HomeMy WebLinkAbout05-4193SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CHARLES JONES and JOANE JONES,
Plaintiffs,
-against-
LESCO, INC., CHRISTOPHER EUGENE WORLEY
and NATIONAL BOILER SERVICE, INC.
Defendants.
?I
i
Index No.: 117725/03
NOTICE OF
MOTION
PLEASE TAKE NOTICE, that upon the annexed affirmation of Tamika N.
Sanders, dated the 1st day of June, 2005, the exhibits attached thereto, and upon all
the pleadings and proceedings heretofore had herein, defendants CHRISTOPHER
EUGENE WORLEY and NATIONAL BOILER SERVICE, INC will move this Court at
the courthouse located at 60 Centre Street, New York County, Room 130 on the 22nd
day of June, 2005 at 9:30 o'clock in the forenoon or as soon thereafter as counsel can
be heard, for an Order pursuant to CPLR 3108:
1) Directing the issuance of an open commission to enable defendants
CHRISTOPHER EUGENE WORLEY and NATIONAL BOILER
SERVICE, INC to take the deposition of non-party witness Donald
Starr regarding any knowledge he may have of the alleged accident
that is the subject of plaintiff's complaint as well as to obtain
photographs taken by Donald Starr of the scene at plaintiff's
accident and
2) Requesting the Court of Common Pleas of the Commonwealth of
Pennsylvania to issue a subpoena to Donald Starr, a resident of the
Commonwealth of Pennsylvania, to appear for and submit to a
deposition at a time, date and place to be set by the Court of
Common Pleas of the Commonwealth of Pennsylvania and a
subpoena duces tecum to have Mr. Starr produce all photographs of
the scene of plaintiff's accident taken by Mr. Starr, together with
such other and further relief as this Court may deem just and
proper.
The above-entitled action is for personal injuries.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b),
answering affidavits, if any, are to be served upon the undersigned at least (7) days
prior to the return date of this motion.
Dated: New York, New York
June 1, 2005
Yours etc.,
QUIRK AND BAKALOR, P.C.
By 7a-4 Y
Tamika Sa ders
Attorneys for Defendants
CHRISTOPHER EUGENE WORLEY
and NATIONAL BOILER SERVICE, IN(
845 Third Avenue, 15th Floor
New York, New York 10022
(212) 319-1000
Q&B File No.: 14554-C
To: PRONER & PRONER
Attorneys, for Plaintiff
60 East 42nd Street, Suite 1448
New York, New York 10165
(212) 986-3030
Your File No. 7261
White Quinlan, Staley, LLP
Attorneys for Defendant
LESCO, INC.
377 Oak Street
P.O. Box 9304
Garden City, New York 11530
516 222-2434
cc: Donald Starr
20 John Mar Court
Mechanicsburg, PA 17055
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CHARLES JONES and JOANE JONES,
Plaintiffs,
-against-
LESCO, INC., CHRISTOPHER EUGENE WORLEY
and NATIONAL BOILER SERVICE„ INC.
Defendants.
Index No.: 117725/03
AFFIRMATION
IN SUPPORT
TAMIKA N. SANDERS, an attorney duly admitted to practice law in the
courts of the State of New York, makes the following statements under the penalty of
perjury:
1. I am associated with the law firm of QUIRK and BAKALOR, P.C.,
attorneys for defendants CHRISTOPHER EUGENE WORLEY and
NATIONAL BOILER SERVICE, INC. and, as such, I am thoroughly
familiar with the facts and circumstances surrounding this matter.
2. This affirmation is submitted in support of defendants' motion for an
Order pursuant to CPLR 3108
1) Directing the issuance of an open commission to enable
defendants CHRISTOPHER EUGENE WORLEY and
NATIONAL BOILER SERVICE, INC to take the deposition of
non-party witness Donald Starr regarding any knowledge he
may have of the alleged accident that is the subject of plaintiff's
complaint as well as to obtain photographs taken by Donald
Starr at the scene of plaintiff's accident and
2) Requesting the Court of Common Pleas of the Commonwealth of
Pennsylvania to issue a subpoena to Donald Starr, a resident of
the Commonwealth of Pennsylvania, to appear for and submit to
a deposition at a time, date and place to be set by the Court of
Common Pleas of the Commonwealth of Pennsylvania and a
subpoena dur_es tecum to have Mr. Starr produce all
photographs of the scene of plaintiff's accident taken by Mr.
Starr, together with such other and further relief as this Court
may deem just and proper.
3. On or about February 10, 2005, plaintiffs filed a supplemental summons
and a second amended complaint against defendants LESCO, INC.,
CHRISTOPHER EUGENE WORLEY and NATIONAL BOILER SERVICE,
INC. for personal injuries allegedly sustained on Interstate 90 at or around
Exit 24 Toll Plaza, County of Albany, State of New York on June 2, 2003
when plaintiff Charles Jones' motorcycle came into contact with a truck
driven by Christopher Worley. A copy of plaintiffs' complaint is attached
hereto as Exhibit "A".
4. On or about March 14, 2005, defendants served an answer to plaintiffs'
second amended complaint. Said answer denies all wrongdoing and
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asserts various affirmative defenses. A copy of defendant's amended j
answer is attached hereto as Exhibit "B".
5. On January 17, 2005, plaintiff appeared for examination before trial.
6. At his deposition, plaintiff Charles Jones testified that his friend Donald
Starr, a resident of Pennsylvania, was traveling with him on Interstate 90 at
the time of his accident. A copy of the relevant pages of plaintiff's
transcript is attached hereto as Exhibit "C".
7. Upon information and belief, Donald Starr is a witness to plaintiff Charles
Jones' accident.
8. Upon information and belief, Donald Starr has material and necessary
information about, inter alia, the circumstances surround plaintiff's
accident, the circumstances leading up to plaintiff's accident, the alleged
injuries sustained by plaintiff immediate following the accident and the
condition of plaintiff's motorcycle following the accident.
9. Additionally, Mr. Starr also has photographs of the scene of the accident
that he took immediately following the accident, which are material and
necessary to this case. See Plaintiff's deposition at Exhibit C, pages 36-37
and 45.
10. Efforts to take Mr. Starr's deposition without court intervention have been
unsuccessful.
? ?I I
11. CPLR Rule 3108 provides that an open commission may be issued where
I
necessary and convenient for the taking of an oral deposition outside the
State of New York. See Attached Memorandum of Law.
12. In order to properly prepare for trial, defendants CHRISTOPHER
EUGENE WORLEY and NATIONAL BOILER SERVICE, INC. must have
an opportunity to depose Mr. Starr regarding any knowledge he may have
of the alleged accident that is the subject of plaintiff's complaint as well as
obtain any photographs Mr. Starr took of the scene of plaintiff's accident.
13. Accordingly, it is respectfully requested that this Court issue an Order:
1) Directing the issuance of an open commission to enable
defendants CHRISTOPHER EUGENE WORLEY and
NATIONAL BOILER SERVICE, INC to take the deposition of
non-party witness Donald Starr regarding any knowledge he
may have of the alleged accident that is the subject of plaintiff's
complaint as well as to obtain photographs taken by Donald
Starr at the scene of plaintiff's accident and
2) Requesting the Court of Common Pleas of the Commonwealth of
III
'I
Pennsylvania to issue a subpoena to Donald Starr, a resident of
the Commonwealth of Pennsylvania, to appear for and submit to
a deposition at a time, date and place to be set by the Court of
Common Pleas of the Commonwealth of Pennsylvania and a
subpoena duces tecum to have Mr. Starr produce all
photographs of the scene of plaintiff's accident taken by Mr.
Starr, together with such other and further relief as this Court
may deem just and proper.
A copy of the proposed order for the open commission pursuant to
CLPR 3108 is attached hereto as Exhibit "D".
14. No prior application for the relief request herein has been made to this
Court.
WHEREFORE, defendants CHRISTOPHER EUGENE WORLEY and
NATIONAL BOILER SERVICE, INC respectfully request that the Court issue an
Order granting the instant motion for an open commission to take the deposition of
Donald Starr and requesting the Court of Common Pleas of the Commonwealth of
Pennsylvania to issue the necessary subpoena and subpoena duces tecum to
effectuate the order for the open commission.
Dated: New York, New York
June 1, 2005
Yours etc.,
QUIRK AND BAKALOR, P.C.
By:,
Tamika Sanders
Attorneys for Defendants
CHRISTOPHER EUGENE WORLEY
and NATIONAL BOILER SERVICE,
845 Third Avenue, 15th Floor
New York, New York 10022
(212) 319-1000
Q&B File No.: 14554-C
I
I
l
To: PRONER & PRONER
Attorneys for Plaintiff
60 East 42nd Street, Suite 1448
New York, New York 10165
(212) 986-3030
Your File No. 7261
White Quinlan, Staley, LLP
Attorneys for Defendant
LESCO, INC.
377 Oak Street
P.O, Box 9304
Garden City, New York 11530
516 222-2434
cc: Donald Starr
20 John Mar Court
Mechanicsburg, PA 17055
ED IAdlfiausa certify that the within
By Malay _
has bee,Rcompared by me with the original and found to be a-uuc and rnngdctc arpy.
