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Home My WebLink About01-6978F: WILES~DATAFILE~ONEGAL.DOC~ 190-COM. 1/tde Revised: 12d10/01,04:54:09 PM TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs JOSHUA MORRISON and DUANESBURG AIRCRAFT LEASING SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW 01- 6,97~ ~ -Fo.--- JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: December 11, 2001 MARTSON DEARDORFF WILLIAMS & OTTO By G.oeffge B. Failer, Jr., Esqui/~ -' I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Tony and Donna Laudenslager F:WILES~DATAFILE~)ONEGAL DOCM 90'COM. 1 Created: 10/26/01 09:Ig:$7AM TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs JOSHUA MORRISON and DUANESBURG AIRCRAFT LEASING SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Tony H. and Donna F. Laudenslager, husband and wife, who are adult individuals who reside at 190 Alanthia Lane, Etters, Cumberland County, Pennsylvania 17319. 2. Defendant Joshua Morrison is an adult individual residing at 900 Rockcity #99, Ballston Spa, New York 12020. 3. Defendant Duanesburg Aircraft Leasing Services, Inc. is a business entity with an office address of P.O. Box 131, Duanesburg, New York 12056. 4. Defendant Duanesburg Aircraft Leasing Services, Inc. is or was the registered owner of a Cessna 182 airplane, serial number 33534. 5. On Saturday, February 10, 2001, the Cessna 182 was leased by Defendant Duanesburg Aircraft Leasing Services, Inc. to Defendant Joshua Mordson. 6. At approximately 8:30 p.m. on February 10, 2001, the Cessna 182 owned by Defendant Duanesburg Aircraft Leasing Services, Inc. and operated by Defendant JoshuaMorrison was caused to crash and land in the Plaintiffs' yard. 7. As a result of the Cessna 182 crashing in their yard, Plaintiffs incurred damages in the amount of $4,550.00 to remove the airplane and repair the lawn. A copy of the repair estimate from Bryce Davis of Davis Florist and Garden Center is hereby attached as Exhibit "A." 8. The Cessna 182 was caused to crash into the Plaintiffs' yard as a result of the negligence, recklessness and carelessness of the Defendant Duanesburg Aircraft Leasing Services, Inc. in that it: a. failed to properly maintain the Cessna 182; b. failed to properly warn the Defendant, Joshua Morrison, regarding any defects of the Cessna 182 that would have caused it to land in Plaintiffs' yard; and c. failed to properly supply the Cessna 182 with adequate fuel and/or proper gauges to determine the amount of fuel. 9. The Cessna 182 crashing into the Plaintiffs' yard was caused by the negligence of Defendant Joshua Morrison in that he: a. failed to properly fuel the Cessna 182 which he was flying; b. failed to properly monitor the gauges which showed the amount of fuel on the Cessna 182; and c. failed to properly operate the Cessna 182 or monitor the amount of fuel to avoid landing in the Plaintiffs' yard. 10. The damages incurred by the Plaintiffs were as a result of the joint and several negligence of the Defendants. WHEREFORE, Plaintiffs demand judgment against the Defendants in the amount of $4,550.00 plus interest and costs. MARTSON DEARDORFF WILLIAMS & OTTO /BYGeo~b~. Faller, ~r., Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Tony H. Laudenslager and Donna F. Laudenslager Date: December 11,2001 );:)ropo l Of 'lori t & 6 rdcn Ctzntcrs, Ine. 405 HOfFER ROAD EUZAI3ETHTOWN, Pa. 17022 (717) 361 ~3907 FAX (717) 361-7797 PROPOSAl SUBMi