HomeMy WebLinkAbout08-1701
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
EUGENE A. KOSTELAC, JR. .
?-
Plaintiff J-20/
No. U ?tl
V. .
JURY TRIAL DEMANDED
ARNOLD LOGISTICS LLC
Defendant
NOTICE TO PLEAD
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 is 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.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
a
EUGENE A. KOSTELAC, JR.
Plaintiff
VS.
ARNOLD LOGISTICS, LLC
Defendant
MAY 2 2008
IN THE COURT OF COMMON PLEAS
OFCUMBERLAND COUNTY, PENNSYLVANIA
No. 08-1701
"JURY TRIAL DEMANDED
ORDER
AND NOW, this _?- day of
2008, upon consideration of the
Motion of James P. DeAngelo to grant admissiolor hac vice of Kevin J. Kinney, Esquire,
4
for the purpose of representing Defendant, it is hereby ordered that:
1. Kevin J. Kinney be and hereby is admitted pro hac vice to the bar of this
Commonwealth under Pennsylvania Bar Admission Rule 301, as co-counsel on behalf of
Defendant in this matter;
2. Kevin J. Kinney shall abide by the rules of this Court, including all disciplinary
rules;
3. Kevin J. Kinney shall immediately notify this Court of any matter affecting his
standing at the bar of any other court where he may be admitted to practice; and
4. James P. DeAngelo, the moving party herein, shall continue to be responsible as
counsel of record for the conduct of this matter on behalf of the Defendant.
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NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se
defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
EUGENE A. KOSTELAC, JR.
Plaintiff No. 6 g _ ) .2o i C;d -ru--"
V. JURY TRIAL DEMANDED
ARNOLD LOGISTICS LLC
Defendant
COMPLAINT
1. The Plaintiff, Eugene A. Kostelac, Jr. (hereinafter referred to as
"Kostelac"), is an adult individual residing at 1776 Summerfield Drive, Mechanicsburg,
PA 17055.
2. The Defendant, Arnold Logistics, LLC (hereinafter referred to as "Arnold
Logistics"), is a limited liability company with offices located at 4410 Industrial Park
Road, Camp Hill, PA 1701 L
3. Kostelac started working for Arnold Logistics in March 2001 as its
controller.
4. As controller for Arnold Logistics, Kostelac was Arnold Logistics' Chief
Financial Officer and reported directly to the Chief Executive Officer of Arnold Logistics,
Douglas Enck.
5. On March 26, 2005, Arnold Logistics and Kostelac executed a "Change in
Control and Stay on Bonus Agreement." (Hereinafter referred to as "Agreement"). The
Agreement is attached as Exhibit A to the Complaint.
6. On or about November 8, 2006, Oak Hill Capital Partners acquired a
majority interest of more than eighty (80%) percent of the voting stock of Arnold
Logistics.
7. On or about March 5, 2007, Oak Hill hired Tony Cossentino as the Chief
Financial Officer for Arnold Logistics. Kostelac no longer reported directly to Arnold
Logistics' Chief Executive Officer, but now had to report to an intermediary executive,
Tony Cossentino.
8. After Mr. Cossentino started working as Chief Financial Officer (CFO) in
March 2007 for Arnold Logistics, Kostelac's duties and responsibilities with Arnold
Logistics were materially reduced as follows:
a. Kostelac's responsibilities as the key senior level financial
professional for Arnold Logistics were assumed by Tony Cossentino - the new
Chief Financial Officer. The responsibilities transferred from Kostelac to
Cossentino included:
(i). Being a key member of the executive team responsible for
reviewing, establishing, and selecting vendors for the annual audit and tax
services;
(ii). Being a member of the review committee for new customer
contracts and renewals;
(iii). Evaluating and analyzing acquisitions;
(iv). Preparing and analyzing capital expenditure acquisitions;
(v). Planning and executing the year end audit and tax
preparation.
2
b. On April 13, 2007 Kostelac's responsibilities for financial
planning and analysis were transferred to a new position created by and reporting
to the CFO.
C. Kostelac's duties and responsibilities were reduced to duties
associated with a general ledger accountant supporting the CFO with little or no
involvement in the strategic planning and decisions of Arnold Logistics.
9. Oak Hill Capital Partners acquired a majority stake in Jacobson
Companies on or about June 19, 2007.
10. In late June 2007, Oak Hill Capital Partners began the process to merge
Arnold Logistics with Jacobson. Arnold Logistics is now one of several integrated
operating companies of Jacobson.
11. After Arnold Logistics started to be merged with Jacobson in late June
2007, Kostelac's responsibilities and duties were materially reduced again in addition to
the reduction in responsibilities that occurred in March 2007. The reduction in
responsibilities and duties were as follows:
a. Jacobson immediately converted Arnold Logistics' accounting
software for Accounts Receivables, Accounts payable, General Ledger, Fixed
Assets and Financial reporting from Infinum to Great Plains. This change
significantly reduced Kostelac's administrative, analysis, and decision making
responsibilities as compared to prior to the merger with Jacobson.
b. Kostelac was not included in the planning or analysis leading up to
the decision to migrate to Great Plains.
3
C. Kostelac and his staff were not provided with adequate training on
Great Plains software or the financial reporting software. This further reduced
Kostelac's responsibility for performing operational analysis and this duty was
transferred to Jacobson corporate staff.
d. Jacobson conducted a confidential search for a replacement for
Cossentino who was no longer employed after Oak Hill acquired Jacobson in late
June of 2007. The duties, responsibilities and experience advertised for the
position mirrored Kostelac's duties and responsibilities prior to the Oak Hill
acquisition of Arnold Logistics in November of 2006.
e. With the departure of Cossentino in late June 2007, Kostelac's
reporting responsibility was further diluted when Kostelac's position was changed
to report to the Director of Finance at Jacobson. The Director of Finance reports
to the Jacobson CFO. In early February of 2008 Kostelac was advised via an e-
mail that he would now be reporting to the Controller of Jacobson Warehouse
Company who in turn reports to the Director of Finance. After receiving the e-
mail, the Jacobson Warehouse Company Controller visited Arnold Logistics
unannounced to begin the process of merging the accounting support functions to
Jacobson's corporate offices in Des Moines, Iowa.
f. Kostelac's responsibility for cash flow forecasting, treasury,
banking relationships, and bank covenant reporting were transferred to Jacobson.
g. Kostelac was removed as an authorized signer from the Wells
Fargo commercial banking accounts by a resolution adopted by the Board of
Directors on August 3, 2007.
