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HomeMy WebLinkAbout11-7184Antonio D. Miche , Esq. DLUGE & MICHETTI 921 W. Market St. Trevorton, PA 17881 JEFFREY A. LONG, and IN THE COURT OF COMMON PLEAS RITAMARIE LONG, OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA VS. MID SOUTH BUILDING CIVIL ACTION SUPPLY, INC., M= Defendant.: NO. CV - NOTICE 7? 0 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND NST THE CLAIM 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 AN 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 32 South Bedford Street Carlisle, PA Telephone No. 249 - 3166 cj ri j 9a 46pd abl/ Llc 7Ssf 129- aw9b7 "x:- , T1 JEFFREY A. LONG, and RITAMARIE LONG, Plaintiff, VS. MID SOUTH BUILDING SUPPLY, INC., , Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. CV - - COMPLAINT AND NOW comes the Plaintiffs, by and through their attorneys, the Law Offices of Dluge & Michetti, to file this Complaint based upon the following cause of action: 1. Plaintiffs, Jeffrey A. Long and Ritamarie Long are competent adult individuals, husband and wife currently residing at 50 North Erin Road, Aristes Pennsylvania 17920. 2. The Defendant Mid South Building Supply, Inc, is a business located at 3451 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Defendant, operates a business as said location ("premises") which sells building supplies to homebuilders and re-modelers. 4. The Defendant's premises accepts deliveries of goods for the purpose of reselling the same to homebuilders and re-modelers. 5. As part of the Defendant's business, the Defendant employees personnel to operate fork-lifts to accept deliveries of goods. 6. On or about May 19, 2010, the Plaintiff Jeffrey Long, while in the process of delivering said goods was struck and run over ("accident") by a forklift operated by Defendant's employee/agent or assign. 7. The operator of said forklift was operating the machinery in close proximity to Defendant without giving warning or notice prior to running over Defendant. 8. The hazardous and unsafe operation of the forklift caused injuries to Plaintiff resulting in him sustaining serious and permanent injuries as follows: A. Bruising and contusions to his lower extremity; B. Fractures of the foot; C. Pain; D. Limitations when walking and also in other movements; F. Great pain and suffering not only from the initial injury, but continued chronic pain; G. Loss of employment and wages because of restrictions in mobility and therapy; and H. Pain and suffering with therapy. 9. The aforementioned forklift was operated in an unsafe manner and the premises was not properly marked for forklift travel so as to cause the same to pose an unreasonable risk of harm to persons using said premises. COUNT I 10. The averments of paragraphs 1 - 9 above are incorporated herein by reference as if set forth fully herein. 11. The aforementioned accident was caused wholly or in part by the Defendants negligence, carelessness, and recklessness in that: A. Defendant's failed to maintain and properly mark the premises in a reasonably safe condition to prevent or eliminate any hazardous or unsafe condition that, upon all the circumstances involved, would be an unreasonable risk of harm to persons properly using said premises. B. Defendant's failed to make a reasonable inspection of the methods of forklift operation, which would have revealed the existence of the hazardous and unsafe condition therewith. C. Defendant's failed to give warning of the hazardous and unsafe operation of the forklift, in that Defendant's failed to : (i) give warning to Plaintiff of the impending accident; (ii) monitor the forklift operation; NO post signs to warn the public of the hazardous and unsafe condition of the use and operation of forklifts; and (iv) take any other safety precautions or do any other act to prevent injury to the Plaintiff and other members of the general public using the premises. D. Defendant's agent, employee or assign operated the forklift in an unsafe manner in too close of proximity to Plaintiff. 12. Wholly or partly as a result of Defendants negligence, carelessness and recklessness, Plaintiff Jeffrey Long, sustained physical injuries aforesaid. 13. Wholly or partly as a result of Defendants negligence, carelessness and recklessness, Plaintiff Jeffrey Long has been caused to undergo physical pain, suffering, aggravation, inconvenience, embarrassment, and mental anguish for each of which he is entitled to remuneration. 14. Wholly or partly as a result of Defendants negligence, carelessness and recklessness, Plaintiff Jeffrey Long has accumulated reasonable medical expenses and necessary medical services and therapeutic treatments, for each of which he is entitled to remuneration. 