Lovely V. Crocker

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STATE OF MAINE PENOBSCOT, SS. SUPERIOR COURT LOCATION: BANGOR, MAINE CIVIL ACTION, DOCKET NO. 11-202 ,\' LOUEEN LOVELY, of Dexter, County of Penobscot, State of Maine, t<,'; ) ) ) ) ) Plaintiff ) vs. ) ?,/' )/ ORDER AND JUDGMENT FOR PLAINTIFF ) ) AROL CROCKER d/b/a C.&R. JACKING & GENERAL CARPENTRY, of St. Albans, County of Somerset, State of Maine, ) ) ) ) ) Defendant The Court finds that a default was entered against the Defendant Arol Crocker, d/b/a C.&R. Jacking & General Carpentry on Ju}-y 23, 2012. A damage hearing. ~~!"' hel9 on August 16, 2012/, .~' fto.,~ ff -r N._, .:#~ o:.{)Yf/'..IIA.J) v -lfu. K -I' --12 ~~ . vc~~~ d~ ct. d ~-uf t.fflU" C'n f -;r.... -12.. 1}4. ~..-.err · . t. fl .. ~Pf':l -k.JnnO ~,.., -11-<- b~"f'. 1'-<-i..r'J 1 ¢="·"r Tlf;e Plaintif is awarded monetary damages against the Defendant in the amount of: $29,200.00; Plaintiff is also awarded $4,145.22 as attorney's fees and cost pursuant to 5 M.R.S. § 213; in addition, a civil penalty of$ /o~.~ ~ pursuant to 10 M.R.S. § 1490(2) is ordered against Defendant for the benefit of the Plaintiff. An execution shall issue upon request for said amounts. The Clerk is specifically directed pursuant to M.R.Civ.P. 79(a) to enter this Judgment on the civil docket by a notation incorporating it by reference. Dated: J);&>jJ2 LOUEEN LOVELY - PLAINTIFF SUPERIOR COURT PENOBSCOT, ss. Docket No BANSC-CV-2011-00202 Attorney for: LOUEEN LOVELY MARVIN GLAZIER - RETAINED VAFIADES BROUNTAS & KOMINSKY 23 WATER STREET SUITE 300 PO BOX 919 BANGOR ME 04402-0919 DOCKET RECORD Attorney for: LOUEEN LOVELY SETH HARROW - RETAINED VAFIADES BROUNTAS & KOMINSKY 23 WATER STREET SUITE 300 PO BOX 919 BANGOR ME 04402-0919 VS AROL CROCKER DBA C&R JACKING AND - DEFENDANT Attorney for: AROL CROCKER DBA C&R JACKING AND WILLIAM P LOGAN - WITHDRAWN IRWIN, TARDY & MORRIS, PA 159 MAIN STREET PO BOX 476 NEWPORT ME 04953 Filing Document: COMPLAINT Filing Date: 12/02/2011 Minor Case Type: CONTRACT Docket Events: 12/08/2011 FILING DOCUMENT - COMPLAINT FILED ON 12/02/2011 12/08/2011 Party(s): LOUEEN LOVELY ATTORNEY - RETAINED ENTERED ON 12/02/2011 Plaintiff's Attorney: MARVIN GLAZIER 12/08/2011 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 12/02/2011 12/21/2011 Party(s): AROL CROCKER DBA C&R JACKING AND SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 12/07/2011 ON DEFENDANT 12/21/2011 Party(s): AROL CROCKER DBA C&R JACKING AND SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 12/14/2011 Plaintiff's Attorney: MARVIN GLAZIER 12/29/2011 Party(s) : AROL CROCKER DBA C&R JACKING AND RESPONSIVE PLEADING - ANSWER FILED ON 12/28/2011 BY DEFENDANT. 