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HomeMy WebLinkAbout06-6217METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, vs. Plaintiff PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.06-_LI17 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Melony Smith, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff Melony Smith is an adult individual who resides at 103 Army Heritage Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Patricio Leon is an adult individual residing at 24-14 97`h Street East, Elmhurst, New York. 3. Defendant Ribb's Trucking, Inc. is a New Jersey corporation with a principal 364070-1 place of business at 116 Hobart Avenue, Bayone, New Jersey and also trades and does business as Arrow Transport, Inc. 4. Defendant Ribb's Trucking, Inc. also is registered as a corporation in the state of New York. 5. Defendant Francisco Ribeiro, a/k/a Frank Ribeiro, is an adult individual who, on or about August 11, 2006, was the owner/operator of the business located at 116 Hobart Avenue, Bayone, New Jersey known as Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc. 6. The facts and circumstances hereinafter set forth occurred on August 11, 2006, at or about 3:15 a.m. on S.R. 81, Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Plaintiff Melony Smith was the operator of a 1997 Plymouth Grand Voyager bearing Pennsylvania License Plate #PD30607. 8. At the aforesaid time and place, Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc., either individually and/or jointly and severally, owned, maintained, controlled and/or leased a 2001 Peterbilt Pro Sleeper bearing New Jersey License Plate #AH131W. 9. At the aforesaid time and place, Plaintiff Melony Smith was operating the 1997 Plymouth Grand Voyager southbound in the center lane on S.R. 81 in Hampden Township, Cumberland County, Pennsylvania. 10. At the aforesaid time and place, Defendant Partricio Leon was the operator of a 364070-1 2001 Peterbilt Pro Sleeper with the permission of Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc. and within the scope of his employment with Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc. 11. At the aforesaid time and place, the vehicle operated by Defendant Patricio Leon was also traveling southbound in the center lane of S.R. 81 in Hampden Township, Cumberland County, Pennsylvania, behind the vehicle being operated by Plaintiff. 12. At the aforesaid time and place, the vehicle operated by Defendant Patricio Leon struck the rear of Plaintiff's vehicle. COUNTI PLAINTIFF MELONY SMITH V. DEFENDANT PATRICIO LEON 13. Paragraphs 1 through 12 of Plaintiff s Complaint are incorporated herein by reference as if fully set forth. 14. Defendant owed a duty to Plaintiff Melony Smith and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 15. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Patricio Leon, either individually and/or jointly and severally, in operating the 2001 Peterbilt Pro Sleeper in a careless, reckless and negligent manner as follows: (a) Failing to observe Plaintiff s vehicle on the roadway; (b) Following too closely to Plaintiff's vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; 364070-1 (c) Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; (d) Failing to maintain and stop the vehicle he was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; (e) Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid the collision with the rear of Plaintiffs' vehicle; (f) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (g) Failing to give warning to Plaintiff Melony Smith of his impending collision with Plaintiff's vehicle; (h) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714 and applicable law; (1) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (}) Operating his vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (k) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (1) Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A. §3362 and applicable law; (m) Operating his vehicle in reckless disregard in violation of 75 Pa. C.S.A. §3736 and applicable law; (n) In failing to operate his vehicle with a higher standard of care as required by a commercial driver; (o) In failing to yield the right-of-way to traffic already upon the highway; 364070-1 (p) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (q) Otherwise operating his vehicle at an unsafe speed; (r) Violating Pennsylvania Interstate and/or Intrastate Motor Carrier Safety Regulations and other state safety requirements; (s) Violating federal motor carrier and federal standards and regulations; (t) Not keeping his eyes on the roadway; (u) Not keeping alert; (v) Failing to use the other available lane; (w) Driving his vehicle while asleep, fatigued or without adequate rest. 16. