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Home My WebLink About13-0579IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff, VS. BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. c ~ ~ '":J ~r. , ~' C i c~ 3 ~:; C-; ~ ~-~ sv - {._ . -~:' .~ ~;_r COMPLAINT IN CIVIL ACTION ~'='- c~:~ FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PAID #205951 JENNIFER L. TIS, ESQUIRE PAID #203751 RAYMOND P. WENDOLOWSKI, JR., ESQUIRE PAID #311415 Bernstein-Burkley, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO.00077215 ~ I o3.75 Pp -~`~ ~f X7393 ~ a8~~9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff, No. vs. BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. NOTICE AND COMPLAINT 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 upon you, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 2 00077215 COMPLAINT Plaintiff, Cumulus Broadcasting, LLC ("Plaintiff'), is a limited liability company with offices in Cincinnati, Ohio. 2. Defendant, Brandstand Group, Inc. ("Defendant"), is a corporation having offices and place of business at 2913 Glenwood Road, Camp Hill, Cumberland, Pennsylvania 17011. 3. Defendant, Karin Gould ("Defendant-Guarantor"), is an adult individual receiving mail or conducting business at 2913 Glenwood Road, Camp Hill, Cumberland, Pennsylvania 17011. COUNT I -AGAINST DEFENDANT. BRANDSTAND GROUP. INC. FOR BREACH OF CONTRACT 4. Plaintiff incorporates herein by reference thereto each and every of the preceding paragraphs of this Complaint as if the same were more fully set forth herein. 5. To induce the extension of credit, Defendant executed and delivered to Plaintiff an Application for Credit ("Agreement"), a true and correct copy of which is attached hereto, marked Exhibit "1," and made a part hereof. 6. At the special instance and request of Defendant, Plaintiff provided to Defendant advertising services, as are more specifically described on Plaintiffs Invoices which are identified on Plaintiff s Statement of Account. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked Exhibit " 2," and made a part hereof. 7. Plaintiff avers that Defendant received duplicates or copies of said invoices in the regular course of Plaintiff's business. 8. Defendant received and accepted the aforementioned advertising services. 9. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 00077215 10. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 11. Plaintiff avers that as of November 5, 2012, a balance of $4,000.50 remains due and owing to Plaintiff as a result of the Defendant's failure to pay for the aforementioned advertising services. 12. Plaintiff avers that the Agreement between the parties provides for interest at the rate of eighteen percent (18%) per annum as damages on the liquidated balance. 13. Plaintiff avers that interest at the aforesaid rate amounts to $84.83 from November 5, 2012 through December 18, 2012. 14. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiffs collection costs (including reasonable attorneys' fees). 15. Plaintiff avers that such reasonable collection costs (including reasonable attorneys' fees) will amount to $1,332.17. 16. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, attorneys' fees, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendant, Brandstand Group, Inc., in Count I of this Complaint in the amount of $5,417.50, with continuing interest on the principal balance at the rate of eighteen percent (18%), and costs. COUNT II -AGAINST DEFENDANT, KARIN GOULD. AS GUARANTOR 17. Plaintiff incorporates herein by reference thereto each and every of the preceding paragraphs of this Complaint as if the same were more fully set forth herein. 