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HomeMy WebLinkAbout07-6154ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA V. NO. 01- lol54 01vi(7e_rm LOUBIER MASONRY, INC., and JRL CIVIL ACTION - LAW CUSTOM HOMES, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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. ovtiGINA- 366024 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 S. Bedford Street, Carlisle, PA 17013 TELEPHONE 1-800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 TELEFONO 1-800-990-9108 366024 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0,7 - 61sT CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Melanie and Neil Tate, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals, who reside in York Springs, Adams County, Pennsylvania. 2. Defendant Loubier Masonry, Inc., and JRL Custom Homes are corporations incorporated under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 140 Shrivers Corner Road, Gettysburg, Adams County, Pennsylvania, 17325, that regularly conducts business in Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about May 14, 2007, at approximately 9:12 a.m. on Shrivers Corner Road, Gettysburg, Adams County, Pennsylvania. 4. At that time and place, Plaintiff Melanie Tate was operating her motor vehicle, a 1998 Dodge Grand Caravan, in a westbound direction on Shrivers Corner Road. 366024 5. At the same time, John Loubier, while in the scope of employment with Defendant Loubier Masonry, Inc., and JRL Custom Homes, was operating a 2004 Ford E 350 construction vehicle in an eastbound direction on Shrivers Corner Road. 6. At all times relevant herein, John Loubier was operating the 2004 Ford E 350 construction vehicle in the scope of his employment with Defendants Loubier Masonry, Inc., and JRL Custom Homes. 7. John Loubier was driving the construction vehicle while under the influence of illegal drugs. 8. As John Loubier was traveling east on Shrivers Corner Road, he attempted to pass a school bus in a "no-passing" zone and entered Plaintiff Melanie Tate's lane, causing a head-on collision. COUNTI Melanie Tate v Loubier Masonrv Inc., and JRL Custom Homes 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Melanie Tate are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which John Loubier operated his employer's vehicle while in the course and scope of his employment with Loubier Masonry, Inc., and JRL Custom Homes as follows: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; b. failure to stay within his lane of travel; 366024 2 C. passing a school bus in a "no-passing" zone; d. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; e. failure to keep proper and adequate control over his vehicle; f. driving while under the influence of a controlled substance in violation of 75 Pa. Cons. Stat. Ann. §3802; and g. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 11. Given his consumption of illegal drugs, John Loubier and his employers, Loubier Masonry, Inc., and JRL Custom Homes, knew or should have known that John Loubier was unable to safely operate a motor vehicle before the subject motor vehicle accident. 12. John Loubier and his employers, Loubier Masonry, Inc., and JRL Custom Homes, knew or should have known that John Loubier's conduct of operating a motor vehicle while intoxicated and/or under the influence of illegal drugs, constituted outrageous conduct and a reckless indifference to the rights and safety of others on the roadway. 13. John Loubier and his employers, Loubier Masonry, Inc., and JRL Custom Homes, knew or should have known that operating a motor vehicle while intoxicated and/or under the influence of illegal drugs created a high degree of risk of injury to other motor vehicle operators on Shrivers Corner Road. 366024 3 14. Loubier Masonry, Inc., and JRL Custom Homes, as the employers of John Loubier, is liable for John Loubier's reckless and outrageous conduct that caused a motor vehicle accident resulting in personal injuries, and claim for punitive damages is made therefor. COUNT II Melanie Tate v Loubier Masons Inc., and JRL Custom Homes 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference. 16. