HomeMy WebLinkAbout07-0508IN THE COURT OF COMMON PLEAS OF
f CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff CIVIL ACTION rLLAW
V. NO. C)"t -- 9
B.C. MCALLISTER PAVING INC.
Defendant
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by
entering a written appearance personally or by attorney and filing in writing with the Court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so, the case may
proceed without you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE
A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street, Carlisle, Pennsylvania
717-249-3166
I(
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff
V.
B.C. MCALLISTER PAVING INC
Defendant
CIVIL ACTION - LACOLL
WNO. 07 ,
.
COMPLAINT
1. Plaintiff is a Pennsylvania limited liability company with a principal place of
business located at 234 Union Street, Millersburg, PA 17061.
2. Defendant is a Pennsylvania corporation with a business address of 5140
Erbs Ridge Road, Mechanicsburg, PA 17050.
3. On or about September 21, 2005, the Defendant executed a contract for the
purchase of radio advertising at the terms and conditions agreed upon by the parties, as is
more specifically shown by a true and correct copy of said contract marked as Exhibit "A"
and made a part hereof.
4. Beginning in September 2005 and on a regular basis thereafter the Plaintiff
broadcast radio advertising pursuant to the terms of the aforementioned contract and as
approved by the Defendant, as is more specifically shown by Plaintiff's Statement of
Account a true and correct copy of which is attached hereto, marked as Exhibit "B" and
made a part hereof.
5. Defendant accepted and received the aforementioned services and the
benefits therefrom.
6. The prices charged by the Plaintiff were the fair, reasonable and market prices
that prevailed at the time(s) of the transaction.
7. The prices charged by Plaintiff were the prices that the Defendant agreed to
pay.
8. Plaintiff avers that all conditions precedent to the Defendant's duty of
performance under said said agreement have occurred.
/
9. Plaintiff avers that the balance due amounts to $17,324.03, said balance
continues to accrue interest at the rate of 18% per annum.
10. Per the terms of the contract, the Defendant has agreed to pay to the Plaintiff
all attorney's fees incurred in the collection of monies owing, which Plaintiff avers will amount
to 20% of the balance due.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully
failed and refused to pay the amount due Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount
of $17,324.03, with appropriate additional interest from November 28, 2006, plus
attorney's fees and costs.
Respectfully submitted,
. Chad Moore, Esquire
270 Market Street
Millersburg, PA 17061
(717) 692-5533
Attorney for Plaintiff
VERIFICATION
of
Plaintiff herein,
verify that the statements of fact contained in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA
C.S.A. Section 4904 relating to unsworn falsification to authorities.
I,
Date:
Ain
Title "?
? V/
PROGRA91%i.ITLE/PACKAGE
F,. ^"k (` emu. F / _ .' i, ?,.i^" `„ ??^'`sr ?`•.
START DATE END DATE'
' RAT
D #
Y E
i
CUSTOMER TYPE GRID #
PRODUCT/CODE CUSTOMER #
CO-OP DESCRIPTION`-'"°.'- PROGRAM #
AFFIDAVIT ? Yes d No CA 4T CUSTOMER NO.
CCOUNT
m W A
O Vf
98.9 REP/NO.
WQLV-FM
DATE
234 Union Street P.O. Box 158 Millersburg, PA 17061 (717) 362-1099 FAX (717) 692-2080
Advertiser
/Address:
(Agency) Customer
Send Invoice To: ? Agency FO;Advertiser city',
•?_._.. State 2110 ,
Contact 14 > Phone ( ) f
-?
? LIVE COPY ? LIVE TAG ? COPY IN ? WRITE COPY
? COPY APPROVED ? PRODUCTION APPROVED
? CASSETTE ? CART
? IN STUDIO ? REMOTE
/
? REEL/REEL
? SATELLITE
? NEW BUSINESS ? RENEWAL ? MAKE GOOD
? SUPERSEDES ? CANCELLATION
? POLITICAL ? TRADE
? PROGRAM ? COMMERCIAL ? SPORTS
WEEK OF TIME LENG. RATE PER WEEK MTES DAYS 71MES WED T1411 FRI d 1`1/'117-Innlnl mlr/1ne?nrr?nr
TALENT CHARGES
REMOTE CHARGES
LINE CHARGES
ADDITIONAL CHARGES.
,,.TOTAL AGREEMENT
,?,, • •?`,..?" ?=- .e a A. r.
r rF;? ? /
r
{
EXHIBIT A
1. This offer becomes a binding contract upon acceptance by General Manager of Station or his authorized agent.
2. Bills shah be rendered monthly and shall be due and payable within ten (10) days from the date of invoice. Eighteen percent (18%) interest per annum will be charged on delinquent accounts.
3. Station shall have the right to cancel this contract upon default by advertiser in the payment of bills of other material breach. Upon cancellation all broadcasting done hereunder and not paid shall become immedi-
ately due and payable at the earned rate. Advertiser shad pay aN attorney's fees in the event legal action is necessary to enforce this agreement or any of the terms thereof. i
4. Contract subject to short rate, or rebate, by earned frequency.
5. Political and entertainment advertising - cash in advance.
6. Advertiser shall hold Station and Its agents, employees and officers, harmless against liability for libel. slander. illegal competition or trade practice, infringement of trademarks. trade names or program files. violation of rights
of privacy and infringement of copyrights and proprietary rights resulting from the broadcasting of broadcasts herein provided in the form furnished by advertiser. Advertise, worronis that all advertising copy submitted to
Station will truly represent the product or services advertised and will be free from false claims or ossertions. .,_.
Account Executive _ Advertiser
Accepted For Station Title ' Date
MIP-7048
WQLV-FM STATEMENT OF ACCOUNT
WQLV-FM LOVE 98.9 Account ID: 0048
PO BOX 158 Statement Date: 11/28/2006
MILLERSBURG, PA 17061 Account Rep: Ric Cooper
PHONE: 717/362-1099 1-877-362-1099
Please Pay This Amount $17,324.03
Amount Paid:
B.C. MCALLISTER
5140 ERBS B RIDGE ROAD
MECHANICSBURG, PA 17050
PAYMENT TERMS: KINDLY REMIT PAYMENT
IN FULL BEFORE THE 20TH OF THE MONTH.