4
h. Kostelac was notified that the in-house payroll function that was
his responsibility was being outsourced and responsibility for payroll would be
consolidated in Des Moines, Iowa. Kostelac performed a cost analysis that
indicated that outsourcing was significantly more costly than the current cost to
perform the same services in-house but was told that the Board of Directors had
already approved the consolidation and outsourcing decision.
i. In early February 2008 Jacobson's Director of Finance told
Kostelac that Kostelac's responsibilities for Fixed Asset accounting were being
transferred to the corporate office in Des Moines, Iowa retroactive to January 1,
2008.
j. Kostelac was informed that the coordination and control of the
annual audit and tax returns for Arnold Logistics for 2007 were now the
responsibility of Jacobson corporate finance.
k. Prior to the acquisition and merger with Jacobson in June 2007, the
management of Arnold Logistics communicated to Kostelac that Arnold Logistics
would be the platform for acquisitions and would be the controlling company.
However, after the acquisition of Jacobson this strategy was changed and Arnold
Logistics' operations were merged with Jacobson.
1. Kostelac received an e-mail on February 8, 2008 directing Arnold
Logistics' to answer all phone calls and inquiries as "Jacobson Companies
formerly Arnold Logistics."
in. New Jacobson business cards were issued to Arnold Logistics
employees.
5
n. The Arnold Logistics web site was shut down and redirected to
Jacobson.
o. Kostelac received an e-mail on February 8, 2008 to remove Arnold
Logistics' name and logo from paycheck stock and replace it with the Jacobson
name and logo.
P. As a result of organizational changes implemented in January 2008
to facilitate the merger of Arnold Logistics with Jacobson, the financial reporting
responsibilities and direct operational support to Arnold Logistic were materially
reduced and transferred to the Controller of Jacobson Company.
q. The Arnold Logistics Benefit administration responsibilities were
consolidated and transferred to Jacobson corporate. As a result of this
consolidation, Kostelac's responsibilities as a member of the Arnold Logistics
Benefit Committee and Plan Administrator were eliminated or materially reduced
to a data provider rather than a strategic decision maker.
r. Kostelac was notified in January 2008 that accounting
responsibilities for ARLO Transportation, Inc., a wholly owned subsidiary of
Arnold Logistics, that were currently the responsibility of Kostelac would be
transferred to Jacobson Transportation Company.
12. On February 15, 2008 Kostelac invoked Article 1, Section 1.1(B)(i) of the
Agreement and voluntarily terminated his employment with Arnold Logistics citing the
material reduction in the nature and scope of his duties and responsibilities with Arnold
Logistics.
6
13. In conjunction with his voluntary termination from Arnold Logistics
pursuant to the Agreement, Kostelac demanded payment of salary, benefits and
reimbursement of legal fees pursuant to the Agreement.
14. Arnold Logistics has refused to pay Kostelac any salary, benefits or legal
fees pursuant to the Agreement.
COUNTI
BREACH OF CONTRACT
15. Paragraphs 1 through 14 are incorporated herein by reference as if set
forth in full.
16. Pursuant to the Agreement, Kostelac terminated his employment with
Arnold Logistics because after Oak Hill Capital Partners acquired a majority interest,
representing more than fifty (80%) percent of the combined voting power of Arnold
Logistics, the nature and scope of Kostelac's duties and responsibilities with Arnold
Logistics were materially reduced from that which Kostelac enjoyed prior to Oak Hill
Capital Partners' acquisition of Arnold Logistics.
17. Pursuant to Article 1, Section 1.2 of the Agreement, Kostelac was entitled
to compensation and benefits upon his termination.
18. The Defendant has refused to pay Kostelac compensation and benefits
pursuant to Article 1, Section 1.2 of the Agreement and attorneys' fees pursuant to
Paragraph 4. 1, thus breaching the Agreement.
19. Wherefore, Kostelac is entitled to all compensation and benefits due and
owing to him pursuant to the Agreement, as well as consequential damages, costs of suit,
and attorney's fees in an amount greater than $35,000.
7
VERIFICATION
I, Eugene A. Kostelac, Jr., hereby acknowledge that I have read the foregoing
document and that the facts stated therein are true and correct to the best of my
knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Eugene A. Kostelac, Jr.
Date: 5-12-000
156084.1
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CHANGE IN CONTROL
AND
STAY ON BONUS
AGREEMENT/?iQr
2005, by and among
AGREEMENT dated as of the ? day of
ARNOLD LOGISTICS, LLC, a limited liability company with offices F 10 Industrial Park Road,
Camp Kill, PA 17011 ("Company") and EUGENE A. KOSTELAC ("Executive").
WHEREAS, Executive is a key management employee of the Company, and
yaffREAS, the Company considers the continued services of Executive to be in the
best interests of the Company; and
WHEREAS, the Company and Executive desire to enter into this Agreement
whereby, in order to induce Executive to continue in employment, the Company will agree to make
certain payments to Executive upon termination of Executive's employment under specific conditions.
NOW, THEREFORE, in consideration of the continued employment of?E ? xecu i sby
the Company and intending to be legally bound hereby, Executive and the Company agre
ARTICLE I
TERMINATION P HSUANT TO A CHANGE IN CONTROL
1.1 Definition Termination Pursuant to a Chance in Control. Any of the
following events occurring during the period commencing with the date of any "Change in Control" (as
defined in ARTICLE 11 hereof) and ending on the second anniversary of the date of the consummation
of the Change in Control transaction, shall constitute a "Ternrirlation Pursuant to a Change in Control" :
(A) Txecutive's employment is terminated by the Company or an acquiror
or successor of the Company without "Good Cause" (as defined below); or
(B) One of the following events occurs and Executive thereafter terminates
Executive's employn-lent:
(i) the nature and scope of Executive's duties or
responsibilities with the Company or an acquiror or successor of the
Company are materially reduced from that which Executive enjoyed
immediately prior to the Change in Control; or
(ii) Executive's base salary immediately prior to the Change
in Control is reduced or material benefits then being provided to
Executive are reduced or eliminated (excluding reduction or
curtailment of benefits affecting all employees); or
(iii) Executive is assigned, without Executive's consent, to a
principal place of employment which is more than thirty (30) miles
from Executive's principal place of employment immediately prior to
the Change in Control; or
(C) An acquiror or successor of the Company fails or refuses to assume the
obligations of this Agreement and Executive terminates his employment with
the Company.