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Melanie Tate are the direct and proximate result of the negligence of Loubier Masonry, Inc., and JRL Custom Homes, for entrusting the 2004 Ford E 350 construction vehicle to John Loubier as follows: a. permitting John Loubier to operate the 2004 Ford E 350 construction vehicle, although the Defendants knew or should have known that he was consuming illegal drugs at the time of the subject motor vehicle collision; b. failing to properly supervise the operation and use of the 2004 Ford E 350 construction vehicle by John Loubier, knowing that he had a propensity to drive while intoxicated; and c. permitting John Loubier to operate the 2004 Ford E 350 construction vehicle while he had a history of outrageous conduct. CLAIM I Melanie Tate v. Loubier Masonry Inc, and JRL Custom Homes 17. Paragraphs 1 through 16 of the Complaint are incorporated herein by reference. 366024 4 18. Plaintiff Melanie Tate sustained painful and severe injuries, which include but are not limited to a right femur fracture, fractured finger of the left hand, fractured right ribs, scalp laceration, laceration of the liver, and a fractured right foot/ankle joint. 19. By reason of the aforesaid injuries sustained by Plaintiff Melanie Tate, she was forced to incur liability for medical treatment, hospitalization, medications, surgery, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 20. Because of the nature of her injuries, Plaintiff Melanie Tate has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 21. As a result of the aforementioned injuries, Plaintiff Melanie Tate has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 22. As a result of the aforementioned injuries, Plaintiff Melanie Tate has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 23. As a result of the aforementioned injuries, Plaintiff Melanie Tate has sustained work loss and a permanent loss of her earning capacity, and claim is made therefor. 24. Plaintiff Melanie Tate continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 25. As a result of the aforesaid accident, Plaintiff Melanie Tate has sustained scars which will result in permanent disfigurement, and claim is made therefor. 366024 5 CLAIM II Neil Tate v Loubier Masonry Inc. and JRL Custom Homes 26. Paragraphs 1 through 25 of the Complaint are incorporated herein by reference. 27. As a result of the aforementioned injuries sustained by his wife, Plaintiff Neil Tate has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Melanie and Neil Tate demand judgment against Defendants Loubier Masonry, Inc., and JRL Custom Homes in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: I Q_/ 1 ANGINO & ROVNER, P.C. A- Da. Utz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 366024 6 F I VERIFICATION We, Melanie and Neil Tate, Plaintiffs, hereby verify that the facts set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. WITNESS: !no Offv? 4I Melanie Tate Neil Tate Date: 366024 C'? rv -gyp K3._ _ `., n TJ -..{ 00 fl" r C" ? R two O ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 1711©-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Loubier Masonry, Inc., and JRL Custom Homes DATE OF NOTICE: DECEMBER 6, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, NAMELY, YOU HAVE FAILED TO RESPOND TO THE COMPLAINT FILED AGAINST YOU ON OR ABOUT OCTOBER 19, 2007, AND SERVED ON YOU ON NOVEMBER 7, 2007, BY THE SHERIFF. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 13R\0NP? 371384 A M)IAO LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 1-800-990-9108 Date: 1?/4 t"') ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 371384 f CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the IMPORTANT NOTICE upon all Defendants via certified mail, return receipt requested, postage prepaid first class United States mail addressed as follows: CERTIFIED MAIL, RETURN RECEIPT REQUESTED Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Dated: ? ?' "? 01 371384 C3 -cr +?' ?? -:; c.,°. ,_ ...- ,?.., c:,? ??