? aaasr state that I am
?mnammn in the within
the attori(ey(s) of record for
action; I have read the foregoing and know the contents thereof;
the same is true to my own knowledge, except as to the matters therein alleged to be on information'and belief, and as to [hose matters
I believe it to be true. The reason this verification is made by me and not by
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
I affirm that the foregoing statements are true, under the penalties of perjury. ......
.
..............
Dated: Tne aar asaN ma(a aaaaheam.
STATE OF NEW YORK, COUNTY OF ss.:
1, the undersigned, being duly sworn, depose and say: I am
? t"t^u °t in the action; l have read the foregoing
verucnla
and know the contents thereof; the same is we to my own knowledge, except
$ as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true.
Y ? :m°xo. the of
€ a corporation and a party in the within action; I have read the foregoing
a and know the contents thereof; ano thel same is true to my own knowledge,
except as to the matters therein stated to be alleged upon information and belief, and.as to those matters I believe it to be true; This
verification is made by me because the above party is a corporation and I am an officer thereof.
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
Sworn to before me on raMmeq emita1;;zaesamh
STATE OF NEW YORK,. COUNTY OF . New York' ss.: (it mom 1ha sae box is eheckad-h (fiCIW sitar ames,yK of wrvum used.)
I, the undersigned, being sworn, say: I am not a party to the action, am over 18 years of age and reside at New York, N.Y.
June, 2005 Notice of Motion, Affirmation in Support & Memorandum of Law
O? I served the within
e v:n by mailing a copy to each of the following persons at the last known address set forth after each name below.
remai by delivering a true copy of each personally to each person named below at the address indicated. I knew each person served
? samin so to be the person. mentioned and described in said papers as a tarry therein:
r by transmitting a copy to the following persons by ? FAX at the telephone number set forth after each name below O E-MAIL
? same by
net rash at the E-Mail address set forth after each name below, which was designated by the anomey for such purpose, and by mailing a
s "a0e copy to the address set forth after each name.
arnsitbl
? o.haan by dispatching a copy by overnight delivery to each of the following persons at the test known address set fonh after each name
PRONER & IkMER White Quinlan, Staley, LLP
Attorneys for Plaintiff Attorneys for Defendant,
60 East 42nd Street LESCO, INC.
Suite 1448 377 Oak Street
New York, New York 10165 P.O. Box 9304
(212) 986-3030 Garden City, New York 11530
Your File No. 7261 516 222-2434
Donald Starr
20 John Mar Court
Mechanicsburg, PA 17055
e? No. 01,c
OUWM*d in
Sworn w before me on June, 2005
Ariadne C. Bonano
w u x l New York 772` - 2003
STATE CiF 'NEW YORK, COUNTY OF Index N1o. Year
CHARLES E. JONES and H. JOANE JONES,
Plaintiffs,
-against-
LESCO, INC., CHRISTOPHER EUGENE WORLEY and NATIONAL BOILER SERVIQE INC.,
Defendants.
NOTICE OF MOTION, AFFIRMATION IN SUPPORT and MEMORANDUM OF LAW
QUIRK AND BAKALOR, P.C.
Attorney(s)for CHRISTOPHER EUGENE WORLEY and NATIONAL BOn FR SERVER INC.
Office and Post Ofce Address, Telephone ,
845 Third Avenue
NEW YORK; NEW YORK 10022
(212) 319-1000
Signature (Rule 130-1.1-a)
To
fiitnemeCeatn
Service of a copy of the within is hereby admitted
Dated:
f
Attorney(s)
or
PLEASE TAKE NOTICE:
0 NOTICE OF ENTRY
that the within is a (certified) rrue'copy of a
duly entered in the office of the clerk of the within named court on
O NOTICE OF SETTLEMENT
what a. order of which the within is a true copy
will be presented for settlement to the HON, one of the judges of the
within named Court, at
on at M.
Dated,
Yours, etc.
QUIRK AND BAKALOR, P.C.
02/10/2005 01:42 2129532
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 117 725/03
COUNTY OF SUFFOLK Filed: l0/10/03
----------------------------------------- -----X SUPPLEMENTAL
CHARLES E. JONES & H.JOANE JONES, SUMMONS
Plaintiffs, Plaintiffs designate NEW
YORK County as the place
-against- of trial.
LESCO INC., CHRISTOPHER EUGENE
WORLEY and NATIONAL BOILER SERVICE,
INC.,
Defendants,
To the above named Defendant(s)
None of the parties reside
in New York State
Plaintiffs have chosen New
York County as the
place of trial
Plaintiffs reside at:
5528 Glen Meadow Road
Centreville, VA 20120
04/12
You are hereby summoned to answer the second amended complaint in this
action, and to serve a copy of your answer, of if the complaint is not served with this summons,
to serve a notice of appearance on the plaintiff s attorney(s) within twenty days after the services
of this summons exclusive of the day of service, where service is made by delivery upon you
personally within the state, or within 30 days after completion of service where service is made
in any other manner. In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint.
Dated: New York, New York
February 10, 2005
TO: LESCO, INC
do CAULFIELD LAW OFFICES
I Whitehall Street
New York, New York 10004
PRONER &
Attorneys foi
60 East 42nd Street, Suite 1448
New York NY 10165
(212 966-3030
Our Pile # 7261
NATIONAL BOILER SERVICE, INC.
c% CAULFIELD LAW OFFICES
I Whitehall Street
New York, New York 1004
CHRISTOPHER EURENE WORLEY
do CAULFIELD LAW OFFICES
1 Whitehall Street
New York, New York 1004
02/10/2005 01:42 2129532 •
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------X
CHARLES E. JONES 6 H. JOANE JONES Index #: 117725/03
PAGE,. 05/ 12
Plaintiff sECOND'AMENDSD
VERIFIED CCHPLAINT
-against-
LESCO INC., CHRISTOPHER EUGENE
WORLEY and NATIONAL BOILER SERVICE,
INC.,
Defendants
---------------------------------------X
Plaintiffs, by their attorneys, PROVER 6 PRON£R,
complaining of the defendants herein, respectfully' set forth and
allege, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF CHARLES E. JONES:
1. That at all times hereinafter mentioned, the
plaintiff CHARLES E. JONES was the owner and operator of a 1998
Pn-la motorcycle bearing Virginia State Registration #: 207914.
2. That at all times hereinafter mentioned,
the defendant LESCO INC., was and still is a foreign corporation
authorized to do business in the State of New York.
3. That at all times hereinafter mentioned, the
defendant LESCO INC., was and still is a foreign corporation duly
organized and existing under and by virtue of the laws of the State
of Tennessee.
02/10/2005 01:42 21295320
4. That at all times hereinafter mentioned, the
PAGE,. 06/12
defendant LESCO INC., was and still isna Tennessee company doing
business in the State of New York.
5. That at all times hereinafter mentioned, the
defendant NATIONAL BOILER SERVICE, INC. was and still is a foreign
corporation authorized to do business in the State of New York.
6. That at all times hereinafter mentioned, the
defendant NATIONAL BOILER SERVICE, INC. was and still is a foreign
corporation duly organized and existing under and by virtue of the
laws of the State of Alabama.
7. That at all times hereinafter mentioned, the
defendant NATIONAL BOILER SERVICE, INC. was and still is an Alabama
company doing business in the State of New York.
8. That at all times hereinafter mentioned, the
defendant LESCO INC., was the owner of a 2002 International Tractor
bearing Tennessee Registration #: 05693-P4.
9. That at all times hereinafter mentioned, the
defendant, LESCO INC., had rented the 2002 International Tractor
bearing Tennessee Registration #: 05693-P4 to the defendant
NATIONAL BOILER SERVICE, INC.
02/10(2005 01:42 '21129532079 PAGE, 07/12
0. That at all times hereinafter mentioned the
defendant, CHRISTOPHER 'EUGENE WORLEY, was an agent, servant and/or
employee of the defendant NATIONAL BOILER SERVICE, INC..
11. That at all times hereinafter mentioned, the
defendant CHRISTOPHER EUGENE WORLEY was operating the aforesaid
motor vehicle while in the course of his employment by the
defendant, NATIONAL BOILER SERVICE, INC..
12. That at all times hereinafter mentioned, the defendant,
CHRISTOPHER EUGENE WORLEY was operating the aforesaid motor vehicle
with the knowledge, permission and consent, actual and/or implied,
of the defendant NATIONAL BOILER SERVICE, INC..
13. That at all times herein mentioned the defendant,
CHRISTOPHER EUGENE WORLEY, was operating the aforesaid motor
vehicle with the knowledge, permission and consent, express, and/or
implied of the defendant, LESCO, INC.
14. That at all times hereinafter mentioned, Interstate
90 at or about the Exit 24 toll plaza, was and still is a public
thoroughfare and highway located in the County of Albany, State of
New York.