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant Leon, either individually and/or jointly and severally, Plaintiff, Melony Smith, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Head trauma; (b) Trauma and injury to neck; (c) Trauma and injury to left wrist; (d) Trauma and injury to right hand; (e) Trauma and injury to chest; (f) Trauma and injury to stomach; 364070-1 (g) Trauma and injury to right leg. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Leon, either individually and/or jointly and severally, Plaintiff, Melony Smith, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities all to her great loss and detriment. 18. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Leon, either individually and/or jointly and severally, Plaintiff, Melony Smith, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 19. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Leon, either individually and/or jointly and severally, Plaintiff, Melony Smith, may suffer a loss of earnings for which damages are claimed. 20. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Leon, either individually and/or jointly and severally, Plaintiff, Melony Smith, may in the future incur a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 21. Asa direct and proximate result of the aforesaid collision and the negligence, 364070-1 carelessness and recklessness of Defendant Leon, either individually and/or jointly and severally, Plaintiff Melony Smith sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 22. As a direct and proximate result of the aforesaid collision and the negligence, carelessness and recklessness of Defendant Leon, either individually and/or jointly and severally, Plaintiff Melony Smith has sustained or in the future may sustain scarring and disfigurement for which damages are claimed. 23. Defendant Leon was operating a vehicle registered in another state at the time of the collision. Therefore, Plaintiff Melony Smith remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Melony Smith demands judgment in his favor and against the Defendant Patricio Leon, either individually and/or jointly and severally, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT II PLAINTIFF MELONY SMITH V. DEFENDANT RIBB'S TRUCKING, INC., INDIVIDUALLY AND T/D/B/A ARROW TRANSPORT, INC. 24. Paragraphs 1 through 23 hereof are incorporated herein by reference as if fully set forth. 25. At all times relevant hereto, Defendant Patricio Leon was an employee, servant, workman and/or agent of Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc., and was acting within the scope of his employment with Defendant 364070-I Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, and Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc., either individually and/or jointly and severally is vicariously liable for his acts, commissions or omissions as though it performed the acts, commission or omissions itself and is subject to the doctrine of respondeat superior. 26. In addition to being vicariously liable for the acts of its employee, servant, workman and/or agent, Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc. was also negligent, careless and reckless as follows: a. Failing to properly train its employees, servants, workmen and/or agents in the operation of its vehicles; b. Failing to provide its employees, servants, workmen and/or agents with proper directions before allowing them to operate its vehicles; c. Failing to ensure that its employees, servants, workmen and/or agents are familiar with the roadways and route of travel before allowing them to operate its vehicles; d. Failing to properly supervise or control its employees, servants, workmen and/or agents while they are operating its vehicles; e. Hiring and/or retaining employees, servants, workmen and/or agents who may be unfit or incompetent to operate its vehicles; f. Failing to have in place proper procedures, rules, regulations, protocols or safety measures to ensure that other motorists are not endangered by the operation of its vehicles by its employees, servants, workmen and/or agents; g. Sending out its employee, servant, workman and/or agent for an errand or job without proper instructions, directions and guidance; h. Failing to take proper precautions to protect Plaintiff and other lawful users of the roadway from the negligent, careless and reckless actions of its employees, servants, workmen and/or agents; 364070-1 i. Failing to use a higher degree of care as a commercial carrier in the operation of its vehicles; j. Violating Pennsylvania Interstate and/or Intrastate Motor Carrier Safety Regulations and other state safety requirements; k. Violating federal motor carrier and other federal standards and regulations; 1. Allowing or directing its drivers to operate its vehicles while fatigued, asleep or without adequate rest. 27. As a result of the aforesaid negligence, carelessness, and/or recklessness of Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc., either individually and/or jointly and severally, Plaintiff sustained the aforesaid damages. WHEREFORE, Plaintiff Melony Smith demands judgment in her favor and against the Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc., either individually and/or jointly and severally, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT III PLAINTIFF MELONY SMITH V. FRANCISCO RIBEIRO, A/K/A FRANK RIBEIRO 28. Paragraphs 1 through 27 hereof are incorporated herein by reference as if fully set forth. 