THANK YOU FOR ALLOWING US TO SERVE
Sponsor: B.C. Mcallister YOU!
Reference
Date
Type
Description
Amount Page 1
Balance
BalForward 7/1/2006 Bal Balance Forward as of 6/30/2006 6,891.76 6,891.76
06070002.01 7/1/2006 FIN WQLV-FM Finance Charge 6/2/2006-7/1/2006 413.74 7,305.50
06070316
06070316 7/28/2006
7/28/2006 PMT
PMT Payment Check 1972 on Inv 06010010 B.C. M 0.00 7,305.50
Payment Check 1972 on Inv 06040188 B.C. M -2,000.00 5,305.50
06070348 7/30/2006 INV Invoice: WQLV-FM 0048-002 B.C. Mcallister \a 2,399.00 7
704
50
[1-Package / 30-00:10 Spots / 30-00:60 Spons ,
.
06070350 7/30/2006 INV Invoice: WQLV-FM 0048-009 Football 2006-Co 500.00 8
204
50
[1-Package] ,
.
06070352 7/30/2006 INV Invoice: WQLV-FM 0048-011 Millersburg Firew 0.00 8
204
50
[6-:30 Spots] ,
.
06070354 7/30/2006 INV Invoice: WQLV-FM 0048-012 Pillow Carnival 0.00 8
204
50
[5-:30 Spots] ,
.
06070356 7/30/2006 INV Invoice: WQLV-FM 0048-013 Ned Smith Days 0.00 8
204
50
[5-:30 Spots] ,
.
06080002.00 8/1/2006 FIN WQLV-FM Finance Charge 7/2/2006-8/1/2006 79.45 8,283.95
06080162 8/27/2006 INV Invoice: WQLV-FM 0048-002 B.C. Mcallister \a 2,399.00 10
682
95
[1-Package / 24-00:10 Spots / 24-00:60 Spons ,
.
06080164 8/27/2006 INV Invoice: WQLV-FM 0048-009 Football 2006-Co 500.00 11
182
95
[1-Package] ,
.
06080166 8/27/2006 INV Invoice: WQLV-FM 0048-010 Football 2006 - G 231.00 11,413.95
Continued
Current 31-60 Days 61-90 Days 9ys 121+ Days Total Due
198.16 2,862.33 2,849.59 8,204.50 17,324.03
WQLV-FM STATEMENT OF ACCOUNT
Sponsor: B.C. Mcallister
Reference Date
Type Account ID: 0048
Statement Date: 11/28/2 Page 2
Description Amount Balance
[1-Package]
06090148 9/24/2006 INV Invoice: WQLV-FM 0048-002 B.C. Mcallister \a 2,399.00 13,812.95
[1-Package / 23-00:10 Spots / 23-00:60 Spons
06090150 9/24/2006 INV Invoice: WQLV-FM 0048-010 Football 2006 - G 231.00 14,043.95
[1-Package / 21-:30 Spots]
06090462.00 9/25/2006 FIN WQLV-FM Finance Charge 8/2/2006-9/25/200 219.59 14,263.54
06100188 10/29/2006 INV Invoice: WQLV-FM 0048-002 B.C. Mcallister \a 2,399.00 16,662.54
[1-Package / 12-00:10 Spots / 12-00:60 Spons
06100190 10/29/2006 INV Invoice: WQLV-FM 0048-010 Football 2006 - G 231.00 16,893.54
[1-Package / 15-:30 Spots]
06100552.00 10/29/2006 FIN WQLV-FM Finance Charge 9/26/2006-10/29/2 232.33 17,125.87
06110329.01 11/27/2006 FIN WQLV-FM Finance Charge 10/30/2006-11/27/ 198.16 17,324.03
Statement Total: 17,324.03
EXHIBIT B
Please Pay This Amount
17,324.03
Current 31-60 Days 61-90 Days 91-120 Days 121+ Days Total Due
198.16 2,862.33 2,849.59 3,209.45 8,204.50 17,324.03
b w l/_: ??
-? __ ri,
0 60
d/
UPOD RADIO, LLC DB/A
WQLV-FM LOVE 98.9,
Plaintiff,
V.
B. C. MCALLISTER PAVING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 07-508
CIVIL ACTION- LAW
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW, this 15th day of March 2007, comes the Defendant, B.C. McAllister Paving,
Inc., by and through its undersigned attorneys, McShane & Hitchings, LLC, and Joseph L.
Hitchings, Esquire, and answers Plaintiff's Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Defendant is without sufficient knowledge or information to form a belief as to the
avenments of Paragraph 4, so the same are denied and strict proof thereof is demanded at trial. By
way of answer, Defendant admits that Plaintiff has attached as Exhibit "B" a Statement of
Account, however, Defendant is not able to admit or deny whether the advertisements aired as
stated on the Statement of Account.
5. Denied. For the reasons stated in Paragraph 4 above, the averments in Paragraph 5 are
denied.
6. Defendant has no knowledge whether the prices charged by the Plaintiff were fair,
reasonable and the market prices that prevailed at the time of the transaction, so accordingly, the
same is denied and strict proof thereof is demanded at trial.
7. Denied based on answer to Paragraph 4 above.
8. The averments of Paragraph 8 constitute conclusions of law to which no responsive
pleading is required. To the extent that the averments are deemed factual in nature, it is denied
that all conditions precedent to the Defendant's duty of performance under the alleged agreement
have occurred.
9. Denied. It is denied that the Defendant owes the amount as set forth in Paragraph 9, or
that interest continues to accrue at the rate of eighteen (18%) percent annum. By way of further
answer, it is believed and therefore averred that Plaintiff has not given credit to the Defendant for
some payments made.
10. Denied. It is denied that the Defendant owes the Plaintiff attorney's fees but at the same
reasonable period.
11. Denied. For the reasons set forth in Paragraphs 4 and 9 hereof, it is denied that the
Defendant owes the amount alleged due by the Plaintiff.
WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff on the
Complaint.
Respectfully Submitted,
Date: 3 --1 S- n -7
Attorney ID# 65551
4807 Jonestown Road, Suite 1
Harrisburg, PA 17109
Telephone: 717-657-3900
Attorney for Defendant
McShane & Hitchings, LLC
VERIFICATION
I, Brad McAllister, of B.C. McAllister Paving, Inc., am authorized to make this
verification. I verify that the statements made in this Defendant's Answer to Plaintiffs
Complaint are true and correct to the best of my knowledge. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to
authorities.