15. That on June 2, 2003, or, Interstate 90 at or about
the Exit 24 toll plaza, County of Albany, State of New York, the
1998 Honda motorcycle owned and operated by the plaintiff CHARLES
02/10/2005 01:42 27,2953207.9 ,PAGE ;08/12
i
E. JONES bearing Virginia State Registration #: 207914 and the 2002
International Tractor bearing Tennessee".)Registration #: 05693-P9
owned by LESCO INC. and operated by the defendant CHRISTOPHER
EUGENE WORLEY were in contact with one another.
16. That the defendants were negligent in the ownership,
operation, control, management, inspection, supervision and
maintenance of their aforesaid motor vehicle in that they failed to
exercise due care and caution; in that their aforesaid motor
vehicle was not kept under proper and safe control; was recklessly,
dangerously and negligently operated, maintained and controlled;
was operated, maintained and controlled without the proper and
necessary precautions to prevent the occurrence; and the defendants
were otherwise reckless, careless and negligent.
11. That by reason of the foregoing, the plaintiff
CHILES E. JONES sustained grievous personal injuries in and to
various parts of his body and limbs: suffered shock to his nerves
and nervous system; suffered and will continue to suffer great pain
and anguish in body and mind; that he is receiving and has received
necessary hospital care by reason of the injuries sustained; that
he has necessarily received, is receiving and will continue to
receive medical care and treatment in connection with the injuries
suffered by him; that he has been greatly incapacitated and has
been unable to attend to his usual duties as he had theretofore
done, and his injuries are permanent, protracted and disabling in
nature.
02/10/2005 01:42
2}29532079
•
•
PAGE ,•09/12
18. That the plaintiff is not a "covered person"'as
defined in §5102 (j) of the Insurance Law of the State of New York.
_19. Any joint and several liability of the defendants
is not limited by CPLR 16011, by reason of the exemptions set forth
in Article 16 of the CPLR.
20. That by reason of the foregoing, plaintiff CHARLES
E. JONES, has been damaged in a sum that exceeds the jurisdictional
limits of all lower courts.
AS AND FOR A SECOND dAUSE OF ACTION
ON BEHALF OF PLAINTIFF CHARLES L". JONES:
21. Plaintiff repeats and reiterates each and every
allegation of the paragraphs of this complaint numbered "1" through
"19" all inclusive as though fully set forth at length herein.
22. That at all times herein mentioned, the plaintiff
CHARLES E. JONES was,th,e owner of a 1998 Honda motorcycle bearing
Virginia Registration #: 207914.
23. That as the result of the aforesaid accident, this
plaintiff has sustained property damage to his vehicle and has been
and continues to be deprived of the use of said vehicle
29. That as the result of the foregoing, and the continued
loss of use of said vehicle plaintiff has been damaged in the sum
02/10/2005 01:42
2295320 2953211
of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS.
n
PAGE•'10/12
AS AND FOR A THIRD CAUSE OF ACTION ON
BEHALF OF PLAINTIFF'S SPOUSE H, JOANE JONES:
15. Plaintiff repeats and reiterates each and every
allegation of the paragraphs of this complaint numbered "1" through
"19", with the same force and effect as though fully set forth at
length herein.
26. That at all times herein mentioned, plaintiff's
spouse, H. JONEE JONES, was and continues to be the wife of the
plaintiff CHARLES E. JONES, and as such is entitled to the
services, society, companionship, consortium and support of her
husband, the plaintiff, CHARLES E. JONES.
27. That by reason of the foregoing injury to the
plaintiff, H. MAKE JONES was deprived of the services, society,
companionship, consortium and support of plaintiff, CHARLES E.
JONES, and her said right to consortium has been permanently
impaired.
28. That by reason of the foregoing, plaintiff H. JOAEE
JONES has been damaged in an amount which exceeds the
jurisdictional limits of all lower courts.
WHEREFORE, plaintiff, CHARLES E. JONES demands judgment
against the defendant on the first cause of action in an amount
62/10/2005 01:42
2129532 • PAGE. 11/12
which exceeds the jurisdictional limits of all lower courts; on 'the
second cause of action in the sum of TMENTY-FIVE THOUSAND
($25,000.00) DOLLARS;, and plaintiff's spouse H. JOANE JONES demands
judgment against the defendant on the third cause,of action in an
amount which exceeds the jurisdictional limits of, all lower courts.
Yours, etC.
PRONER & PRONER,
Attorneys for Plaintiff(s)
BY , ' '
Tobi . Salottolo
60 fast 42nd Street - Suite 1998
New York NY 10165
Tel:(212) 986-3030
File #:,7029
TO: CAULFIELD LAW OFFICE
1 Whitehall Street
12°" Floor
New York, New York 10004
02/10/2005 01:42 21 29532 0 ; PAGE.-12/12
VERIFICATION
TOBI R. SALOTTOLO, an attorney duly admitted to practice in
the courts of the State of New York, affirms the following under
penalty of perjury:
That she is the attorney for the plaintiff herein; that your
affirmant has read the foregoing Second Amended Complaint and knows
the contents thereof; that the same is true to her own knowledge,
except as to those matters stated to be alleged on information and
belief, and as those matters she believes them to be true.
The information contained in this Complaint was derived from
conversations and communications had with the plaintiff, and
documents and information contained in affirmant's file.
The reason this affirmation is made by your affirmant and not
by the plaintiff personally is that the plaintiff does not reside
in the county where affirmant maintains h,is offices.
Dated: New York, NY
February 10, 2004
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CHARLES E. JONES and H. JOANE JONES,
Plaintiffs, VERIFIED ANSWER TO
SECOND AMENDED
-against- COMPLAINT
LESCO INC., CHRISTOPHER EUGENE WORLEY Index No. 117725-2003
and NATIONAL BOILER SERVICE, INC.,
Defendants.
Defendants, LESCO INC., CHRISTOPHER EUGENE WORLEY and NATIONAL
BOILER SERVICE, INC., by their attorneys, CAULFIELD LAW OFFFICE, upon information
and belief, answer the plaintiffs Second Amended Verified Complaint as follows:
ANSWER TO FIRST CAUSE OF ACTION
FIRST: Deny each and every allegation contained in paragraphs "2", "4" and "16" of the
Second Amended Verified Complaint.
SECOND: Deny having knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraphs"]", "14", "17" and "20" of the Second Amended
Verified Complaint.
THIRD: Deny each and every allegation contained in paragraphs "18" and "19" of the
Second Amended Verified Complaint and respectfully refer all questions of law therein to the
Court for determination.
ANSWER TO SECOND CAUSE OF ACTION
FOURTH: Defendants repeat, reiterate and reallege each and every answer to paragraphs
"1" through "19", inclusive, with the same force and effect as if set forth fully at length herein.
FIFTH: Deny each and every allegation contained in paragraph "24" of the Second
Amended Verified Complaint.
SIXTH: Deny having knowledge or information sufficient to form a belief as to the truth
of the allegations set forth in paragraphs "22'.' and "23" of the Second Amended Verified
Complaint.
ANSWER TO THIRD CAUSE OF ACTION
SEVENTH: Defendants repeat, reiterate and reallege each and every answer to
paragraphs "1" through "19, inclusive, with the same force and effect as if set forth fully at
1 ,
length herein.
EIGHTH: Deny each and every allegation contained in paragraphs "28" of the Second
Amended Verified Complaint.
NINTH: Deny having knowledge or information sufficient to form a belief as to the truth
of the allegations set forth in paragraphs "26" and "27" of the Second Amended Verified
Complaint.
FIRST AFFIRMATIVE DEFENSE
TENTH: The plaintiff was guilty of culpable conduct and/or negligence. Therefore, if the
plaintiff obtains any recovery, that recovery must be diminished in the proportion to which
plaintiff's culpable conduct and/or negligence bears to the culpable conduct and/or negligence
that caused the alleged occurrence.
SECOND AFFIRMATIVE DEFENSE
ELEVENTH: The plaintiff assumed all risks associated with plaintiff's culpable conduct
and/or negligence.
2
THIRD AFFIRMATIVE DEFENSE
TWELFTH: The within action is subject to Article 16 of the CPLR.
FOURTH AFFIRMATIVE DEFENSE
THIRTEENTH: The within action is subject to CPLR §4545(c).
WHEREFORE, defendants, LESCO INC., CHRISTOPHER EUGENE WORLEY and
NATIONAL BOILER SERVICE, INC., demand judgment dismissing the Second Amended
Verified Complaint. Alternatively, defendants, LESCO INC., CHRISTOPHER EUGENE
WORLEY and NATIONAL BOILER SERVICE, INC., demand judgment over and against the
plaintiffs in proportion to the liability of the parties as found by the trier of the facts.
Additionally, defendants, LESCO INC., CHRISTOPHER EUGENE WORLEY and NATIONAL
BOILER SERVICE, INC., request the costs and disbursements of this action, including
attorney's fees, and such other and further relief as this Court may deem just and proper.
Dated: New York, NY
March 14, 2005
CAULFIELD LAW OFFICE
Attorneys for Defendants
LESCO INC., CHRISTOPHER EUGENE WORLEY
and NATIOAL BOILER SERVICE, INC.