i .i ED TO: DATED: APRIL 14, 2001 4200 LOCUST LANE HARRISBURG, PA. 17109 (7 17) 54~4721 FAX (7 17) 54~:~5167 TONY LAUDENSLAGER 190 ALANTHia LANe E~FERS, PA 17319 PHONE: 938~458 WE HEREBY SUBMIT SPECIFICATIONS AND ESTIIViATES FOR: AS A RESULT OF THE AIRPLANE ACCIDENT AND THE EQUIPMENT USED TO REMOVE THE AIRPLANE, THE LAWN WAS DAMAGED. RUTS WERE MADE AND THE LAWN WAS DUG UP IN AN AREA APPROXIMATELY 7,500 SQUARE FEET. THE LAWN NEEDS TO BE COMPI FTELY REGRADED IN THIS AREA AND NEW SOD iN~ i-ALLED OR LAWN RESEEDED. THE HOMEOWNER WANTS THE LAWN BACK TO THE EXISTING CONDITION IMMEDIATELY SO SOD WILL NEED TO BE INSTAl I I~E). WE PROPOSE HEREBY TO FURNISH MA ! ~IRIAL AND LABOR --COMPIEE IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS FOR THE SUM OF: TO REGRADE AND PREP LAWN AREA FOR SOD $ 750.00 TO DELIVER AND IN~'i"aLL 7,500 SQ. FT. OF SOD $2,400.00 TO REGRADE ENTIRE DISTURBED AREAS AND REMOVE EXCESS DEBRIS AND SEED PERIM~ III~R AREA AROUND NEW SOD $1,400.00 TOTAL: $4,550.00 Laudenslager - Davis Florist & Garden Center Page 1 of 2 EXHIBIT "A" Aii MATERIAL IS GUARANTEED TO BE AS SPECIFIED. Al ! WORK TO BE COMP! FTED IN A WORKMANUKE MANNER ACCORDING TO ~i'ANDARD PRACTICES. ANY ALr~'RATION OR DEVIATION FROM ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS VV!! I BE EXECUTED ONLY UPON WI~ m m ~i ORDERS, AND Wal !. BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. Al I AGREEMENTS CONTINGENT UPON ~FRIKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL OUR WORKER~ ARE FUIi y COVERED BY WORKMEN'S COMPENSATION INSURANCE. SIGNATURE~ AUTHORIZED B~ce L. Davis eegpt ne¢ of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined herein. Date Of Acceptance Signature of Acceptance Laudeaslager - Davis Flori~ & Garden Cmte~ Page 2 of 2 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon info,c~ation which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. o~ty I~. Laudenslag F:'~FILESkDATAFIL~DONF~AL.DOC~ 190-COM. $ VERIFICATION The foregoing &document& is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Donna Y~. Lat~den~lag~ HO¥ ,9 0 2001 TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs JOSHUA MORRISON and DUANESBURG AIRCRAFT LEASING SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- 6978 JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: You are hereby directed to file the attached Proof of Service, via certified mail, indicating service on Defendant Joshua Morrison on December 14, 2001. MARTSON ~ARDORFF WII,,IvlAMS & BYGeor~e(l~f. Fa~er, Jr.~,~squ)'f'e [] N I. D. Number 49813 u Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 OTTO Attorneys for Plaintiffs Mr. Tony H. Laudenslager Mrs. Donna F. Laudenslager Date: January 2, 2002 · Complete ite~m 1, 2, and 3. ~lso oomplete IMm 4 if Pa~ De#very Is deshed. · Print your ~and address on the revm'se ~o tha~ we can ?etum the card to you, · Allach this card to the back of the mailplece, or on the fl'ont if space permits. B. Date of B~ Yes 3. Service Type ~"C~t h3ed blell [] Registered [] Ir!aured Mall 4. Rest~cted Delivery? (Ex~a Fee) r-I Ye~ P~ Form 3~11; July 1999 ~ Domestic Return Receipt ,..= ,, ............. . ~¢/~ CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Duanesburg Aircraft Leasing P.O. Box 131 Duanesburg, NY 12056 Mr. Joshua Mordson 900 Rockcity #99 Ballston Spa, NY 12020 MARTSON DEARDORFF WILLIAMS & OTTO ]By (~~.d-,~.