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Home My WebLink About11-3870 Johnson, Duffle, Stewart & Weidner Bye Jeffrey B. Rettig I.D. No. 19616 Attorneys for Defendantz' 301 Market Street ? P. O. Box 109 ° c, Lemoyne, Pennsylvania 17043-0109 , - (717) 761-4540 c <o jbr@jdsw.com ` HEPCO COMMUNICATIONS, INC., Plaintiff V. B.C. McALLISTER PAVING, INC., Defendant NO. 11-3870 CIVIL ACTION - LAW PROPOSED ORDER AND NOW this _Zday of 0l f kLl 2011, upon consideration of the Petition to Open Default Judgment and Stay Execution filed by Plaintiff's counsel, it is hereby ORDERED that said Petition is granted. Defendant has 10 days from the date of this Order to file the Answer. The Writ of Execution is hereby stayed indefinitely. J. ZT P f ,ol ?? ?ettrey ! pK8 J. Chad , sN??FF -in bin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA F1LFD-0,F F ICE C!F THE PROTHONOTARY Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com 4 f .?tt't # f,M 4U' J7 C ??t?tTY r`cl?i*??4 f? Attorneys I I A HEPCO COMMUNICATIONS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 11-3870 V. CIVIL ACTION - LAW B.C. McALLISTER PAVING, INC., Defendant NOTICE TO PLEAD To: Plaintiff c/o J. Chad Moore, Esquire 270 Market Street Millersburg, PA 17061 You are hereby notified to file a written response to the enclosed Defendant's Answer to Plaintiff's Complaint with New Matter and Counter-Claim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Duffie, Stewart & Je r e ig, Esquire A y le No, 19616 3 arket Street, P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEPCO COMMUNICATIONS, INC., Plaintiff Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 11-3870 V. B.C. McALLISTER PAVING, INC., Defendant CIVIL ACTION - LAW ANSWER. NEW MATTER AND COUNTER-CLAIM OF DEFENDANT AND NOW comes the Defendant, by its attorneys, Johnson, Duffie, Stewart & Weidner, and answers Plaintiff's Complaint as follows: 1. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 2. Admitted. 3. Denied as stated. The contract attached as Exhibit A to Plaintiff's Complaint is a written document which speaks for itself. It is specifically denied that the Plaintiff, Hepco Communications, Inc., is a party to the contract. 4. Admitted. In further answer, Defendant has paid, in fact over paid, for those benefits. 5. Denied. It is denied that Defendant owes anything to Plaintiff. In further answer, Defendant has fully paid for any advertising services provided under the contract attached as Exhibit A. 6. Denied as stated. The terms of the contract, being a written document, speak for themselves. 7. It is admitted that Defendant has been asked by Mr. Hepler to make payments. As payments under the contract have already been made in full, Defendant has refused to make any further payments. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed without cost to it. NEW MATTER 8. Defendant has paid in full for all services rendered under the contract. 9. On January 24, 2007, a Complaint was filed against Defendant by UPOD Radio, LLC d/b/a WQLV-FM Love 98.9. A copy of that Complaint is attached hereto marked as Exhibit 2 10. The "contract" attached to the Complaint attached as Exhibit 2 is identical to the contract attached to Plaintiff's Complaint in the instant case. 11. The attorney representing UPOD Radio in the earlier action, is the same attorney who is representing Plaintiff in the instant action. 12. To resolve the earlier action, Defendant issued payment in early 2008 to UPOD Radio. LLC in the amount of $20,769.16. A receipt for that payment issued by Plaintiff's attorney is attached hereto marked as Exhibit 3. 13. Plaintiff, through its counsel, knew that Defendant had paid the contract in full although payment was made to UPOD Radio which Defendant understood to be the party that contracted with Defendant. 14. Defendant made at least one monthly payment to UPOD Radio shortly after the contract was entered into. 15. In the fall of 2007, Defendant provided "in kind services" to the Plaintiff or its successor in the agreed amount of $9,575. 16. On or about March 13, 2008, Defendant made payment of $20,769.16 to Plaintiff's attorney. 17. Defendant has fully discharged its financial obligations under the contract attached as Exhibit A to Plaintiff's Complaint. 18. Plaintiff's claim is barred by accord and satisfaction. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed without cost to it. NEW MATTER 19. The allegations of paragraphs 9 through 18 above are incorporated herein by reference thereto. 