BY:
David L. Wong
One Whitehall Street, 12')'
New York, NY 10004
(212) 530-7700
TO:.
PRONER & PRONER
Attorneys for Plaintiffs
60 East 42nd Street
New York, NY 10165
(212) 986-3030
3
SUPREME CGURT OF THE A, TE OF NEW YORK '-
COUNTY Or NEW YORK
117725/03
CHARLES E. JONES AND H. JONNE JONES Index No. '
Plaintiff
-against-
LESCO INC. LESCO LOGISTICS LLC AND
CHRISTOPHER EUGENE WORLEY
Defendants
VERIFIED ANSWER TO SECOND AMENDED COMPLAINT
CHRISTOPHER EUGEJ"?FW OFF1cE
t orneys or efend8nt(s) 030311/167
I Whitehall Street, 12" Floor
New York, New York 10004 Dockc
(212) 530-7700. File #
#
TO:
Service of a copy of the within
Dated:
Attorney(s) for
is hereby admitted.
NOTICE OF ENTRY.
PLEASE TAKE NOTICE that the within is a true copy of an order entered in the office of the Clerk of the above Court
on
NOTICE OF SETTLEMENT:
PLEASE TAKE NOTICE that the within proposed order will be presented for settlement and entry at the Courthouse on
at 10:00 a.m. at the office of the Clerk of the Part of this Court where the within described motion was heard.
Dated: New York, New York
CAULFIELD LAW OFFICE
Attorneys for Defendant(s)
As Designated Above
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2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 ----------------------------------------------Y:
CHARLES E. JONES and H. JOAN,E JONES,
4
PLAINTIFFS,
5
-against-
6
LESCO INC., LESCO LOGISTICS LLC and
7 CHRISTOPHER EUGENE WORLEY,
8 DEFENDANTS.
----------------------------------------------X
9
10 DATE: January 17, 2005
11 TIME: 10:15 a.m.
12
13 EXAMINATION BEFORE TRIAL of the
14 Plaintiff, CHARLES E. JONES, taken by the
15 Defendants, pursuant to a Court Order, held at th e
16 offices of Proner & Proner, Esgs., 60 East 42nd
17 Street, New York, New York 10165, before a Notary
18 Public of the State of New York.
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A P P E A R A N C E S:
PRONER & PRONER, ESQS.
Attorneys for the P}aintiffs
60 East 42nd Street
New York, New York 10165
BY: MITCHELL PRONER, ES4.
CAULFIELD LAW OFFICE
Attorneys for the Defe;laants
LESCO INC. and
CHRISTOPHER EUGENE WORLEY
One Whitehall Street
New York, New York 10004
BY: DAVID L. WONG, ESQ.
File #:. 030311
SAVONA & SCULLY, ESQS.
Attorneys for the Defendant
LESCO LOGISTICS LLC
111 Broadway
New York, New York 10006
BY: RAYMOND M. D'ERASMO, ESQ.
ALSO PRESENT:
JOANNE JONES
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2 S T I P U L A''T I O N S
3
4 IT IS HEREBY STIPULATED AND AGREED by and
5 between the attorneys for the respective parties
6 herein that the sealing, filing and certification
7 of the within examination before trial be waived;
8 that all objections except as to form are reserved
9 to the time of trial.
10 IT IS FURTHER STIPULATED AND AGREED that the
11 transcript may be signed before any Notary Public
12 with the same force and effect as if signed before.
13 a clerk or a Judge of the court.
14 IT IS FURTHER STIPULATED AND AGREED that the
15 examination before trial may be utilized for all
16 purposes as provided by the CPLR.
17 IT IS FURTHER STIPULATED AND AGREED that all
1s rights provided to all parties by the CPLR cannot
19 be deemed waived and the appropriate sections of
20 the CPLR shall be controlling with respect hereto.
21 IT IS FURTHER STIPULATED AND AGREED by and
22 between the attorneys for the respective parties
23 hereto that a copy of this examination shall be
24 furnished, without charge, to the attorneys
' 25 representing the witness testifying herein.
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2 ERASMO: I want to pu
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MR. D
3 statement on the record.
4 Good morning, my name is
5 Raymond D'Erasmo. Apparently in this case,
6 the law offices of Caulfield Law Office
,
7 appeared in this case, I believe, on behalf of
8 Lesco, Inc_, and'Christopher.Eugene Worley and
9 then shortly thereafter, my office, Savona &1
10 Scully, appeared on behalf of also Lesco Inc.
11 and Lesco Logistics LLC. Since this time, it
12 has been determined that my firm did not have
13 to appear for Lesco Inc. and that Travelers
14 Insurance Company through the Caulfield Law
15 Offices is taking over the defense and
16 indemnification of Lesco, Inc. and of course
17 Christopher Eugene Worley who they already
18 appeared for. Therefore, we are withdrawing
19 our appearance at this time on behalf of
20 Lesco, Inc. and we will continue in this case
21 only on behalf of defendant Lesco Logistics
22 LLC.
23 it is our position that Lesco Logistics
24 LLC does not belong in this lawsuit and there
25 has been some discussion with plaintiff's
'
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2 counsel about possibly to discontinue against
3 them, but we are going to work on that in the
4 coming weeks or so.
5 Counsel, do you want to add to that?
6 MR. PRONER: That's correct.
7 And also, it has been indicated that
8 National Boiler, that the Caulfield Law Office
9 is going to appear for them as well who is the
10 employer of Mr. Worley and that Mr. Worley was
11 operating the motor vehicle with their consent
12 in the course of the employment for National
13 Boiler and that they,had a valid lease
14 agreement with Lesco Inc., and that there is
15 not going to be any outstanding issues of
16 denied permissive use.
17 MR. WONG: Except for the fact that it
18 is a rental agreement, you are correct.
19 MR. PRONER: Thank you.
20 MR. D'ERASMO: So at the time that we
21 agree to a stipulation bringing National
22 Boiler into the case, at that time, counsel,
23 you will discontinue against Lesco Logistics
24 LLC, is that your understanding?
25 MR. PRONER: Based on the
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2 representations, that's correct.
3 MR. D'ERASMO: Thank you.
4 C H A R L E S E. J O N E S-, called as a
5 witness, having been first duly'sworn by a Notary
6 Public of the State of New,York, waslexamined and
7 testified as follows:
8 EXAMINATION BY
9 MR. WONG:
10 Q. Please state your full name for the
11 record.
12 A. Charles E. Jones.
13 Q. where do you presently reside?
14 A. 232 Second Avenue, Indialantic, Florida
15 32903.
16 Q. Good morning, Mr. Jones. My'name is
17 David Wong and I represent, for the moment, Lesco,
18 Inc. and Christopher Eugene Worley in a lawsuit
19 that you have brought relating to an accident that
20 occurred on June 2, 2003.
21 If for any reason you do not understand
22 any of my questions, let me know; I will be glad to
23 reask the question so that we do have a mutual
24 understanding and that we get an answer to the
25 question, okay?
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2 A. okay. 11,'
3 Q. Also, I ask you to give me a verbal
4 answer to any of the questions as Ms. Lirtsman, the
5 court reporter, cannot take down gestures like
6 shrugs of the shoulder, nods of the head, or other
7 gestures of that type, okay?
8 A. All right.
9 Q. And at any time during these
10 proceedings, if you need a break or while there is
it no question pending, if you wish to confer with
12 your attorney, please let me know, I will be glad .
13 to accommodate you; okay? ,
14 A. Good.
15 Q. Your date of birth, sir?
16 A. May 23, 1942.
17 Q. Your height?
18 A. Six feet, four inches.
19 Q. And your current weight?
20 A. Two hundred twenty-four.
21 MR. PRONER: Off the record.
22 (Whereupon, a discussion was held off
23 the record.)
24 Q. Sir, how much did you weigh in June of
25 2003? About the same, less, more?
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
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2 A. In the morning, I left my home in
3 Centerville, Virginia, and drove up to thy, a
4 friend's house who was going to the convention with
5 me and his house is in around Mechanicsville,
6 Pennsylvania. So, we met there, had,a cup of
7 coffee and proceeded up the Interstate system.--
8 MR. DRONER: Off the,record.
9 (Whereupon, a discussion was held off,
10 the record.) .
11 Q. Mr. Jones, I take it you were riding a
12 motorcycle to this,event?
13 A. Yes, I.was.
14 Q. And was your friend also riding a
is motorcycle?
16 A. Yes, he was.
17 Q. What is your friend's name?
18 A. Donald Starr. S-T-A-R-R.
19 Q. Does he still live in Mechanicsville,
20 Pennsylvania or near Mechanicsville, Pennsylvania?
21 A. Yes, he hasn't moved.
22 Q. Do you have his address?
23 A. No.
24 Q. Do you have it at home?
25 A. Yes.
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1 C. JONES
2 MR. WONG: 111dave a space in the
3 record, and provide the address for Mr. Donald
4 Starr.
5
6 Q. Were you traveling with anyone else
7 besides Mr. Starr to this event?