If any of the events described in Section 1.1(B) occurs and the Executive does not immediately
thereafter terminate his employment, any subsequent termination of the Executive's employment by the
Executive following such event or any other event described in Section 1.1(B) and within two years
after the date of the Change in Control transaction is consummated, shall constitute a "Termination
pursuant to a Change in Control".
For purposes of this Section 1. 1, "Good Cause" shall mean G) the. commission of.
malfeasance in office constituting dishonesty or the commission of a crime or Cu) the willful and
continued failure of Executive for a significant period of time to perform substantially Executive's
after a written demand for substantial
duties, other than as a result of sickness or disability,
performance is delivered to Executive by the Company's Board of Directors which specifically
identifies the manner in which the Board of Directors believes that Executive has not substantially
performed Executive's duties. No act, or failure to act, on Executive's part shall be considered "willful"
unless done, or omitted to be done, by Executive, not in good faith and without reasonab
establishing that
Executive's action or omission was in the best interest of the Company. The burden of validity of any termination for Good Cause shall rest upon the Company.
12 Compensation Upon Termination Pursuant to a Change in Control. If
Executive's employment is terminated and such termination is a Termination Pursuant to a Change in
Control, the Company (or any acquiror or successor thereto) shall provide the following to Executive:
(A) (i) Executive's compensation shall be continued for a period of not more
than two (2) years, commencing as of the Termination Pursuant to the Change in
Control but-not beyond -the -earlier of (a) the date of Executive's death or (b) the date
which is two (2) years after the transaction or event is consummated.
(u) For purposes of this Section 1.2, compensation shall mean the
Executive's base salary in effect immediately prior to the Change in Control
plus the average of any bonuses earned by the Executive with respect to the Change in
two (2) calendar years immediately preceding th edate ro of the
forth in this
Control. No payment during the two (2) y payment P
Section 1.2(A) shall be reduced by any income earned by the Executive from
any source during the two (2) year payment period following the Termination
Pursuant to the Change in Control and the Executive shall have no duty to
mitigate damages by earning income during the period.
-2-
with life, disability and accident and health
provided coverages in effect for
(g) Executive shall be P sponsored plan co in Control.
es comparable to employer
atiori pursuant to a Change
insurance coverag the Termin two (2) years,
Executive immediately preceding rovided for a period of not more than not beyond
shall be p in Control, but
The insurance coverage anon Pursuant to the Change 2
Y
C as of the Termin the date which is two () ears
arable life, disability and accident
the earlier of (a) the date of Execcl t'v& s'e Cop existing plans
after the transacti on or event is
ages may be provided t o Executive undconversion of group
and health insurance cover ab ates, or (b) tluough
) through other available
or programs in which the Execuuve o??u in effect, or (c rovid(4 hoWe?°
coverage pursuant to any op P obtainable, for Executive; per---- (a)
ements> ed under either ,
commercial ins<irance c gcoverage =mot be continued or obtain specific
at sp
that to the extent a sp arable
above, Executive shall not be entitl Ulef o the co, of comp he
(b) or (c) continue to be resPo e . Control to t
coverage- Executive shall a his T?nation pursuant to a Chang anor , if there are
insurance coverages followiDO rve employees of the Company of total cost
arlY situated act ercentag
rrie extent as other then to the same extent, on a percentage
es Prior
no similarly situated employees, responsible for the cost of available u atntote health insurance
. as ve w t to a Change in Control. VTith respect
basis, that Executi
covered under any
to the Termination Pur ble dependents, e as of
'e Executive's spouse and/or e hglrance plan in effect for Executiv
coverag , also be provided with
pursuant ent and ho ealtCge Control, shall
employer sponsored accid
Executive's Te nation year term set forth above and under the same
health irisi ? coverage for the two () Y
cost sharing method as descnbed above. Provision of this Agreement,
fin, the above or any other p
thstandmb ess the Executiv
13 Release. Notunder went unl oy„n claims.
no benefit shall e executes a release in
be paid to Exec" e e ? rnpany from all lMown and unlrn
favor of the Company, wli i serves to provided by this ARTICLF- I shall
payment' be or become
The
ot Exclusive. or benefits to
successor
of ich the Company mo any or any
riis to receive any payments arrangement which
not affect Executives gh or future agreement or arrangement of the Company
entitled under any other existing ??g or future benefit plan or . er w
,it,, the Executive, or under 'any ecomes a participant, or under which Executive has or obtains
?,i five is orb tafied deferred compe?tion or retirement
successor in which Execu ,,ed or nonqua
? including without linutation, any qu ed to accordance with the terms and
, such rights of Executive shall be determin
plans or programs. Any eement, arrangement or plan,
conditions of the applicable agr, to be made under this
payments required be subject
1 5 W ithholdin fB With or `f the ? Compans normal payroll schedule and will aired by
to tax andlor other payroll deductions as may be required
Agreement will be made in amounts danting
vvithholdmg of such
law.
-3-
AR!'!I
GE IN CONTROL
DEITION OT CIIAN mean any
oreement, the term "Change in Control" shall
21 For purposes of this
13(d) and 14(d)(2) of the
of the following- m Sections a
(A) any Person (as such term is used a ?? 1), other than the Company,
e Act of 1934 (the "Exchang or related trust) of the
gecurities Excharb employee benefit Plan (ant to Rule 13d-3 under
of the Company, or an deternvned purse re resenting
subsidiary
Company becomes the beneficial owner of securities of the Can Pathen ceding
Act), direWY or indirectly, power of the Comp Y? 01
the Exchange voting P°,?