20. Plaintiff has been overcharged for the services he contracted for and has paid in excess of the amounts required under the terms of the contract. WHEREFORE, Defendant requests judgment against the Plaintiff in an amount less than $50,000, thus subjecting this claim to compulsory arbitration. Respectfully submitted, ON, DIFEE, WART & WEIDNER effrey B. Rettig I. D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 jbrCa?idsw.com :444523 Attorneys for Defendant 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 NO. 07 -- ?? V. B.C. MCALLISTER PAVING INC Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set foah 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 TAU k"'. I ?s ftlb?a "R, M.n . u t my IV, #0 SW ',dwo Pa. 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. B.C. MCALLISTER PAVING INC Defendant 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, l? -i wl? shad Moore, Esquire 270 Market Street Millersburg, PA 17061 (717) 692-5533 Attorney for Plaintiff VERIFICATION I, 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. Date: Wit Title I I I? e CUSTOMER NO. ® - J O NEW ACCOUNT 98x9 REP/NO. _ W QLV-FM DATE 234 Union Street P.O. Box 758 Millersburg, PA 17067 (777) 362-7099 FAX (777) 692-2080 Advertiser (.= Address: (Agency) Customer Send Invoice To: (] Agency ?U.-Advertiser City State /7- Zip Contact w1-' -0? Phone ( ) PROGRAM TITLE/PACKAGE START DATE END DATE" I RATE CARD # / CUSTOMER TYPE GRID # PRODUCT/CODE CUSTOMER # CO-OP DESCRIPTION, -""" N PROGRAM # AFFIDAVIT ? Yes "O No CART ? LIVE COPY ? LIVE TAG ? COPY IN ? WRITE COPY ? COPY APPROVED ? PRODUCTION APPROVED ? CASSETTE ? CART ? REEL/REEL ? IN STUDIO ? REMOTE ? SATELLITE ? NEW BUSINESS ? RENEWAL ? MAKE GOOD O SUPERSEDES ? CANCELLATION ? POLITICAL ? TRADE ? PROGRAM ? COMMERCIAL ? SPORTS WEEK OF TIME LENG. DAYS RATE TIMES TOTAL MON WE WED THU F AT SUN PER WEEK TIMES ADDITIONAL INFORMATION TALENT CHARGES REMOTE CHARGES LINE CHARGES ADDITIONAL CHARGES. ,,.:TOTAL AGREEMENT r t _ $ 1. This offer becomes o binding conlrOct upon acceptance by General Manager of Station or his authorized agent. 2. Bills shall be rendered man thly and shall be due and payable within ten (10) days from the dote 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 au broadcasting done hereunder and nor paid shall become immedi- ately due and payable of the earned rate. Advertiser shall pay all attorney's fees n the event legal action is necessary to enforce this agreement or any of the terms thereof. 4. Contract subject to short rote. or rebole. by earned frequency. 5. Political and entertainment advertising cash in advance. 6. Advertiser shall hold Station and its agents, employees and officers, harmless ogoinsl liability for libel, slander. illegal competition or trade prochce, infringement of hodemorks, trade names or program files, violation of rights of privacy and infringement of copylghts old proprietary rights resulting from the broadcasting of broadcasts herein provided in the loan turnished by adverliser. Advertiser warrants that all odvertising copy submitted to Station will truly represent the product o' services advertised and will be free hom tolse claims or assertions. Account Executive Advertiser WQLV-FM STATEMENT OF ACCOUNT Account ID: 0048 Sponsor: B.C. Mcallister Statement Date: 11/28/2Page 2 Reference Date Type 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 Please Pay This Amount EXHIBIT B 17,324.03 Current 31-60 Days 61-90 Days 91-120 Days 121+ Days Total Due 19R.16 2.862.33 2.849.59 3,209.45 8,204.50 17,324.03 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 BRIDGE ROAD MECHANICSBURG, PA 17050 PAYMENT TERMS: KINDLY REMIT PAYMENT IN FULL BEFORE THE 20TH OF THE MONTH. THANK YOU FOR ALLOWING US TO SERVE YOU! Sponsor: B.C. Mcallister Page 1 Reference Date Type Description Amount 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 7/28/2006 PMT Payment Check 1972 on Inv 06010010 B.C. M 0.00 7,305.50 06070316 7/28/2006 PMT 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 91-120 Days 121+ Days _ Total Due 198.16 2,862.33 2,849.59 3,209.45 8,204.50 17,324.03 -1 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Pennsylvania Receipt Date 03/13/2008 Receipt Time 12:34:09 Hanover and High Street 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 LA 20,769.16 VERIFICATION I, BRAD