15. Wholly or partly as a result of Defendants negligence, carelessness and recklessness, Plaintiff Jeffrey Long has suffered lost wages and lost productivity for which he is entitled to remuneration. 16. As a result of Defendant's negligence, Plaintiff Jeffrey Long has been unable to perform fully certain usual and customary activities of daily living, claim for which is herein made. 17. As a result of Defendant's negligence, Plaintiff Jeffrey Long has been deprived of certain usual enjoyments of life, society, family and recreation and may be so deprived in the future, claim for which is herein made. 18. As a result of Defendant's negligence, Plaintiff Ritamarie Long has been deprived of the consortium of her spouse Jeffrey Long including but not limited to certain household assistance, society, comfort, affection and services, and may be so deprived in the future, claim for which is herein made. 19. As a result of Defendant's negligence, Plaintiff Jeffrey Long has been obliged and may be obliged in the future to receive and to undergo medical attention and care and to expend various sums of money or to incur various expenses. Claim is made for all material and related expenses. WHEREFORE, Plaintiffs demand judgment be entered in their favor and against the Defendant in a sum which exceeds the jurisdictional amount for arbitration. Respectfully Submitted, n t , Date: Oct ANTONIO D. MICHETTI, ESQ. Law Offices of Dluge & Michetti 921 West Market Street Trevorton, PA 17881 Pa Bar. Id No.: 202209 VERIFICATION I, ?arrt?rre ?-c? verify that the statements made in the foregoing document are true and correct to the best of my knowledge. 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. Dated: September 12, 2011 VERIFICATION I, JEFFREY A. LONG verify that the statements made in the foregoing document are true and correct to the best of my knowledge. 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. J FR AA LONG Dated: September 1 12 2011 JEFFREY A. LONG, and IN THE COURT OF COMMON PLEAS RITAMARIE LONG, OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA VS. MID SOUTH BUILDING CIVIL ACTION SUPPLY, INC., }a-? - Defendant.: NO. CV - 11 - 7184 r _ to p__ r.3 -? PRAECIPE TO REINSTATE , TO THE PROTHONOTARY: Kindly reinstate the Civil Complaint filed and attached herewith in the above captioned matter. Respectfully requested, Antonio D. Michetti, Esquire DLUGE & MICHETTI 921 West Market Street Trevorton, PA 17881 (570) 797-8651 O'I'to,oafd al j ej4,82 -? iz?6 Qwgay L_ DONALD M. DESSEYN, Esquire 1`??c`1tTORNEY FOR DEFENDANT Attorney ID # 69179 M SOUTH BULIDING SUPPLY, INC. 21 14 r 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 k3 yl_tti! lil,. ` (717) 791-0400 SYLV[%%INIr?=, JEFFREY A. LONG and RITAMARIE LONG Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-7184 CIVIL ACTION - LAW MID SOUTH BUILDING SUPPLY, INC. : Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Donald M. Desseyn, Esquire on behalf of the Defendant Mid South Building Supply, Inc. in the above-captioned matter. D Date: G'l By: ' Donald esseyn, Esquire Attorney for Defendant Mid South Building Supply, Inc. CERTIFICATE OF SERVICE AND NOW, this 21st day of November 2011, I, Donald M. Desseyn, Esquire, Attorney for Defendant Protech Mechanical Contractors, Inc. hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Antonio D. Michetti, Esquire Law Offices of Dluge & Michetti 921 West Market Street Trevorton, PA 17881 (Attorney for Plaintiffs) By:>? Donal esseyn, squire Attorney for Defendant Mid South Building Supply, Inc. DONALD M. DESSEYN, lsEju ,.ATTORNEY FOR DEFENDANT Attorney ID # 69179 Z?Z -lt ?s «'ID SOUTH BULIDING SUPPLY, INC. 4999 Louise Drive, Suite 103 COUNT Mechanicsburg, PA 17,055 pENSY.dAN1A (717) 791-0400 JEFFREY A. LONG and IN THE COURT OF COMMON PLEAS RITAMARIE LONG CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA No. 11-7184 V. : CIVIL ACTION - LAW MID SOUTH BUILDING SUPPLY, INC. Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant Mid South Building Supply, Inc., (hereinafter "Mid South"), by and through its counsel, Donald M. Desseyn, Esquire, and for its Answer and New Matter to Plaintiff's Complaint, hereby states as follows: 1. Admitted in part and denied in part. Defendant admits that Jeffrey A. Long is an adult individual; however, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 1 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 2. Admitted with clarification. Defendant admits that Mid South Building Supply, Inc. is a business that operates at 3451 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Admitted with clarification. Defendant admits it operates a business at the subject location which includes selling building supplies to contractors; however, Defendant also leases approximately 1845 square feet of warehouse space to RMA Home Services, Inc. (hereinafter "RMA"), which was the basis for Plaintiff, Jeffrey A. Long's presence at the subject premises. 