more than 50% of the combined
securities; or. ° an agreement providing for, a sale of
occurrence of, or execution
(B) the a assets of the Company to an entity which is not a direct °r
all or substantially of th
iltdirect subsidiary of the Company-, °i ent providing for,
? a
or execution of an aeern on involving the
(C) the occurrence ° with and
merger, the mconsolidationer, or othohd lion of the
Company reorganuati°n, aer, or ons
Company excludtn homer
into a wholly owned subsidiary of the Company-, or
e designated as by a " the Change Board of
event which is at any tint
(D) any other in
ores of this AgTeement by a resolution adopted of the non employee
Control for pure ative vote of a majority o
an with the affirm in the event any such resolution
Directors of the COMP t
time the resolution is adopted, shall be deemed incorporated
directors in office at the tim e6 ied thereby
modified or revoked without
. Control event of be amended,
is adopted, the Change er may
herein by reference and thereaft
the written agreement of Executive• eement, if (i)
to the contrary set forth in this Agr
g 5
2.2 Notwithstanding anything else ding for any of the transactions or events construe or
the Company PTO"t eement subsequently xP
ire
an agreement is to by and the agr. tion pursuant to a
suialit to this ARTICLE aced, and (ii) a "Termina cation or
Change in -Control. Pur ton or event being consmm rior to I such exp hereof)
TICLE I hereof) has not occurred p it shall
terminated without the transact ARTICLE
Change in Control" (as defined in AR without limitation, be deemed to
termination, f°r purposes of this Agr?ment (including, Change Control event shall
eement was never executed and no
be as though such agr eement
have occurred as a result of the execution of such agr
ARTICLF IlI
STAY ON BONUS
-4-
ed by the Company from the dateep
of id scash
Executive
?Bosshall b
.1 If Executive remains employ d
3 Onsummthe „? The B ors shall be
h the date a Change d in Dollars Control is C ($104 , 000.00)
Agreement tliroug
is relating to tax andlor other payroll deductions as maybe
of one Hundred o your ha°mo
bonus
subject to withholding
required by law.
AgTTCLE TV
FjxTFN S any
good faith that the Company or r, or
4.1 Le?a? ?t10-n. Executive deterrr?ules In under this Agreement, or if the Comp y
l with its obligations eement void Or
successor thereto, has failed to COmp y person takes any action to declare this Agr oreement,
or any other P with respect to this Ao
any successor thereto, legal action or arbitration proceeding time 10 retain counsel Of
to tim
any
unenforceable, or institutes any 1e? s Executive from time in
e Company hereby irrevocably authorize to represent Executive coeC?OSO DoT any
th ense of the Company and, any acquiror or succes
Executive's choice, at the eXP s whether by or against the Company Which may adversely
and-ll.actions and proceedinD , affiliated with any of the foregoing,
director, officer, unit holder or other perSOn a$eet Executive's rights hereunder.
ARTICLE V
U S?Y,T,ANEOUS
. This Agr?rnent shall not in any way obligate
annor shall this kgreernen
Brit e
1 Termination of Em low reaS011 prior to the
to ent of Executiv vnth the C empfor any terminated at any
the Company to continue the emp .ate Executive's employm be terrain
Emit the light of the Company to temvn Executive's employment may eement,
e in Control as defined herein, have no further rights under this Agt
occurrence of a Chang
time by the Company, in which case Executive shall ha and
Bement shall be binding uPon
adn7lnlstrators, 5ucceSSoIs
5.2 Bin in Effect' Assi nment. This executors,
arties hereto, their respective heirs, Company hereunder shall
gam. All of the obligations of the inure to the benefit of the p o without limitation, any sucCessor as a
and, to the extent permitted hereunder, assi anincluding Ve . a Brits
binding .on any .successor to the ?° COnol The right of Executive toE motive and any
be legally ation of a Chance tiered by
result of the consumm alienated, pledged or otherwise encum
hereunder may not be assigned,
attempt to do so shall be void and of no force or effect. This Agreement represents the entire
5.3 Entire A Bement; Amendment- matter hereof and may
the sub?ect
s hereto and approved by the Board of
understanding between the parties hereto with by ptiletptaortie
amended only by an instrument in writing sign
Directors of the Company-
-5-
r
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5.4 Jurisdiction. The parties hereto consent to the exclusive jurisdiction of the
courts of the Commonwealth of Pennsylvania in any and all actions arising hereunder.
5.5 Governing Law . This Agreement shall be governed and construed under the
laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws principles thereof.
5.6 Unfunded Obligations. The obligations to make payments hereunder shall be
unfunded and Executive's rights to receive any payments hereunder shall be the same as those of any
other unsecured general creditor.
5.7 Individual Agreement. This Agreement constitutes an agreement solely
between the company and Executive named herein. This Agreement is intended to constitute a non-
qualified arrangement for the benefit of a key management employee and shall be construed and
interpreted in a manner consistent with such intention.
5.8 Headings. All headings preceding the text of the several paragraphs hereof are
inserted solely for reference and shall not constitute a part of this Agreement, nor affect its meaning,
construction or effect.
-6-
IN WITNESS WEMREOF, the Company has caused this Agreement to be executed
and attested on its behalf by its authorized officers, and Executive hereunto has set his hand and seal as
of the day and year first above written-
ARNOLD LOGISTICS, LLC
WITNESS:
By
Douglas . Enck, President
EXECUTIVE
(SEAL)
gene A Rbstelac
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cr
G
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01701 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KOSTELAC EUGENE A JR
VS
ARNOLD LOGISTICS LLC
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ARNOLD LOGISTICS LLC
DEFENDANT
the
at 1305:00 HOURS, on the 17th day of March , 2008
at 4410 INDUSTRIAL PARK ROAD
CAMP HILL, PA 17011 by handing to
KARYN WARD, RECEPTIONIST, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
12.48
.58
10.00
.00
41.06
Sworn and Subscibed to
before me this
day
of ,
So Answers:
R. Thomas Kline
03/18/2008
GOLDBERG KATZMAN
B
Deputy Sheriff
A.D.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
EUGENE A. KOSTELAC, JR.,
Plaintiff
: NO. 08-1701
v.
ARNOLD LOGISTICS LLC, JURY TRIAL DEMANDED
Defendant
ENTRY OF APPEARANCE
Please enter the appearance of James P. DeAngelo and McNees Wallace &
Nurick LLC on behalf of Defendant Arnold Logistics LLC in the above-captioned action.
McNEES WALLACE & NURICK LLC
ByQ= Oa,`?-
dames P. DeAngelo
I.D. No. 62377
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5470
Attorneys for Defendant
Date: April 17, 2008
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 17th day of April 2008, a true and
correct copy of the foregoing document was served by first-class mail, postage prepaid,
upon the following:
Michael J. Crocenzi, Esq.
Goldberg Katzman, P.C.