-S I I Sr- 6-7
Date
ABradMcAlster
B.C. McAllister Paving, Inc.
UPOD RADIO, LLC D/B/A
WQLV-FM LOVE 98.9,
Plaintiff,
V.
B. C. MCALLISTER PAVING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 07-508
CIVIL ACTION- LAW
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person(s) and in the
manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure.
Service via First Class US Postal Services
J. Chad Moore, Esquire
270 Market Street
Millersburg, PA 17061
Dated: March -t-L-, 2007
I
kkph L. Hitchin Esq 're
Attorney ID No. 65 1
4807 Jonestown Road, uit 148
Harrisburg, PA 17109
Telephone: (717) 657-3900
Attorney for Defendant
.t Ln
pit,
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00508 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UPOD RADIO LLC DBA WQLV FM LOV
VS
BC MCALLISTER PAVING INC
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BC MCALLISTER PAVING INC the
DEFENDANT
at 1545:00 HOURS, on the 5th day of February , 2007
at 5140 ERBS RIDGE ROAD
MECHANICSBURG, PA 17050
BRAD MCALLISTER
by handing to
OWNER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.32
Postage .39
Surcharge 10.00
.00
40.71
C?,
d?/?lo ?
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
02/06/2007
J CHAD MOORE
By.
Deputy ShEl7i ff
A. D.
UPOD RADIO, LLC DB/A : IN THE COURT OF COMMON PLEAS
WQLV-FM LOVE 98.9, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO: 07-508
B. C. MCALLISTER PAVING, INC., : CIVIL ACTION- LAW
Defendant
AMENDED CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person(s) and in the
manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure.
Service via First Class US Postal Services
J. Chad Moore, Esquire
270 Market Street
Millersburg, PA 17061
Dated: April q '2007
Attorney ID No. 65551
4807 Jonestown Road, Suite
Harrisburg, PA 17109
Telephone: (717) 657-3900
Attorney for Defendant
r.a
Ct' 3>
a -?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff CIVIL ACTION - LAW
V. NO. 07-508
B.C. MCALLISTER PAVING INC.,
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
J. Chad Moore, Esq., counsel for PLAINTIFF in the above action, respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of the-Plaintiff in the action is $17,324.03.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified
to sit as arbitrators: JOSEPH L. HITCHINGS, ESQ.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators
to whom the case shall be submitted.
Res ct "omitted,
J.' C ad`Wdore, Esq.
Attorney for Plaintiff
270 Market Street
Millersburg, PA 17061
(717) 692-5533
AND NOW, , 2007, in consideration of the foregoing petition,
Esq., Esq., and Esq. are appointed arbitrators in the
above-captioned action as prayed for.
By the court,
J
-44
a
?
•? wLo
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff CIVIL ACTION - LAW
V. NO. 07-508
B.C. MCALLISTER PAVING INC.,
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
J. Chad Moore, Esq., counsel for PLAINTIFF in the above action, respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of the,Plaintiff in the action is $17,324.03.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified
to sit as arbitrators: JOSEPH L. HITCHINGS, ESQ.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators
to whom the case shall be submitted.
Attorney for Plaintiff
270 Market Street
Millersburg, PA 17061
(717) 692-5533
?f
AND NOW, mss, a. ,sq.2007, ' consideration of the foregoing petition,
Esq., "96 E, and d R Esq. are appointed arbitrato in the
above-captioned action as prayed for.
By e c ,
v ? CAA 1 Pi
N
`4Z
LIJ 1 ?
Ll-
0 cc'v U
mr
mill
'
rte, ...? -
t
M
/
yy -q?
yy
y
777
25
UPOD RADIO, LLC,
d/b/a WQLV-FM LOVE 98.9
Plaintiff
V.
B.C. MCALLISTER PAVING INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-508 CIVIL TERM
CIVIL ACTION - LAW
PETITION TO VACATE ARBITRATOR
1. On or about June 29, 2007 arbitration was scheduled for Thursday, August 23, 2007 at
9:00 a.m. in the second floor hearing room of the Old Cumberland County Courthouse
wherein Galen R. Waltz was appointed as an Arbitrator.
2. Galen R. Waltz represents Mike Crouse in a case that involves an Emergency Petition
for Special Relief filed on behalf of Mike Crouse; by Order of Court dated August 9, 2007
a hearing for the aforesaid petition was set for Thursday, August 23, 2007 at 9:30 a.m.
before the Honorable Judge Hess.
3. Attorney James M. Robinson, Esquire, employed the same as Petitioner at Turo Law
Offices is available for the Thursday, August 23, 2007 9:00 a.m. Arbitration hearing and
he is willing to substitute for the undersigned.
WHEREFORE, the Petitioner requests his appointment as an Arbitrator in the above case
be vacated and that The Honorable Court appoint James M. Robinson as a replacement
Arbitrator.
Respectfully submitted,
28 S. Pitt Street
Carlisle, PA 17013
(717) 245-9688
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Petition to Vacate Arbitrator by first class, postage pre-paid and depositing same in
the United States Mail, first class, postage pre-paid on the day of
2007, from Carlisle, Pennsylvania, addressed as follows:
Carol L. Lindsay
Saidis, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Murrel R. Walters, III, Esquire
54 E. Main Street
Mechanicsburg, PA 17055
J. Chad Moore, Esquire
270 Market Street
Millersburg, PA 17061
Joesph L. Hitchings, Esquire
4807 Jonestown Road
Suite 148
Harrisburg, PA 17109
TURO LAW OFFICES
Galen R. Waltz, Es ' e
28 South Pitt Stre
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
90 :1 Hj ? I vFl"', LC l
' Hi JO
AUG 141UU/?
UPOD RADIO, LLC,
d/b/a WQLV-FM LOVE 98.9
Plaintiff
V.
B.C. MCALLISTER PAVING INC
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-508 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this /`day of QY? , 2007, in consideration of the
foregoing Petition, Esquire is appointed as a
replacement Arbitrat in the above captioned action as prayed for.
BY THE COURT,
CA
Edgar B. Bayley P.J.