WALLISTER, hereby acknowledge that B. C. McAllister Paving, Inc. is a Defendant in this action and that I am authorized to make this Verification on its behalf; that I have read the foregoing Answer to Plaintiff's Complaint; 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. §4904, relating to unsworn falsification to authorities. B. C. McALLISTER PAVING INC. By: BRAD McALLISTER DATE: jwwe, ( 0 2011 CERTIFICATE OF SERVICE AND NOW, this 13 day of June 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer, New Matter and Counter-Claim of Defendant upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: J. Chad Moore, Esquire 270 Market Street Millersburg, PA 17061 SON, WFFJFl ,, STEWART & WEIDNER Jeffrey B. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEPCO COMMUNICATIONS, INC. Plaintiff CIVIL ACTION - LAW V. B.C. MCALLISTER PAVING, INC. Defendant NO. 11-3870 A f" iLEO-O 'ICE -' THE PROTNQNOTAR`G' 2012 JAN 18 PM 1: 20 CUMBERLAND COUNTY PENNSYLVANIA PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: J. Chad Moore, Esq., counsel for the 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 $28,175.00 with interest accruing. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: JEFFREY B. RETTIG, ESQ. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, crw??a4.so Chad Moore, Esq. a Attorney for Plaintiff _?? ? 270 Market Street T CO Millersburg, PA 17061 a (717) 692-5533 n t c AND NOW, this o?5 day of , 20/,;1,, in considera tion of the forng 175 __r' = ?-: U 5: C-_ ? Esq• etition I d r!?( po per, Asq., and &tLe&._ nn pp r- addfim / hc[ aL„ s , . p _ are appointed arbitrators in the above-ca p ioned action. as prayed for. .5 dad, By the Cou 0431. A PJ i" kL%.ll-C,FFiCL. '" 0 T1-10P O+AiRt Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEPCO COMMUNICATIONS, INC., Plaintiff V. B.C. McALLISTER PAVING, INC., Defendant NO. 11-3870 CIVIL ACTION - LAW PETITION TO WITHDRAW AS COUNSEL Your Petitioners, Johnson, Duffie, Stewart & Weidner, attorneys for the Defendant, B. C. McAllister Paving, Inc. in the above-captioned matter, request permission to withdraw as counsel and aver, in support thereof, as follows: 1. The instant matter was initiated by an unverified Complaint filed by the Plaintiff on April 25, 2011 against Defendant B. C. McAllister Paving, Inc. 2. Brad McAllister is the President of B. C. McAllister, Inc. 3. Plaintiff filed a Praecipe for Entry of Judgment for Want of an Answer and a Praecipe for Writ of Execution on June 1, 2011. 4. On behalf of Defendant, B. C. McAllister Paving, Inc. Petitioners filed a Petition to ?j?12 FE9, 23 Fri I:'S 2 1_1! " LAl4U C 0 U N i Y &MOMil befendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Open Judgment and Stay Execution on June 7, 2011. 5. An Order was entered granting Defendant's Petition on June 9, 2011 by the Honorable Albert H. Masland. 6. Defendant, B. C. McAllister Paving, Inc., through Petitioners, filed an Answer, New Matter and Counter Claim on June 14, 2011. 7. Prior to the June 7, 2011 filing, Mr. McAllister consulted with Petitioner regarding representation in the matter and retained the Petitioner at that time. 8. Due to the urgency of the matter and the rapidly approaching deadline for filing a Petition to Open Judgment, the Petitioner agreed to file said Petition before receiving a signed copy of the Representation Agreement from Mr. McAllister. A Representation Agreement confirming the parties agreement was sent to Mr. McAllister on June 8, 2011, attached hereto as Exhibit A. 9. Despite the Representation Agreement's instruction and numerous follow-up letters requesting Mr. McAllister to sign and return the Agreement and pay the agreed-upon retainer, Mr. McAllister has refused to return the signed Agreement or pay for legal services provided. 10. Since June 6, 2011, Petitioners have been rendering legal services on behalf of B. C. McAllister Paving, Inc. in the above-captioned matter. 11. To date, Mr. McAllister has failed to return a signed Representation Agreement or make any payments for legal services provided. 12. On January 24, 2012, after numerous unsuccessful attempts to communicate with Mr. McAllister regarding his representation, Petitioner advised Mr. McAllister that they would be unable to continue representing him in the instant matter, and would be filing a Motion to Withdraw Appearance in this matter. A copy of that January 24, 2012 correspondence is attached hereto and marked Exhibit B. 13. The January 24, 2012 correspondence follows numerous prior attempts to obtain a signed Representation Agreement and reach a resolution as to the outstanding balances owed by Mr. McAllister. 