29. At all times relevant hereto, Defendant Patricio Leon was an employee, servant, workman and/or agent of Defendant Francisco Ribeiro a/k/a Frank Ribeiro and was acting within the scope of his employment with Defendant Francisco Ribeiro, a/k/a Frank Ribeiro, and Defendant Francisco Ribeiro, a/k/a Frank Ribeiro, either individually and/or jointly and 364070-1 severally, is vicariously liable for his acts, commissions or omissions as though he performed he performed the acts, commission or omissions himself and is subject to the doctrine of respondeat superior. 30. In addition to being vicariously liable for the acts of its employee, servant, workman and/or agent, Defendant Francisco Ribeiro, a/k/a Frank Ribeiro was also negligent, careless and reckless as follows: a. Failing to properly train his employees, servants, workmen and/or agents in the operation of his vehicles; b. Failing to provide his employees, servants, workmen and/or agents with proper directions before allowing them to operate his vehicles; c. Failing to ensure that his employees, servants, workmen and/or agents are familiar with the roadways and route of travel before allowing them to operate his vehicles; d. Failing to properly supervise or control his employees, servants, workmen and/or agents while they are operating his vehicles; e. Hiring and/or retaining employees, servants, workmen and/or agents who may be unfit or incompetent to operate his vehicles; f. Failing to have in place proper procedures, rules, regulations, protocols or safety measures to ensure that other motorists are not endangered by the operation of his vehicles by his employees, servants, workmen and/or agents; g. Sending out his employee, servant, workman and/or agent for an errand or job without proper instructions, directions and guidance; h. Failing to take proper precautions to protect Plaintiff and other lawful users of the roadway from the negligent, careless and reckless actions of his employees, servants, workmen and/or agents; i. Failing to use a higher degree of care as a commercial carrier in the operation of his vehicle; 364070-1 j. Violating Pennsylvania Interstate and/or Intrastate Motor Carrier Safety Regulations and other state safety requirements; k. Violating federal motor carrier and other federal standards and regulations; 1. Allowing or directing its drivers to operate its vehicle while fatigued, asleep or without adequate rest. 31. As a result of the aforesaid negligence, carelessness, and/or recklessness of Defendant Francisco Ribeiro, a/k/a Frank Ribeiro, Plaintiff sustained the aforesaid damages. WHEREFORE, Plaintiff Melony Smith demands judgment in her favor and against the Defendant Francisco Ribeiro, a/k/a Frank Ribeiro, either individually and/or jointly and severally, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ?!- Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: 10/ a S J'0 Q 364070-1 VERIFICATION I, Melony Smith, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 101?/01a R. k--IW Me ny S ith 364070-1 n ? w Q "l 0 firn 1"? METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIO LEON; RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Clark DeVere, Esquire, counsel for Plaintiff in the above captioned action, hereby certify that true and correct copies of the Complaint were served upon Defendants, Ribb's Trucking, Inc. and Francisco Ribeiro, a/k/a Frank Ribeiro on November 1, 2006 at 10:35 a.m. in the manner set forth as evidenced by the Affidavits of Service prepared by DGR which are attached hereto and incorporated herein by reference as Exhibit "A". This Affidavit is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 367341-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: November 17, 2006 367341-1 EKI??bi4 ? f ? MELD, SMITH, vs PATRICIO LEON, ET AL., -? Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant DOCKET NO. 06-6217 Person to be served: RIBB'S TRUCKING INC. 116 HOBART AVE. BAYONNE NJ 07002 Attorney: METZGER WICKERSHAM 3211 N. FRONT ST. P.O. BOX 5300 HARRISBURG PA 17110 Papers Served: SUMMONS & COMPLAINT Service Data: Served Successfully Not Served Delivered a copy to him/her personally AFFIDAVIT OF SERVICE (for use by Private Service) Cost of Service pursuant to R4*30 v 6 r s?"1/"' Date: Time: Attempts: Left a copy with a competent household m ber over 14 years of age residing therein at place of abode. Left a copy with a person authorized to accept service, e.g. managing agent, registered agent, etc. Description of Person Accepting Service: Age: l b Height: > , I& Weight: Z v U Hair: Unserved: Name of Person Served and relationship/title ezy-a n 1\ Q hi er0 Sex: / °/ Race: ClAvok*' Ato-"_/ ( ) Defendant is unknown at the address furnished by the attorney ( ) All reasonable inquiries suggest defendant moved to an undetermined address ( ) No such street in municipality ( ) No response on: Date Time ( ) Other: Date Time Comments or Remarks Server Data: Subscribed and Sworn to me this -t- = day of Xjc)'vi e RwOER1` CIFLLLI NOTARY PUBLIC OF NEW JERSEY My COMMINIon Ekpfree Oct 6, 2008 I, CANDIDO PEREZ , was at time of service a competent adult not having a direct interest in the litigation. I declare under penalty of perjury that the foregoing is true and correct. Signature of Process Server Date DGR - THE SOURCE FOR LEGAL SUPPORT 47 Bloomfield Avenue, Caldwell, NJ 07006 (973) 403-1700 Fax (973) 403-9222 WORK ORDER No. 371622 MEEONY SATH, ^ Plaintiff IN THE COURT OF COMMON ' vs PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIO LEGN, ET AL., Defendant Person to be served: FRANK RIBEIRO f RIBB'S TRUCKING INC. 116 HOBART AVE. BAYONNE NJ 07002 Attorney: METZGER WICKERSHAM 3211 N. FRONT ST. P.O. BOX 5300 HARRISBURG PA 17110 Papers Served: SUMMONS & COMPLAINT DOCKET NO. 06-6217 AFFIDAVIT OF SERVICE (for use by Private Service) Cost of Service pursuant to R4:4-30 Service Data: Served S essfully Not Served Date, 11-1-496 Time: ?G3S Attempts: Delivered a copy !51er personally V Left a copy with a competent household member over 14 years of age residing therein at place of abode. Left a copy with a person authorized to accept service, e.g. managing agent, registered agent, etc. Description of Person Accepting Service: Age: C v Height: <,f0 Weight: 2 6 v Hair: 8 rz Unserved: Name of Person Served and relationship/title Hle2?el Sex: P- Race: L1 li?VC J4 S j ( ) Defendant is unknown at the address furnished by the attorney ( ) All reasonable inquiries suggest defendant moved to an undetermined address ( ) No such street in municipality ( ) No response on: Date Time Date Time ( ) Other: Comments or Remarks Server Data: Subscribed and Sworn to me this -?`-- day of I, CANDIDO PEREZ , was at time of service a competent adult not having a direct interest in the litigation. I declare under penalty of perjury that the foregoigg is tr4elad correct. Signature of Process Se Date ROSERr NorAPUBLIC OF N W N1Y Con????0 ?AiresOct 6, 2008 DGR - THE SOURCE FOR LEGAL SUPPORT 47 Bloomfield Avenue, Caldwell, NJ 07006 (973) 403-1700 Fax (973) 403-9222 WORK ORDER No. 371619 ?d a METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIO LEON; RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Clark DeVere, Esquire, counsel for Plaintiff in the above captioned action, hereby certify that true and correct copies of the Complaint were served upon Defendants, Arrow Transport, Inc. on November 7, 2006 at 12:00 p.m. and Patricio Leon on November 3, 2006 at 8:30 p.m. in the manner set forth as evidenced by the Affidavits of Service prepared by DGR which are attached hereto and incorporated herein by reference as Exhibit "A". This Affidavit is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 367341-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 11-11 -- By: =--=I- Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: November 21, 2006 367341-1 /1/1'? ,f k A ) j 7'--4 OCT-30-21NIS 18 90 DGR MELONY SMIT; , vs PATRICIO LEON, ET AL., Person to be served. PATRICIO LEON 9734039222 P.03i19 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND Defendant COUNTY, PENNSYLVANIA DOCKET NO. 06-6217 24-14 97TH ST. EAST ELMHURST NY 11369 Attorney: METZGER WICKERSHAM 3211 N. FRONT ST. P.O. BOX 5300 HARRISBURG PA 17110 AFFIDAVIT OF SERVICE (W we by Pei- sews) Coat of Service pursuant to R4:4-30 S Papers Served: SUMMONS 6 COMPLAINT Service Data: Served SuooessfU4 X X X Not Served Date:1 113106 Time: 8: 3 0 P M Attempts: Delivered a copy to him/her personally Name of Person Served end relationship/dIlle .X,X.X Lett a copy with a competent household JUDITH P A N T O JA member over 14 years of age residing therein at place of abode. CO-RESIDENT Left a copy with a parson authorized to accept service, e.g. manaping spent, registered agent. etc. Description of Person Accepting Servioe: Age: 6 0 Height: 5 1 3 1' Weight: 14 5 t b,6 Heir BLONDE Se)c FEMALE Raca: WHITE Unserved. ( ) Defendant is unknown at the address furnished by the attorney ( ) All reasonable inquiries suggest defendant moved to an undelertv0" address ( ) No such street in municipality ( ) No response on: Date Time Date Time ( ) Other. Comments or Remarks Server Data: I, DOUGLAS PLANZ ,was at Subscribed and Sworn to me this time of service a competent adult not having a direct 8 h day of NOVEMBER interest in the tlhpation. I declare under penalty of perjury te fo oing is true and correct hi 1118106 Date Nouuy ar" L I C N U I l i5 7s'MLis MAUFIEEN A. LETfAU DGR - THE SOURCE FOR LEGAL SUPPORT Notary Public, 01LE6State089of760 New York NO. 47 Bloomfield Avenue, Caldwell, NJ 07006 Oualifted in Nassau County (973) 403-1700 Fax (973) 403-9222 WORK ORDER No. 371617 Commission Expires February, 11, 2010 OCT-30-2006 18:20 DGR MELO%y- SN11'r4t, Plaintiff vs PATRICIO LEON, ET AL., Defendant Parson to be served: ARROW TRANSPORT INC.. 7101 GOTH AVE. MASPETH NY 11378 9734039222 P.05i19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06217 A?"1ey' AFFIDAVIT OF SERVICE MEfZGER WICKERSHAM (WuwbyFfte* ) 3211 N. FRONT ST. P.O. BOX 5300 Cost of Service pursuant to R4:4.30 HARRISBURG PA 17110 ti Papers Served: SUMMONS S COMPLAINT Service Data: XXX 1117106 12 ; 0 0 PM Served Succen1si Not Served Date: Time: Altamaha Delivered a copy to himlher personally Left a copy with a competent household member over 14 years of age residing therein at Place Of abode. X X X Len a copy with a person authorized to aooept service, e,g. managing agent, registered agent, etc. Description of Person Accepting Service: Age: 6 5 Height: 6' 1" weight: 2 0 0 2 bb Hair. B A L D Name of Person Served and relationship/M RAYMOND GRUSVNSK1 Sax: MALE Race: WHITE Unnerved: ( ) Defendant 16 Unknown at the address furnished by the attorney ( ) All reasonable inquiries suggest defendant moved to an undetermined address ( ) No such street in municipality ( ) No response on: Date Time Date Time ( ) Other: Comments or Remaft Server Data: 1, DOUGLAS PLANZ was at Subscribed and Swam to me this time of service a competent adult not having a direct _.g arb - day of NOVEMBER 2006 interest in the litigation. I declare under penalty of perfury that the foregoing Is true and w met, 9A/ 1118106 NOW sw Sr .wr* of Prep Sow Date MAUREEN X L M A U L I C NO 1 1 8 7 9 2 8 Notary Pubic, State of New York DGR - THE SOURCE FOR LEGAL SUPPORT NO.01LEQ=760 QuaYW in Nmw County 47 Bloomfield Avenue, Caldwell, NJ 07006 Commiaion Expires February 11, 2010 (973) 403.1700 Fax (973) 403.9222 WORK ORDER No. 371618 ? ?? ?- -z? N ?? , ?? ?-?" ?` --_.,,?. -fir. .I F... •. 4? "'S? ?? ? ? ? ?' METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT PATRICIO LEON TO THE PROTHONOTARY: Please enter judgment of default in favor of the Plaintiff and against Defendant Patricio Leon for said Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Leon was served with the Complaint by DGR - The Source for Legal Support, a process server from Caldwell, New Jersey on November 3, 2006 and his Answer was 400619-1 due to be filed on November 23, 2006. To date, Defendant Patricio Leon has not filed or served an Answer to Plaintiff's Complaint. Attached as Exhibit "A" is a copy of Plaintiff's Written Notice of Intention to file a Praecipe to Enter Judgment by Default, which I certify was mailed by certified mail, return receipt requested and by regular mail to Defendant Patricio Leon at his last known address on October 15, 2007, which is after the default occurred and at least 10 days prior to the filing of this Praecipe. The certified mailing came back to Plaintiff's counsel as "Unclaimed." However, the copy that was mailed by regular mail was not returned. A copy of the transmittal letter, certified mail domestic return receipt card and returned envelope marked "Unclaimed" are attached hereto as Exhibit "B". Damages are to be assessed at trial. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark eVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: June 23, 2008 400619-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 MELONY SMITH, Plaintiff VS. PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO R]BEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants TO: Patricio Leon Defendant DATE OF NOTICE: October 15, 2007 Attorneys for Plaintiff Melony Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 368142-1 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 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 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: October 15, 2007 368142-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of Metzger, Wickersham, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, postage prepaid, as follows: CERTIFIED MAIL AND REGULAR MAIL Patricio Leon 24-14 97th Street East Elmhurst, NY 11369 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By -? Clark DeVere, Esquire Dated: October 15, 2007 368142-1 j?I?) ? ?`?` ? 