18. As a further inducement for the extension of credit, Defendant-Guarantor executed and delivered to Plaintiff a guaranty of payment, a true and correct copy of which is attached hereto, marked Exhibit "1," and made a part hereof. 4 00077215 19. Plaintiff avers that all conditions precedent to the Defendant-Guarantor's duty of performance under said guaranty have occurred. 20. Plaintiff has been damaged as aforesaid in Count I in the amount of $5,417.50. 21. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, attorneys' fees, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendant, Karin Gould, as Guarantor, in Count II of this Complaint in the amount of $5,417.50, with continuing interest on the principal balance at the rate of eighteen percent (18%), and costs. BERNSTE -BURKLEY, P.C. BY: Shawn .McClure, Esquire PAID #205951 Attorney for Plaintiff 707 Grant Street Suite 2200 -Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO.00077215 5 00077215 CUMULUS BROADCASTING LLC la1E;S MaII+iES CLIENT INFORMATION SWEET AND CREDIT APPLICATION Legal Name: ~ /, ~-n ~d -~~ ~ c~. ~ t'0 /r~ •]- ~ ~ _ Trade Name: ..5tt rye. Check one: ~ Corporation o Partnership o Limited Liability Company o Sole Proprietorship a Government _ Q Non-Profit Address: ~~~ .y ~ Y City /State / Zi.p: ~~r~ Phone: 717 °' f 12.-- ~ ~i 3 ~ Fax: T 1 `1 ~ Z4 f `~ ' 431,x? ~i Email: ~-e'~~ c~ ~~,"~ ~ al 1:~+~ Website: Iii wwv . ~ir ~..,, ~I,j-1-A„ ~ c~+,7.~ a , [,,c~ -» Fed Tax ID or SS: ,~ ~ ` i?~-~lrf 17 S~ State of Incorporation: Number of years in business: ~ ~ Number of Employees: Name of company principal(s) responsible for business transactions: -, Nansel Title Addrean Cl'tyrStetd7.ip 'rel. f/- r s PY ~-=t •fi~+~ S~ - C!.Yl ~ i ~ mil" _ ,~6•_ t..{_ Name Title Asldtna Cig9SlstOdZip 'rel. Trade References: Jdentify four (4) entities previously extending credit (list media references first). UPI I , l ~T ~ t,~t.•-e > •-~ , r ~'. , Namd(:smtacf _ CitydStatdZip } Tel Flu E-mail ~.-'.1,7Xn.if i cwt- ~ a•1 1 :`F~da ~-nC. 1~-~~c,4~.~.(:,a~ _fi'~.i iT1 y.-~~ °.i'y.3 ~7/ 7 !' " y~.yr„~rf-3 - Gr~1i . NamdCmtact !~r[llSteWZip Tel Faz L•-mail 3. »?tic~l . ;?'l. kr. tit+J~o/E-.t ~~L/~-11:.,,.,43 LL 4+~•a-t'7 3 7~c`~° -,:~„#'.s • aj f_3 ,= •'/~~Y, . ~~3 i , j'4; s•, ~ N ttsx ~'7~ CilylStatdZip Tel Fez ~ [i~nail ~~7_+~i+.s't..J~t~/f~ l~/.1sn11't.l~i lJt~'vr,:...~Z 43c')"l1" ls.3t; ~' ~Q,~~n~/~/4l ~® ~~ ~Fa'fN~wm~ytrct ~ ~!~'. ~C}t' ~ISns~/!try ral ~ ~~_ r/"t V FB~ I OO E-mtnl Bank Reference Bank Name: ~`~~k. ~.r-~; _ }~ •'•..+, ~-, Branch: ~ ~. ~:{ ,-.r L'.~;`,.f-,l~ Bank Contact: .(=,-t C ~r7 c.•-r~~•,, Telephone: 1i! i - ~.%fi ~,:~~'+='~=% AccountNo.: ~ .~ .~:s?.5^Il S~ I hereby certify that the information contained herein is complete and accur~e. This information bas been famished with the understanding that it will be used by Glumulus from time to time to determine the amount and conditions of the credit to be extended. Furthermore, l hereby authorize the financial institutions listed in this credit application to release necessary information to Cumulus in order to verify the information contained herein. Guarantee: The undersigned, inconsideration ofthe Applicant herein receiving credit, does hereby unconditionally, jointly and severally, guarantee payment of any and all bills or obligations incurred by Applicant. !have reviewed Cumulus's Standard Terms and Conditiats attached hereto as may be made?fled by Cwnetlus from time to time. / ltereby acknowledge and agree that such Standard Terms and Cond,+tions shall apply to aU my adveHisingpurchase orders with Cumulrrx AUTHORIZED SIGNA7'IfRE: ~ "'---- DATE: ~' ~ ` J ~..-. J PR1N1' NAME: CJ r' , » . ~ ~ u' ~ Ci -. TI7`L:E• ~.~; ' ~r ~+ ~/ -~ /"` Rev. 3/.l E v. ~ O` 7 ~ W ~ o' O {j O u x .- .. ~ b ~ V ~ yi 7 _ CCuy N ua y~ 00 C '~•}}jQppjii C $~~ ~ •~~~~pO $a t~~fi~$K~n~~ ~ 7 ~~yl~U T~Q yC7~ y~Q ~L ~~~ ~~ •~ ~ ~°C _ ° ~n Vl . ~ $ t~ '~ ~. u~ ~ .