14. Mr. McAllister's failure to remit any payment toward the outstanding balance has caused Petitioner to realize a financial hardship. 15. Based on the above, it has been impossible to maintain any reasonable and/or appropriate attorney/client relationship. 16. The Plaintiff in the above-captioned action is represented by J. Chad Moore, Esquire, 270 Market Street, Millersburg. PA 17061. 17. Notice of this Petition has been given to Attorney Moore and Brad McAllister. 18. Should the Petitioner be permitted to withdraw, Mr. McAllister would have sufficient time in which to obtain substitute counsel and would therefore not be prejudiced. WHEREFORE, the Petitioners respectfully request this Honorable Court to enter an Order permitting them to withdraw as counsel for Brad McAllister. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: /Jeffrey B. Rettig Attorney I. D. N 616 301 Market Stre t Lemoyne, PA 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant :482616 EXHIBIT A JERSY R. DUFFIE RICHARD W STEWART EDMUND G. MYERS DAVID W. DEUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S AKDREW P. DOLLMAN (MnS , H E. H N JSON YN . MCCLAICCLAIN T N L. WADE U SEL D e_ FFIE HORACE A. C. ROY WEIDI?ER, _ ` CONSTANCE P. BR T F LEE SHIPMAN (1965-2006) 1?:-\'L+.f 1, .Ihr;i,id•??c.com June 8, 2011 Brad McAllister B.C. McAllister Paving 5140 Erbs Bridge Road Mechanicsburg, PA 17055 Re: Hepco Communications v B.C. McAllister Paving, Inc. Cumberland County C.C.P. Docket No. 11-3870 Dear Brad: This letter will set forth the terms of our agreement to represent B. C. McAllister Paving, Inc. in the above-referenced matter. This involves a lawsuit against B. C. McAllister by Hepco Communications alleging that B. C. McAllister owes money to Hepco for advertising services. A Complaint has been filed and a Default Judgment taken. You have asked us to appear on behalf of B. C. McAllister to try to get the default judgment open and then to defend B. C. McAllister assuming that we can get the judgment open. We have agreed to undertake this assignment. We will be charging B. C. McAllister Paving $200 per hour for attorney time, $70 per hour for paralegal time, plus out-of-pocket expenses. These are the same rates that were quoted to you in the Donaldson v McAllister appeal case. In that regard, you have agreed to settle the Donaldson v McAllister case and will let me know what the amount paid in settlement is. We will then credit any fees charged in the Hepco matter against the amount paid to settle the Donaldson v McAllister matter. 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Brad McAllister June 8, 2011 Page 2 If this arrangement meets with your approval, please sign the enclosed copy of this letter and return it to me in the self-addressed stamped envelope. Best regards. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER JBR:csj:444780 Enclosure - cc of Itr for signature I, Brad McAllister, acknowledge that I have read the foregoing Representation Letter and hereby state that the terms and conditions set forth therein are acceptable to me. Brad McAllister Dated: EXHIBIT B JERRY R. DUFFIE RICHARD W. STEIIIART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEV WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S ANDREW P. DOLLMAN T KTCnf?T SARAH E. HOFFMAN CAROLYN B. MCCLAIN T TTT?T ^ OF COUNSEL U1--1j--1 j?-?1 HORACE?. JOHNSON C. ROY WEIDNER, JR. CONSTANCE P. BRUNT F. LEE SHIPMAN` (1965-2006) No. 165 January 24, 2012 Brad McAllister B.C. McAllister Paving 5140 Erbs Bridge Road Mechanicsburg, PA 17055 Re: Hepco Communications v B.C. McAllister Paving, Inc. Cumberland County C.C.P. Docket No. 11-3870 Dear Brad: Plaintiff's attorney has asked that this case be referred to an Arbitration. As you know, I have been trying to communicate with you in these cases but without success. I will be filing a Motion to Withdraw our Appearance in this matter. However, that will not necessarily prevent it from being listed for an Arbitration Hearing. Very truly yours, JOPit4SON, DUFFIE, STEWART & WEIDNER JBR:csj:478303 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE AND NOW, this cV!?6ay of February, 2012, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petition