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HomeMy WebLinkAbout07-5591A F:\FILE$1Clia~tslDonege13050\Cwrent148213050.462.comwpd/JMT ' Created: I1129l03 6:24AM Revised: 9/2l/07 I O: S8AM MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES George B. Faller, Esquire I.D. No. 49813 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONNA K. JOHNSON, Plaintiff, v. MARK B. GRINDBERG and MICHAEL B. KELLEY, Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ -7 - S~S~ ~ G rvt~ CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice aze served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims set forth against you. You aze wazned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIltING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Baz Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 George B. Faller, Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff DONNA K. JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. No. 0 7' ~s 9 ~ c r~, I -f- c~M. CNIL ACTION-LAW MARK B. GRINDBERG and MICHAEL B. KELLEY, Defendants. COMPLAINT 1. Plaintiff, Donna K. Johnson, is an adult individual, residing at 333 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Mark B. Grindberg, is an adult individual residing at 103 W. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Michael B. Kelley, is an adult individual residing at 257 Parkway Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about November 3, 2006, Tracy Johnson was driving a Saturn Ion eastbound on Hogestown Road. 5. On that same date, Defendant Grindberg was driving a Lexus ES300, owned by Defendant Kelley, eastbound on Hogestown Road, directly behind Plaintiff s vehicle. 6. On that same date, as Tracy Johnson came to a stop at the intersection with Mulberry Drive, Defendant Grindberg failed to reduce his speed and struck the rear end of Plaintiff s vehicle. 7. As a result of the collision, Plaintiff incurred damages in the amount of $11,309.48 ($14,185.98 value of vehicle minus salvage of $2,876.50). A true and correct copy of the repair estimates are attached hereto as Exhibit "A." 8. Upon information and belief, neither Defendant Grindberg nor Defendant Kelley maintained automobile insurance as required by Pennsylvania law. ('OUNT I -NEGLIGENT ENTRUSTMENT Donna K. Johnson v. Michael B. Kellev 9. Paragraphs 1 through 8 are incorporated herein by reference as if fully set forth below. 10. Defendant Kelley knew or should have known that any individual operating his vehicle was driving without insurance. 11. Defendant Kelley negligently entrusted Defendant Grindberg with his Lexus ES300. 12. Defendant Kelley's negligent entrustment was the direct and proximate cause of the damage to Plaintiff s Saturn. 13. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. 14. As a result of Defendant Kelley's failure to maintain insurance, Plaintiffhas incurred a financial loss. WHEREFORE, Plaintiff demands judgment against Defendant Kelley in the amount of $11,309.48, plus costs, interest, and any other relief that the court deems appropriate. COUNT II -NEGLIGENCE Donna K. Johnson v. Mark B. Grindberg . 15. Paragraphs 1 through 14 are incorporated herein by reference as if fully set forth below. 16. The collision was caused as a result of the negligence, recklessness, and carelessness of Defendant in that he, among other things: a. operated the vehicle in a careless, reckless, and negligent manner; b. failed to properly operate and control the vehicle; c. failed to keep a proper look out; d. failed to use due care under the circumstances; e. failed to apply his brakes in sufficient time to avoid colliding with Plaintiff's vehicle; f. operated the vehicle in disregard of the rules of the road, the ordinances ofthe local municipality and the laws of the Commonwealth of Pennsylvania, including, but not limited to, the Motor Vehicle Code. 17. At all times material hereto, Tracy Johnson acted with due care and was not contributorily negligent. 18. Defendant's negligence was the direct and proximate cause of Plaintiffls damages. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $11,309.48, plus costs, interest, and any other relief the court deems proper. MARTSON LAW OFFICES By George .Fall Esqu I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 24, 2007 ~~ 0.f(YCLFD YAPER «1 RF(Y(].VLE En~,b~+~ Claim: Autosource valuation 2006 Saturn Ion 2 4D Sedan AS Request: 18491373 PAF30435787211030601101 rAiudarex Autosource Valuation • seas ra~nwer Jack Chiara Donegal Companies Marietta Branch 1195 River Road Marietta PA 17547 Claimant Insured Johnson, Donna Claim PAF30435787211030601101 Loss Date 11 /03/2006 Loss Type Collision Policy PAF3043578 Other VIN 1G8AJ55F16Z188540 Decodes as 2006 Saturn Ion 2 4D Sedan Accuracy Decodes Correctly History Activity was reported o Autosource activity: (NONE). o Autotrak activity: (NONE). o Audatex/Estimating activity: Reported by DONEGAL COMPANIES - iV1ARRIETTA on November 6, 2006. Call them regarding Claim: PAF30435787211030601. DOL:11/03/2008 with a primary impact point of Not Available. o Sales history activity: (NONE) No Vehicles Advertised at (717) 790-5489 No Vehicles Advertised at (717) 439-9079 See N.A.D.A See Valuation Autosource/ Value Section Detail Section N.A.D.A. Base Price $12,825 $12,415 $12,620 Engine Transmission Odometer 275 740 508 Equipment 450 60 255 Value Before Adjustments ;13,560 113,215 513,383 Value Before Condition Adjs. 513,215 513,383 Suggested Total Condition Adj. 0 0 513,215 513,383 The market value displayed may not Version: 1 General Sales Tax 6.000% $802.98 Title Fee ~ransferFee~ • Page: 1 11!08106 07:39 Exhibit "A" Claim: Autosource Valuation 2006 Saturn Ion 2 4D Sedan AS Request: 18491373 PAF30435787211030601101 reflect the activity detected by VINSOURCE and/or NICB research. Please contact client services at 1-800-351-3133 for review. Deductible ~ j / ; Salvage/Other ~- The TYPICAL VEHICLE represents the average mileage, condition, equipment level and estimated selling price of a vehicle of the same year, make, model, doors, edition, body and fuel type as the LOSS VEHICLE and is representative of the market area. CitylState Hampden, PA Hampden, PA Price $12,415 $12,415 Year 2006 2006 Make Saturn Saturn Model Ion Ion Edition 2 2 Door 4D 4D Body Sedan Sedan Drive 2WD 2WD Engine 4 Cylinder 2.2 Engine 4 Cylinder 2.2 Engine 0 Transmission 4 Speed Automatic 4 Speed Automatic 0 Color Not Applicable Not Specified Odometer 14,848 Mi(Typical) 4,294 Mi(Actual) 740 ~~~, Convenience Options Automatic Dimming Mirror 0 Air Conditioning Air Conditioning Floor Mats 60 Cruise Control Cruise Control Rear Window Defroster Rear Window Defroster Tilt Steering Wheel Tilt Steering Wheel Rem Trunk-UGate Release Rem Trunk-UGate Release Other Optional Equipment Dual Airbags Dual Airbags Tachometer Tachometer Intermittent Wipers Intermittent Wipers Keyless Entry System 0 Lighted Entry System Lighted Entry System Center Console Center Console OnStar System OnStar System Halogen Headlights Halogen Headlights Tinted Glass Tinted Glass Power Accessories Power Steering Power Steering Power Windows Power Windows Power Brakes Power Brakes Power Door Locks Power Door Locks Power Mirrors Power Mirrors Radio/Phone/Alarm Options Compact Disc Player Compact Disc Player Version: 1 Page: 2 11/08!06 07:39 Claim: PAF30435787211030601101 Autosource Valuation 2006 Saturn Ion 2 4D Sedan AS Request: 18491373 Theft Deterrent System Theft Deterrent System Seat Options Velour/Cloth Seats Velour/Cloth Seats Bucket Seats Bucket Seats -~~_ seats ~ooa Carpets Good Int Trim Good Glass Good Headliner Good .~®~ Body Good Paint Good Ext Trim Good ~~~ Engine Well Maintained Transmission Well Maintained ~~~~~ Front Tires Good Rear Tires Good ''The market value displayed may not reflect the activity detected by VINSOURCE andlor NICB research. Please contact Client Services at 1-800-351-3133 for review. ~ooo Good Good Good Good Average Good Good Good Average Well Maintained Well Maintained Average Good Good Total Condition Adiustrnents 0 General Sales Tax * 6.000% 792.90 Title Fee Transfer Fee Deductible _. Net Adjusted Value Salvage/Other' - * Special tax calculation rules apply to vehicle sales in this jurisdiction (such as limits, caps, exemptions, etc.) **N.A.D.A. Vehicle Description: 2006 SATURN lon-4 Cyl. Sedan 4D Ion-2 N.A.D.A. values are as of November, 