Cc: a
len R. Waltz, Esquire
X
Xarol L. Lindsay, Esquire
?dlurrel R. Walters, NI, Esquire
Chad Moore, Esquire
,yIesph L. Hitchings, Esquire
k
>--
y/4,w
f fit ? ?
n
Ll-
may,,
0
?
N
LC.- of _ ommon Pleas of Cumberland
Plaintiffv
County, Penns vania No.
Defendant Civil Action - Law.
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the 'ted
States and the Constitution of this Commonwealth and that we will discharge the duties of our ffice
with fidelity.
11 ature 1 ignatare Signature
04vn L 1, e I A.5- C'I ;111
Name (Chairman) Name Name
J -FJ aA I %-;I ro CALA.; 0 ?k LA7,
A 'T
Law Firmaw Firm
r ?
A ess
s fx,
city, zip
* ldgaq
a Y 6t, ,T-VA R -Tr 5"-,e-e-r
Address
r?.? . PA or"13
zip
City# 10181q
i
Award
Law Firm
,r ix Sr
Address
/16Z Lll011 ''K( 5-4J11e"
City, zip
4 0913
,?zZk)
Notice o Entry of Award
Now, the _ day of 8epiemler , 2001 , at 8:1 b , A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
r-bitrators' ce::111ensation to be paid upon appeal: S WD. Od
By.
7?otary
Date of Hearing: Z
Deputy
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
q"+? orb
?.. a
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff CIVIL ACTION - LAW
V. NO. 07-508
B.C. MCALLISTER PAVING INC.,
Defendant
PRAECIPE FOR JUDGMENT ON ARBITRATION AWARD
TO THE PROTHONOTARY:
Enter Judgment on the arbitration award entered in these proceedings in favor of
UPOD Radio, LLC d/b/a WQLV-FM Love 98.9 and against B.C. McAllister Paving,
Inc. in the amount of $17,324.03 with interest of eighteen percent (18%) per annum from
November 28, 2006 and attorney's fees in the amount of $3,464.81 and costs.
Respectfully submitted,
J. Chad Moore, Esq.
Attorney for Plaintiff
270 Market Street
Millersburg, PA 17061
(717) 692-5533
r
1
r. 0%
?P D L LC, d- t!m Yv ommon Pleas of Cumberland
Plain ' ' ? ?
County, a nia No.0--
t -U
? Defendant Civil Action - Law.
F3' 14"??? ???Gt,vll?l
5
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the 'ted
States and the Constitution of this Commonwealth and that we will discharge the duties of our =ce
with fidelity.
Signature
AILS
Name (Chairman) Name Name
Law Firm
,2? UJ, 4, qA ??i-
A ess
s
?)4 ix
City, *
0-ro
r Firm
Qt Y " P. Ti 57xe-T
Address
(?r( %s le. PA 1.7 y 13
City, zip
Law Firm
Address
city, zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmad), make the
following ^award• ote: If damages for delay are awarded, they shall be sepo ately oted.)
I a?
"Z2
. Arb'trd(or, dissents. (Inser#/name if plicable.)
Date of Hearing: S. -2
MM
Date of Award:
Nodce of Entry of Award
Now, the q_ day of & r,20-0-1---,at 5:11 , A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: S 350.000 1 *^' CORI FROM RECORD
W", I here unto get my han,
end ft ? of said Court at Cubits, Pz.
By: * o7Qo1.
ro otary
o
?? n
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff
V.
B.C. MCALLISTER PAVING INC.,
Defendant
NOTICE OF JUDGMENT
(x) Notice is hereby given that a Judgment in the above-captioned matter has been
entered ag inst you in the amount of $17,324.03, plus interest, costs and attorney's fees
on en_ 7 , 2007.
( x ) A copy of all documents filed with the Prothonotary in support of the within judgment
is/are attached.
If you have any questions regarding this Notice, please contact the filing party.
Date: ?< (C °- CIVIL ACTION - LAW
NO. 07-508
ad Moore, Esq.
Attorney for Plaintiff
270 Market Street
Millersburg, PA 17061
(717) 692-5533
This Notice is given in accordance with Pa. R.C.P. 236
NOTICE SENT TO
Joseph L. Hitchings, Esquire
4807 Jonestown Road, Suite 148
Harrisburg, PA 17109
UPOD RADIO, LLC d/b/a Commonwealth of Pennsylvania
WQLV-FM LOVE 98.9,
Plaintiff,
V. County of Cumberland
B.C. MCALLISTER PAVING, INC.
Defendant. Docket No. 07-508
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue writ of execution in the above matter, directed to the sheriff of
Cumberland County:
(1) against B.C. MACALLISTER PAVING, INC. defendant[s]
5140 E rbs 9-(C c p- Rod-d- McC41. PA )-7,D50
(2) against garnishee[s]
REAL DEBT $17,324.03
INTEREST $2,845.50 lev4 upon propel 4 +V\-- d4endanis
From 11/28/06 and `-p '°.l' d,,o?„"&A-% (njp.X1? t ?re.in
ATTORNEY'S FEES $3,464.81 ?f?
COST PAID:
Prothonotary $114.50
SHERIFF $40.71
STATUTORY $
COSTS DUE $TBD
i'
Moore, Esquire
270 Market Street
Millersburg, PA 17061
717-692-5533
Attorney for Plaintiff[s]
0 0' C4 -2 cn 0 0 A '1 $ e° r s t?
o oOID o t {
ro
Q
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-508 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UPOD RADIO LLC d/b/a WQLV-FM LOVE 98.9,
Plaintiff (s)
From B.C. MCALLISTER PAVING, INC., 5140 Erbs Ridge Road, Mechanicsburg, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell property of the defendat
and to sell defendant interest therein.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she hasl, been added as a
garnishee and is enjoined as above stated.
Amount Due $17,324.03
Interest from 11/28/06 -- $2,845.50
Atty's Comm %
Atty Paid $160.71
Plaintiff Paid
Date: 12/07/07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
s R. Long, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name J. CHAD MOORE, ESQUIRE
Address: 270 MARKET STREET
MILLERSBURG, PA 17061
Attorney for: PLAINTIFF
Telephone: 717-692-5533
Supreme Court ID No.
UPOD RADIO, LLC d/b/a
wQLV-FM LOVE 98.91
Plaintiff,
V.