12/29/2011 Party(s): AROL CROCKER DBA C&R JACKING AND ATTORNEY - RETAINED ENTERED ON 12/28/2011 Page 1 of 6 Printed on: 08/21/2012 BANSC-CV-2011-00202 DOCKET RECORD Defendant's Attorney: WILLIAM P LOGAN 01/04/2012 NOTE - OTHER CASE NOTE ENTERED ON 01/04/2012 COPY OF COMPLAINT FORWARDED TO 01/07/2012 Party(s): LOUEEN LOVELY MOTION - AFFID & REQUEST DEFAULT/JUDG FILED ON 12/28/2011 Plaintiff's Attorney: MARVIN GLAZIER 01/07/2012 Party(s): LOUEEN LOVELY MOTION - AFFID & REQUEST DEFAULT/JUDG MOOT ON 01/05/2012 WILLIAM R ANDERSON , JUSTICE (ANSWER FILED SAME DAY) 01/27/2012 ORDER - SCHEDULING ORDER ENTERED ON 01/20/2012 ANN MURRAY , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL COPY TO ATTY M GLAZIER; ATTY W LOGAN 127-12 01/27/2012 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 10/01/2012 01/27/2012 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 01/20/2012 ANN MURRAY , JUSTICE 02/09/2012 Party(s): AROL CROCKER DBA C&R JACKING AND MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 02/03/2012 Defendant's Attorney: WILLIAM P LOGAN UNOPPOSED MOTION TO WITHDRAW 02/09/2012 Party(s): AROL CROCKER DBA C&R JACKING AND MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 02/09/2012 ANN MURRAY , JUSTICE 02/09/2012 Party(s): AROL CROCKER DBA C&R JACKING AND ORDER - ORDER ON MOTION TO WITHDRAW ENTERED ON 02/09/2012 ANN MURRAY , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. UPON COMPLIANCE WITH THIS ORDER, WILLIAM LOGAN AND HIS LAW FIRM SHALL BE RELIEVED OF FURTHER OBLIGATION TO THE COURT ON BEHALF OF THE CLIENT AROL CROCKER IN THIS MATTER. 2-9-12 COPY SENT TO ATTY GLAZIER, ATTY LOGAN AND DEFENDANT AROL CROCKER 02/09/2012 Party(s): AROL CROCKER DBA C&R JACKING AND ATTORNEY - WITHDRAWN ORDERED ON 02/09/2012 Defendant's Attorney: WILLIAM P LOGAN 02/21/2012 Party(s): AROL CROCKER DBA C&R JACKING AND LETTER - FROM PARTY FILED ON 02/15/2012 Defendant's Attorney: WILLIAM P LOGAN LETTER CONFIRMING COPY OF ORDER ON MOTION TO WITHDRAW SENT TO DEFENDANT BY USPS, POSTAGE PREPAID ON 2-13-12 TO THE DEFENDANT'S LAST KNOWN ADDRESS OF PO BOX 354, ST. ALBANS, Page 2 of 6 Printed on: 08/21/2012 BANSC-CV-2011-00202 DOCKET RECORD MAINE. 02/24/2012 Party(s): AROL CROCKER DBA C&R JACKING AND MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 02/21/2012 BY DEFENDANT: REQUESTING FURTHER TIME TO OBTAIN ATTORNEY 2-24-12 COPY FORWARDED TO ATTY GLAZIER 03/02/2012 Party(s): LOUEEN LOVELY OTHER FILING - OPPOSING MEMORANDUM FILED ON 02/28/2012 Plaintiff's Attorney: SETH HARROW PLAINTIFF'S OBJECTION TO DEFENDANT'S REQUEST FOR ADDITIONAL TIME TO OBTAIN COUNSEL 03/02/2012 Party(s): LOUEEN LOVELY ATTORNEY - RETAINED ENTERED ON 02/28/2012 Plaintiff's Attorney: SETH HARROW 03/02/2012 CASE STATUS - CASE FILE LOCATION ON 03/02/2012 WITH JUDGE MURRAY - PENDING MOTION 03/06/2012 Party(s): LOUEEN LOVELY DISCOVERY FILING- RULE 26(G) LETTER FILED ON 03/06/2012 Plaintiff's Attorney: SETH HARROW 03/06/2012 CASE STATUS - CASE FILE RETURNED ON 03/04/2012 03/06/2012 Party(s): AROL CROCKER DBA C&R JACKING AND MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 03/04/2012 ANN MURRAY , JUSTICE COPIES TO PARTIES/COUNSEL DEFENDANT SHALL HAVE UNTIL 415-12 TO SECURE REPRESENTATION BY AN ATTORNEY. THE DISCOVERY DEADLINE