°' y ?:? ? .? ., Ca ; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06154 P ,.COMMONWEALTH OF PENNSYLVANIA: 1 COUNTY OF CUMBERLAND TATE MELANIE ET AL VS LOUBIER MASONRY INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT LOUBIER MASONRY INC but was unable to locate Them deputized the sheriff of ADAMS to wit. in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 7th , 2007 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 ? Dep Adams County 26.00 Postage 2.23 ??i31o1 65.23 D(A 11/07/2007 ANGINO & ROVNER Sworn and subscribe to before me this day of So answers: R. Thomas Kline Sheriff of Cumberland County A. D. r -• SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06154 P COMMONWEALTH OF PENNSYLVANIA: Y COUNTY OF CUMBERLAND TATE MELANIE ET AL VS LOUBIER MASONRY INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: JRL CUSTOME HOMES but was unable to locate Them deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 7th , 2007 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00- 16.00 ?I?31 °p1? 11/07/2007 ANGINO & ROVNER Sworn and subscribe to before me this day of So answer .T R." Thomas Kline Sheriff of Cumberland County A. D. r In The Court of Common Pleas of Cumberland County, Pennsylvania Melanie Tate et al e VS. Loubier Masonry Inc et al SERVE: Loubier Masonry Inc No. 07=6154 civil Now, October 31, 2007, hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Adams deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, November 5 , 20 07 , at 8:49 o'clock P. M. served the within Complaint in Civil Action upon Loubier Masonry, Inc. at 140 Shrivers Corner Rd., Gettysburg, PA 17325 by handing to Jobn R. Loubier, Sr., owner a true and attested. copy of the original complaint and made known to Jobn R. Loubier, Sr. the contents thereof. So answers, D he rifA LAJ ff of ams County, PA Sworn and subscribed before me this day of N/A , 20 COSTS SERVICE $ 24.00 MILEAGE 2.00 AFFIDAVIT $ 26.00 Pd. 11/6/07 RSK r 16 In The Court of Common Pleas of Cumberland County, Pennsylvania Melanie Tate et al vs. Loubier Masonry Inc et al SERVE: JRL Custom Homes No. 07=6154 civil Now, October 31, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, November 5 , 20 07 , at 8:49 o'clock P. M. served the within Complaint in Civil Action upon JRL Custom Homes at 140 Sbrivers Corner Rd., Gettysburg, PA 17325 by handing to Jobn R. Loubier, Sr., owner a true and attested . copy of the original complaint and made known to Jobn R. Loubi er . Sr. Sworn and subscribed before me this day of N/A , 20 the contents thereof. So answers, X eputy eriff Sh of Adams County, P4 COSTS SERVICE _ MILEAGE _ AFFIDAVIT ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT PURSUANT TO Pa.R.C.P. 237.1 To the Prothonotary of Cumberland County: Please enter judgment against Defendants Loubier Masonry, Inc., and JRL Custom Homes for failure to file an Answer to Plaintiffs' Complaint filed o October 19, 2007. The Sheriff's Return documents showing proof of service is attached as Exhibit A. A copy of the Important Notice to take a default judgment was filed on December 10, 2007, and is attached as Exhibit B. The Important Notice was served upon the Defendants by certified mail, return receipt requested on December 8, 2007. A copy of the proof of service is attached as Exhibit C. 373391 ORIGINAL Accordingly, please enter judgment in favor of the Plaintiffs and against the Defendants. Date: 1 ANGINO & ROVNER, P.C. D I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 373391 SHFRIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06154 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TATE MELANIE ET AL VS LOUBIER MASONRY INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LOUBIER MASONRY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 7th , 2007 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 26.00 Postage 2.23 65.23 11/07/2007 ANGINO & ROVNER So answers: R.`Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of , A. D. E4 ?,?j 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06154 r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TATE MELANIE ET AL VS LOUBIER MASONRY INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: JRL CUSTOME HOMES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 7th , 2007 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answer •-'' Docketing 6.00 `l ?- Out of County .00 Surcharge 10.00 R.