4. Admitted with clarification. Defendant admits that it accepts the delivery of goods for the purpose of reselling same to contractors; however, at the time of the subject incident, Plaintiff, Jeffrey A. Long was present to meet trucks from RMA to unload material to be placed in the leased warehouse space. 5. Admitted with clarification. Defendant admits that it employs personnel to operate forklifts in the performance of their work; however, at the time of the subject incident, Defendant was allowing a forklift operator to transport windows to the storage space at the instruction of Plaintiff, Jeffrey A. Long, for or on behalf of RMA Home Services, Inc. 6. Admitted with clarification. At the time of the alleged incident, Plaintiff, Jeffrey A. Long was in the process of receiving goods to be placed in the warehouse space leased by RMA Home Services, Inc. Moreover, an employee of Defendant was operating a forklift under the direction of Plaintiff, Jeffrey A. Long for or on behalf of RMA Home Services, Inc. 7. Denied. The allegations as set forth at Paragraph 7 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies the allegations pursuant to Pa. R.C.P. 1024(e). 8. Denied. The allegations as set forth at Paragraph 8 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies that the forklift was being operated in a hazardous and unsafe manner; and, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 8 of Plaintiffs' Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 9. Denied. The allegations as set forth at Paragraph 9 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant specifically denies that the forklift was being operated in an unsafe manner and further, denies that the absence of markings on the premises posed an unreasonable risk of harm to individuals permitted to access the lease space for or on behalf of RMA Home Services, Inc. COUNTI 10. In response to Paragraph 10 of Plaintiffs' Complaint, Defendant hereby incorporates each and every answer, averment, defense and/or denial as set forth in Paragraphs 1- 9 as if fully incorporated herein. 11. Denied. The allegations as set forth at Paragraph 11 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies that it was negligent, careless and reckless and further responds to each subpart as follows: a. Denied pursuant to PA. R.C.P. 1024(e); b. Denied pursuant to PA R.C.P. 1024(e); c. Denied pursuant to PA R.C.P. 1024(e); and, d. Denied pursuant to PA R.C.P. 1024(e). 12. Denied. The allegations as set forth at Paragraph 12 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the M allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. 13. Denied. The allegations as set forth at Paragraph 13 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. Moreover, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 13 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 14. Denied. The allegations as set forth at Paragraph 14 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. Moreover, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 14 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 15. Denied. The allegations as set forth at Paragraph 15 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. Moreover, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 15 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 16. Denied. The allegations as set forth at Paragraph 16 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. Moreover, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 16 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 17. Denied. The allegations as set forth at Paragraph 17 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. Moreover, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 17 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 18. Denied. The allegations as set forth at Paragraph 18 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. Moreover, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 18 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. 19. Denied. The allegations as set forth at Paragraph 19 of Plaintiffs' Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant denies any allegations of negligence, carelessness and recklessness and strict proof in support thereof is demanded at the time of trial. Moreover, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth at Paragraph 19 of Plaintiffs' Complaint and strict proof in support thereof is demanded at the time of trial. WHEREFORE, having fully answered, Defendant demands judgment in its favor and against the Plaintiffs and requests that Plaintiffs' Complaint be dismissed, with prejudice and that Defendant be awarded costs and any other relief deemed just and proper by this Court. NEW MATTER 20. Plaintiffs have failed to join necessary and indispensible parties to this litigation. 