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HomeMy WebLinkAbout07-5903F?\FI LES\Clients\Donegal3050\Current\484\3050.484. com l Created: 9/20/04 0.06PM Revised: 10/4/07 1:38PM 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 Plaintiffs RAFAEL COLLADO and DALIA COLLADO, Plaintiffs, V. ROBERT MYERS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 5'9 D 3 c lv 1 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 are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned 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 HIRING 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 .. 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 Plaintiffs RAFAEL COLLADO and IN THE COURT OF COMMON PLEAS OF DALIA COLLADO, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007- S5 0 3 c ? CIVIL ACTION-LAW ROBERT MYERS, Defendant. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Rafael and Dalia Collado are adult individuals residing at 975 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Robert Myers, is an adult individual residing at 504 North George Street, York, York County, Pennsylvania 17404. 3. On or about October 23, 2006, Plaintiff, Rafael Collado, was operating his 1999 Honda Civic southbound on Interstate-83. 4. On that same date, Defendant was operating a 2006 Nissan Titan truck southbound on Interstate-83. 5. At the time of the motor vehicle accident giving rise to this action, Defendant was fleeing police from Swatara and Lower Swatara Townships, and while doing so, Defendant crashed into the rear of Plaintiffs' vehicle and continued on without stopping. 6. As a result of the collision, Plaintiffs incurred damages in the amount of $845.28. A true and correct copy of the documentation is attached hereto as Exhibit "A." 7. The collision was caused as a result of the negligence, recklessness, and carelessness of Defendant in that he, among other things: a. operated his vehicle in a careless, reckless, and negligent manner; b. failed to properly operate and control his 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 striking Plaintiffs' vehicle; f, operated the vehicle in disregard of the rules of the road, the ordinances of the local municipality and the laws of the Commonwealth of Pennsylvania, including, but not limited to, the Motor Vehicle Code. 8. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. 9. Defendant's negligence was the direct and proximate cause of Plaintiffs' damages. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $845.28, plus costs, interest, and any other relief that the court deems appropriate. MARTSON LAW OFFICES G GG?G By J,,,, Trudy E. a finger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: IOJLAI0-) Attorneys for Plaintiffs iJ 0.REC1C RLE 11. AftAP(R Page 1 of 5 i 11 DONEGAL COMPANIES 1195 RIVER ROAD P.O. BOX 302 MARIETTA, PA 17547-0302 (717) 426-1931 FAX: (717) 426-7023 CD LOG NO 912 -0 DATE 10-26-06 ESTIMATE CLAIM INFORMATION CLAIM # PAA30001968010230601I01 POLICY # PAA3000196 COMPANY . DONEGAL MUTUAL INSURANCE GROUP CLAIM REP CHEVAUX, ANGELA FAX WORK PH# (800) 877-0600 INSURED COLLADO, RAFAEL & DALIA LOSS DATE 10-23-06 CLAIMANT LOSS TYPE COLLISION LOSS PAYEE AMERICAN HONDA FINANCE ACCT # 5562 INSPECTION TYPE FIELD PRIMARY POI REAR END CENTER SECOND POI APPRAISER NAME JACK CHIARA LICENSE # 416512 WORK PHONE (717) 737-5757 FAX (717) 737-7501 ADDRESS