2006 from the Eastern Edition. Base Value $12,825 Mechanical Engine $0 Transmission $0 Equipment Cruise Control 225 Power Windows 225 Equipment Subtotal $450 Autosource Value Before Condition Adjustments 13,215 Version: 1 Page: 3 11/08/06 07:39 Claim: Autosource Valuation 2006 Saturn Ion 2 4D Sedan AS Request: 18491373 PAF30435787211030601101 Mileage: 4,284 Mi $275 $13,550 These current N.A.D.A. values are furnished under license from NADASC. All values Copyright ©NADASC 2006. The values in the N.A.D.A. guide assume a vehicle in clean condition. Appropriate deductions should be made to put a vehicle in salable condition. Special Note on Older Vehicles: N.A.D.A.'s editors believe that most optional equipment has little or no value on older vehicles. This is especially true of options that cost relatively little to begin with and which deteriorate with age or use. o Adjustments of Special Note No special adjustments were made for this vehicle. o Information provided by Donegal Companies Loss vehicle description was provided by Donegal Compa nies All values are in U.S. dollars. o Autosource Valauation Process ~ Over 2,000,000 vehicles are entered weekly into the data base used for researching this value. This database includes dealer inspected, dealer inventory, dealer advertised, phone verified and advertised private party vehicles. n The originating search area for this valuation was Hampden, Pennsylvania. n The VIN decoded correctly. ~ The tax was calculated based on a date of loss of 11/03/2006 using zip 17050, in Hampden, Pennsylvania . The city may vary from search area to reflect correct tax location. Engine Options Transmission Options 4 Cylinder 2.2 Engine STD 5 Speed Manual STD * 4 Speed Automatic $900 Other Optional Equipment Convenience Options Anti-lock Brakes $400 Air Conditioning $960 * Center Console STD * Automatic Dimming Mirror * Dual Airbags STD * Cruise Control TYP Head Airbags $395 * Rear Window Defroster STD * Halogen Headlights STD * Floor Mats $80 * Intermittent Wipers STD * Rem Trunk-L/Gate Release STD * Keyless Entry System * Tilt Steering Wheel STD * Lighted Entry System STD RadiolPhonelAlarm Options ' OnStar System STD Alarm System Rear Spoiler $275 * Compact Disc Player STD * Tachometer STD AMlFM In-dash CD Changer $460 Traction Control System MP3 Player $220 * Tinted Glass STD * Theft Deterrent System STD Power Accessories XM Satellite Radio $325 * Power Brakes * Power Door Locks * Power Mirrors * Power Steering * Power Windows STD Seat Options STD Bucket Seats TYP * Velour/Cloth Seats STD Roof Options TYP Power Moonroof STD STD $725 Wheel Options Version: 1 Page: 4 11 /08/06 07:39 Claim: Autosource Valuation 2006 Saturn Ion 2 4D Sedan AS Request: 18491373 PAF30435787211030601101 Aluminum/Alloy Wheels $440 Option Packages Advanced Audio System $290 Preferred Package $875 Includes Alarm System, Cruise Control, Keyless Entry System, Power Mirrors, Power Windows Travel Package $200 Includes Map Lights; Auto Dimming Mirror; Compass; O/S i Ci i iNCi awl a ~auyC. Base retail price $12.490 Editions available for the same body style (in order of original cost, increasing): '2, 3 * Indicates loss vehicle equipment. No recall bulletins have been issued that apply to this vehicle After your claim is settled, Autosource provides free assistance in locating your next vehicle. Your request can be submitted online 24hrs. per day at www.support.audatex.us/Autosource. Please click the Online Submission link and then click the Vehicle Locator Service Form link to complete the VLS form. Or you can call us Monday through Friday, between 8:00 AM and 5:00 PM, Pacific time at (800)351-3133, ext 7428.Our specialists will work with you to find a new or used vehicle in your area. This report contains proprietary information of Audatex and shall not be disclosed to any third party (other than the insured or claimant) without Audatex's prior written consent. If you are the insured or claimant and have questions regarding the description of your vehicle, please contact the insurance company that is handling your claim. Information within VlNsource/NICB is provided solely to identify potential duplicative claims activity. User agrees to use such information solely for lawful purposes. Tax rates contained herein are based on general sales tax data provided by Vertex Inc. Excise, use, registration, licensing and other taxes and fees that may be applicable are not included. Audatex makes no representations or warranties concerning the applicability or accuracy of such tax data. Report Generated by Audatex, a Solera Company © 2006 Audatex North America, Inc. All Rights Reserved. Version: 1 Page: 5 11!08/06 07:39 COPART AUTO AUCTIONS Da..e !