~. ~ Melind)~ A. Hall Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 2, 2002 TONY iff. LAUDENSLAGER and DO~A F. LAL'DE?4$LAGER, h/w~ Flaimiff~ JOSHUA MOI;'.P. ISON and DL?.NESBrJRG .4dRCKAFT LEASINg3 SERVICES ~C, De~.nd~nts THE COURT O1: COMMON PLEAS OF CU%,~'BERi, AND COL~TY, PENrNSYLVANIA CIVIL ACTION - LAW 01-6978 Civil Ten yr,.rRy TPJ_AL DEiVIA2¥DED ~N'SWER TO_P. LMNTIFFS' COMPLAINT JOSHUA MORR2SON in answer to PlaintifFs* Complaint states as fiA!ow;: This defendant nekhcr admits nor :lenies the al!egat!ons contained .;n p~agmph 1 of Piaintift~' Complaint m'.d demands ~trict proof 2. Tl:te allegations contained m paragraph 2 of Plaintiffs' Compl~nt ~ co,oct. 2. ~is det~r~dma neither admits nor de, es ~e allegations coma[ned m p~aph 3 of ~!aintiffs' Complaint md ~em~s strict 4. This ~fen~ant nexther admits nor de,es flue allegations contined ~ p~a~aph 4 of Pl~ntift~' Complaint ~nd deman~ strict proof ~ereof. 5. This defead~a~t denies t~e a~legafions = stated in paragraph 5 ofP~oimiffs' Complaml. 6. T[xis det~m~mt denies the allegations ~ stated in paragraph 6 efPl~fiffs' C,~mplamt 7. Ti:is aefendan[ nc:thor ~ nor denies thc allegations cantoned ~n p~agraph 7 of Plainuffs' Con:pl~urg ~d dcma,~d~ attic[ prooflhereofan~ in the alt~ativz ~enies :~aid allegations S. [nsofr~ ~ pam~aph 8 o~lainfi ff~' CompI~t [~ no: dk~ted to ~his def~nt, this defeno~at mares no ansxver [hereto. Hewers, ifp~'agraph 8 c~ be inte~mtzd ;s being dk*cted aghnst ~et%n~nt, ~i5 defendant dcn[*s each ~d ¢v~'U allegation contained in P~-a~aph 8 of Plaintiffs' Con,plaint, [nc!t:.fiag ~ub~aragraph~ (a) through (¢), mud each of fl~em, arid dem~d$ stSet proof the~of. 9. Th~ defenflan~ denies ~ach and every allegation co,nabbed in ?~ra~raph 9 cf Pla~iffs' Complaint, including sabpa¢~grapb~ [a) tlu'ough (c), and each ~f aaem. 10. T~s defendant deni*s each m~d ev~ all~gatien contained m P~agraph 10 of Plaintiffs' Complaint. This de~2nd~ denies that ~e Plaimiffs ~e entitled to ~y sum cfmone2 what~o.~ver ~d prays that Plain:iffs' Complaint dismissed at P!alntiffs' cost~, ~ty ~99, Bailston 5pa, New Yo~k 12020 F:WLLES~DATAF1LE~DONEGAL.DOO 190 -pra.2/sjs Crea~d: 05/23/0208:41:41 AM Revised: 05/29/02 05:48:30 PM TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs Vo JOSHUA MORRISON and DUANESBURG AIRCRAFT LEASING SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- 6978 JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: You arc hereby directed to reinstate the attached Complaint and return it to thc attorney for service. MARTSO ORFF WILLIAMS & OTTO By Geor~B. Faller, Jr., EsquirI I. D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Mr. Tony H. Laudenslager Mrs. Donna F. Laudenslager Date: May 29, 2002 F:~FiLES\DATAFILE~DONI~GAL DOCX 190-pr a.3/cnY Created: 07/03/02 09:36:12 AM Revised: 07/03/02 09:49:45 AM 3050,190 TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs JOSHUA MORRISON and DUANESBURG AIRCRAFT LEASING SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 01-6978 JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE You are hereby directed to file the enclosed Affidavit of Service from the Schenectady County Sheriffs Department indicating that Duanesburg Aircraft Leasing was served with the reinstated Complaint on June 18, 2002. MARTSON DEARDORFF WILLIAMS & OTTO By ~ George B. Faller, Jr.,~s'quire I. D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 3, 2002 Attorneys for Plaintiffs .AFFIDAVIT OF SERVICE SCHENECTADY COUNTY SHERIFF'S DEPARTMENT ATTENTION: CIVIL DIVISION 320 VEEDER AVENUE SCHENECTADY, NEW YORK 12307 FAX 518-393-6020 TELEPHONE 388-4304 STATE OF NEW YORK OUT OF STATE COURT COUNTY OF OUT-OF-STATE DOCKET NO.S02-0000725NAC TONY H. & DONNA F. LAUDENSLAGER ,Plaintiff, -against- DUANESBURG AIRCRAFT LSNG SRVC. ,Defendant(s) I DONNIE G. WILLIAMS certify that on the 18th day of June, 2002 at approximately 16:40 , at: MAIN ST DUANESBURG AIRPORT DUANESBURG AIRPORT, N.Y. 12056 service of the annexed NOTICE AND COMPLAINT was made upon: DUANESBURG AIRCRAFT LSNG SRVC. the defendant/respondant named herein in the following manner: NAILED By affixing a true copy thereof to the door of the above AND mentioned address: said address being the business place MAILED of the Defendant. Also by mailing a copy of the annexed NOTICE AND COMPLAINT to the Defendant at his/her last known residence which was MAIN ST DUANESBURG AIRPORT, DUANESBURG AIRPORT, N.Y. 12056 on 06/18/2002. The following attempts at personal service were made: MAIN ST DUANESBURG AIRPORT Nk~IN ST DUANESB%IRG AIRPORT I~ut~ ~ Mak~e Service 06/11/2002 % 06/17/2002 Dated:~,.§ I~ 16:00 18:50 , 20 07 Sworn and~b, scribed to Before Me this /q day of ~...~C)r")l~.~ , 20d~. ~' CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe To Document Service Pursuant to The Pennsylvania Long Arm Statute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Duanesburg Aircraft Leasing P.O. Box 131 Duanesburg, New York 12056 Joshua Morrison 900 Rockcity #99 Ballston Spa, New York 12020 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 3, 2002 TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA MORRISON and DUANESBURG AIRCRAFT LEASING SERVICES, INC. Defendants CIVIL ACTION-LAW 01-6978 JURY TRIAL OF TWELVE DEMANDED TO: DUANESBURG AIRCRAFT LEASING You are hereby notified that on November/~__, 2002, the following Judgment has been entered against you in the above-captioned case: $4,550.00 plus interest and costs of suit. Date: /t/. I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Duanesburg Aircraft Leasing P.O. Box 131 Duanesburg, NY 12056 TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs JOSHUA MORRISON and DUANESBURG AlP, CRAFT LEASING SERVICES, INC. Defendants TO THE PROTHONOTARy: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 01-6978 : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Duanesburg Aircraft Leasing in the amount of $4,550.00, plus interest and costs of suit, as prayed for in the Complaint and for failure to file an answer to Plaintif£s Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on August 1,2002, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Date: November 15, 2002 MARTSO~EARDORFF WILLIAMS & OTTO Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TONY H. LAUDENSLAGER and DONNA F. LAUDENSLAGER, h/w, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA MORPUSON and : DUANESBURG AIRCRAFT LEASING : SERVICES, INC. : Defendants : : CIVIL ACTION-LAW 01-6978 JURy TRIAL OF TWELVE DEMANDED TO: DUANESBURG AIRCRAFT LEASING SERVICES, INC. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO George B. Failer, .Ir., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 1, 2002 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Duanesburg Aircraft Leasing P.O. Box 131 Duanesburg, New York 12056 Joshua Morrison 900 Rockcity #99 Ballston Spa, New York 12020 MARTSON DEARDORFF WILLIAMS & OTTO D. l~ckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 15, 2002