21. Any relief to which Plaintiffs might otherwise be entitled is barred by the applicable statute of limitations. 22. Any damages or injuries which Plaintiff may have sustained were the proximate results of acts or omissions of others not presently known by this Answering Defendant or its employees. 23. Any damages or injuries Plaintiff may have suffered as alleged in their Complaint were solely and proximately caused by their own negligence. 24. Defendant states that if the Plaintiff sustained any damages or injuries, such damages or injuries were directly and proximately caused or contributed to by the negligence of persons other than this Answering Defendant. 25. Defendant states that if the Plaintiff sustained any damages or injuries such damages or injuries were directly and proximately caused or contributed to by the negligence of the Plaintiff in failing to exercise ordinary care for their own safety under existing circumstances. 26. Plaintiff assumed the risk of any or all damages or injuries he may have suffered. 27. Plaintiff's failure to exercise reasonable care and/or assumption of the risk caused or contributed to cause any alleged injuries or damages of Plaintiffs' Complaint and therefore, Plaintiffs' claims against the Defendant are barred, or in the alternative, must be diminished by the amount that is proportionately equal to Plaintiff's percentage of negligence. 28. Any and all damages or injuries complained of were proximately caused by the intervening and superseding acts of persons and/or entities other than this Answering Defendant. 29. Plaintiff has failed to mitigate their damages. WHEREFORE, having fully answered, Defendant demands judgment in its favor and against the Plaintiffs and requests that Plaintiffs' Complaint be dismissed, with prejudice and that Defendant be awarded costs and any other relief deemed just and proper by this Court. Date: ?fj?i/al/iaC By: // Donald M. Desseyn, Esquire Attorney for Defendant Mid South Building Supply, Inc. VERIFICATION I, Stuart J. McCoy, Branch Manager, Mid South Building Supply, Inc., a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answer and New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: - 12 Name: Stuart J. McCoy, Branch Manager Mid South Building Supply, Inc. CERTIFICATE OF SERVICE AND NOW, this P day of January 2012, I, Donald M. Desseyn, Esquire, Attorney for Defendant Protech Mechanical Contractors, Inc. hereby certify that I served a copy of the within Answer and New Matter to Plaintiff's Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Antonio D. Michetti, Esquire Law Offices of Dluge & Michetti 921 West Market Street Trevorton, PA 17881 (Attorney for Plaintiffs) B y: -' Donald . esseyn, quire Attorney for Defendant Mid South Building Supply, Inc. JEFFREY A. LONG, and RITAMARIE LONG, VS. MID SOUTH BUILDING SUPPLY, INC., Plaintiff, Defendant. . VS. . RMA HOME SERVICES, INC., Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA t? c .= CIVIL ACTION r"m r i ? on NO. 11-7184 a a MC) ANSWER OF PLAINTIFF, JEFFREY A. LONG AND RITAMARIE LONG, TO DEFENDANT MID SOUTH SUPPLY, INC.'S NEW MATTER AND NOW COMES the Plaintiff Jeffrey A. Long and RitaMarie Long, by and through their attorney the Law Offices of Dluge & Michetti file an Answer to Defendant Mid South Supply's New Matter, and avers the following: 20. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 21. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 2n r- ? rn -, CD C7 CZ) ; 22. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 23. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 24. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 25. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 26. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 27. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 28. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. 