3211 North Front Street P.O. Box 5300 October 15, 2007 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Lancaster Mechanicsburg VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED 717-431-0138 717-691-5577 AND FIRST CLASS MAIL Shippensburg York 717-530-7515 717-843-0502 Wilkes-Barre Patricio Leon 570-825-7500 24-14 97th Street East Elmhurst, NY 11369 Re: Melony Smith v. Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., et al. No. 06-6217 Civil Term; Cumberland County, Pennsylvania O Dear Mr. Leon: You are herewith served with Plaintiff's written notice of intent to file a Praecipe for Judgment by Default for your failure to respond to the Complaint, served on you on November 3, 2006. Your response was due twenty days after service of the Complaint, or November 23, 2006. This I1111? Notice and letter have been sent certified and regular mail to ensure your receipt. Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere CDV/sks Enclosure cc: Joseph Nackson, Esquire 368150-1 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty, IV Andrew W Norfleet Robert P. Grubb Of Counsel * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy + z47a ?'?" 1160 00p5 ?005 N ? r'P ? .'? ffi L c C? ? N N j Q lJ1 3 Er ? w 0 T 13 cis A N x 1 o -' b 9 ru 13 r X- t 0, -P- J5 N tt ? n ' 7j•`? ? 0 ;we % J O ij ?' ? d o w o t? N r?+ m till NO 7 W O rn ? $ 101 0 i n i 0 7, w (JI .a o orD O M N) C3 CIL O ?n• a m- co o' = cr 3 ? CD = C] C1 = C] .. C] [rn o ru 0 14 M w w o O t} C V 0 Z m 0 D -1 a moz OHO '1M14 ?? Ovm 0 Z Z ? v 10 D m r. 01 Q r, W 41 Q r. C? ro w CERTIFICATE OF SERVICE AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, hereby certify that I served the foregoing Plaintiff's Praecipe for Entry of Default Judgment against Defendant Patricio Leon by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Patricio Leon 24-1497 Ih Street East Elmhurst, NY 11369 Clark DeVere, Esquire Dated: June 23, 2008 400619-1 I .ft METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants TO: Patricio Leon Defendant DATE OF NOTICE: October 15, 2007 NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 368142-1 IF 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 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 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: October 15, 2007 368142-1 ? ?., C.` =i`}f ?_' _- ?? ? ? ?..? ?; o s .,r, .-- .? r qft METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIO LEON; RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants TO: Patricio Leon 24-14 97`h Street East Elmhurst, NY 11369 NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE Pursuant to Pa. R.C.P. No. 236, you are hereby notified that a Judgment By Default has been entered against you in the above proceeding. Damages are to be assessed at trial at which the issues shall be limited to the amount of the damages. Dated: /A /Oita A 0 J? ?- a A * Pro onotary 400619-1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 I hereby certify that the following is the last known address of the Defendant(s): Patricio Leon 24-14 97th Street East Elmhurst, NY 11369 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: June 23, 2008 400619-1 q METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 MELONY SMITH, Plaintiff vs. PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants Attorneys for Plaintiff Melony Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RIBB'S TRUCKING, INC., INDIVIDUALLY AND T/DB/A ARROW TRANSPORT, INC. TO THE PROTHONOTARY: Please enter judgment of default in favor of the Plaintiff and against Defendant Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc. for said Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Ribb's Trucking, Inc. was served with the Complaint by DGR - The Source for Legal Support, a process server from Caldwell, New Jersey on November 1, 2006 and its Answer was due to be filed on November 21, 399915-1 2006. To date, Defendant Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. has not filed or served an Answer to Plaintiff's Complaint. Attached as Exhibit "A" is a copy of Plaintiff's Written Notice of Intention to file a Praecipe to Enter Judgment by Default, which I certify was mailed by certified mail, return receipt requested and by regular mail to Defendant Ribb's Trucking, Inc., c /o Manager, Officer or Authorized Agent at its last known address on October 15, 2007, which is after the default occurred and at least 10 days prior to the filing of this Praecipe. A copy of the transmittal letter, signed certified mail domestic return receipt card and certificate of mailing evidencing such service are attached hereto as Exhibit "B". Damages are to be assessed at trial. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, squire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: (,, I I a / og 399915-1 EA4i4ll 4 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 MELONY SMITH, Plaintiff vs. PATRICIO LEON; RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants TO: Manager, Officer or Authorized Agent Ribb's Tracking, Inc., Individually and t/d/b/a Arrow Transport, Inc. Defendant DATE OF NOTICE: October 15, 2007 Attorneys for Plaintiff Melony Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 368142-1 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 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 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. S;z--E?- Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: October 15, 2007 368142-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of Metzger, Wickersham, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, postage prepaid, as follows: CERTIFIED MAIL AND REGULAR MAIL Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. 116 Hobart Avenue Bayonne, NJ 07002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ?- Clark DeVere, Esquire Dated: October 15, 2007 368142-1 Ex A; ?1-4 L October 15, 2007 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL Manager, Officer or Authorized Agent Ribb's Trucking, Inc. 116 Hobart Avenue Bayonne, NJ 07002 Re: Melony Smith v. Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., et al. No. 06-6217 Civil Term; Cumberland County, Pennsylvania 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Lancaster Mechanicsburg 717-431-0138 717-691-5577 Shippensburg York 717-530-7515 717-843-0502 Wilkes-Barre 570-825-7500 To Whom It May Concern: You are herewith served with Plaintiff's written notice of intent to file a Praecipe for Judgment by Default for your failure to respond to the Complaint, served on you on November 1, 2006. Your response was due twenty days after service of the Complaint, or November 21, 2006. This Notice and letter have been sent certified and regular mail to ensure your receipt. Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere CDV/sks Enclosure cc: Joseph Nackson, Esquire 368150-1 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty, IV Andrew W. Norfleet Robert P. Grubb Of Counsel Board Certified in civil Y 1' x trial law and advocacy '?+?\+?'?/+?\+ by the National Board . CT;,,r A,4--, 116a cogs 3m CERTIFICATE OF SERVICE AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, hereby certify that I served the foregoing Plaintiff's Praecipe for Entry of Default Judgment against Defendant Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc.; Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. 116 Hobart Avenue Bayonne, NJ 07002 Clark De ere, Esquire Dated: I la/ 399915-1 f METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PATRICIO LEON; RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Manager Officer or Authorized Agent Ribb's Tracking, Inc., Individually and t/d/b/a Arrow Transport, Inc. Defendant DATE OF NOTICE: October 15, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 368142-1 r e 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 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 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ? Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: October 15, 2007 368142-1 ? a f ; - 941 4 %% METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PATRICIO LEON; RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc.; 116 Hobart Avenue Bayonne, NJ 07002 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that a Judgment By Default has been entered against you in the above proceeding. Damages are to be assessed at trial at which the issues shall be limited to the amount of the damages. Dated: /M or" Pr onotary 399915-1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 I hereby certify that the following is the last known address of the Defendant(s): Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. 116 Hobart Avenue Bayonne, NJ 07002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: 5Z 9._.. ? Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: June lam-, 2008 399915-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT FRANCISCO RIBEIRO, A/K/A FRANK RIBEIRO, INDIVIDUALLY AND AS OWNER OF RIBB'S TRUCKING, INC., INDIVIDUALLY AND T/DB/A ARROW TRANSPORT, INC. TO THE PROTHONOTARY: Please enter judgment of default in favor of the Plaintiff and against Defendant Francisco Ribeiro, a/k/a Frank Ribeiro, individually and as owner of Ribb's Trucking, Inc., individually and t/d/b/a Arrow Transport, Inc. for said Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Francisco Ribeiro was personally served with the Complaint by DGR - The Source for Legal Support, a process server from Caldwell, New Jersey 399915-1 on November 1, 2006 and his Answer was due to be filed on November 21, 2006. To date, Defendant Francisco Ribeiro has not filed or served an Answer to Plaintiff's Complaint on behalf of himself individually or as owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. Attached as Exhibit "A" is a copy of Plaintiff's Written Notice of Intention to file a Praecipe to Enter Judgment by Default, which I certify was mailed by certified mail, return receipt requested and by regular mail to Defendant Francis Ribeiro at his last known address on October 15, 2007, which is after the default occurred and at least 10 days prior to the filing of this Praecipe. A copy of the transmittal letter, signed certified mail domestic return receipt card and certificate of mailing evidencing such service are attached hereto as Exhibit "B". Damages are to be assessed at trial. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: ro I r_31o g 399915-1 ,X METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 MELONY SMITH, Plaintiff vs. PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants Attorneys for Plaintiff Melony Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. Defendant DATE OF NOTICE: October 15, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 368142-1 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 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 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ?., Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: October 15, 2007 368142-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of Metzger, Wickersham, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, postage prepaid, as follows: CERTIFIED MAIL AND REGULAR MAIL Francisco Ribiero, a/k/a Frank Ribiero, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. 116 Hobart Avenue Bayonne, NJ 07002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By squire Clark D? Vere, E ' Dated: October 15, 2007 368142-1 ?X? 14 B October 15, 2007 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL Francisco Ribiero c/o Ribb's Trucking, Inc. 116 Hobart Avenue Bayonne, NJ 07002 Re: Melony Smith v. Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., et al. No. 06-6217 Civil Term; Cumberland County, Pennsylvania ' Dear Mr. Ribiero: 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Lancaster Mechanicsburg 717-431-0138 717-691-5577 Shippensburg York 717-530-7515 717-843-0502 Wilkes-Barre 570-825-7500 You are herewith served with Plaintiff s written notice of intent to file a Praecipe for Judgment . by Default for your failure to respond to the Complaint, served on you on November 1, 2006. Your response was due twenty days after service of the Complaint, or November 21, 2006. This Notice and letter have been sent certified and regular mail to ensure your receipt. M Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere CDV/sks Enclosure cc: Joseph Nackson, Esquire 368150-1 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty, IV Andrew W. Norfleet Robert P. Grubb Of Counsel Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy (), 1160 COOS Z'?? 8 2316 7 QC15 ' ^9 J r _N ?a?n i- CERTIFICATE OF SERVICE AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, hereby certify that I served the foregoing Plaintiff's Praecipe for Entry of Default Judgment against Defendant Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. 116 Hobart Avenue Bayonne, NJ 07002 OJU Clark DeVere, Esquire Dated: 399915-1 I 1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 MELONY SMITH, Plaintiff vs. PATRICIO LEON; RIBB' S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants Attorneys for Plaintiff Melony Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. Defendant DATE OF NOTICE: October 15, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 368142-1 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 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 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: October 15, 2007 368142-1 ?? ? ?? m .-j•t 1 CY t-? METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Melony Smith MELONY SMITH, VS. PATRICIO LEON; RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC.; FRANCISCO RIBEIRO, a/k/a FRANK RIBEIRO, Individually and as Owner of RIBB'S TRUCKING, INC., Individually and t/d/b/a ARROW TRANSPORT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6217 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. 116 Hobart Avenue Bayonne, NJ 07002 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that a Judgment By Default has been entered against you in the above proceeding. Damages are to be assessed at trial at which the issues shall be limited to the amount of the damages. Dated: ('A& &g ?G1 Pro onot Plaintiff 399915-1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 I hereby certify that the following is the last known address of the Defendant(s): Francisco Ribeiro, a/k/a Frank Ribeiro, Individually and as Owner of Ribb's Trucking, Inc., Individually and t/d/b/a Arrow Transport, Inc. 116 Hobart Avenue Bayonne, NJ 07002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: e ?--- ?- Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: June /a; 2008 399915-1