are congratulations in order?

Well, gag me with a spoon!
Today I received a large white envelope from PA. It contained a release contract written by Brian Winfrey(??)

The cover letter reads as follows:

"You have asked...yada, yada, yada and terminate your contract. Based on your request, we have temporarily put sales of your book on hold."
OMG when did they ever start selling my book is what I'd like to know. I still get two or three e-mail solicitations a week. Anyway...
"Before we make discontinuation of sales permanent, however, we require that you sign the enclosed ..." Yaaa!!
So I eagerly read the SETTLEMENT AGREEMENT AND RELEASE.

RECITALS
WHEREAS, yada, yada, yada...to the 14 January 2008 agreement("Publishing Contract").
WHEREAS, all parties are desirous of terminating the Publishing contract.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:Wrap your head around that one will 'ya?
1.Release
"In consideration of the agreements...Author on behalf of himself and his assigns, heirs, administrators, executors, trustees, agents, and represenatives, hereby fully and forever releases, remises, acquits and discharges Publisher and..."My brain hurts already!! "its predecessors, successors, assigns, affiliates, trustees, directors, officers, employees, partners, attorneys, and agents..."Migrain, migrain!!
"from any and all claims of any kind or character, at law or in eqity, whether known or unknown, accrued (?) or not, present or future, in connection with, arising out of or in any way involving the Contract including any pre-contract representations." This guy is really getting his moneys worth!

2.Transfer of Publication Rights and Release of Publication Obligations
Upon Author's compliance with his obligations in paragraph 3 herein, all terms of the Publishing Contract except the forum selection provisions are deemed terminated and of no further force or effect. "All yada,yada,yada... under the Publishing contract." Come on! ALL except? Then that's not All in my book!
"Publisher shall not be liable to Author for sales of copies of the Book which were printed prior to the termination of the publication rights or resales of books printed and sold by PA prior to such termination."
So you kind folks who are complaining that PA continued to sell your book after your contract was released or expired. Here is your answer. My question is why have they printed books when three Royalty statements in a row say that I haven't sold any. Why haven't they paid me royalties on 10 copies book sellers have told me they have bought and have on hand? Any way...

3. Confidentiality and non-disparagement provision
This is where it gets interesting folks!
"Author agrees that he, his agents, attorneys, employees or family members will only represent that the relationship between Author and Publisher was "dissolved amicably" and will not disparage Publisher in any manner whatsoever, or host, maintain and/or post a message to any Internet web sites and/or message boards in which the content disparages or mentions Publisher in any manner whatsoever; Author will also remove any messages posted by him on the internet or in any other forum concerning Publisher." Are you kidding me? A gag clause!
"Author acknowledges that the breach of this provision will give rise to irreparable injury to the Company inadequately compensable in damages. "Accordingly, the Company..." Where did the Publisher go? "may seek and obtain injunctive relief against the breach or threatened breach of the undertakings set forth herein,..." ..."Author ... are necessary for the protection of the Company's legitimate business interest and are reasonable in scope and content."
Well thats as far as I wanted to read. There is more but its redundant. I was fooled by these silver tounged devils once but it will not happen again.

Needless to say I accomplished what I set out to do. I can bury my dead book and get on with the business of putting my package together for the KY AG. Now I have their official document to include.

SO! Get out the cookies and popcorn. We have reason to celebrate. Dave if you want a copy of this pathetic attempt to shut me up I'll send you one. For the PA wallflys: where are your morals and principles? Why can't you just say "here is your book back. Goodby!"? Your rediculious disclaimers are second only to the major pharmacutical companies.

I'll continue my quest for justice. They have reinspired me. Thank you and goodnight,this narcolepticgi is headed for the comforts of his dragonden.