320 Market Street
Harrisburg, PA 17101
James P. DeAngelo
Of Counsel to Defendant
D
c?;
. A4k
McNEES WALLACE & NURICK LLC
By: James P. DeAngelo, Esquire
Attorney I.D. No. 62377
P.O. Box 1166, 100 Pine Street
Harrisburg, PA 17108
(717) 237-5470
EUGENE A. KOSTELAC, JR. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 08-1701
JURY TRIAL DEMANDED
ARNOLD LOGISTICS, LLC
Defendant
MOTION FOR ADMISSION PRO HAC VICE
Pursuant to Pa. B.A.R. 301, James P. DeAngelo Esquire, hereby moves for the
admission pro hac vice of Mark A. Johnson, Esquire, with regard to the above-captioned
matter. In support of this Motion, he states the following:
1. Mark A. Johnson, Esquire, is an attorney with the firm of Krukowski &
Costello, S.C, with an office at 7111 West Edgerton Avenue, Milwaukee, Wisconsin 53220,
Phone (414) 423-1330, Fax (414) 423-1694.
2. Mark A. Johnson, Esquire was admitted to practice before the Wisconsin
state courts on May 18, 1992. He was subsequently admitted to practice law before the
U.S. District Court for the Eastern District of Wisconsin, the U.S. District Court for the
Western District of Wisconsin, the U.S. District Court for the Northern District of Illinois,
the U.S. District Court for the Central District of Illinois and the U.S. Court of Appeals for the
Seventh Circuit. Mr. Johnson is currently a member in good standing of the Wisconsin bar.
3. Mark A. Johnson has never been convicted of a crime.
. 46
4. Mark A. Johnson does not have any disciplinary action or contempt
proceeding or any proceeding that resulted or could have resulted in the suspension,
revocation or impairment of his license to practice law in any jurisdiction.
5. Defendant, Arnold Logistics, LLC desires that Mr. Johnson represent them in
the above-captioned case.
6. The undersigned counsel will continue to act as attorney of record in this
action pursuant to Bar Admission Rule 301(a).
7. The undersigned certifies that he has disclosed the full text of this Motion and
proposed Order to all parties by fax and that concurrence to both the Motion and proposed
Order has been given.
WHEREFORE, the undersigned moves for the special admission of Mark A.
Johnson to the bar of the Commonwealth of Pennsylvania for purposes of the above-
captioned action.
Dated: y13616Y
McNEES WALLACE & NURICK LLC
By 9- l dL ? Y
James P. De ngelo
I. D. No. 62377
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5470
Attorneys for Defendant,
Arnold Logistics, LLC
. n.
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing motion was
served this date by first class mail, postage prepaid, addressed as follows:
Michael J. Crocenzi, Esq.
Goldberg Katzman, P.C.
320 Market Street
Harrisburg, PA 17101
ames P. DeA gelo
Dated: (161 0 F
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McNEES WALLACE & NURICK LLC
By: James P. DeAngelo, Esquire
Attorney I.D. No. 62377
P.O. Box 1166, 100 Pine Street
Harrisburg, PA 17108
(717) 237-5470
EUGENE A. KOSTELAC, JR.
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 08-1701
JURY TRIAL DEMANDED
ARNOLD LOGISTICS, LLC
Defendant
MOTION FOR ADMISSION PRO HAC VICE
Pursuant to Pa. B.A.R. 301, James P. DeAngelo Esquire, hereby moves for the
admission pro hac vice of Kevin J. Kinney, Esquire, with regard to the above-captioned
matter. In support of this Motion, he states the following:
1. Kevin J. Kinney, Esquire, is an attorney with the firm of Krukowski & Costello,
S.C, with an office at 7111 West Edgerton Avenue, Milwaukee,. Wisconsin 53220,
Phone (414) 423-1330, Fax (414) 423-1694.
2. Kevin J. Kinney, Esquire was admitted to practice before the Wisconsin state
courts on May 25, 1982. He was subsequently admitted to practice law before the U.S.
District Court for the Eastern District of Wisconsin, the U.S. District Court for the Northern
District of Illinois, the U.S. Court of Appeals for the Third, Sixth, Seventh, Eighth and Tenth
Circuits and the District of Columbia. Mr. Kinney is currently a member in good standing of
the Wisconsin bar.
3. Kevin J. Kinney has never been convicted of a crime.
4. Kevin J. Kinney does not have any disciplinary action or contempt proceeding
or any proceeding that resulted or could have resulted in the suspension, revocation or
impairment of his license to practice law in any jurisdiction.
5. Defendant, Arnold Logistics, LLC desires that Mr. Kinney represent them in
the above-captioned case.
6. The undersigned counsel will continue to act as attorney of record in this
action pursuant to Bar Admission Rule 301(a).
7. The undersigned certifies that he has disclosed the full text of this Motion and
proposed Order to all parties by fax and that concurrence to both the Motion and proposed
Order has been given.
WHEREFORE, the undersigned moves for the special admission of Kevin J. Kinney
to the bar of the Commonwealth of Pennsylvania for purposes of the above-captioned
action.
Dated: q/3010Y
McNEES WALLACE & NURICK LLC
B r O'L L
Y
ames P. De gelo
D. No. 62377
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5470
Attorneys for Defendant,
Arnold Logistics, LLC
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing motion was
served this date by first class mail, postage prepaid, addressed as follows:
Michael J. Crocenzi, Esq.
Goldberg Katzman, P.C.
320 Market Street
Harrisburg, PA 17101
ames P. DeA elo
Dated: N a
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McNEES WALLACE & NURICK LLC
By: James P. DeAngelo, Esquire
Attorney I.D. No. 62377
P.O. Box 1166, 100 Pine Street
Harrisburg, PA 17108
(717) 237-5470
EUGENE A. KOSTELAC, JR.
Plaintiff
VS.
ARNOLD LOGISTICS, LLC
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-1701
JURY TRIAL DEMANDED
REVISED MOTION FOR ADMISSION PRO HAC VICE
Pursuant to Pa. B.A.R. 301, James P. DeAngelo Esquire, hereby moves for the
admission pro hac vice of Kevin J. Kinney, Esquire, with regard to the above-captioned
matter. In support of this Motion, he states the following:
1. My name is James P. DeAngelo and I am a member in good standing of the
bar of the Commonwealth of Pennsylvania.
2. Kevin J. Kinney, Esquire, is an attorney with the firm of Krukowski & Costello,
S.C, with an office at 7111 West Edgerton Avenue, Milwaukee, Wisconsin 53220,
Phone (414) 423-1330, Fax (414) 423-1694. As set forth in the attached Verification, Kevin
J. Kinney, Esquire is an active member in good standing of the bar of the State of
Wisconsin.
3. Kevin J. Kinney, Esquire was admitted to practice before the Wisconsin state
courts on May 25, 1982.