to Withdraw as Counsel upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: J. Chad Moore, Esquire 270 Market Street Millersburg, PA 17061 Counsel for Plaintiff Brad McAllister B.C. McAllister Paving 5140 Erbs Bridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: arleen S. Jense Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant HEPCO COMMUNICATIONS, INC., Plaintiff V. B.C. McALLISTER PAVING, INC., Defendant IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNA NO. 11-3870 CIVIL ACTION - LAW RULE TO SHOW CAUSE d AND NOW, this 1day of February, 2012, upon consideration of Petitioner, Johnson, Duffie, Stewart & Weidner's , Petition to Withdraw as Counsel; IT IS HEREBY ORDERED that a Rule is issued upon the Defendant, B. C. McAllister, Inc., to show cause why the Petitioner is not entitled to the relief requested and the Defendant shall file an answer within_ days from the date of service of the Order. J. M1. ] C7' r1 ?? r-- -? c_Z) ?iL ?OL)r'1. t3 e S kKQ 3??71I AL t, HEPCO COMMUNICATIONS, INC., Plaintiff V. B.C. McALLISTER PAVING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 11-3870 CIVIL ACTION - LAW ORDER AND NOW this -;?f day of March, 2012, upon review of the Petition to Withdraw as Counsel filed by Defendant's counsel and in the absence of an Answer by Defendant, the Petition to Withdraw as Counsel is GRANTED. J. Distributi9n: 301 Market St, P O Box 109, Lemoyne, PA 17043 Esquire Jeffrey B. Rettig C ?'? `•'? , , J. Chad Moore, Esquire, 270 Market Street, Millersburg, PA 17061 { ? Brad McAllister, B. C. McAllister Paving, Inc., 5140 Erbs Bridge Road, Mechanicsburg, PA 17055 s' Fps rjuz.lPd ???,?. HEPCO OONIMICATIONS, INC. Plaintiff Douglas Lovelace, Jr., Esq. Adam DeLuca, Esq. Name Name B.C. MCALLISTER PAVING, INC. County, Pennsylvania No. 11 - 3870 Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the C tutiot?of this Commonwealth and that we will discharge the duties of our office w'th fi elity. S ignatu Signature Signature Gerald J. Shekletski, Esq. Name (Chairman) Strne IaFa & S4Jltski Law Firm 414 Bridge Street Address New Cumberland, PA 17070 City, Allied Att=pys of Offtzal PA Law Firm Law Firm 36 Donegal Drive 61 West Louther Street Address Carlisle, PA 17013 In the Court of Common Pleas of Cumberland Civil Action - Law. Zip City, Award Zip Address Carlisle, PA 17013 City, Zip We, the undersigned -rbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: (Chairman) Notice of Entry of Award Now, the _3e y f, day of ik1 au 1. , 20 /,)- , at ?'• ?2 a 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 upo ppeal: $ Pro onotary March 30, 2012 1111 ..mod By: Deputy ehad Moei t G%s M y;,: ? ?/r[d h'!G?'l/FS?'r"; ?ls' C'. t?'JfA%/is?tr ? ?a:?? ?? '=? -0112 eef,e5 Ina. Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEPCO COMMUNICATIONS, INC., Plaintiff V. B.C. McALLISTER PAVING, INC., Defendant NO. 11-3870 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance on behalf of Defendant, B. C. McAllister Paving, Inc., in the above-captioned action. f??'{vC I" ilF i 1 0 T11-11 4 PEN SYt_ . , . ITT s for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Jeffrey B. Retti Attorney I. D. No. 19616 301 Market Street Lemoyne, PA 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant :489837 CERTIFICATE OF SERVICE AND NOW, this ??iday of April, 2012, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe to Withdraw Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: J. Chad Moore, Esquire 270 Market Street Millersburg, PA 17061 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: Ca teen S. Jens (n r? Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I . D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com 2151 9%P'R 2'c AM II: t !'1 tiOERLAQ COUNT`'( Aft6i VINAl9kAendant HEPCO COMMUNICATIONS, INC., Plaintiff V. B.C. McALLISTER PAVING, INC., Defendant NO. 11-3870 CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, B. C. McAllister Paving, Inc., in the above-captioned action. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: C J ey B. Rettig Attorney I.D. No. 196 301 Market Street Lemoyne, PA 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant 493372 CERTIFICATE OF SERVICE AND NOW, this jj?'day of April, 2012, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe to Enter Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: J. Chad Moore, Esquire 270 Market Street Millersburg, PA 17061 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: 0??