-'Thomas Kline .00 Sheriff of Cumberland County 1 V . w v 11/07/2007 ANGINO & ROVNER Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Melanie Tate et al vs. Loubier Masonry Inc et al SERVE: Loubier Masonry Inc No. 07=6154 civil Now, October 31, 2007, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, November 5 , 20 07 , at 8:49 o'clock P. M. served the within Complaint in Civil Action upon Loubier Masonry, Inc. at 140 Sbrivers Corner Rd., Gettysburg, PA 17325 by handing to Jobn R. Loubier, Sr., owner a true and attested. copy of the original complaint and made known to John R. Loubier, Sr. the contents thereof. So answers, D Sberiff= Uj- ff of A Tams County, PA Sworn and subscribed before me this day of N/A , 20 COSTS SERVICE $ 24.00 MILEAGE 2.00 AFFIDAVIT $ 26.00 Pd. 11/6/07 RSK In The Court of Common Pleas of Cumberland County, Pennsylvania Melanie Tate et al vs. Loubier Masonry Inc et al SERVE: JRL Custom Hanes Now, October 31, 2007 hereby deputize the Sheriff of Adams deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, November 5 , 20_07 , at 8:49 o'clock P. M. served the within Complaint in Civil Action upon JRL Custom Homes at 140 Sbrivers Corner Rd., Gettysburg, PA 17325 by handing to Jobn R. Loubier, Sr., owner a- true and attested . and made known to Jobn R. Loubier. Sr. No. 07=6154 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do the contents thereof. So answers, eputy eriff LAJ . Sh of ams -County, P COSTS Sworn and subscribed before SERVICE $ me this day of N/A , 20 MILEAGE AFFIDAVIT copy of the original complaint 1 - i _ `- ,r C.r! ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO. 07-6154 CIVIL TERM LOUBIER MASONRY, INC., and JRL CIVIL ACTION - LAW CUSTOM HOMES, Defendants JURY TRIAL DEMANDED TO: Loubier Masonry, Inc., and JRL Custom Homes DATE OF NOTICE: DECEMBER 6, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, NAMELY, YOU HAVE FAILED TO RESPOND TO THE COMPLAINT FILED AGAINST YOU ON OR ABOUT OCTOBER 19, 2007, AND SERVED ON YOU ON NOVEMBER 7, 2007, BY THE SHERIFF. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 371384 `v 1 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 1-800-990-9108 Date: -C) ANGINO & ROVNER, P.C. ON David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 371384 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the IMPORTANT NOTICE upon all Defendants via certified mail, return receipt requested, postage prepaid first class United States mail addressed as follows: CERTIFIED MAIL, RETURN RECEIPT REQUESTED Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Dated:' Mare T. G xaets 371384 (Domestic Only, No Insurance Coverage Provided) ru r.q For delivery information visit our website at www.uspsxom,? ru Ln Postage $ CO M Certified Fee T"?r?nfi t7 Return Receipt Fee sstmark OO (Endomemem Required) Here Restricted Delivery Fee (; " f (l X r-3 (Endorsement Required) L r-q Total Postage & Fees $ ru sent To br Stress!, Apt. hio , `° ' - - -1 - _^ -----•---- M1 or P- Box No. _.__ LSS . Ciry, State, ZlP+4 Y/ _"•' """' PS Form :3800, ALIgust r ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we car atum the card to you. ,.V Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to. L Cis A. Signature ?? i ? Agent x ?-?G?1 a? ? dre B. Received by (Printed ?) -?C- t el 1_04-e ?( I D. Is delivery address different from item 17 [ f Ye: If YES, enter delivery address below: No 3. ice Type Certifted Mail ? Express Mail ? Registered Retum Receipt for Merchandise ? Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes SO 0003 8542 1217 t 102595-02-M•1540 i CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT PURSUANT TO Pa.R.C.P. 237.1 upon all Defendants via certified mail, return receipt requested, postage prepaid first class United States mail addressed as follows: CERTIFIED MAIL, RETURN RECEIPT REQUESTED Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Dated: j C? ,S 1I M T. G raets 373391 0 ? O J 0 ?, ? b v va 00 }?w7 Gti.S ^tP K"S 4. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID4 : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANTS - SET NO. I To: Defendants Loubier Masonry, In., and JRL Custom Homes Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that the records attached from York Hospital, labeled Exhibit "A," are medical records pertaining to Melanie Tate and the medical treatment she received as a direct result of the injuries she sustained in a motor vehicle accident that occurred on May 14, 2007? Admit Deny 2. Do you admit that the records attached from Wellspan Surgical Associates, labeled Exhibit "B," are medical records pertaining to Melanie Tate and the medical treatment she received 376106 1 as a direct result of the injuries she sustained in a motor vehicle accident that occurred on May 14, 2007? Admit