8 A. No.
9 Q. Was he going to ride with you or he was
10 riding hi s own motorcycle to the event?
11 A. We each had our own motorcycle.
12 Q. Was anyone riding with you to the
' 13 event?
14 A. No.
15 Q. On your motorcycle with you to the
16 event?
17 A. Just me.
18 Q. Do you remember the route that you took
19 to get to the point of the accident?
20 A. Yes.
21 Q. Can you tell me what route that was?
22 A. Where do you want to start? My home?
23 Q. Yes.
24 Well, not the twists and turns, but
25 what's the first major highway you started your
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2 trip on?
3 A. I am so familiar with it, I.can't
4 remember the numbers, let's see.,
5 MR. PRONER: You don't need to see
6 from his house to ''Mechanicsvilloe.
7 Q. How about starting from Mechanicsville?
8 A. From my friend's house, near
9 Mechanicsburg, Pennsylvania, we went north through
10 the little town, I think of Harrisburg and picked
11 up Interstate 78 that heads to the east.
12 We took that Interstate until we got to
13 the Interstate 87 north. We took 87 north, our
14 intention was to take R7 north to Lake George. You
15 get off somewhere up.at Lake George, but it is
16 right near Lake George.
17 Q. Did you have to come through New York
18 City?
19 A. Negative. We stayed -- we stayed west
20 of New York city.
21 Q. 78 and 87. They don't intersect.
22 MR. WONG: Off the record.
23 (Whereupon, a discussion was held off
24 the record.)
' 25 Q. At some point in time, Mr. Jones, you
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2 got on the New York Stat4".'Thruway, Interstate 87?
3 A. Yes.
4 Q. Do you remember which direction you
5 traveled?
6 A. North toward Lake George.
7 Q. Were you on the section that was south
8 of Albany of the New York State Thruway, that is
9 south of Albany, New York?
10 A. Yes.
11 Q. So, you rode up through Newburgh,
12 Kingston; do you remember those towns along the
13 way?
14 A. No, I don't, but we were coming up --
15 Q. The number exits were counting up, as
16 you were riding north on the thruway; do you
17 remember that?
18 A. No.
19 Q. Do you remember where you got on the
20 New York State Thruway?
21 A. No. It was -- we were staying on
22 major routes, taking the most direct way up to Lake
23 George from Harrisburg, Pennsylvania.
24 Q. The accident, did it occur before or
25 after you paid the toll?
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2 A. Before.
3 Q. So, what was still in front-of you was
4 the toll ba rrier where the toll would-be collected?
5 A. That's correct.
6 Q. Do you remember how wide,that barrier
7 was of this exit?
8 A. There were' several booths, it seems
9 like there was an express booth, and -- there must
10 be at least four booths.
11 Q. About how far in terms of distance, car
12 length, motorcycle,'lengths or any other way you can
13 estimate it , were you from the booth when your
14 accident occurred?
15 A. We had slowed down, I was in queue, so
16 100, 150 feet.
17 Q. About 150 feet, you think? Between a
18 hundred and 150 feet?
19 A. No, I think it was at least 150 feet.
20 Q. How many speeds or gears does the
21 motorcycle have?
22 A. Five gears.
23 Q. Do you remember which gear you were in
24 just before the accident happened?
25 A. I was in first gear.
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'
2 Q. I am assuming that you had a
helmet on?
3 A. I did.
4 Q. Is your helmet equipped with a radio in
5 it?
6 i
A. Negative.
7 Q. What type of helmet did you have?
8 Full-face or something' else?
9 A. It was three-quarter. '
10 MR. D'ERASMO: Are you asking for the
11 make?
12 MR. WONG: No, just the general type.
' 13 Q. Where was Mr. Starr in relation to you
14 just before the accident occurred?
is A. There was -- he was driving up to the
16 tollbooth. He was like next in queue, he was in
17 queue for the tollbooth, and there was, we had
18 finished merging and I was just in line to go up
19 and moving up to pay the toll, and so, in other
20 words, there was other cars, one or two cars
21 between him and I.
22 Q. was he immediately in front of you or
23 was there a separation, other motorcyclists or
24 other vehicles between you and he?
' 25 A. Other vehicles. We had come off the
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2 Interstate, you know -- f?'
3 MR. PRONER: If he doesn't ask a
4 question, you don't have an answer.
5 THE WITNESS: Okay.
6 Q. Had Mr. Starr come off the Interstate
7 before you?
8 A. Yes.
9 Q. Were you next to him as you came off
10 the Interstate or somewhere else in relation to
11 Mr. Starr as you were coming off the Interstate and
12 approaching the toll barrier?
13 A. I was immediately behind him, SO to a
14 hundred yards, when we departed the interstate.
15 Q. Do you know if Mr. Starr had already
16 paid his toll by the time your accident occurred?
17 A. He had not.
18 (Whereupon, a recess was taken.)
19 Q. Do you know how many vehicles were
20 between you and Mr. Starr?
21 MR. PRONER: Objection; asked and
22 answered. He said previously one or two.
23 MR. WONG: I apologize; I didn't hear
24 that.
t 25 Q. What type of vehicles were they,
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2 between you and Mr. Starr?
3 A. Automobiles.
4 Q. At the moment that the accident
5 occurred, was your motorcycle moving or standing
6 still, or something else?
7 A. It was moving.
8 Q. Do you have an estimate as to the speed
9 you were moving just before the contact or just
10 before the accident occurred?
11 A. I was moving three to five miles an
12 hour -- just enough that the bike was underway.
13 Q. What do you have to do to the bike in
14 order to get it to move,at that speed?.
15 A. Nothing. 'I can just be idling and it
16 would pull along.
17 Q. You just have to let the clutch in?
18 A. Let the clutch out.
19 Q. Do you remember which direction you
20 were looking when your accident occurred?
21 A. I was looking straight ahead just
22 keeping my place in the queue.
23 Q. Within the ten seconds before the
24 accident occurred, were you talking to anyone?
' 25 A. No.
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2 Q. Within the tern seconds just before the
3 accident occurred, were you looking to your left or
4' right?
5 A. I would say I can't recall
6 specifically, but my normal operation is to be
7 watching anytime I'm moving left and right.
8 Q. Besides Mr. Starr, were there other
9 motorcyclists in this toll barrier or in this line
10 before the toll barrier?
11 A. Not that I was aware of.
12 Q. Do you have an estimate as to how many
13 vehicles you were away from having to pay your toll
14 when the accident occurred?
15 A. I would estimate three.
16 Q. At some point, while at that toll
17 barrier, you were involved in an accident with
is another vehicle; is that correct?
19 A. Correct.
20 Q. What kind of other vehicle was involved
21 in your accident?
22 A. A semi-truck tractor, with no trailer.
23 Q. At any time before your accident, while
24 you were in the toll area, did you see this, had
25 you seen this tractor?
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2 MR. PRONER: Talking about prior to
3 the accident.
4 MR. WONG: Yes.
5 A. I.am sure I saw theltruck if it was
6 near enough to me to get and hit me „ but
7 specifically that particular truck, no. I saw all
8 around me, I normally'look all around me and in my
9 rearview mirror, and it wasn't in 'my merge area
10 where I needed to worry about it..
11 Q. On which side was the tractor that was
12 involved in your accident?
13 A. it was on my left side.
14 Q. At the point where your accident
15 occurred, were there any markings of any sort on
16 the pavement?
17 A. Let me clarify the question. I
18 understand you are asking me if there were any
19 highway markers or lane markings and that kind of
20 stuff?
21 Q. Any kind of pavement marker; it could
22 be a line, lane marker, anything?
23 A. I don't recall any. I recall
24 photographs that show where the motorcycle was
25 dragged, it left a mark, that's why I was
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
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2 hesitant. That was aftemtthe event.
3 Q. The tractor that was involved in your
4 accident, was it moving or standing still at the
5 time that the accident occurred?
6 A. The tractor hit my vehicle from on my
7 left side with the front of the tractor.
8 Q. When you say the front of the tractor,
9 you are talking about the very front corner where
10 the headlights would be?
11 A. I would say either the front bumper or
12 the front wheel hit like the, my saddlebags stick
13 out on the back, so it hit the saddlebag, the first
14 impact was against the saddlebag of my motorcycle.
15 Q. It would be the saddlebag that's on the
16 left side?
17 A. That's correct.
18 Q. Do you have a matching one on the right
19 side?
20 A. Yes.
21 Q. This contact with the left-side
22 saddlebag with your motorcycle, how did it cause
23 your motorcycle to act?
24 A. When that happened, things happened
25 very quickly after that, it was like a little bump,
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2 the motorcycle weighed about 800 pounds, 'seven or
3 800 pounds. So, it was just like a hey,. something
4 is not right here, it is ,a bump.
5 Q. Did it cause you to'fall over?
6 A. No.
7 Q. What did you do then?
8 A. I got real'alert and immediately it is
9 almost all one action, I was -- I teas being pushed
10 to the right by the side of the truck, was pushing
11 my motorcycle to the right, and I tried to avoid it
12 and keep it up and,'under control, but it was so
13 quick, I couldn't.