4. Kevin J. Kinney has never been convicted of a crime.
5. Kevin J. Kinney does not have any disciplinary action or contempt proceeding
or any proceeding that resulted or could have resulted in the suspension, revocation or
impairment of his license to practice law in any jurisdiction.
6. Defendant, Arnold Logistics, LLC desires that Mr. Kinney represent them in
the above-captioned case. Mr. Kinney desires to participate as co-counsel in this matter.
7. The undersigned counsel will continue to act as attorney of record in this
action pursuant to Bar Admission Rule 301(a).
8. Kevin J. Kinney has paid the requisite fee to the Pennsylvania Interest on
Lawyers Trust Account Board (IOLTA Board) as evidenced by the attached $100 fee
payment certification, dated May 8, 2008, and has provided to the Board the information
required by 204 Pa. Code 81.504.
9. The undersigned certifies that he has disclosed the full text of this Motion and
proposed Order to all parties by fax and that concurrence to both the Motion and proposed
Order has been given.
WHEREFORE, the undersigned moves for the special admission of Kevin J. Kinney
to the bar of the Commonwealth of Pennsylvania for purposes of the above-captioned
action.
MCNEE?S W#41.?AO'Z & NURICK LLC
By
dames P. DeAngelo
I.D. No. 62377
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5470
Attorneys for Defendant,
Arnold Logistics, LLC
Dated: SValIo3
s'.
EUGENE A. KOSTELAC, JR.
Plaintiff
vs.
ARNOLD LOGISTICS, LLC
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 08-1701
VERIFICATION OF KEVIN J. KINNEY
AS OUT-OF-STATE COUNSEL APPEARING PRO HAC VICE
I, Kevin J. Kinney, hereby depose and state as follows:
My full name and office address are as follows:
Name: Kevin J. Kinney
Office: Krukowski & Costello, S.C.
7111 West Edgertown Avenue,
Milwaukee, Wisconsin 53220
Telephone: (414) 423-1330
Facsimile: (414) 423-1694
Mailing Address:
7111 West Edgerton Avenue
Milwaukee, Wisconsin 53220
I have been retained by Arnold Logistics, LLC to appear in this matter and I respectfully
seek admission to appear pro hac vice and represent my client before this Court.
2. I am currently licensed to practice law in the state courts of Wisconsin, License
No. 1003942 I am in good standing.
3. I have not been suspended, disbarred or otherwise disciplined or sanctioned by
any lawyers' disciplinary agency in any jurisdiction, nor is any disciplinary action or
investigation concerning my conduct pending before any lawyer disciplinary agency in any
jurisdiction.
4. I am seeking admission pro hac vice as counsel for Defendant in Eugene A.
Kostelac, Jr. vs. Arnold Logistics, LLC Case No., 08-1701, before the Cumberland County
Court of Common Pleas. Other than in this case, I have not applied for admission pro hac vice
in any pending actions in the courts of record of Pennsylvania. I have not been denied admission
pro hac vice in any pending action in any Court of record in Pennsylvania.
I will comply with and be bound by the applicable statutes, case law and
procedural rules of the Commonwealth of Pennsylvania, including the Pennsylvania Rules of
Professional Conduct.
6. I shall submit to the jurisdiction of the Pennsylvania Courts and the
Pennsylvania Disciplinary Board with respect to acts and omissions occurring during my
appearance in the above-captioned matter, for which I am seeking pro hac vice admission.
I have consented to the appointment of James P. DeAngelo of McNees Wallace &
Nurick LLC, as the agent upon whom service of process shall be made for all actions, including
disciplinary actions, that may arise out of the practice of law in this matter, for which I am
seeking pro hac vice admission.
Attached to the motion for my admission (pro hac vice) is my Pennsylvania
Interest On Lawyers Trust Account Board's (PA IOLTA) fee payment certification, dated May 8,
2008 for my appearance in this matter.
STATE OF WISCONSIN
COUNTY OF MILWAUKEE
SwornA20 subscribed before me
this t'`J"= day of May, 2008
0
h,,., A
Notary Public
My Commission Expires: Z0
Mai .08 08 01:58p
Connie Leeds
7172382031
SUPREME COURT OF PENNSYLVANIA
PENNSYLVANIA INTEREST ON
LAWYERS TRUST ACCOUNT BOARD
P. O. BOX 1025 • 115 STATE STREET
HARRISBURG, PENNSYLVANIA 17108-1025
717r'';„ 8 2001 888-PA-IOLTA (724-6582) • 7171238-2003 FAX
paiolta@lpacourts.us
www.paiolta.org
chair
MAUREEN P. KELLY, Esquire
Two Gateway Center
303 Stanwix Street. 81h Floor
Pittsburgh, PA 15222-5412
'Vice-chair
WII LIAM P. CARLUCCI, Esquire
Williamsport. PA
Board Members
HUBERT X. GILROY, Esquire
Carlisle, PA
May 8, 2008
Sent by fax: (414) 423-1694
Kevin J. Kinney, Esquire
KRUKOWSKI & COSTELLO, S.C.
7111 Edgerlon Ave.
Milwaukee, 1n/I 53220
_MWIS F. COULD, JR., Esquire
Philadelphia, PA Dear Attorne}F Kinney:
p.2
LLIAM T. HANGLEY, Esquire This letter sE'rves as the fee payment certification referenced in 204 Pa
Philadelphia, PA Code §81.503 and acknowledges receipt of the $1(10 fee paid by
Check, number 7180, on this date related to your p irsuit for admission
PENI: A KESSLER LIEBER, Esquirc
Pittsburgh, PA pro hac vice in the case identified as Eugene A. Ko3telac, Jr. v_. Arnold
Logistics, L.LC, case no, 08-1701, filed in the Cc)urt of Common Pleas
M. MARK MENDEL, Esquim of Cumberland County.
Philadelphia, PA
MICHAEL H. REED, Esquire You should refer to Pa Rule of Civil Procedure '012. 1, local co art rules,
Philadelphia, PA and other regulations of 204 Pa Code §81.501 Fit, seq, concerning
additional requirements related to seeking pro hac vice admission.
Sincerely,
Farenrtive.Directvr
ALFRED J. AZEN t
Alf . J. 61 n
Executive Director
cc: James P. DeAngelo, Esq.
(;717) 237-5300
GACL1DOC1PNViACK LTR120081May1May 8.wpd
Administering Pennsylvania's Interest On Lawyers Trust Account (IGLTA) Program
EUGENE A. KOSTELAC, JR.