Deny 3. Do you admit that the records attached from Orthopedics Spine Specialist, labeled Exhibit "C," are medical records pertaining to Melanie Tate and the medical treatment she received as a direct result of the injuries she sustained in a motor vehicle accident that occurred on May 14, 2007? Admit Date: February __It__, 2008 Deny ANGINO & ROVNER, P.C. rl-K David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 376106 2 CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANTS - SET NO. 1 upon all Defendants by postage prepaid first class United States mail addressed as follows: Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Kathy A. oney Dated: February " 2008 376106 3 na 2, ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg„ PA 17110-1708 (717) 238-6791 FAX (7 i 7) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REOUEST FOR ADMISSIONS TO DEFENDANTS - SET NO.2 To: Defendants Loubier Masonry, In., and JRL Custom Homes Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 380847 1 1. Do you admit that the record attached from Dr. David Granger, labeled Exhibit "D," is a medical report outlining the treatment Melanie Tate received as a direct result of the injuries she sustained in a motor vehicle accident that occurred on May 14, 2007? Admit Deny ANGINO & ROVNER, P.C. Davi . Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: March 2008 380847 2 CX' t Brian L. Bider MO 7 David L. Cohen, MO • {; Todd/t Coiran, NO Cracia Etienne, MD ' M/chaelB Furman, MD times l. Ci/hoo% DO 't avid) Oiangel, DPM S'. even K Groff, MO Dennis M Orolman, MO Ooaq/asl. HOfmann, MD M%chae/A !Mein, MD Michae/F Mitrick, 00 Michae/l Moritz, MD /C Nicholas Parade/idis, MO Lawrence S Po//tick, 00 March 21, 2008 Chad M. kottel, DO M/chaeU Sicaranza, NO Soiettel Sang, MO Steven!. Triantafyt/oa, MO X/tram // Utmef lr, DO Peter) 4an0iesen, MO Yincen 9wera, MO Emeritas Angino & Rovner, P.C. Attn: David Lutz 4503 Front Street Harrisburg, PA 17110-1799 Re: Melanie A Tate 2401 Idaville York Springs RD York Springs, PA 17372 Dear Mr. Lutz: 0 Orthopaedic Spine SPECIALISTS As you are well aware, Ms. Tate sustained multiple injuries in a motor vehicle accident, including a calcaneal fracture. Since there was minimal displacement of the calcaneal fracture, she was treated conservatively with casting. She did heal this uneventfully but subsequently had pain over the lateral ankle afterwards. It was diagnosed as a peroneal subluxation, which was confirmed under recent magnetic resonance imaging. The patient is having difficulty with ambulation with this peroneal injury and limitation of her activities of daily living. Surgically, I recommended peroneal reconstruction as well as possible calcaneal exostectomy. These surgeries typically do improve the patients symptomatology with a reduction in peroneal dislocation. Long term, the patient may also require a subtalar fusion if she does have symptoms in her subtalar joint, posttraumatic in nature, down the road. The patient also understands this and that it is not necessary at this time since she is not having symptomatology in this area. The patient understands her diagnosis and treatment plan. She does seem motivated to get back to work at her preinjury level. After her peroneal repair, she will require a period of physical therapy to improve her gait, range of motion, and strength of the lower extremity. My goal is to have her ambulating painfree without bracing within 3 months. 1855 Powder Mill Road York, PA 17402 (717) 848-4800 1750 Fifth Avenue York, PA 17403 (717) 848-2297 Melanie A Tate Acct# 113607 DD 03/21/2008 ORT Page #2 If there are any further questions, feel free to contact me at any time. Sincerely, DAVID J. GRANGER, D.P.M. DJG/bd CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANTS - SET NO. 2 upon all Defendants by postage prepaid first class United States mail addressed as follows: Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Dated: March 3 J , 2008 Kathy . Toney 380847 3 r - CD PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) () for JURY trial at the next term of civil court (XX) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants (check one) 0 Assumpsit 0 Trespass (X) Trespass (Motor Vehicle) () Other The trial list will be called on and Trials commence on Pre-trials will beheld on (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 