14 Q. You mentioned that the first contact
15 was with the saddlebags on the left side of your
16 motorcycle.
17 Was there a second contact at some
18 point between you and the tractor?
19 A. Yes, a more strong impact where it hit
20 metal on metal.
21 Q. What part of the tractor came into
22 contact with your motorcycle on this second
23 contact?
24 A. I am not sure. I saw the -- as I was
' 25 being pushed over, I saw the step on top of the gas
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2 tank running right alongside my left leg and I
3 don't remember much after that, until I woke up
4 under the truck.
5 MR. WONG: Can you read back the
6 answer.
7 (Whereupon, the referred to answer was
8 read back by the Reporter.)
9 A. If I can clarify, it was going past me,
10 I observed it as it was going past me and pushing
11 me over.
12 Q. And the gas tank you were referring to
' 13 is the gas tank on the tractor?
14 A. Yes, sir.
15 Q. What's the next thing you remember?
16 A. Looking up under the truc k and seeing a
17 drive shaft turning and the rear whee ls to my
18 right. I was trying to determine how I was going
19 to evade those wheels if I got loose from the
20 motorcycle. Because they were like a foot to my
21 rear, I was looking up.
22 Q. So I take it as you were looking up,
23 the tractor was still moving?
24 A. Yes, it was.
' 25 Q. Did there come a time whe n the tractor
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2 stopped?
3 A. Yes, there did.
4 Q. And did it go over, did the wheel
5 actually cross over any portion of your body?
6 MR. D'ERASMO: Which wheel.
7 MR. WONG: The tractor wheels.
8 A. That's negative.
9 Q. Are you aware of any photographs being
10 taken at the scene of the accident?
11 A. Yes.
12 Q. Who took them?
13 A. The ones,I am aware of that were taken
• '
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was one ended up in a local newspaper. I don
15 know who took that, and a fellow also going to the
16 convention on a motorcycle, came along after and
17 took pictures and sent them to me.
18 Q. Do you know this person's name?
19 A. I remember his last name.
20 Q. What was his last name?
21 A. Glasser.
22 Q. Did he actually stop and tell you that
23 he was go ing to take these pictures and send them
24 to you or how did you know he was going to take
25 them and send them to you?
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2 A. He took them without talking to me.
3 When they were hauling me off, he said, "I took
4 some pictures of this," and somehow I gave him my
5 information and he sent them to me later. He
6 volunteered, it.
7 Q. It is your understanding that he was
8 also going to the rally?
9 A. Yes.
10 Q. How many photographs did he send you,
11 Mr. Glasser?
12 A. I think there is at least ten or so.
• 13 Q. Do you have those photographs or did
14 you give them to your attorney?
15 A. I gave them to my attorney.
16 Q. When did you receive these photographs?
17 A. It was a month or two after. It wasn't
18 like within a haste. I don't remember that. It
19 wasn't immediately.
20 Q. Except for that one encounter with
21 Mr. Glasser, had you ever seen Mr. Glasser or do
22 you know Mr. Glasser from any other place?
23 A. No.
24 Q. Have you ever met Mr. Glasser since
. 25 this accident?
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2 A. Negative.
3 Q. Have you ever corresponded with
4 Mr. Glasser or communicated with him by telephone
5 regarding the photographs or the accident itself?
6 A. I respond,to his, when he mailed them
7 to me, I got his e-mail address, I wrote him back
8 and thanked him.
9 Q. That was the extent pf,your
10 communication with him?
11 A. I believe so. I don't think I followed
12 up at all.,
13 Q. You told us there was a photograph in
14 the local newspaper?
15 A. Yes.
16 Q. And the ones from Mr. Glasser.
17 Are you aware of any photographs' being
18 taken at the scene of the accident?
19 A.' My associate, Mr. Starr, took some.
20 Q. How many did Mr. Starr take?
21 A. I can't recall. I just know he said he
22 took some pictures.
23 Q. With what type of camera did Mr. Starr
24 take the photographs?
25 A. I don't know.
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
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2 Q. Was he carrying a camera to the event?
3 A. Yes.
4 Q. Was it --
5 A. I don't know.
6 Q. A non-disposable camera or was it a
7 disposable camera, or whatever?
8 A. I don't know.
9 Q. The photographs that Mr. Starr took,
10 did he give them to you?
11 A. I think he did, but -- I assume he
12 gave them t o me.
13 Q. Do you have any recollection of what
14 you did wit h the photographs that Mr. Starr gave
15 you?
16 A. I don't have a recollection. I would
17 be inclined to send them to my attorney, but I
18 don't know that I did.
19 MR. WONG: Off the record.
20 (Whereupon, a discussion was held off
21 the record.)
22 MR. PRONER: From looking at the
23 photographs, I had an investigator take
24 photographs of the accident scene, police
25 report has it "as accident at Exit 23."
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2 MR. WONG: I know that.
3 MR. PRONER: Our, pleadings, we have
4 Exit 23. Looking at the photographs that were
5 taken, it is Exit' 24.
6 MR. WONG:, Yes.
7 MR. PRONER: 'Did you know.that?
8 MR. WONG: I knew that. I use 23 like
9 every other week, I know thit,, so I knew that
10 it wasn't.
11 MR. PRONER: Right.'
12 MR.. WONG: From the description:.
13 MR. PRONER: Off the record.
14 (Whereupon, a discussion was held off
15 the record.)
16 MR. PRONER: These are 11 photographs.
17 MR. WONG: We will just mark them A-1
18 through A-11.
19 MR. PRONER:, Here are some
20 post-accident vehicle photographs, if you want
21 to'take a look at those.
22 (Whereupon, the aforementioned
23 photographs were marked as Defendants'
24 Exhibits A-1 to A-1 2 for identification as of
25 this date by the Re porter.)
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
39
• 1 C. JONES
?
2 MR. WONG: Why don't you mark
35
3 photographs showing Mr. Jones' motorcycle at
4 the'salvage yard,. we will collectively mark
5 this as Exhibit B.'
6 (Whereupon, the aforementioned
7 photographs were marked as Defendants, Exhibit
8 B for identification as of this date by the
9 Reporter.)
10 MR. WONG: Please mark this as C.
11 (Whereupon, the aforementioned
12 photograph was marked as Defendants' Exhibit C
13 for identification as of this date by the
14 Reporter.)
15 Q. Mr. Jones, when you received
16 Mr. Glasser's photographs in the mail, you took a
17 look at them?
18 A. I did.
19 Q. I am going to show you 12 photographs
20 that have been marked as photographs A-1 through
21 A-12 for identification.
22 I ask you to take a look at those 12
23 photographs.
24 Do these photographs appear to be the
25 photographs you received from Mr. Glasser?
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
40
• 1 C. JONES
2 A. Yes.
3 Q. I am going to show you a package of 35
4 photographs that your attorney has provided to us
5 and ask you to take a look at these photographs.
6 A. What am I looking for?
7 Q. That have been labeled as Exhibit B.
8 Just look at the photographs and I will
9 ask you a question about them.
10 Mr. Jones, have you taken a look at
11 these 35 photographs?
12 A. Yes.
13 Q. What do they seem to represent in
14 general?
15 A. They are pictures all of the, my
16 motorcycle sitting in the salvage yard.
17 Q. And they were all obviously taken after
18 this accident, sometime after this accident?
19 A. Yes, I noticed there is rust on the --
20 Q. Some --
21 A. Front brake disk which means it sat out
22 there in the weather sometime before the pictures
23 were taken.
24 Q. Do you have any estimate when these
25 photographs were taken other than sometime after
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
•
0
C
41
1 C. JONES
2 the accident?
3 A. They rust quickly.if you leave them
4 sitting in the rain because they are shined up from
5 the brakes.
6 Q. Do you know where the salvage yard is?
7 A. No.
8 Q. Do you have any knowledge as to whether
9 this salvage yard is in New York:oT Virginia or
10 somewhere else?
11 A. It is somewhere up here because my
12 insurance company told 'me that, it is the only
13 reason I know.
14 Q. When was the last time you saw this
15 motorcycle?
16 A. June 2nd.
17 Q. So after the accident you never saw it
18 again?
19 A.' Never.
20 Q. Had you seen the photograph that the
21 newspape'r took?
22 A. I saw an image of it, somebody sent me
23 over the Internet.
24 Q. Mr. Jones, I show you a photograph
25 that's been marked as Defendants' Exhibit C and ask
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
42
•
0
•
1 C. JONES
2 you, does this appear to be the photograph that the
3 newspaper photographer took?
4 A. Yes. It is not near that clear. That
5 image, I think.
6 Q. What side of the tractor were you, was
7 your body under, the left side or the right side?
8 MR. PRONER: Objection as to form.
9 Off the record.
10 (Whereupon, a discussion was held off
11 the record.)
12 Q. Mr. Jones, I am going to show you
13 Defendants' Exhibit A-9 for identification. Take a
14 look at that.