B.C. MCALI-ISTEX PAVING, INC.
Defendant.
in the Court of Common Pleas
Cumberland County, Pennsylvania
Docket No. 07-508
PRAECIPE TO REISSUE WRIT OF EXECUTION
TO THE PROTHONOTARY:
Writ of Execution, directed to the Sheriff rtaont? ???d from
Kindly reissue thew 464.81. Said amount was inadv
County, to account for the amount of $3, ,s office.
the prior writ due to a clerical error in the Prothonotary
Date: S Z-7 Q
d
J. Chad Moore, Esquire
270 Market Street
Millersburg, PA 17061
717-692-5533
Attorney for Plaintiff
RE.=ss c
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
TY O
NO 07-508 Civil
CIVIL ACTION - LAW
COUN
AND COUNTY LV-FM LOVE 98.9,
TO THE SHERIFF OF CUMBE and IO LLC d/bla WQ
To satisfy the debt, interest and costs due UPOD RAD PA 17050
Plaintiff (s) 5140 Erbs Ridge Road, Mechanicsburg,
LISTER PAVING, INC., property of the defendant
From B.C. MCAL
(1) You are directed to levy upon the property of the defendant (s)and to sell and to sell defendant interest therein of the defendant(s) not levied upon in the possession
.
(2) You are also directed to attach the property
of
GARNISHEE(S) as follows:
b the garnishee(s) is enjoined from
en issued; erty of the defendant
amishee(s) that: (a) an attachment has and from delivering any prop
and to notify the g
debt to or for the account of the defendant (s in the possession
paying arty
(s) or otherwise disposing thereof; not levied upon an subject to attac]une that he/she has been added as a
(3) If property th the defendant(s) you are directed to notify him/her
of anyone other than a named garnishee, y
garnishee and is enjoined as above stated.
L.L.
Amount Due
Interest
Atty, s Comm $3,464.81 %
Atty Paid
Plaintiff Paid
Date: 12/07/07
(Seal)
Due Prothy
Other Costs
kiq".Long, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name J. CHAD MOORS, ESQUIRE
Address: 210 MARKET STREET
MILLERSBURG, PA 17061
Attorney for: PLAINTIFF
Telephone : 717-692-5533
Supreme Court ID No.
t?
' R?
?' v
R ? 2
-f-
-? o0
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED. _~ -
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
Bad Check Charge
Postage
TOTAL $
18.00
346.48
10.00
.50
2.00
21.12
20.00
20.00
82
438.92 ? 3 f ?[,?0 8
Pd by Defendant
So Answers;
roa-4worle el", -
R. Thomas Kline, Sheriff
By. Claudia A. Brewbaker
CK? L 303
c
v
0
R-* 0?64 74s-
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-508 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UPOD RADIO LLC d/b/a WQLV-FM LOVE 98.9,
Plaintiff (s)
From B.C. MCALLISTER PAVING, INC., 5140 Erbs Ridge Road, Mechanicsburg, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell property of the defend at
and to sell defendant interest therein .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $17,324.03
Interest from 11/28/06 -- $2,845.50
Atty's Comm %
Arty Paid $160.71
Plaintiff Paid
Date: 12/07/07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
oil I k.
u 's R. Long, Prothonotary
By: -
Deputy 01
REQUESTING PARTY:
Name J. CHAD MOORE, ESQUIRE
Address: 270 MARKET STREET
MILLERSBURG, PA 17061
Attorney for: PLAINTIFF
Telephone: 717-692-5533
Supreme Court ID No.
DISTRIBUTION
ATTY FOR PLTFF: J. Chad Moore
WRIT NO. 2007- 508 Civil
UPOD Radio LLC, d/b/a WQLV-FM Love 98.9
-vs-
B.C. McAllister, Paving, Inc.
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 17,324.03
2,845.50
160.71
$ 20,330.24
Sheriff's Costs:
Docketing $ 18.00
Poundage 346.48
Posting Sale Bills
Law Library .50
Prothonotary 2.00
Service 21.12
Postage .82
Advertising 10.00
Postpone Sale
Bad Check Charge
Surcharge 20.00
Garnishee
Levy 20.00
TOTAL $ 438.92
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff. $
Refund of Adv. Costs
Pd. To Prothonotary
20,330.24
150.00
2.50
$ 20,769.16
150.00
$ 20,919.16
So r
poll,
'R. Thomas Kline,
Sheriff
ByC?j I -7t 6e?l
UPOD RADIO, LLC DB/A : IN THE COURT OF COMMON PLEAS
WQLV-FM LOVE 98.9, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO: 07-508
B. C. MCALLISTER PAVING, INC., CIVIL ACTION- LAW
Defendant
MOTION TO STAY AND/OR QUASH WRIT OF EXECUTION
AND NOW, this 13th day of May 2007, comes the Defendant, B.C. McAllister Paving,
Inc., by and through its undersigned attorney, Joseph L. Hitchings, Esquire, and and moves to
stay and/or quash Plaintiffs Re-Issued Writ of Execution, and avers in support thereof as follows:
1. Plaintiff initiated this action against Defendant to recover fees for advertising spots run
by Plaintiff.
2. Upon agreement of the parties, an arbitration award was entered against Defendant in the
amount of $17,324.03 plus interest at 18% per annum from November 28, 2006, and
costs and attorney's fees.
3. On December 7, 2007 Plaintiff's counsel recorded the Judgment in the Cumberland
County Prothonotary's office for $17,324.03 with interest at 18% per annum from
November 28, 2006, and attorney's fees in the amount of $3,464.81.
4. On December 7, 2007 Plaintiff filed for a Writ of Execution on the judgment against
the Defendant in the total amount of $20,769.16. A true and correct copy of the Writ is attached
hereto as Exhibit "A".
5. After receiving notice of the Writ of Execution Defendant paid the judgment off in full to
the Cumberland County Sheriffs office in the amount of $20, 769.16. A true and correct
copy of the receipt for the payment is attached hereto as Exhibit "B".
6. Plaintiff subsequently filed to Re-Issue Writ of Execution seeking to add additional
attorney's fees to the judgment. Said Writ was served on the Defendant on April 23, 2008
7. The judgment amount listed in the original Writ of Execution has been paid in full .
WHEREFORE, Defendant respectfully requests that this Honorable Court stay or quash
Plaintiff's Re-Issued Writ of Execution and direct that the judgment be marked satisfied.