07-6154 CIVIL TERM Indicate the attorney who will try case for the party who files this praecipe: David L. Lutz, Esquire, Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. Indicate trial counsel for other parties if known: Defendants have no counsel. Defendants' address is as follows: 140 Shrivers Corner Road, Gettysburg, PA 17325 This case is ready for trial. Date: 4-30-08 Signed: Qs? Print Name: David L. Lutz, Esquire Attorney for Plaintiff(s) W 'b .p -st d oe ' 10. C31 m 9 0 s MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6154 CIVIL TERM ORDER OF COURT AND NOW, this 14`h day of May, 2008, a pretrial conference in the above matter is scheduled for Thursday, August 14, 2008, at 9:30 a.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, September 4, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J.,/Wesley Oler, J: David L. Lutz, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Loubier Masonry, Inc. and JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Defendants, pro Se 9- Court Administrator _ ? " ; * :rc ? VS!ASNN-Id LNmr, 6 ? :6 WV 9 1 IN 800Z ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs (party) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. ANGINO & ROVNER, P.C. Date: -0 387394 Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Melanie and Neil Tate Plaintiff/s versus :No. 07-6154 Civil Term Loubier Masonry, Inc., and JRL Custom Homes Defendant/s : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Department of Transportation Bureau of Driver Licensing Vehicle Record Services P.O. Box 68691 Harrisburg, PA 17106-8691 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information pertaining to all vehicles owned by John C. Loubier (date of birth is 9-21-72) as of 5-14-07, including insurance information on said vehicles at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID Attorney for: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 35956 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 387395 Return of Service: On the day of served (name of person served) by: (Describe method of Service) with the foregoing subpoena I verify that the statements in the Return of Service 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: (Signature) 387395 116 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the NOTICE OF INTENT TO SERVE A SUBPOENA upon all Defendants via postage prepaid first class United States mail addressed as follows: Loubier Masonry, Inc. JRL Custom Homes 144'Shrivers Corner Road Gettysburg, PA 17325 Dated: It 1 _ Mary T. raets 387394 c_T; A ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, . Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) certificate; (3) a copy of the notice of intent, including the proposed subpoena, is attached to this no objection to the subpoena has been received; and 399975 (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 389875 C7 r N o g y i MI L:rl _ ?.C? -13 C -r ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs (party) intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. ANGINO & ROVNER, P.C. Date: .--'C)3? 4-Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 387394 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Melanie and Neil Tate Plaintiffs : versus : No. 07-6154 Civil Term Loubier Masonry, Inc., and JRL Custom Homes Defendants : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Department of Transportation Bureau of Driver Licensing Vehicle Record Services P.O. Box 68691 Harrisburg, PA 17106-8691 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information pertaining to all vehicles owned by John C. Loubier (date of birth is 9-21-72) as of 5-14-07, including insurance information on said vehicles at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney for: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 35956 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 387395 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the NOTICE OF INTENT TO SERVE A SUBPOENA upon all Defendants via postage prepaid first class United States mail addressed as follows: Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Dated: tea' ?? Mary T. raets 387394 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the CERTIFICATE PREREQUISITE TO SERVE A SUBPOENA upon all Defendants via postage prepaid first class United States mail addressed as follows: Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Dated: ?' t 6 - L?