~ ~ .3 QQQ T b . .~ ~ G0~ ~ ~ ~ a~ > n r~ ~ ~ ~. `~ ~ ~ 'a0 ~ .G ~ P, C S w ~~ ~ ~~y~ <~'v~a.'`3.9~$ .3 .9 T a~°~ =Q ~yi:7n3 ~.'~ -~ .C ;" ~ $ ~ y.~t~ 8 3 ~ ~ C L ~ M O w ~ $ ~ ~ T ~ ~.g ~ ~ p ~ ~ j >. .T 7 O~ y ~j ~ .a ~ ~ ~ G Q a •a G _C ~ n !S ~ . ~ ~ 3 ~ 'A ~~1 ~ ~O ._ < Lu E 7 a ~ ~ "S - «G `li i . ~ c ~ ~t T ~ ~ 'R ~ '3 ~i ~ .~ ~a7 b o7P~ .`C ~i ~.5 `Zf ..at ~~ .9 ~~, ~ .5' !t o~ 5 ~ .. ~ ~~ .~ ~ ~ ~ -~. o~ ~ ~ . ~ ~ b .~ b ~ ~ ~ ~ T ~ ~. ~ .~ ~bs - ~ .~ ~ T a 5 ~r ~~ T ~ b ~ ~ ~. any '~ a 8 ~ b~ ,~ $~Qg N p yp~j' yp p {Y~ u T -. .~ ~ ~ S ~ ~ ~ .~.s ~ ~N ~ ~ gT ~ T ~ Se~ O Q 9 ~j' i~. ~ y 3 ~ O R b ~ ~ . .!7 b ~ ~ ~~ . ~ ~, 3~ ~3 ~~ ~~ ~ ~ T~~ sr bb - ~ < b i w ~ ~ T PG ~ ~ ~ ~+~ ~ $ g ~~ ~ ~~ b ~ ~ ~ .. b ~ ~ ~ ~ .. ~ s ~ e ~b .a~ b b .:pL.a.CCP.b~$'~~•~3 c3~ Qr3g.ri~~.e.8~ 3 ~~'l4iS.~ .4 .i~ w •~.: dec 06 ~ 2012 3:91 PM HP Fax page 2 CUSTOM R STATEMENT Cumul s -Des Moines November 1, 42 • December 6, 2012 Remit To: Cumulus -Des Manes ~pnCy; Grandstand Caroup PO 8oz 645108 PO Box 868 Cincinnati pH 45264b109 Camp HNI, PA 17001-0888 615-331-8200 Amount Duac 14„000.50 AdtR#81 S Aycy#814 Amount Paid: Advertlser: Happy Jogs Pizza Plese roturn ttie upper porl(on of ststernsM wllh Y~ Gaymsnt 05f27/12 NW7021SiT K6G0-FM ~ 2,888.50 2,808.60 Oti/27H 2 INV1021t153 KHKI-FM 2,227.00 5,125.60 11/05!12 PMT KG7G0-FM INV 1021817 -1,12b.00 3860 4.000.50 0.001 0.001 O.o~1 0.00' OAO Terms: Dua Upon Roceipt Page 1 V 4.1 Advt#815 Agcylf894 Data Printed 1 2/612 01 2 ~H~B~T a VERIFICATI(}N The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. ~ 4904, rr~iatin~ to unsworn falsification to authorities, and under penalty of perjury, that he/she is US S ('~• _ G~ og `~ •- ,4 ,Plaintiff herein, that halshe is duly authorized to make this Verification and that the rDQ • ~ facts set forth in t e foregoing COMPL~~INT sue tn-e and. correct to the best of his/her knowledge, information and. belief. -, .,-~ ~. (,Sign in Blue lnk) C007721~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff', No. 13-579 Civil Term V�. BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. PLAINTIFF'S REPLY TO NEW MATTER FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID#205951 JENNIFER L. TIS, ESQUIRE PA ID#203751 RAYMOND P WENDOLOWSKI JR., ESQ PA ID #311415 Bernstein-Burkley, P.C. Firm#718 Suite 2200 Gulf Tower Pittsburgh, PA 152)19 412-456-8100 BERNSTEIN FILE NO. C0077215 IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff, No. 13-579 Civil Term v>. BRANDSTAND GROUP, INC. and KARIN GOULD. as Guarantor, Defendants. PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes Plaintiff, Cumulus Broadcasting, LLC, by and through counsel, Bernstein-Burkley, P.C., and files the following Reply to New Matter, averring in support thereof the following: 1. Paragraph 1 of Defendant's New Matter refers to a document which speaks for itself. and to the extent Defendant's allegations in Paragraph l in any way attempt to mischaracterize that document, Paragraph 1 is specifically denied. 2. Paragraph 2 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation Of fact. said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 3. Paragraph 3 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact.. said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 4. Paragraph 4 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. Paragraph 5 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof'. 