29. Denied. The averments of this paragraph contain certain conclusions of law to which no response is required, if it is judicially determined that a response is required, the same is denied with strict proof thereof demanded. WHEREFORE Plaintiff respectfully requests judgment against Defendant. Respectfully Submitted: Date: ANTONIO D. MICHETTI, ESQ. Law Offices of Dluge & Michetti 921 West Market Street Trevorton, PA 17881 Pa Bar. Id No.: 202209 JEFFREY A. LONG, and RITAMARIE LONG, Plaintiff, VS. MID SOUTH BUILDING SUPPLY, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION Defendant.: NO. 11-7184 VS. RMA HOME SERVICES, INC., Additional Defendant CERTIFICATE OF SERVICE This is to certify that I have served a copy of the foregoing document upon the persons below by first class mail postage prepaid: Donald M. Desseyn, Esq 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Respectfully Submitted: Date: ANTONIO D. MICHETTI, ESQ. Law Offices of Dluge & Michetti 921 West Market Street Trevorton, PA 17881 Pa Bar. Id No.: 202209 Antonio D. Michetti, Esq. DLUGE & MICHETTI 921 W. Market St. Trevorton, PA 17881 P L;70 F'Fit?t. OF Tic It ' 'ROTNGt40TA 2012 FEB 21 P141 1:0-, CUMBERLAND COUPI Y PENNSY0ANIA JEFFREY A. LONG, and IN THE COURT OF COMMON PLEAS RITAMARIE LONG, OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA VS. . MID SOUTH BUILDING CIVIL ACTION SUPPLY, INC., . Defendant.: No. 11-7184 VS. . RMA HOME SERVICES, INC., Additional Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 32 South Bedford Street Carlisle, PA Telephone No. 717 - 249 - 3166 JEFFREY A. LONG, and RITAMARIE LONG, . Plaintiff, VS. MID SOUTH BUILDING SUPPLY, INC., . Defendant. VS. . RMA HOME SERVICES, INC., Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 11-7184 COMPLAINT OF PLAINTIFF, JEFFREY A. LONG AND RITAMARIE LONG, AGAINST ADDITIONAL DEFENDANT RMA HOME SERVICES, INC. AND NOW COMES the Plaintiff Jeffrey A. Long and RitaMarie Long, by and through their attorney the Law Offices of Dluge & Michetti file a Complaint Joining Additional Defendants Not Already A Party, and avers the following: 1. Additional Defendant RMA Home Services, Inc., of 6225 State Road, Philadelphia, Pennsylvania 19135 is a company that leases warehouse space of the Defendant Mid South Building Supply, Inc., according to the Answer and New Matter To Plaintiff's Complaint, a true and correct copy hereto attached as Exhibit .,A„ C 2. Plaintiff instituted this action against Defendant alleging that they are entitled to payment for damages caused by Defendant's alleged negligence. A copy of Plaintiff's Complaint is attached and incorporated herein as Exhibit 'T." 3. Plaintiff's Complaint is based upon their claim that damages were suffered as a result of a forklift operator causing bodily injury to Jeffrey A. Long at the building owned by Mid South Building Supply, Inc . 4. However, Defendant alleges that the premises are owned by Mid South Building Supply but part of the premises are rented to RMA Home Services, Inc. 5. According to the Defendant Mid South Building Supply, Inc.'s Answer, the forklift operator that caused the bodily injury was working for or on behalf of RMA Home Service, Inc. 6. Defendant did not join RMA Home Services, Inc., the party they allege caused Plaintiff's damages. 7. Defendant RMA Home Services have not joined the action as a party. 8. Based on the averments raised in Defendant's Answer, additional Defendant RMA Home Services, Inc is accordingly necessary and an indispensable party to this action. 9. The allowance of this Additional Defendant will permit the rights of the various parties to be heard and determined at the same time, thereby fostering judicial economy. 10. The Plaintiff's will be adversely prejudiced by denial of this Complaint as they have a good and meritorious claim to adjoin the additional Defendant. 11. The proposed additional Defendants will not be prejudiced by the joinder in this matter, since the facts which form the basis of the Complaint are simple and straightforward. WHEREFORE, Plaintiff, J`-` FREY A. LONG and RITAMARIE LONG, by and through their attorney, Joinder of Additional Defendant RMA Home Services, Inc., as necessar;, ., , it-lispensable party in the above captioned matter. Respectfully Submitted: Date: 2 - (g- 12Z ANTONIO D. MICHETTI, ESQ. Law Offices of Dluge & Michetti 921 West Market Street Trevorton, PA 17881 Pa Bar. Id No.: 202209 JEFFREY A. LONG, and RITAMARIE LONG, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VS. MID SOUTH BUILDING SUPPLY, INC., VS. RMA HOME SERVICES, INC., Additional Defendant CIVIL ACTION NO. 11-7184 CERTIFICATE OF SERVICE This is to certify that I have served a copy of the foregoing document upon the persons below by first class mail postage prepaid: Donald M. Desseyn, Esq 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Date: Respectfully Submitted: ANTONIO D. MICHETTI, ESQ. Law Offices of Dluge & Michetti 921 West Market Street Trevorton, PA 17881 Pa Bar. Id No.: 202209 FILED-Or FICI: Off" THE PROTHONOTARY JEFFREY A. LONG, and RITAMARIE LONG, Plaintiff, VS. Q. BERLANO COUNTY WTHEYCOM OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MID SOUTH BUILDING SUPPLY, INC., Defendant. RMA HOME SERVICES, INC. . Additional Defendant. CIVIL ACTION NO. CV-11-7184 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Civil Complaint filed and attached herewith in the above captioned matter. Res ctfully requested, Antonio D. Michetti, Esquire DLUGE & MICHETTI 921 West Market Street Trevorton, PA 17881 (570) 797-8651 S uI1 .75 Pd a? C?k iaPy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Jeffrey A. Long (et al.) vs. Case Number Mid South Building Supply, Inc (et al.) 20 11-7184 SHERIFF'S RETURN OF SERVICE 05/25/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: RMA Home Services, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of' Philadelphia County, Pennsylvania to serve the within Complaint and Notice according to law. 06/13/2012 Philadelphia County Return: And now, June 13, 2012 I, Jewell Williams, Sheriff of Philadelphia County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RMA Home Services, Inc. the defendant named in the within Complaint and Notice and that I am unable to find them in the County of Philadelphia and therefore return same NOT FOUND. Request for service at 6225 State Road, Philadelphia, Pennsylvania 19135 the Defendant was not found. Deputies were aclvised, RMA Home Services. Inc. has not been at this address in two years. SHERIFF COST $31,00 June 28, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY- v SO ANSWERS, 4-Y R ANDERSON SHERIFF SHERIFF'S OFFICE OF CUMBERLAND 0.00UNTY Ronny R Anderson jj Sheriff Jody S Smith Richard W Stewart Chief Deputy Solicitor Jeffrey A Long (et al.) vs. Mid South Building Supply, Inc. (et al.) 04 SERVICE COVER SHEET 0 N N Service Details: o Category: Civil Action - Complaint & Notice X Manner: Deputize Expires; 06/22/2012 W Notes: LO M 0) r Q d a Serve To: a Name: w Primary Q Address: J 2 a- Phone: 0 OQ Alternate Ix Address: w Phone: Case Number 2011-7184 Zone. rl Warrant: Final Service: RMA Home Services, Inc. Seeded; Personally Adult In Charge Po` f-ed -tether /I Fr? 6225 State Road "A F Adult. In Philadelphia, PA 19135 Charge: DOB: Relation: Date: Time., Deputy: Mileage: N Attorney / Originator: fD Name; Antonio D. Michetl:i Phone; 570-797-8651 Service Attempts: Date: co Time: y i _ _ .... Mileage: CV Deputy: Notes /Special' Instructions: W U ?S ? Now, May 25, 2012 I Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Philacelphia County to Lu execute service of the documents herewith and make return thereof according to law. = Return To: Q Cumberlanc County Sheriff's Office One Courthouse Square .4 -- Carlisle PA 17013 Ronny R Anderson Sheriff DONALD M. DESSEYN, Esquire Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (7171791-0400 ATTORNEY FOR DEFENDANT MID SOUTH BULIDING SUPPLY, INC. JEFFREY A. LONG and RITAMARIE LONG Plaintiffs v. MID SOUTH BUILDING SUPPLY, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ~ PENNSYLVANIA ~ -° - -- ~~ ~ ~ No. 11-7184 ~ ~ ~ CIVIL ACTION -LAW ~ a " ..~ ~°, x 0 ~ ~ JURY TRIAL DEMANDED ~"'~ ~' r`- --a rv - ; cr, ~~ 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, Donald M. Desseyn, Esquire certifies 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) a copy of the notice of intent, including the proposed subpoena, is attached to certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is to the notice of intent to serve the subpoena. Date: BY~ Donal sseyn, squire Attorney for Defendant Mid South Building Supply, Inc. i DONALD M. DESSEYN, Esquire Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEY FOR DEFENDANT MID SOUTH BULIDING SUPPLY, INC. JEFFREY A. LONG and RITAMARIE LONG Plaintiffs v. MID SOUTH BUILDING SUPPLY, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-7184 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AN THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Donald Desseyn, Esquire, counsel for Defendants intends to serve a subpoena identical 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 subject subpoena maybe served. Date: O~/`a2%2 By: ~~ ~. Donald M. a seyn, Esquire Attorney for Defendant Mid South Building Supply, Inc. DONALD M. DESSEYN, Esquire Attorney ID # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEY FOR DEFENDANT MID SOUTH BULIDING SUPPLY, INC. JEFFREY A. LONG and RITAMAR.IE LONG Plaintiffs v. MID SOUTH BUII.DING SUPPLY, INC. Defendant IN 'I'II COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-7184 CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4409.22 TO: Helmsman Management Services, LLC 15 Kings Grant Drive Bala Cynwyd, PA 19004 Within twenty (20) days after .service of this subpoena, you are ordered by the court to produce the following documents and things: any and