/ 388875 r... ` ' c :,. .? `t"3 r?? . ?" , a t '-.. -r" ? ...... ? i - i ?.?.", . 'i? .. ?....... .. ,.: ri `_ ,ti MELANIE and NEIL TATE, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants NO. 07-6154 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 13th day of August, 2008, due to a conflict with the court's schedule, the pretrial conference previously scheduled in the above matter for August 14, 2008, is rescheduled to Tuesday, August 26, 2008, at 9:00 a.m., in chambers of the undersigned judge. The nonjury trial remains scheduled for Thursday, September 4, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, I;. Wesley Ole T, Jr., J. ,,0avid L. Lutz, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs bier Masonry, Inc. and URL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Defendants, pro Se 11 :rc 1 0 :ZI W'd £ 19AV OOOZ AdViQfti? P.iCl'c'd 34HI 30 - 'I%. 100 r- MELANIE and NEIL TATE, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LOUBIER MASONRY, INC., and: JRL CUSTOM HOMES, Defendants NO. 07-6154 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of of Judge Oler in the above-captioned case on August 26, 2008. Present on behalf of the Plaintiffs was David L. Lutz, Esquire. No person appeared on behalf of either Defendant. This is a negligence action for personal injuries arising out of a motor vehicle accident on May 14, 2007, that occurred when John Loubier, while allegedly under the influence, and in the course of his employment with Defendants, made an allegedly illegal pass on a roadway with his vehicle and struck a vehicle being driven by Plaintiff Melanie Tate head-on, causing her injuries. Plaintiff Neil Tate is suing for loss of consortium. This will be a nonjury trial of an estimated duration of one-half-day. By separate Order of Court, the nonjury trial in this matter has been scheduled for Thursday, September 4, 2008, at 9:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is noted that neither Defendant submitted a pretrial conference memorandum. To the extent that any depositions are to be read or shown to the Court during the trial and contain objections requiring rulings by the Trial Court, it is requested that copies of the affected transcripts be submitted to the Court at least 5 days prior to the scheduled trial, with the areas of objection f 1 being highlighted, and with brief memoranda in support of the party's positions on the objections. In the absence of activity in this case on the part of either Defendant, it does not appear likely that the matter will be settled prior to trial. By the Court, avid L. Lutz, Esquire vz? 4503 North Front Street Harrisburg, PA 17110-1708 For Plaintiffs /Oubier Masonry, Inc. 140 Shrivers Corner Road Gettysburg, PA 17325 /L Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 :mae `k xllv?l t , .k 0 'a ., till L Z F 1 -?'Ai 'O MELANIE and NEIL TATE, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants No. 07-6154 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 4th day of September, 2008, upon consideration of the Plaintiffs' complaint in the above-captioned matter and following a nonjury trial held on this date, the record is declared closed and the matter is taken under advisement. By the Court, ? David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 For the Plaintiffs ? Loubier Masonry, Inc. 140 Shrivers Corner Road Gettysburg, PA 17325 JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 pcb 00Pt-E9 r t?tLCL J Wesley 0- , - . , v . I r MELANIE and NEIL TATE, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants NO. 07-6154 CIVIL TERM VERDICT AND NOW, this 9`h day of September, 2008, upon consideration of Plaintiffs' complaint in the above-captioned matter, and following a non jury trial held on September 4, 2008, at which neither Defendant appeared, the court finds as follows: 1. In favor of Plaintiff Melanie Tate and against Defendants Loubier Masonry, Inc., and JRL Custom Homes, jointly and severally, as follows: a. For damages of an economic nature, in the following amounts: (1) Lost Wages .......... $17,225.58 (2) Medical expenses....... 1,721.19 (3) Mileage ..................2,025.10 (4) Property Damage ......... 