REMAINS 9-20-12. PLAINTIFF HAS UNTIL 6-15-12 TO DESIGNATE EXPERTS. DEFENDANT HAS UNTIL 7-15-12 TO DESIGNATE EXPERTS. ALL OTHER DEADLINES IN THE 1-20-12 SCHEDULING ORDER REMAINS AS SET. 03/09/2012 ORDER - COURT ORDER ENTERED ON 03/08/2012 ANN MURRAY , JUSTICE NO ACTION WILL BE TAKEN ON THIS MOTION UNTIL 4/20/12. PARTIES/COUNSEL COPIES TO 03/10/2012 ORDER - COURT ORDER ENTERED ON 03/04/2012 ANN MURRAY , JUSTICE DEFENDANT SHALL HAVE UNTIL 4/15/12 TO SECURE REPRESENTATION BY AN ATTORNEY. THE DISCOVERY DEADLINE REMAINS 9/20/12. PLAINTIFF HAS UNTIL 6/15/12 TO DESIGNATE EXPERTS. DEFENDANT HAS UNTIL 7/15/12 TO DESIGNATE EXPERTS. ALL OTHER DEADLINES IN THE 1/20/12 SCHEDULING ORDER REMAIN AS SET. COPY TO ATTY HARROW AND PRO SE DEFENDANTS 04/13/2012 Party(s): LOUEEN LOVELY LETTER - FROM PARTY FILED ON 03/19/2012 Plaintiff's Attorney: SETH HARROW FILED WITH SUPERIOR COURT CHAMBERS 4-6-12 PER JUSTICE ANN MURRAY - THIS MATTER WILL BE SET FOR AN IN-PERSON STATUS CONFERENCE. CLERK TO Page 3 of 6 Printed on: 08/21/2012 BANSC-CV-2011-00202 DOCKET RECORD SET AND NOTIFY 04/13/2012 HEARING- PRETRIAL/STATUS SCHEDULED FOR 05/09/2012 at 08:30a.m. 04/13/2012 HEARING - PRETRIAL/STATUS NOTICE SENT ON 04/13/2012 SENT TO ATTY HARROW AND,DEFENDANT 04/20/2012 Party(s): LOUEEN LOVELY MOTION - MOTION FOR SANCTIONS FILED ON 04/19/2012 Plaintiff's Attorney: SETH HARROW MOTION FOR SANCTIONS AGAINST DEFENDANT 05/16/2012 HEARING - PRETRIAL/STATUS HELD ON 05/09/2012 Plaintiff's Attorney: SETH HARROW AND DEFENDANT APPEARED PRO SE 05/16/2012 ORDER - COURT ORDER ENTERED ON 05/09/2012 ANN MURRAY , JUSTICE COURT FINDINGS OR RULINGS: THE ENTRY WILL BE: 1. MR. PIERSON HAS BEEN SELECTED AS THE MEDIATOR. MR. HARROW WILL CONTACT MR. PIERSON AND ASK FOR JULY, 2012 ADR DATES AND COMMUNICATE THOSE DATES TO THE DEFENDANT. DEFENDANT SHALL RESPOND TO MR. HARROW ABOUT THE DATE WITHIN 5 DAYS; MR. CROCKER SHALL BE PREPARED TO PAY 1/2 OF THE MR. PIERSON'S FEE; 2. DEFENDANT TO RESPOND TO THE REQUEST FOR PRODUCTION OF DOCUMENTS #1,2 & 14 AND INTERROGATORIES 9,10,16 AND 17 WITHIN 15 DAYS AND SHALL RESPOND TO THE REMAINING PRO AND INTERROGATORIES BY JULY 6,2012 3. DEFENDANT INDICATES HE WILL BE HIRING AN ATTORNREY WITHIN APPROXIMATELY 5 WEEKS. 4. CLERK TO SET THE MOTION FOR SANCTIONS IN AUGUST 2012. 5-16-12 COPY SENT TO ATTY HARROW AND DEFENDANT 06/11/2012 Party(s): LOUEEN LOVELY DISCOVERY FILING- RULE 26(G) LETTER FILED ON 06/06/2012 Plaintiff's Attorney: SETH HARROW 06/13/2012 HEARING- 26(G) CONFERENCE SCHEDULED FOR 06/29/2012 at 08:00a.m. 06/13/2012 HEARING- 26(G) CONFERENCE NOTICE SENT ON 06/13/2012 SENT TO ATTY HARROW AND DEFENDANT 07/09/2012 HEARING- 26(G) CONFERENCE HELD ON 06/29/2012 ANN MURRAY , JUSTICE 07/09/2012 ORDER- 26(G) ORDER ENTERED ON 06/29/2012 ANN MURRAY , JUSTICE COURT FINDINGS OR RULINGS: THE ENTRY WILL BE: DEFENDANT SHALL DO ALL OF THE FOLLOWING OR A DEFAULT SHALL ENTER AGAINST HIM: 1. ANSWER INTERROGATORIES 1,2 & 14 AND PRODUCE DOCUMENTS IN RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS 9,10,16 & 17 NO LATER THAN 7/20/12; 2. RESPOND TO ALL REMAINING INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS BY 7/27/12; 3. ATTEND MEDIATION WITH PAUL PIERSON AT 23 WATER ST., BANGOR ON 7/30/12 AT 9:00 AM- PAY 1/2 OF MEDIATION FEE. (CONT.) 7-9-12 COPY SENT TO ATTY HARROW AND DEFENDANT 07/09/2012 CASE STATUS - CASE FILE LOCATION ON 07/09/2012 ANN MURRAY , JUSTICE PENDING MOTION FOR SANTIONS Page 4 of 6 Printed on: 08/21/2012 BANSC-CV-2011-00202 DOCKET RECORD 07/23/2012 CASE STATUS - CASE FILE RETURNED ON 07/23/2012 07/23/2012 ORDER - COURT ORDER ENTERED ON 07/23/2012 ANN MURRAY , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL THE CLERK SHALL ENTER THIS DEFAULT AGAINST THE DEFENDANT UPON THE DOCKET BY REFERENCE. COPY TO DEFENDANT ON 7/25/12 07/26/2012 Party(s): LOUEEN LOVELY OTHER FILING - REQUEST FOR HEARING FILED ON 07/24/2012 BY PLAINTIFF: HEARING ON DAMAGES, TESTIMONIAL, 1 HOUR. 07/30/2012 Party(s): AROL CROCKER DBA C&R JACKING AND ORDER - DEFAULT ENTERED ON 07/23/2012 ANN MURRAY , JUSTICE 08/01/2012 HEARING- HEARING ON DAMAGES SCHEDULED FOR 08/16/2012 at 02:15p.m. 08/01/2012 HEARING - HEARING ON DAMAGES NOTICE SENT ON 08/01/2012 SENT TO ATTY HARROW AND DEFENDANT 08/21/2012 HEARING - HEARING ON DAMAGES HELD ON 08/16/2012 ANN MURRAY , JUSTICE Plaintiff's Attorney: SETH HARROW COURTROOM CLERK - KAREN SMITH. ELECTRONICALLY RECORDED TAPE #6516 TAPE #6517 (INDEX# 100-584) - DEFENDANT FAILED TO APPEAR (INDEX # 5922-6032) AND 08/21/2012 FINDING- JUDGMENT DETERMINATION ENTERED ON 08/16/2012 at 08:59a.m. ANN MURRAY , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. SENT TO ATTY HARROW AND DEFENDANT 8-21-12 COPY ORDER - DEFAULT JUDGMENT ENTERED ON 08/16/2012 at 08:59 a.m. ANN MURRAY , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. 8-21-12 COPY SENT TO ATTY HARROW AND DEFENDANT 8-21-12 COPY SENT TO OFFICE OF ATTORNEY GENERAL 8-21-12 COPY SENT TO MS. DEBORAH FIRESTONE, MAINE LAWYER'S REFERRAL; THE DONALD GARBRECHT LAW LIBRARY AND GOSS DATA SERVICES, INC Judgment entered for LOUEEN LOVELY and against AROL CROCKER DBA C&R JACKING AND in the amount of $29200.00, Attorney fee of $4145.22. PLAINTIFF AND HER ATTORNEY APPEARED AT THE 8-16-12 HEARING. DEFENDANT DID NOT APPEAR ON 8-16-12. THE COURT ACCEPTS PLAINTIFF'S TESTIMONY FROM THE DAMAGES HEARING. PLAINTIFF IS AWARDED MONETARY DAMAGES AGAINST THE DEFENDANT IN THE AMOUNT OF: $29,200.00; PLAINTIFF IS ALSO AWARDED $4145.22 AS ATTORNEYS FEES AND COSTS PURSUANT TO 5 M.R.S. SEC. 213; IN ADDITION A CIVIL PENALTY OF $1000. PURSUANT TO 10 M.R.S. SEC. 1490(2) IS ORDERED AGAINST DEFENDANT FOR THE BENEFIT OF THE PLAINTIFF. AN EXECUTION SHALL ISSUE UPON REQUEST FOR SAID AMOUNTS. 08/21/2012 FINDING - FINAL JUDGMENT CASE CLOSED ON 08/21/2012 08/21/2012 Party(s): LOUEEN LOVELY MOTION - MOTION FOR SANCTIONS MOOT ON 08/21/2012 ANN MURRAY , JUSTICE Page 5 of 6 Printed on: 08/21/2012

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