Plaintiff
vs.
ARNOLD LOGISTICS, LLC
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 08-1701
VERIFICATION OF JAMES P. DeANGELO AS SPONSOR FOR
OUT-OF-STATE COUNSEL, KEVIN J. KINNEY
I, James P. DeAngelo, hereby depose and state as follows:
My full name and office address are as follows:
Name: James P. DeAngelo, Esquire
Office: McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Telephone: (717) 232-8000
Facsimile (717) 237-5300
2. I state that after reasonable investigation, I believe that Kevin J. Kinney is a
reputable and competent attorney and I recommend the candidate, Kevin J. Kinney's admission
pro hac vice;
3. Other than this case, I am acting as a sponsor of candidates for admission
pro hac vice in no current cases in the courts of record in this Commonwealth;
4. I state that the proceeds from the settlement of the cause of action in this matter,
Case No. 08-1701 before the Cumberland County Court of Common Pleas, shall be received,
held, distributed and accounted for in accordance with Rule 1.15 of the Pennsylvania Rules of
Professional Conduct, including the IOLTA provisions, thereof, if applicable.
Dated: S/ai/06
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing revised
motion for admission pro hac vice was served this date by first class mail, postage prepaid,
addressed as follows:
Michael J. Crocenzi, Esq.
Goldberg Katzman, P.C.
320 Market Street
Harrisburg, PA 17101
? a, (? -
es P. DeAngelo
Dated: 5I -.Ul or
McNEES WALLACE & NURICK LLC
By: James P. DeAngelo, Esquire
Attorney I.D. No. 62377
P.O. Box 1166, 100 Pine Street
Harrisburg, PA 17108
(717) 237-5470
EUGENE A. KOSTELAC, JR. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 08-1701
ARNOLD LOGISTICS, LLC : Jury Trial Demanded
Defendant
REVISED MOTION FOR ADMISSION PRO HAC VICE
Pursuant to Pa. B.A.R. 301, James P. DeAngelo Esquire, hereby moves for the
admission pro hac vice of Mark A. Johnson, Esquire, with regard to the above-captioned
matter. In support of this Motion, he states the following:
1. My name is James P. DeAngelo and I am a member in good standing of the
bar of the Commonwealth of Pennsylvania.
2. Mark A. Johnson, Esquire, is an attorney with the firm of Krukowski &
Costello, S.C, with an office at 7111 West Edgerton Avenue, Milwaukee, Wisconsin 53220,
Phone (414) 423-1330, Fax (414) 423-1694. As set forth in the attached Verification, Mark
A. Johnson is an active member in good standing of the bar of the State of Wisconsin.
3. Mark A. Johnson, Esquire was admitted to practice before the Wisconsin
state courts on May 18, 1992.
4. Mark A. Johnson has never been convicted of a crime.
5. Mark A. Johnson does not have any disciplinary action or contempt
proceeding or any proceeding that resulted or could have resulted in the suspension,
revocation or impairment of his license to practice law in any jurisdiction.
6. Defendant, Arnold Logistics, LLC desires that Mr. Johnson represent them in
this matter. Mr. Johnson desires to participate as co-counsel in this matter
7. The undersigned counsel will continue to act as attorney of record in this
action pursuant to Bar Admission Rule 301(a).
8. Mark A. Johnson has paid the requisite fee to the Pennsylvania Interest on
Lawyers Trust Account Board (IOLTA Board), as evidenced by the attached $100 fee
payment certification, dated May 8, 2008, and has provided to the Board the information
required by 204 Pa. Code 81.504.
9. The undersigned certifies that he has disclosed the full text of this Motion and
proposed Order to all parties by fax and that concurrence to both the Motion and proposed
Order has been given.
WHEREFORE, the undersigned moves for the special admission of Mark A.
Johnson to the bar of the Commonwealth of Pennsylvania for purposes of the above-
captioned action.
BTj'NURICK
M ES WJJ LLC
ames P. DeAngelo
D. No. 62377
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5470
Dated: 5 ?I o8 Attorneys for Defendant,
Arnold Logistics, LLC
EUGENE A. KOSTELAC, JR.
Plaintiff
vs.
ARNOLD LOGISTICS, LLC
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 08-1701
VERIFICATION OF MARK A. JOHNSON
AS OUT-OF-STATE COUNSEL APPEARING PRO HAC VICE
I, Mark A. Johnson, hereby depose and state as follows:
1. My frill name and office address are as follows:
Name: Mark A. Johnson
Office: Krukowski & Costello, S.C.
7111 West Edgertown Avenue,
Milwaukee, Wisconsin 53220
Telephone: (414) 423-1330
Facsimile: (414) 423-1694
Mailing Address:
7111 West Edgerton Avenue
Milwaukee, Wisconsin 53220
I have been retained by Arnold Logistics, LLC to appear in this matter and I respectfully
seek admission to appear pro hac vice and represent my client before this Court.
2. I am currently licensed to practice law in the state courts of Wisconsin, License
No. 1018110. I am in good standing.
3. I have not been suspended, disbarred or otherwise disciplined or sanctioned by
any lawyers' disciplinary agency in any jurisdiction, nor is any disciplinary action or
investigation concerning my conduct pending before any lawyer disciplinary agency in any
j urisdiction.
4. I am seeking admission pro hac vice as counsel for Defendant in Eugene A.
Kostelac, Jr. vs. Arnold Logistics, LLC, Case No., 08-1701, before the Cumberland County
Court of Common Pleas. Other than in this case, I have not applied for admission pro hac vice
in any pending actions in the courts of record of Pennsylvania. I have not been denied admission
pro hac vice in any pending action in any Court of record in Pennsylvania.
5. I will comply with and be bound by the applicable statutes, case law and
procedural rules of the Commonwealth of Pennsylvania, including the Pennsylvania Rules of
Professional Conduct.
6. I shall submit to the jurisdiction of the Pennsylvania Courts and the
Pennsylvania Disciplinary Board with respect to acts and omissions occurring during my
appearance in the above-captioned matter, for which I am seeking pro hac vice admission.
7. I have consented to the appointment of James P. DeAngelo of McNees Wallace &
Nurick LLC, as the agent upon whom service of process shall be made for all actions, including
disciplinary actions, that may arise out of the practice of law in this matter, for which I am
seeking pro hac vice admission.