all materials pertaining to the Workers' Compensation Claim Number WC 390-563417 regardin J~ ef&ey A. Long at 4999 Louise Driv Suite 103, Mechanicsburg, PA 17055. You may deliver or mail legible copies of the documents or produce things requested this subpoena, together with the certificate of compliance to the party making this request at address listed above. You have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. _ ,_ _ If you fail to produce the documents or things required by this subpoena within twenty '~ (20) days after its service, the party serving the subpoena may seek a court order compelling to comply with it. This subpoena was issued at the request of the following person: Donald M. Desseyn, Esquire Attorney I.D. #69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney for Defendants BY THE COURT: Date: (Prothonotary) CERTIFICATE OF SERVICE AND NOW, this ls' day of August 2012, I, Donald M. Desseyn, Esquire, Attorney Defendant Mid South Building Supply, Inc., hereby certify that I served a copy of the Notice of Intent to Serve a Subpoena to Produce Documents and Things directed to Management Services, LLC on this date by depositing same in the United States mail, prepaid, in Mechanicsburg, Pennsylvania, addressed to: Antonio D. Michetti, Esquire Law Offices of Dluge &Michetti 921 West Market Street Trevorton, PA 17881 (Attorney for Plaintiffs) By: ~~ Donald Nl":"l'3~sseyn, squire Attorney for Defendant Mid South Building Supply, Inc. CERTIFICATE OF SERVICE AND NOW, this 24~' day of August 2012, I, Donald M. Desseyn, Esquire, Attorney Defendant Mid South Building Supply, Inc., hereby certify that I served a copy of the Certificate Prerequisite to Service of a Subpoena directed to Helmsman Management LLC on this date by depositing same in the United States mail, postage prepaid, Mechanicsburg, Pennsylvania, addressed to: Antonio D. Michetti, Esquire Law Offices of Dluge &Michetti 921 West Market Street Trevorton, PA 17881 (Attorney for Plaintiffs) By: in Attorney for Defendant Mid South Building Supply, Inc. DONALD M. DESSEYN, Esquire ATTORNEY FOR DEFENDANT Attorney ID # 69179 MID SOUTH BULIDING SUPPLY,INC. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 JEFFREY A. LONG and IN THE COURT OF COMMON PLEAS RITAMARIE LONG CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA No. 11-7184 c C= -0a V. : m a� - CIVIL ACTION-LAW �� U) MID SOUTH BUILDING SUPPLY INC. > — Defendant JURY TRIAL DEMANDED r 5 D� =q -� N PRAECIPE TO ATTACH TO THE PROTHONOTARY: Please attach the enclosed Verification for Defendant's Answers to Interrogatories executed by Defendant to the Answers to Plaintiffs' Interrogatories Directed to Defendant Mid South Building Supply,Inc. which were previously forwarded to Plaintiffs' counsel in the above- captioned matter. Date: D �/� By. 1� Donald -De sseyn, squire Attorney for Defendant Mid South Building Supply,Inc. VERIFICATION 1, Stuart J,. McCoy,Branch Manager,Mid South Building Supply,Inc., a Defendant herein,verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answers to Plaintiffs Interrogatories Directed.to,Defendant Mid South Building Supply,Inc. are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answers to Plaintiffs Interrogatories Directed to Defendant Mid South Building Supply, Inc. and New Matter to Plaintiffs.' Complaint are that of counsel, have relied upon counsel in.executing this Verification. erification. This statement is made subject to the penalties of 1.8 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Name. Stuart J. Mc y,Branch Manaw, Mid South Building Suppl ---c. CERTIFICATE OF SERVICE AND NOW, this 13th day of May 2013, I, Donald M. Desseyn, Esquire, Attorney for Defendant Mid South Building Supply, Inc., hereby certify that I served a copy of the within Praecipe to Attach on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Antonio D. Michetti,Esquire Law Offices of Dluge &Michetti 921 West Market Street Trevorton, PA 17881 (Attorney for Plaintiffs) RMA Home Services,Inc. 6225 State Road Philadelphia, PA 19135 (Additional Defendant Pro Se) By: Dom. esseyn, quire Attorney for Defendant Mid South Building Supply,Inc. JEFFREY A. LONG, and . IN THE COURT OF COMMON PLEAS RI-FAMARIE LONG, OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA VS. MID SOUTH BUILDING CIVIL ACTION SUPPLY, INC., Defendant. NO. CV - 11 - 7184 RMA HOME SERVICES, INC. Additional Defendant. c ..c- rna7tom, PRAECIPE TO DISCONTINUE i _ hf� ienr" I a r TO THE PROTHONOTARY:._, Kindly mark and discontinue the above captioned civil matter„ .44 Date: 10.08.14 Respectfully requested, Antonio D. Michetti, Esquire DIEHL, DLUGE, JONES & MICHETTI 921 West Market Street Trevorton, PA 17881 (570) 797-8651