Respectfully Submitted,
HITCHINGS LAW OFFICE
Date: I - nY'
oseph L. 11itchings' "sq '1
Attorney ID# 65551
5000 Ritter Road, Suite 20:
Mechanicsburg, PA 17055
Telephone: 717458-8123
Fax: 717-790-6019
Attorney for Defendant
VERIFICATION
I, Brad McAllister, of B.C. McAllister Paving, Inc., am authorized to make this
verification. I verify that the statements made in this Motion are true and correct to the best of
my knowledge. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to authorities.
r
Date
Brad McAllister
B.C. McAllister Paving, Inc.
EXHIBIT "A"
COMMONWEALTH OF PENNSYLVANIA) NO 07-508 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UPOD RADIO LLC d/b/a WQLV-FM LOVE 98.9,
Plaintiff (s)
From B.C. MCALLISTER PAVING, INC., 5140 Erbs Ridge Road, Mechanicsburg, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell property of the defendat
and to sell defendant interest therein.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $17,324.03 L.L. $.50
Interest from 11/28/06 - $2,845.50
Atty's Comm % Due Prothy $2.00
Atty Paid $160.71 Other Costs
Plaintiff Paid f 1
0,0
Date: 12/07/07 1
dui,?
rtis R. Long, Prothonotary
(Seal) 1j By:
/?
UbWt eY`IQ1r1C ?ou tin Deputy
REQUESTING PARTY: mly ? C r l t t
Name J. CHAD MOORE, ESQUIRE
Address: 270 MARKET STREET
MILLERSBURG, PA 17061
Attorney for: PLAINTIFF
Telephone: 717-692-5533
Supreme Court ID No. TVWX CM, MM R OW
A T90mywliwd, I io wa* my harm
end set of said Clam Attu". Pt.
&ft- 7
EXHIBIT "B"
RECEIPT FOR PAYMENT
Cumberland County Pennsylvania Receipt Date 03/13/200E
nanover and High Street Receipt. Time 12:3409
Carlisle, PA 17013 Receipt No. 337544
UPOD RADIO LLC DBA WQLV FM LOV (VS) BC MCALLISTER PAVING INC
Case Number 2007-00508 P
Service Info
Remarks PAID BY BC MCALLISTER PAVING
INC
Total Check... + 20,769.16 Number 68548
Total Cash.... + .00
Cash Out...... - .00
Receipt total. = 20,769.16
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
ADVANCE PAYMENT 20,769.16 MOORE J CHAD ATTORNEY AT LP
20,769.16
UPOD RADIO, LLC DB/A : IN THE COURT OF COMMON PLEAS
WQLV-FM LOVE 98.9, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO: 07-508
B. C. MCALLISTER PAVING, INC., CIVIL ACTION- LAW
Defendant
CERTIFICATE OF SERVICE
I, Joseph L. Hitchings, Attorney for the Defendant do hereby certify that I served a true
and correct copy of the attached Motion via first class US Mail, postage prepaid on Plaintiff's
counsel as follows:
J. Chad Moore, Esquire
270 Market Street
Millersburg, PA. 17061
Respectfully Submitted,
HITCHINGS LAW OFFICE
Date: S - 3 -n-y-
seph L. 'ngs; Esquire
Attorney ID# 65551
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone: 717-458-8123
Fax: 717-790-6019
Attorney for Defendant
?
t
r
-- t"C7
MA114 2008 A41
UPOD RADIO, LLC DB/A : IN THE COURT OF COMMON PLEAS
WQLV-FM LOVE 98.9, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO: 07-508
B. C. MCALLISTER PAVING, INC., CIVIL ACTION- LAW
Defendant
ORDER
And now this 124- day of May, 2008, a Rule is hereby issued on the Plaintiff to show
cause, if any they have, as to why the relief sought in Defendant's Motion should not be granted.
Rule returnable within Lo days of service hereof.
By the urt:
J.
!l - D
54 yip - r
1 cw $3 M
1-7. d
ll.
go/trlx
o?
3,lqi JO
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff CIVIL ACTION - LAW
V. NO. 07-508
B.C. MCALLISTER PAVING INC.,
Defendant
PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO
STAY AND/OR QUASH WRIT OF EXECUTION
NOW comes Plaintiff, by and through its undersigned counsel, and responds to
Defendant's Motion to Stay and/or Quash Writ of Execution as follows:
Plaintiff filed a Praecipe for Writ of Execution in accordance with the judgment
entered by the arbitration panel. Said Praecipe included the actual debt, an amount for
current interest which continued to accrued, attorney's fees in the amount of $3,464.81 as
agreed, and costs. A true and correct copy of said Praecipe is attached at Exhibit "A".
2. Although Plaintiff had attached a properly complete Writ of Execution form to
its Praecipe, the Prothonotary's office transferred the information from the Praecipe to its
own Writ of Execution form. A true and correct copy of the Writ of Execution form as
completed and filed by the Prothonotary is attached as Exhibit "B".
3. In transferring the information from Plaintiff's Praecipe, the Prothonotary failed
to include the amount of $3,464.81 for attorney fees. The section labeled "Atty's Comm"
does not include an amount..
4. The erroneous Writ of Execution was forwarded to the Sheriff, who collected
the incorrect amount on the Writ.
5. Upon receipt of funds from the Sheriff's Office, Plaintiff's attorney determined
that the Prothonotary's office had failed to issue an accurate Writ to the Sheriff and was
instructed to file a Praecipe to Reissue the Writ so the Prothonotary could correct the error in
order for Plaintiff to collect the remaining $3,464.81 due on the judgment, which had not
been satisfied by the previous payment.
6. The judgment amount listed on the original Writ was incorrect due to the
Prothonotary's error, thus even though Defendant paid that amount Plaintiff's judgment has
not been satisfied.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss
Defendant's Motion to Stay and/or Quash Plaintiff's Re-issued Writ of Execution and direct
that the Sheriff proceed with the Sheriff's Sale as scheduled.