600.00 b. For damages of a non-economic nature [Pain and suffering, loss of enjoyment of life, embarrassment and humiliation, and disfigurement] in the amount of ..........................$70,000.00 TOTAL ........... $91,571.87 2. In favor of Plaintiff Neil Tate and against Defendants Loubier Masonry, Inc., and JRL Custom Homes, for loss of consortium, in the amount of............ $10,000.00 ? r ? s i ' i } j ; ,. '' t, s? Ci ? . , ? ? f ?i?,i+• .,.?? f i NO OTHER RELIEF is afforded to any party. BY THE COURT, r Wesley Ole Jr., ? David L. Lutz, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs /Loubier Masonry, Inc. 140 Shrivers Corner Road Gettysburg, PA 17325 Defendant, pro Se ? JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Defendant, pro Se eon, ES ,r-a, LL 9?,?/oa . ,. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REDUCE VERDICT TO JUDGMENT To the Prothonotary of Cumberland County: Pursuant to Pa.R.C.P. 227.4, please enter judgment in favor of Plaintiff Melanie Tate in the amount of $91,571.87 and Plaintiff Neil Tate in the amount of $10,000.00 against Defendants Loubier Masonry, Inc., and JRL Custom Homes, based on the verdict of September 9, 2008, 396586 r after a trial before the Honorable J. Wesley Oler, Jr. There were no post-trial motions filed within 10 days of the verdict, as mandated by Pa.R.C.P. 227.1(c)(1). ANGINO & ROVNER, P.C. nil. 6T, Date: ?Q u ? David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 396596 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE TO REDUCE VERDICT TO JUDGMENT upon all Defendants via postage prepaid first class United States mail addressed as follows: Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 Dated: ? V ?-? -4&/ 396586 5 »'. cn, . w ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MELANIE and NEIL TATE, Plaintiffs V. LOUBIER MASONRY, INC., and JRL CUSTOM HOMES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6154 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Defendants Loubier Masonry, Inc., and JRL Custom Homes You are hereby notified that on IO 3o D , a Judgment has been entered against you in the above-captioned case. Date: P othono I hereby certify that the name and address of the proper person(s) to receive this notice is: Loubier Masonry, Inc. JRL Custom Homes 140 Shrivers Corner Road Gettysburg, PA 17325 396586 0 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII, DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Melanie and Neil Tate VS. Loubier Masonry, Inc., and JRL Custom Homes ? Confessed Judgment ® Other Verdict File No. 07-6154 Amount Due _ $101,571.87 Interest _Ongoing Atty's COMM Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of ___ Ad s County, for debt, interest and costs, upon the following described property of the defendant (s) Homes, including all vehicles owned by the Defendants, located at . PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens t real estate of the defendant(s) described in the attached exhibit. Date _ 11-11-08 Signature: Print Name: David L. Lutz, Esquire Address: 450 N. on S PPt Harrisburg, PA 17110 Attorney for: Plaintif f s Telephone: 717-238-6791 Supreme Court ID No: 35956 Y CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE FOR WRIT OF EXECUTION upon all Defendants via postage prepaid first class United States mail addressed as follows: Loubier Masonry, Inc. JRL Custom Homes .140 Shrivers Corner Road Gettysburg, PA 17325 Dated: 11 ('! a Mary 11 Geraets 367777 Q o =. ? w C C C ? O vs ° w - - ?' [1^' 1/ , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6154 Civil CIVIL ACTION - LAW TO THE SHERIFF OF ADAMS COUNTY: To satisfy the debt, interest and costs due MELANIE AND NEIL TATE, Plaintiff (s) From LOUBIER MASONRY, INC., AND JRL CUSTOM HOMES, 140 SHRIVERS CORNER ROAD, GETTYSBURG, PA 17325 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF LOUBIER MASONRY, INC., AND JRL CUSTOM HOMES, INCLUDING ALL VEHICLES OWNED BY THE DEFENDANTS, LOCATED AT 140 SHRIVERS CORNER ROAD, GETTYSBURG, PA 17325. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,571.87 L.L. $.50 Interest ONGOING Atty's Comm % Atty Paid $239.23 Plaintiff Paid Due Prothy $2.00 Other Costs Date: NOVEMBER 13, 2008 (Seal) REQUESTING PARTY: Name DAVID L. LUTZ, ESQUIRE Address: 4503 N. FRONT STREET HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-238-6791 Supreme Court ID No. 35956 LcPULY