8. Attached to the motion for my admission (pro hac vice) is my Pennsylvania
Interest On Lawyers Trust Account Board's (PA IOLTA) fee payment certification, dated May 8,
2008 for my appearance in this matter.
Mark'A. Johnson
STATE OF WISCONSIN
COUNTY OF MILWAUKEE
Sworn to and subscribed before me
this day f May, 2008
tary Public
M}% Commission Expires: *7//A0/ ,2
May 08 08 01:58P Connie Leeds 7172382031 P,3
SUPREME COURT OF PENNSYLVANIA
PENNSYLVANIA INTEREST ON
LAWYERS TRUST ACCOUNT BOARD
P. O. BOX 1025 • 115 STATE STREET
HARRISBURG, PENNSYLVANIA 17108-1025
7171'228-2001 0 888-PA-IOLTA (724.6582) • 717/238-2003 FAX
paiolta@pacourts.us
www.paiolta.org
Chair
MAUREEN P. KELLY, Esquire May 8, 2008
Two Gateway Center
603 Stanwix Street, 81h Floor
Pittsburgh, PA 15222-5412
vita-chair Sent by fax: (414) 423-1694
WlI LIAM P. CARLUCCI, Esquire
Williamsport, PA
Mark A. Johnson, Esquire
KRIJKOWSKI & COSTELLO, S.C.
Board Members 7111 West Edgerton Ave.
HUBERT X. GILROY, Esquire Milwaukee, WI 53220
Carlisle, PA
£WIS F. GOULD, JR., Esquire
Philadelphia, PA Dear Attorney Johnson:
Vi LLIAM7.HANGLEY, Esquire This letter serves as the fee payment certification referenced n 204 Pa
Philadelphia, PA Code §81.503 and acknowledges receipt of the $• 00 fee paid by
PENI' A I{ESSLER Check, number 7180, on this date related to your pursuit for admission
Pittsburgh, Esquire
PA re pro hac vice in the case identified as Eugene ia;Kostelac, Jr, v. Arnold
Locistics L.LC, case no. 08-1701, filed in the Couit of Commcn Pleas
M. MARK MENDEL, Esquire of Cumberland County.
Philadelphia, PA
MICHAEL H, REED, Esquire You shoulc refer to Pa Rule of Civil Procedure 1012.1, local court rules,
Philadelphia, PA and other regulations of 204 Pa Code §81.501 et. seq, concerning
additional requirements related to seeking pro hat vice admission.
Sincerely,
Executive Director
ALFRED J, AZEN f"L
t ?.
Alfre1. Ater
Exe tcutive Direct Ift
cc: James I:1, DeAngelo, Esq.
(717)2.37-5300
G:1CL',DOCIPHVIACK LTR120081May1May S.wpd
Administering Pennsylvania's Interest On Lowyerc Trutt Arraunt (ICILTA) Program
EUGENE A. KOSTELAC, JR.
Plaintiff
vs.
ARNOLD LOGISTICS, LLC
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
: No. 08-1701
VERIFICATION OF JAMES P. DeANGELO AS SPONSOR FOR
OUT-OF-STATE COUNSEL, MARK A. JOHNSON
I, James P. DeAngelo hereby depose and state as follows:
1. My full name and office address are as follows:
Name: James P. DeAngelo, Esquire
Office: McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Telephone: (717) 232-8000
Facsimile (717) 237-5300
2. I state that after reasonable investigation, I believe that Mark A. Johnson is a
reputable and competent attorney and I recommend the candidate, Mark A. Johnson's admission
pro hac vice;
3. Other than this case, I am acting as a sponsor of candidates for admission
pro hac vice in no current cases in the courts of record in this Commonwealth;
4. I state that the proceeds from the settlement of the cause of action in this matter,
Case No. 08-1701 before the Cumberland County Court of Common Pleas, shall be received,
held, distributed and accounted for in accordance with Rule 1.15 of the Pennsylvania Rules of
Professional Conduct, including the IOLTA provisions, thereof, if applicable.
ames P. DeAngelo
Dated: SA1103
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing revised
motion for admission pro hac vice was served this date by first class mail, postage prepaid,
addressed as follows:
Michael J. Crocenzi, Esq.
Goldberg Katzman, P.C.
320 Market Street
Harrisburg, PA 17101
James P. DeAngelo
Dated: Sl04/05
EUGENE A. KOSTELAC, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 08-1701 CIVIL
ARNOLD LOGISTICS, LLC,
Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, this Y' day of June, 2008, upon consideration of the Motion of
James P. DeAngelo to grant admission pro hac vice of Mark A. Johnson, Esquire, for the
purpose of representing Defendant, it is hereby ordered that:
1. Mark A. Johnson be and hereby is admitted pro hac vice to the bar of the
Commonwealth under Pennsylvania Bar Admission Rule 301, as co-counsel on behalf of
Defendant in this matter;
2. Mark A. Johnson shall abide by the rules of this Court, including all disciplinary rules;
3. Mark A. Johnson shall immediately notify this Court of any matter affecting his
standing at the bar of any other court where he may be admitted to practice; and
4. James P. DeAngelo, the moving party herein, shall continue to be responsible as
counsel of record for the conduct of this matter on behalf of the Defendant.
BY THE COURT,
Edgar ayley, J.
fe-1
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pat s,,?, i°? -90/5107
VIWA"MNN3d
Z f ,g Wv s- Nnr 6002
AdViG114UHIOdd 3Hi dQ
3,D+3G-.
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
EUGENE A. KOSTELAC, JR. ,
Plaintiff ,
V.
ARNOLD LOGISTICS LLC ,
Defendant ,
No. 08-1701
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly please mark this action settled and discontinued with prejudice.
Respectfully submitted,
GOLDBERG KATZMAN, P.C.
Michael J. C ocenzi, Esq.
320 Market Street
Harrisburg, PA 17101
(717) 234-4161
Attorneys for Plaintiff
Date: g1A /d ?
CERTIFICATE OF SERVICE
I, Malinda A. Elliott, Paralegal with Goldberg Katzman, P.C., do hereby certify
that a true and correct copy of the foregoing document was served upon the following by
depositing the same into the United States Mail, first-class mail, postage pre-paid, to:
James P. DeAngelo, Esquire
McNees, Wallace & Nurick
100 Pine Street
PO Box 1166
Harrisburg, PA 17108
GOLDBERG KATZMAN, P.C.
By: Q mla (/' ak'$?
Malinda A. Elliott, Paralegal
Date: 8/dg/of
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