Date:_
Respectfu mitted,
J. had Moore, Esq.
Attorney for Plaintiff
270 Market Street
Millersburg, PA 17061
(717) 692-5533
Attorney for Plaintiff
Laserfiche WebLink
Laserffiche ' el,bLink
Browse
Q j_ ,
?. .0.D. .. __...
Template: Civil
Docket#
07-508
Plaintiff
UPOD RADIO LLC
Defendant
MCALLISTER B C PAVING INC
Terre
Civil
Case Type
COMPLAINT
Date
1 /24/2007
Plaintiff2
MLV-FM LOVE 98.9
Plainti!13
1
PlaintI114
Plaintiff5
Plaintiff6
Plaintiff?
Plaint[ff8
Plaintlff9
Plaintiffl0
Plaintiffl l
Plaintiff I2
Plaintifl3
Plain iffl4
Plaintiff 15
Plaint[ff16
Plaintiffl7
Plaintiffl8
Plaint[ff19
Plaintiff20
Plaintiff21
Plaintitf22
Plaintilf23
PlaintW24
Defendant2
Defendant3
Defendant4
Defendants
Defendant6
Defendant?
Defendant8
Defendant9
Page 1 of 1
Pays 32 of 53 Go
23.96% l+J Pages 32 to 53
Prothonotery_7 > Civil Dockets > 2007 Dockets > 07- 0501 dmu 07- 0800 > 07-0508
1 A
VPOD kAD1O. I.LC dfbfa Cmwionweaktr of Pennsylvania
Nf1LV-FM LOVE 92.9,
Piaintiff, ,
V. Coun**_y of G:mberland
B.C. NCALLISTEER PAVING, INC.
Defendant. Ducket No. 07-506
vah2c m /'OR ma OF 131IMMEOM
TO THE PROTHONOTARY:
Issue writ of execution in the abGee setter, directed to the sheriff of
Cumberland County:
Ill against LC. `046LLZ M IWAV B, AW, defendtnt[sl
5140 drbs "0 Qaal, MWA. PA 170W
III against garnishee[el
k61AL DEBT $11,324.03
INTERES' S2, b45. 50 -W 64 tlporl prop" *e
4 ahis
From :1128106 a
afd 10 de(taQp4df fn/PXlia} 7'"n
ATTORNEY'S FEES S3,464A,
COS- FAID;
Prothonotary 5114.50
SHERIFF 540.)1
STAT-ItURY S
COS-s DUE 5-91)
Moore, esquire
270 Market Street
Nil I*rsburg, PA 17061
717-692-5533
Attarney for P-aintiff;31
Powemd by Lesedldke weeLink verslon 7.0.5. t.asek8die is e regbbWed tredemsAk of Compu%nk Monapement Center, Ina
Thb oWy b rsOblemd to: County of CumbekMnd - Con riselonent
http://records.ccpa.net/weblinkSublic/DocView.aspx?id=l I 1506&dbid=O 6/10/2008
Laserfiche WebLink
Laserfiche rt',, )L+nk
Browse
4i ?o
Template: Civil
Docket# '
07-508
Plaintiff
UPOD RADIO LLC
Defendant
MCALLISTER B C PAVING INC
Term
Civil
Case Type
COMPLAINT
Date
1/24/2007
1
Plairdiff2
V4LV-FM LOVE 98.9 i
Plaintifl`3
Plaintiff4 I
R
Piaintfff5
Plainttff6 I
Plaintfff7
PlaintW8
Plalnttff9
Plaintflfl0
Plaintiffl I
Plaintiffl2 j
Plaintiffl3
Plainti(f14
Plaintifl5 j
_i
Plaintiff I6
Plaintiffl7
r
I
Plaintiffl8
Plaintifl9
Plairrti820
Plaintiff2l
Plaintiff22
Piaintiff23
Plaintiff24
Defendant2
Defendant3
Defendant4
Defendant5
DefendaM6
Defendant?
Defendants
Defendant9
Page 1 of 1
Logout
Page S4 of 53 -
®0 ® 4) C* ' J 23.96% ;tJ Pages 34 to 53
Pro9mnotery_7 > Civil Dockets > 2007 Dockets > 07- 0501 ihru 07- 0600 > 07-Owe
WRIT OF MCVMN ardier ATTACHMENT
CCMMOh''EALTHOFPMKMVANIA) NO 117-5611 Chit
(UVNTY OF C-134SERLAND) CIVIL ACTION _*.W
TO TIM SHERIFF OF CUMBERLAND MINTY:
To UUSF the debL mtcnst and costs due IWM RAMO LLC dWa WQLV-FM L(WE 110.9.
Plaimiff (a)
Ftore B.C'. MCAL1JSTI!R PAVINC, INC., SIN Eris Ridse Rood, :MeclwfabWg. PA 170M
()) Yao art dnrcted m kr2.. dk property of doe dekaduk (apad m se0 prrperty of the dtfead¦t
and to un desaloon hdo Ibereia
(2) 1'(w arc alw dtetted to ~b the Property of tht deferaiwAs) aot kv" upon is the Posxssma
of
G.AR*RSHELg9S as Ma"
ad a aaify ebe garofab *$) SIM' (a) an aeacbmrm has been slued. (b) the EamaJwt(s) n ca)..d froro
Pspat any debt to 0r fa the account of the defeadw (t) and from dehvmn any property of the dcfcadaot
(s) or of k"vre daponmg ttereof.
(3) If property of 0ke dnknk?¦t(s) sa kwied upon as soobject m attachnreot rs lard m for poaustikm
a( any- otba than a named swoubot, you are dffwx l to notify kaA r tbat br sbe bu been added as a
garnabee aad a ea)ataed as above rated.
Aumat Due Si 7.324A3 1.1.. 5.59
Iakrt3t (r I V28AF - 52.844.SO
Auy's Comm `e ow Proby Sim
Arm Paid S160.71 Other C'mcu
Platauff Paid
flier 1219187
?RoryYort/svts
(Scott gY: ??a (1tb ,1 1AL.
REOUESTF-W PARTY
'dame J. CHAD MOORS, ESQUIRE
Addrm 178 MARMT STREET
MILI.ERSRURG. PA 178N
Aimtne) for PLAINTIFF
Telepbooe 717412-SSd3
Supreme C""I 11) No.
Powered by LaserW* %ibbL k* version 7.0.5. LasealcM is a heOMSred trademafk of Computink b7ma ffl C@rW Inc.