15 A. What is Defendants' Exhibit Exhibits?
16 Q. It is only because I marked it, and I
17 am a defendant.
18 MR. PRONER: He is identifying the
19 photograph.
20 MR. WONG: It is just a marking on the
21 photograph.
22 MR. PRONER: On the back.
23 THE WITNESS: I understand.
24 Q. Because I caused it to be marked for
25 identification for today, as opposed to let's say
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
J
•
E
43
1 C. JONES
2 maybe another photograph, he will do it, it will be
3 Mitchell's turn when he asks Lesco about the damage
4 to the truck.
5 A. Okay.
6 Q. Is that you lying on the ground?
7 A. It is.
8 Q. And your head is out from the driver's
9 side or the passenger's side of Khp tractor?
10 A. Driver's side.
11 R• And you told us that the accident
12 occurred on the passenger's side of the tractor; is
13 that correct?
14 A. Correct.
15 Q. Do you know how it came to be that your
16 body passed, apparently passed under the tractor
17 and out?
is A. Yes.
19 Q: How?
20 A. I told you earlier, I was, when the
21 vehicle'came to a stop, I was, my head was pretty
22 much centered under the drive shaft, so I reached
23 up, disconnected my busted ankle, tried to get some
24 relief, and I got it out of there, and I laid there
25 under the truck and I was, I wasn't sure that the
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
0
6
0
44
1 C. JONES
2 driver knew I was under there. So I started to
n?
3 drag myself out of there', and people stopped me
4 right there and they said, "it is all right, stay
5 there, don't move." They started advising me not
6 to move because they were -- it was dangerous, so
7 I dragged myself out there.
8 Q. So your position shown on Defendants'
9 Exhibit A-9 was the position from which, or to
10 which you had dragged yourself from the initial
11 position of being under the center of the tractor?
12 A. Yes.
13 Q. Do you have any estimate of time as to
14 how long you were under 'the tractor?
15 A. Before they got me on a board and moved
16 me out?
17 Q. Yes.
18 A. Thirty minutes.
19 MR. D'ERASMO: Mr. Jones, at any time
20 while you were under the tractor, did you see
21 the drive shaft stop turning?
22 THE WITNESS: Yes.
23 MR. D'ERASMO: Do you recall how soon
24 after the accident you saw it stop turning?
25 THE WITNESS: It seemed like a long
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
0
0
45
1 C. JONES
2 time.
3 Q. Do you have any opinion as to where
4 Mr. Starr's photographs are?
5 A. I suspect they are in my e- mail system
6 at home. They are images, he probably scanned
7 them, I don't know if he had a digital camera or
8 what.
9 Q. But it is your belief ghat he e-mailed
10 them to you?
11 A. Yes.
12 Q. As opposed'to mailing them, hard copies
13 in the U.S. mail?
14 A. Oh, sure, yes.
15 Q. Do you have any recall of f orwarding
16 those photographs from Mr. Starr on to your
17 attorneys, printing them out and giving them to
18 your attorney?
19 A. I know I didn't print them.
20 MR. WONG: I would request a copy of
21 the photographs that Mr. Starr too k of the
22 accident and the aftermath of the accident.
23 MR. PRONER: Okay, we will provide you
24 whatever additional photographs th at exist
25 that we get our hands on.
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
46
1 C. JONES
2 MR. WONG: Off the record.
3 (Whereupon, a discussion was held off
4 the record.)
5 Q. Did the tractor at any time before the
6 accident blow its horn or make any other kind of
7 warning noise?
8 A. No.
9 Q. Who removed you from beneath the
10 tractor?
11 A. EMTS with the ambulance.
12 Q. were there police on the scene also,
13 that you observed?
14 A. Not that I observed.
15 Q. While you were lying on the ground
16 underneath the tractor, did anyone come up to you
17 and speak with you?
18 A. Yes.
19 Q. How many different people?
20 A. Four.
21 Q. Do you know the identity of any of
22 these four people?
23 A. Mr. Glasser.
24 Q. You subsequently knew, at the time you
25 didn't know that it was Mr. Glasser; is that
DIAMOND REPORTING-718-624-7200-16 Court St.,Blklyn,NY 11241
47
. 1 C. JONES
2 correct?
3 A. He told me his name.
4 Q• Who else?
5 A.. Mr. Starr, EMTs and 'some unknown helper
6 before that who advised me,to remain still under
7 the tru ck, don't try to get out.
8 Q. Did this unknown person have a uniform
9 on or - -
10 A. I didn't observe that. Somebody,
11 helpful person.
12 Q. At any time while you were on the
• 13 ground, did you speak to someone who appeared to
14 you to have been the driver of the tractor?
15 A. It is negative. He never spoke to me.
16 Q. After you were removed from beneath the
17 tractor, were you eventually taken to a hospital?
18 A. Yes.
19 Q: Before taking you to the hospital, did
20 the EMTS do anything for you while at the scene
21 still? '
22 A. Yes.
23 Q. What did they do for you?
24 A. They immobilized me with concern for
. 25 back and neck and they slipped me up on a straight
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
48
. 1 C. JONES
2 board whi ch they delivered me to the, and left me
3 on at the hospital.
4 Q. Did you or someone else empty your
5 possessions out of the motorcycle before you were
6 taken away in the ambulance?
7 A. My friend, Don Starr, collected up my
8 stuff.
9 Q. Did he go to the hospital with you?
10 A. No.
11 Q. where did Mr. Starr go?
12 A. He rode his motorcycle to the hospital.
13 Q. Do you remember which hospital you were
•
14 taken to?
15 A. Albany Medical Center.
16 Q. What did they do for you at the Albany
17 Medical Center?
18 A. They triaged me, x-rayed neck, back,
19 obviously the left ankle.
20 Q. Anywhere else that they x-rayed?
21 A. Inquired was I hurting anywhere.
22 Q. And bow did you respond?
23 A. I responded the only pain that I felt
24 was in my left ankle.
25 Q. How many days in total did you stay at
DIAMOND REPORTING-718-624-7200-16 Court St.,B'klyn,NY 11241
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CHARLES JONES and ]DANE JONES,
-against-
Plaintiffs,
Index No.: 117725/03
ORDER FOR
OPEN COMMISION
PURSUANT TO
NY CPLR 3108
LESCO, INC., CHRISTOPHER EUGENE WORLEY
and NATIONAL BOILER SERVICE, INC.
Defendants.
-----------------------------------------------------------X
TO: The Commonwealth of Pennsylvania, Court of Common Pleas
Prothonotary's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
GREETING:
KNOW YE, that, with full faith in your prudence and competency and
pursuant to Section 3108 of the New York Civil Practice Law and Rules, we have
appointed you Commissioner, and do authorize you or any of you to compel the
deposition of non-party witness DONALD STARR and to compel production of the
items listed below relating to the incident which occurred on June 2, 2003 at Interstate
90 at or around Exit 24 Toll Plaza, County of Albany, State of New York. DONALD
STARR, a resident of Cumberland County with an address of 20 John Mar Court,
Mechanicsburg, Pennsylvania 17055, a non-party in the action captioned above,
pending in the Supreme Court, New York County, should be compelled to come
before the Courts of the Commonwealth of Pennsylvania, Cumberland County, on or
before August _, 2005, at 10:00 AM, for the purpose of appearing for oral
deposition and producing the documents requested below under the Rules of this
Court and Article 31 of the New York Civil Practice Law and Rules.
u n
Specifically, we demand that you compel the production of the following
documents:
1. All photographs of the scene of plaintiff's accident taken by Donald Starr
WE REQUEST YOU or any other duly authorized person who may administer
oaths pursuant to the law of the Commonwealth of Pennsylvania, do cause the
witness, DONALD STARR to come before the Courts of the Commonwealth of
Pennsylvania, Cumberland County, Pennsylvania, on or before August . 2005, at
10:00 AM, and to be then and there placed under oath and to produce the
aforementioned photographs and to testify concerning any knowledge he may have of
the alleged accident that is the subject of plaintiff's complaint in the above-captioned
action. You are to be governed in the premises by the applicable law of the State of
New York.
WITNESS, the Honorable Milton A. Tingling, one of the justices of our Supreme
Court, this day of 2005.
By the Court
Justice Milton A. Tingling
Clerk
? Bv"n certify that the %ithin
has been compared by me with the original and found to be 011 vr and auuplctc copy. `
_ ? enlprmmam" state that I am
the attorney(s) of record for in the within
a action; I have read the foregoing and know the contents thereof;
the same is true to my own knowledge, except as to the matters therein alleged to be on informaiion and belief, and as to those matters
I believe it to be true. The reason this verification is made by me and not by
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
I affirm that the foregoing statements are true, under the penalties of perjury.
...................... iii.om . e ........ dipped .. m ..... ull .. b e . e . p...d . ele0 ..... b r, . e . a . m .... ................
Dated: he mat
en
STATE OF NEW YORK, COUNTY OF ss.:
I, the undersigned, being duly sworn, depose and say: I am
? v.ruc.dn in the action; l have read the foregoing
and know the contents thereof; the same is true to my own knowledge, except
as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true.
