Opinion
CIVIL ACTION, DOCKET NO. 11-202
08-16-2012
LOUEEN LOVELY, of Dexter, County of Penobscot, State of Maine, Plaintiff v. AROL CROCKER d/b/a C. &R. JACKING & GENERAL CARPENTRY, of St. Albans, County of Somerset, State of Maine, Defendant
ORDER AND JUDGMENT
FOR PLAINTIFF
The Court finds that a default was entered against the Defendant Arol Crocker, d/b/a C.&R. Jacking & General Carpentry on July 23, 2012. A damage hearing, was held on August 16, 2012
The Plaintiff 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 $1,000.00 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.
________________________
Justice, Superior Court
LOUEEN LOVELY - PLAINTIFF
Attorney for: LOUEEN LOVELY
MARVIN GLAZIER - RETAINED
VAFIADES BROUNTAS & KOMINSKY
23 WATER STREET SUITE 300
PO BOX 919
BANGOR ME 04402-0919
Attorney for: LOUEEN LOVELY
SETH HARROW - RETAINED
VAFIADES BROUNTAS & KOMINSKY
23 WATER STREET SUITE 300
PO BOX 919
BANGOR ME 04402-0919
DOCKET RECORD
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WILLIAM P LOGAN - WITHDRAWN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
15 9 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
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 1-27-12
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,
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 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 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. COPIES TO
PARTIES/COUNSEL
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
SET AND NOTIFY 04/13/2012 HEARING - PRETRIAL/STATUS SCHEDULED FOR 05/09/2012 at 08:30 a.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, 2 012 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 PRD 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 08:00 a.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
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 02:15 p.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 (INDEX # 5922-6032) AND TAPE #6 517 (INDEX # 100-584) - DEFENDANT FAILED TO APPEAR
08/21/2012 FINDING - JUDGMENT DETERMINATION 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
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