7h's copy is repbteted m: County of Cumbedand - Coneft veers
http://records.ccpa.net/weblinkSublic/DocView.aspx?id=l I 1506&dbid=O 6,110/2008
Laserfiche WebLink
Laser f ichW VV L i n k
Browse
?' ll J?; 00
Template: Civil
Docket#
07-508
Plaintiff
UPOD RADIO LLC
Defendant
MCALLISTER B C PAVING INC
Term
Civil
Case Type
COMPLAINT
Date
1/24/2007
Plaintiff2
1N'0LV-FM LOVE 98.9
PlainW*
Plaintiff4
Plaintiff5
Plaintiff6
Plaintiff?
Plaintiff6
Plaintin I
Plaintiffl0
i
PlaintifN 1
PlaintW12
Plaintiffl3
i7
Plaintiffl4
Plaintiffl5
Plaintiffl6
i
Plaintiff17
Plaintiffl8
Plaintiffl9
Plainfiff20
i'
Plaintiff2l
Plaintiff22
PlaintiN23
Plaintiff24
Defendant2
Defendant3
Defendant4
Defendant5
Defendant6
Defendant7
Page 1 of l
Logout
Page` of 53 Go I
a ® ' 23.96% Pages 35 to 53
Prothonotary_7 > Civil Dockets > 2007 Dockets > 07- 0501 thru 07- 0600 > 07-0508
¦
of Common Pleas
to the Cnmat LMttis
11pOD RAM, t.LC &W& tl0mberlsod
WQLV-Fm LAVE 95.9.
plaintiff.
Y.
WC_ MCM USTTERPA pods Wo. 07-5M
Dellold-L
.P0 IW pRan4O NOTARY:
Ki.Ay .ciWWdtc Wait ed Bxartttim+. dim to the SberilTd tiwmheAsnd
oniged flan'
the ,,v A of S3,164.81. Said mom wn
U*VOL fm Pile P • cierlal esfor in tie s olfaM
270 MAdmi SOW
Mme, PA 17061
717-M-5533
Attomo7 for plaintiff
P&AWW by LaaeMW WSbUnk nfWM 7.0.5. La$o ndM b • registered trademadr of Compt*nk Management CMW, Inc.
This copy is registered to: county Of Cumberland - C nWissionera
http://records.ccpa.net/weblink_public/DocView.aspx?id=111506&dbid=0 6/10/2008
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff
CIVIL ACTION - LAW
v.
B.C. MCALLISTER PAVING INC.,
Defendant
NO. 07508
Certificate of Service
I, J. Chad Moore, Esq., hereby certify that on this date, set forth below, I served a
true and correct copy of the attached document via first class mail, postage prepaid, on the
following:
Joseph L. Hitchings, Esq.
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Date: l6 o?-
Respe ly submitted,
ad Moore, Esq.
Attorney for Plaintiff
270 Market Street
Millersburg, PA 17061
(717) 692-5533
Attorney for Plaintiff
-
.
r7 c '
:
l r
?
UPOD RADIO, LLC d/b/a IN THE COURT OF COMMON PLEAS OF
WQLV-FM LOVE 98.9, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
vs. NO. 07-508 CIVIL
B. C. MCALLISTER PAVING,
INC.,
Defendant
O_
AND NOW, this 7g day of July, 2008, argument on the within motion to stay
and/or quash writ of execution is set for Friday, August 15, 2008, at 9:30 a.m. in Corutroom
Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
,,XChad Moore, Esquire
For the Plaintiff
/Joseph L. Hitchings, Esquire
For the Defendant
:rim
J
.-1
6t:llwv L-WIM
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
Bad Check Charge
Postage
TOTAL $
69.30
69.30 V'
Pd by Defendant
So Answers;
R. Thomas Kline, enff
Bv, Claudia A. rewb er
'P
o0
0
0
WRIT OF EXN CUTI0N and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVA'.A)
COUNTY OF CUMBERLAND)
NO 07-508 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UPOD RADIO LLC d/b/a WQLV-FM LOVE 98.9,
Plaintiff (s)
From B.C. MCALLISTER PAVING, INC., 5140 Erbs Ridge Road, Mechanicsburg, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell property of the defendant
and to sell defendant interest therein .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due
Interest
Atty's Comm $3,464.81 %
Atty Paid
Plaintiff Paid
Date: 12/07/07
(Seal)
L.L.
Due Prothy
Other Costs
C is Long, Prothonotary u
By: Inl? L. q& a
Deputy
REQUESTING PARTY:
Name J. CHAD MOORE, ESQUIRE
Address: 270 MARKET STREET
MILLERSBURG, PA 17061
Attorney for: PLAINTIFF
Telephone: 717-692-5533
Supreme Court ID No.
DISTRIBUTION
ATTY FOR PLTFF: J. Chad Moore
WRIT NO. 2007-508 Civil
UPOD Radio LLC, DBA, WQLV-FM LOVE 98.9
-vs-
B.C. McAllister Paving, Inc.
Real Debt $ 3464.81
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 3464.81
Sheriff's Costs:
Docketing $
Poundage 69.30
Posting Sale Bills
Law Library
Prothonotary
Service
Postage
Advertising
Postpone Sale.,
Bad Check Charge
Surcharge
Garnishee
Levy
TOTAL $ 69.30
Defendant Paid to Sheriff $ 3534.11
Advance Costs 000.00
Total Collected $ 3534.11
DISTRIBUTION
Pd. To Pltff. $ 3464.81
Refund of Adv. Costs
Pd. To Prothonotary
So Answe .
` R. o as ?.0
Sheriff
UPOD RADIO, LLC d/b/a
WQLV-FM LOVE 98.9,
Plaintiff,
V.
B.C. MCALLISTER PAVING, INC.
Defendant.
In the Court of Common Pleas
Cumberland County, Pennsylvania
Docket No. 07-508
PRAECIPE TO REISSUE WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly reissue the Writ of Execution, directed to the Sheriff of Cumberland
County, to account for the amount of $3,464.81. Said amount was inadvertently omitted from
the prior writ due to a clerical error in the Prothonotary's office.
Date: ?-7O
3. Chad Moore, Esquire
270 Market Street
Millersburg, PA 17061
717-692-5533
Attorney for Plaintiff