Co pomm
? vennunpn the of
a corporation and a party in the within action; I have read the foregoing
and know the contents thereof; anti the same is true to my own knowledge,
except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This
verification is made by me because the above party is a corporation and I am an officer thereof.
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
Sworn to before me on
iiw .......it ..pmd......m..arl.....be..prin....:.m.d..benee...:...U......
name
STATE OF NEW YORK,. COUNTY OF New York - ss.: (it mom man oM box is chocked-Indicate after mmes type ofwmce used.)
1, the undersigned, being sworn, say; I am nova party to the action, am over 18 years of age and reside at New York, N.Y.
June3, 2005 Notice of Motion, Affirmation in Support & Memorandum of Law
Ott- I served the within
C] B M? by mailing a copy to each of the following persons at the last known address set forth after each name below.
pamnal by delivering a true copy of each personally to each person named below at the address indicated. I knew each person served
? Senlndn to be the person.mentioned and described in said papers as a party therein:
Indirlduel
sanlde by by transmitting a copy to the following persons by O FAX at the telephone number set forth after each name below O E-MAIL
? fladwie - at the E-Mail address set forth after each name below, which was designated by the attorney for such purpose, and by mailing a
copy to the address set forth after each name.
t pvanlpbl -
a ? oennerp by dispatching a copy by overnight delivery to each of the following persons at the last known address set forth after each name
Service
PRONER & ftNER White Quinlan, Staley, LLP
Attorneys for Plaintiff Attorneys for Defendant,
60 East 42nd Street LESCO, fNC.
Suite 1448 377 Oak Street
New York, New York 10165 P.O. Box 9304
(212) 986-3030 Garden City, New York 11530
Your File No. 7261 516 222-2434
Donald Starr
20 John Mar Court
Mechanicsburg, PA 17055
N NE1TE CASTANEDO
Publk, to of Yo
0.01 7
SA5pgCca?r?ttlls?fpNNed in
Fxpi?es 14... ..........
Ssvom to before me on June, 2005 • atoned mug ba yriatee b nsath
Ariadne C. Bonano
SUPREME COURT OF THE STATE OF NEW YOR- NEW Y
DDecrnrr. HO !HILTON A. TINGLING YORK COUNTY
Index Number :?7725/2003
JONES, CHARLES E. J.S.C. PART D-
vs
LE`7C0 INDEX NO.
- -
Sequence Number : 001 --
MOTION DATE
SUPERVISION OF DISCLOSURE
1 MOTION SEG. NO.
I MI1T1?.•
appropriate:
, , 0 cUURT New York 7725 2003
STATE CrF NEW YORK, COUNTY OF Index o. Year
CHARLES E. JONES and H. JONES JONES,
Plaintiffs,
-against-
LESCO, INC., CHRISTOPHER EUGENE WORLEY and NATIONAL BOILER SERVICE INC.,
Defendants.
1
NOTICE OF MOTION, AFFIRMATION IN SUPPORT and MEMORANDUM OF LAW
QUIRK AND BAKALOR, P.C.
Attorney(s)for CHRISTOPHER EUGENE WORLEY and NATIONAL BOILER SERVER INC.
09ce and Post Office Address, Telephone -
j
845 Third Avenue
NEW YORK, NEW YORK 10022
(212) 319-1000
To Signature (Rule 130-1.1-a)
Service of a copy of the within is hereby admitted.
Attorney(s) for - Dated:
PLEASE TAKE NOTICE:
? NOTICE OF ENTRY
that the within is a (certified) true copy of a.
duly entered in the office of the clerk of the within named court on
? NOTICE OF SETTLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of the
within named Court, at
on at M.
Dated,
Yours, etc.
QUIRK AND BAKALOR, P.C.
10
-3
W
?9-
Lrl
G
Q
n ?
as
?+
s ?
,v
_
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHARLES JONES and JOANE JONES,
Plaintiffs,
-against-
LESCO, INC., CHRISTOPHER EUGENE WORLEY
and NATIONAL BOILER SERVICE, INC.
Defendants.
TO: The Commonwealth of Pennsylvania,
Court of Common Pleas of Cumberland County
Prothonotary's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
GREETING:
i?
RECEIVED AUG 17 2005
File No.: DS' -*W93 (21
PETITION and ORDER
FOR OPEN
COMMISSION
PURSUANT TO
NY CPLR 3108
KNOW YE, that, with full faith in your prudence and competency and
pursuant to Section 3108 of the New York Civil Practice Law and Rules, we have
appointed you Commissioner, and do authorize you or any of you to compel the
deposition of non-party witness DONALD STARR and to compel production of the
items listed below relating to the incident which occurred on June 2, 2003 at Interstate
90 at or around Exit 24 Toll Plaza, County of Albany, State of New York. DONALD
STARR, a resident of Cumberland County with an address of 20 John Mar Court,
Mechanicsburg, Pennsylvania 17055, a non-party in the action captioned above,
pending in the Supreme Court, New York County, should be compelled to come forth
for the purpose of appearing for oral deposition and producing all original
photographs of the scene of plaintiff's accident taken by DONALD STARR and in his
possession pursuant to the Rules of this Honorable Court and Article 31 of the New
York Civil Practice Law and Rules.
WITNESS, the Honorable Milton A. Tingling, one of the justices of our Supreme
Court, the 27th day of July, 2005.
ACCORDINGLY, it is hereby ordered that the non-party witness DONALD
STARR shall be compelled to appear at the offices of Martson, Deardorff Williams &
Otto located at 10 East High Street, Carlisle, PA, 17013 on September 23, 2005, at 10:00
AM, and to be then and there placed under oath to testify concerning any knowledge
he may have of the alleged accident that is the subject of plaintiff's complaint in the
above-captioned action and to produce the aforementioned original photographs of
the scene of plaintiff's accident taken by DONALD STARR and/or in his possession.
All proceedings in the premises are to be governed by the applicable laws of the State
of New York.
By the Court of Common Pleas of
g?)nI°'f-
Judge
o?\
r N,
t
-
ca ?
j
w
O
o <?
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04193 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JONES CHARLES ET AL
VS
LESCO INC ET AL
JASON VIORAL Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within SUBPOENA
STARR DONALD
was served upon
the
WITNESS , at 0954:00 HOURS, on the 25th day of August 2005
at 20 JOHN MAR COURT
MECHANICSBURG, PA 17055 by handing to
DONALD STARR
a true and attested copy of SUBPOENA together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18 .00
Service 8 .80
Affidavit .00
Surcharge 10 .00
.00
36 .80
Sworn and Subscribed to before
me this C / day of
A A.D.
rotho y
So Answers:
R. Thomas Kline
08/26/2005
QUIRK & BAKOLOR
By: //0"
D tatty Sheriff
230105856
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-4193 CIVIL
State Commonwealth of Pennsylvania (2) O Original Order/Notice
Co./City/Dist. of CUMBERLAND O Amended Order/Notice
Date of Order/Notice 11/05/07 O Terminate Order/Notice
Case Number (See Addendum for case summary)
RE: GDULA, PETER M.
Employer/Withholder's Federal EIN Number
JFC TEMPS INC*
1520 MARKET ST
CAMP HILL PA 17011-4815
Employee/Obligor's Name (Last, First, MI)
180-48-0346
Employee/Obligor's Social Security Number
2398101220
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 100. oo per month in past-due support Arrears 12 weeks or greater? Oyes Q no
$ 0.00 per month in current and past-due medical support
$ 0.00 per month for genetic test costs
$ 0.00 per month in other (specify)
for a total of $ 100.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 23.08 per weekly pay period.
$ 46.15, per biweekly pay period (every two weeks).
$ 50. oo per semimonthly pay period (twice a month).
$ loo. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Date of Order: NOV 0 6 2007
DRO: R. J. SHADDAY
Service Type M
- N -t ??VA. ?
M. L. EBERT, JR., OROGE
Form EN-028 Rev. 1
OMB No.: 0970-0154 Worker ID $IATT
vo
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If hhecked you are required to provide a copy of this form to yourswloyee. If your employee works in a state thatkis
di Bd.
rent from the state that issued this order, a copy must be provi to your employee even if the box is not chec e
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.*
paydateldate of wit' 11-101ding iS tl ie date oi f which all 10Unt Was Wit! iheld fi-oin the ep , iployee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322201350
EMPLOYEE'S/OBLIGOR'S NAME: GDULA, PETER M.
EMPLOYEE'S CASE IDENTIFIER: 2398101220 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10. Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11. Submitted By: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Service Type M
Page 2 of 2
Form EN-028 Rev. 1
Worker ID $ IATT
OMB No.: 0970-0154
''N
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: GDULA, PETER M.
PACSES Case Number 230105856
Plaintiff Name
COURTNEY GENISE
Docket Attachment Amount
03-4193 CIVIL$ 100.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available identified above in any health insurance coverage available
through the employee's/obligor's employment. through the employee's/obligor's employment.
Addendum Form EN-028 Rev.
Service Type M Worker ID $IATT
OMB No.: 0970-0154
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