6. Paragraph 6 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 7, Paragraph 7 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact. said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. & Paragraph 8 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof 9. Paragraph 9 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation Of fact. said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 10. Paragraph 10 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. I 1. Paragraph 11 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. By way of further reply, all services requested were requested by an authorized party on behalf of Defendants. 12. Paragraph 12 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact. said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. By way of further reply, all products and services requested were properly provided as averred in Plaintiff's Complaint. 13. Paragraph 13 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact. said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. WHEREFORE. Plaintiff demands Judgment against Defendant, Brandstand Group, Inc. and Karin Gould,in the amount of$5,41.7.50, with continuing interest on the principal balance at the rate of eighteen percent {"18%), and costs. BERNSTEIN-BURKLEY, P.C. By: VC' Raymon P. Wendolowski Jr., Esquire PA ID#311415 Attorney for Plaintiff 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00077215 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff, No. 13-579 Civil Term VS. BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. CERTIFICATE OF SERVICE 1, Raymond P. Wendolowski Jr., Esquire hereby certify that a true and correct copy of the foregoing REPLY TO NEW MATTER was served on the Defendant's attorney. by regular U. S. Mail. postage prepaid, this day or—&—tc-h—, 2013, addressed as follows: Christopher S. Lucas Law Offices of Christopher S. Lucas 2917 Glenwood Road Camp Hill, PA 17011 'At Raymond P. Wendolowski Jr., Esq. PA ID#311415 Attorney for Plaintiff 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 412-456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, r Plaintiff, No. 13-579 Civil Term 'co rn = - , vs. r- x BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. PRAECIPE TO DISMISS WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID#203751 RAYMOND P. WENDOLOWSKI, JR., ESQUIRE PA ID #311415 Bernstein-Burkley, P.C. Firm#718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0077215 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff, No. 13-579 Civil Term vs. BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. PRAECIPE TO DISMISS WITH PREJUDICE AND NOW, comes Plaintiff, by counsel, Bernstein-Burkley, P.C., and Raymond P. Wendolowski, Jr., Esquire, and moves this honorable Court to enter an Order, dismissing the above-captioned matter with prejudice. Respectfully submitted, By: vV j Y Raymon P. Wendolowski, Jr., Esquir PA ID #311415 Attorney for Plaintiff Suite 2200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 412-456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff, No. 13-579 Civil Term VS. BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. CERTIFICATE OF SERVICE 1,Raymond P. Wendolowski, Jr., Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE TO DISMISS WITH PREJUDICE was served on the Defendants by regular U.S. Mail,postage prepaid, this /7 day of April, 2012, address as follows: Brandstand Group, Inc. c/o Christopher S. Lucas, Esquire Law Offices of Christopher S. Lucas 2917 Glenwood Road Camp Hill, PA 17011 Karin Gould c/o Christopher S. Lucas, Esquire Law Offices of Christopher S. Lucas 2917 Glenwood Road Camp Hill, PA 17011 vV \ i Raymond P. Wendolowski, Jr., Esqu re IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMULUS BROADCASTING, LLC, Plaintiff, No. 13-579 Civil Term vs. BRANDSTAND GROUP, INC. and KARIN GOULD, as Guarantor, Defendants. ORDER OF COURT AND NOW, to wit, this day of , 2013, upon Praecipe of Plaintiff, it is hereby ORDERED, ADJUDGED and DECREED that this matter is dismissed with prejudice. BY THE COURT: J.