- Cakeen S. Je ?7/ Hepco Communications, Inc. vs B. C. McAllister Paving, Inc. NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS IN THE COURT OF COMMON PLEAS "iHo D r, CUMBERLAND COUNTY, PENNSYLV"I¢AFP ?6 '1 11I13q NO. 11-3870 `IOERLAND COUNTY _r-ENNSYLVANIA TO THE PROTHONOTARY: Notice is given that B. C. McAllister Paving, Inc. appeals from the award of the board of arbitrators entered in this case on March 30, 2012 A jury trial is demanded F1 (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I 1. the compensation of the arbitrators has been paid, or (Strike out the inapplicable clause.) ApY"' t1G t rne?/?6r Appellant NOTE: Tha r jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. rtk U 416. g6 IPA Cl?µ 39Tao lp- A0)-) ?a-7 9 a11? HEPCO COMMUNICATIONS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. B.C. MCALLISTER PAVING, INC., DEFENDANT 11-3870 CIVIL TERM ORDER OF COURT AND NOW, this O?'7 " day of October, 2012, a bench trial in the above-captioned matter shall commence at 8:45 a.m., Friday, December 28, 2012, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is further ORDERED AND DIRECTED that a pretrial conference with counsel, in chambers, is scheduled for Monday, December 17, 2012, at 1:30 p.m. Each party shall submit to chambers a pretrial memorandum that comports with Local Rule 212-4. By the Court, Albert H. Masland, J. ? J. Chad Moore, Esquire For Plaintiff n 4 ? Jeffrey B. Rettig, Esquire For Defendant r'n - m cnr' -4 ro a o° :sal ;cs .na+ /eW ma 0 M -c rn X> .? Johnson, Dufffie, Stewart 8~ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEPCO COMMUNICATIONS, INC., Plaintiff Attorneys for Defendant ~L, =~~~, c :~;~~ .~. ~~ ~ ~, ~{ ~; IN THE COURT OF COMMON PLEa~ OF CUMBERLAND COUNTY, PENNA NO. 11-3870 v. B.C. McALLISTER PAVING, INC., Defendant CIVIL ACTION -LAW DEFENDANT'S MOTION FOR A CONTINUANCE -,~,`~,c {.;3 -, - ~~ ~~ 1. On or about October 26, 2012, the undersigned counsel was advised that the Court had scheduled anon-jury trial in this case before Judge Masland for December 28, 2012. 2. On November 5, 2012, the undersigned counsel wrote to Plaintiff's counsel advising of a conflict on that date and requesting his concurrence in seeking a continuance. 3. On November 13, 2012, the undersigned received correspondence from Plaintiff's counsel indicating that he would not concur with a continuance. 4. The undersigned counsel has apre-paid vacation with his family out-of-state scheduled for December 22, 2012 returning December 28, 2012. 5. The Defendant is not insured for this claim and is being represented personally by the undersigned counsel. 6. The undersigned counsel participated in the depositions taken in this case and should be trial counsel for the Defendant. 7. This is the first request for a continuance in this case. FOR THE FOREGOING REASONS, your Honorable Court is respectfully requested to postpone the trial of this case from December 28, 2012. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER e ey .Rettig, re Attorney I.D. No. 16 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-mail: jbr(a~jdsw.com Attorneys for Defendant 525921 CERTIF-CATE OF SERVICE AND NOW, this ~ ~ day of November, 2012, the undersigned does hereby certify that he did this date serve a copy of Defendant's Motion for Continuance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: J. Chad Moore, Esquire 270 Market Street Millersburg, PA 17061 Counsel for Plaintiff DUFFIE, STEWART & WEIDNER HEPCO COMMUNICATIONS, INC., PLAINTIFF V. B.C. MCALLISTER PAVING, INC., DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-3870 CIVIL TERM ORDER OF COURT .7 day of November, 2012, upon consideration of Defendant's Motion for a Continuance, the bench trial scheduled for December 28, 2012 is cancelled and rescheduled to commence at 1:30 p.m., Thursday, January 3, 2013, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is further ORDERED AND DIRECTED that a pretrial conference with counsel, in chambers, is scheduled for Monday, December 17, 2012, at 1:30 p.m. Each party shall submit to chambers a pretrial memorandum that comports with Local Rule 212-4. By the Court, ., ' ~~~~ ~~ Albert H. Masland, J. Chad Moore, Esquire For Plaintiff ,/,leffrey B. Rettig, Esquire J For Defendant :sal c-] ~; ~ -, z~ ~ `~~' ' ~x "'~ vr'-; N ~ c - .t ---~ c::: ~, ~ .:;~ ~c .~ c iv ;-~,c. _. .~~