/16/07 795 SIPE RD • YORK HAVEN, PA 17370 Visit us at www.copart.com PHONE (717) 938-1879 TAX ID# 94286'7490 FINAL SETTLEMENT STATEMENT Copart Lot# 11852326 127 PA - YORK HAVEN Loss Date 11/03j06 ~.aiieci lii 11/ U7/ Ub P/U Cleared 11/09/06 Pickup Date 11/13/06 Original Title 12/26/06 Trans Title 12/28/06 Sale Document 1/04/07 Loss Type COLLISION Description 06 SATU ION LEVEL GREEN Vehicl e ID# 1G8AJSSF16Z188540 License#/ST Mileage 4,294 Pickup From MILLER AND SAM'S TOWING 6980 WERTZVILLE ROAD ENOLA, PA 17025 (717) 697-9972 ADVANCE CHARGES PAID BY COPART TOW SERVICE - STORAGE TOTAL ADVANCE CHARGES . COPART SERVICE CHARGES POOLING CHARGE . TOW IN . TITLE PROCESSING. . TOTAL COPART SERVICE CHARGES. . TOTAL DUE COPART PROCEEDS FROM SALE NET PROCEEDS Lot# 11852326 Sale Date 1/15/07 Sale Amount 3650.00 ACV 13383.00 Repair Est 12929.00 Return 27.2 Cert# 63059866101 DMI2 CAP048 CHERYL HITCHENS DONEGAL MUTUAL INSURANCE CO 1195 RIVER ROAD P.O. BOX 302 MARIETTA, PA 17547 Claim# PAF304357872 Policy# PAF3043578 Loss Code Reference# Insured DONNA JOHNSON Owner JOHNSON 275.00 385.00 660.00 ,, , 48.00 57.50 Zone 04 8.00 SALVAGE CERTIFICATE 113.50 773.50 3650.000R *Bid Raised By Internet* $ 2876.50CR SALE INFORMATION Sold To 49915 STOYSTOWN AUTO WRECKERS P O BOX 240 STOYSTOWN, PA 15563 (814) 893-5418 RES# 81945093 Item# 1028 Proceeds Check# 5259030 Check Date 1/16/07 Payment From Buyer 1/15/07 Check Amount 2876.50CR USD Reported To NICB 1/15/07 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. G Donna K. Johns F:~pII,B$~ponege13050~Cucrent~482~3050.482. comwpd ~ ~~~ ~ ~. :~~- ~ ~ ~`- ~` °p O -~ _ -~ °p 1 ,-; yti t-~ ~~ C > ~ A ~ ~ ~~ o~ `~' R ',' ~c ~`` --- 0 z v SHERIFF'S RETURN - REGULAR CASE NO: 2007-05591 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON DONNA K VS GRINDBERG MARK B ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 7,, /"'~l")TTTI'lD LSD (~ MTDTI ~ the DEFENDANT at 1809:00 HOURS, on the 10th day of October 2007 at 103 W PORTLAND STREET MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff ' s Costs Docketing Service Postage Surcharge 1011 f ~~7 So Answers: 18.00 11.5 2 i -~~=""~''F .58 ~ .. 10.00 R. Thomas Kline .00 / 40.10 10/11/2007 MARTSON LAW OFFICES Sworn and Subscibed to By: before me this day of A.D. } ,~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-05591 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON DONNA K VS GRINDBERG MARK B ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KELLEY MICHAEL B the DEFENDANT at 2028:00 HOURS, on the 2nd day of October 2007 at 257 PARKWAY DRIVE CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 !~'3-~d2 ~ f 20.80 Sworn and Subscibed to before me this day of , So Answers: ~~ R. Thomas Kline 10/11/2007 MARTSON LAW OFFICES By: A.D. e .~ F: \FIL,E S\Clien[s\Donega13050\C wrent\482U 050.482. Praecipe. Dis continue. wpd Created: 03/07/00 09:48:31 AM Revised: 11/16/07 01:26:28 PM George B. Faller, Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONNA K. JOHNSON, Plaintiff, v. MARK B. GRINDBERG and MICHAEL B. KELLEY, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-5591 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. M ON LAW O S BY ~ ~/,! George B!Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff November 16, 2007 -~. CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Mark B. Grindberg 103 W. Portland Street Mechanicsburg, PA 17055 Mr. Michael B. Kelley 257 Parkway Drive Carlisle, PA 17013 MARTSON LAW O ICES By Melissa A. Scholly 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 16, 2007 .~-- N ~_;." d.-. _ .C '~ S=_ '° ~ `~ ~ _'C'1 ~'t1 l f„ ^ ' " ~ " " ' -' ( i ~ i 4 ~ i ~ 'C G+J ~ ~ - j A "~ ~ ` -~~. ~