P.O. BOX 567 INSP DATE 10-25-06 CITY STATE NEW CUMBERLAND PA LOCATION OWNER'S RESIDENCE ZIP 17070- CITY STATE LEMOYNE OWNER REPAIR COLLADO, RAFAEL & DALIA 975 HUMMEL AVE LEMOYNE PA 17043- SHOP PHONE (717) 761-6501 WORK#(717) 579-0601 HOME#(717) 761-6501 REPAIR 2 DAYS FAX VEHICLE 1999 HONDA CIVIC EX 4 DR SEDAN 4CYL GASOLINE 1.6 VTEC OPTIONS TWO-STAGE - EXTERIOR SURFACES ANTI-LOCK BRAKE SYSTEM CRUISE CONTROL POWER DOOR LOCKS MOONROOF CANADA BUILT VEHICLE BODY COLOR BLUE CCNDITlCN GOOD LICENSE i? FOE-3416 TWO-STAGE - INTERIOR SURFACES AIR CONDITIONING REMOTE KEYLESS ENTRY SYSTEM ELEC REMOTE CONTROL MIRRCRS POTTER WINDOWS AUTOMATIC TRAILS MILEAGE 86,734 VIN 2HGEJ8641XH53637G CODE H,_1 25 - l - PA Exhibit "A" https:, %wwNv.audatexsolutions.con?/SearchVieNv/AttacllmentsiFB 193EFD5CE84229ABA03491... 10,26/2006 Page 2 of 5 1999 HONDA CIVIC EX 4 DR SEDAN DATE 10-26-C6 CLAIM # PAA30001968010230601I01 LOG 912 -0 REMARKS: OP CODES: * = USER-ENTERED VALUE E = REPLACE OEM NG = REPLACE NAGS EC = REPLACE ECONOMY UE = OE SURPLUS UC = RECONDITIONED PRT UM = REMAN/REBUILT PRT EU = LIKE KIND & QUAL.PRT EP = REPLACE PXN OE = PXN OE SRPLS PC = PXN RECONDITIONED PM = PXN REMAN/REBU ILT TE = PARTL REPL PRICE ET = PARTL REPL LABOR IT = PARTIAL REPAIR I = REPAIR L = REFINISH BR = BLEND REFINISH TT = TWO-TONE CG = CHIPGUARD SB = SUBLET N = ADDITIONAL LABOR RI = R&I ASSEMBLY P = CHECK AA = APPEAR ALLOWANCE RP = RELATED PRIOR UP = UNRELATED PRIOR OP -- GDE MC DESCRIPTION --- -- ----------- MFR.PART NO. - - PRICE AJ% Bt HOURS R I 0479 DECK LID ASSEMBLY - - -------- REPAIR ----- --- -- - ---- - 1.0*1 >>TIME IS TO ALIGN I 0509 PANEL,REAR BODY REPAIR 1.0*1 L 0509 10 PANEL,REAR BODY REFINISH 0.7*4 0.5* SURFACE 0.2 TWO-STAGE RI 0533 TAILLAMP ASSEMBLY,O LT R&I ASSEMBLY 0.3 1 RI 0534 TAILLAMP ASSEMBLY,O RT R&I ASSEMBLY 0.3 1 EU 0566 BUMPER ASSEMBLY,REAR LIKE KIND & QUAL. 3 00.00* +25 INC 1 >>PARTS LOCATED AT AUMILLERS HALIFAX 717-896-3994 QUOTE #78489 N 0629 REAR BUMPER R&I ADDITIONAL LABOR 1.0 1 L 0566 COVER,REAR BUMPER REFINISH 3.5 4 2.4 SURFACE 0.6 TWO-STAGE SETUP 0.5 TWO-STAGE EC FLEX REPLACE ECONOMY 8.00* 1* SB HAZARDOUS WASTE SUBLET 3.00* 1* 10 ITEMS MC MESSAGE 10 INCLUDES AUDATEX TIME TO CLEAR ENTIRE PANEL. FINAL CALCULATIONS & ENTRIES PARTS ?31%CSZ PARTS CE SURPLUS PARTS PAINT MATERIAL $ 614 LINE ITEMS $ 5. 0 PARTS & MATERIAL TOTAL !6 0 TAX CN PARTS & %1t:TERIi-_L 6 . 0 C c °s 3 . ? _2_ hltps:/'xN New.audatexsolutions.com/SearcllVie?v,'Attachments/FI3193EFD5CER4229ABA03491... 10,261/2006 Page 3 of 5 1999 HONDA CIVIC EX 4 DR SEDAN CLAIM # PAA30001968010230601I01 LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL $ 42.00 0.6 3.0 $ 2-MECH/ELEC $ 45.00 3-FRAME $ 48.00 4-REFINISH $ 42.00 4.2 $ 5-PAINT $ 20.00 LABOR TOTAL TAX ON LABOR 9 6.000% SUBLET REPAIRS TOWING STORAGE GROSS TOTAL LESS: DEDUCTIBLE NET TOTAL 151.20 176.40 DATE 10-26-06 LOG 912 -0 $ 327.60 $ 19.66 $ 3.00 $ 845.28 $ 250.00- $ 595.28 PXN Y/00/00/00/00/00 CUM 00/00/00/00/00 GEOCODE: 17111 HARRISBURG AUDATEX PENPRO W0412 ES LOG912 -0 10-26-06 08:26:21 REL 4.12.15 DT 10/06 (C) 1993 - 2006 AUDATEX NORTH AMERICA, INC. 1.3 HRS WERE ADDED TO THIS EST. BASED ON AUDATEX'S TWO-STAGE REFINISH FORMULA. ABBREVIATION LEGEND: LKQ = LIKE KIND IN QUALITY, A/M = AFTERMARKET, RECOND = RECONDITION, O;'H= OVERHAUL, REPL = REPLACE, RPR = REPAIR, REFN = REFINISH, SECT = SECTION, R & I = REMOVE AND INSTALL, ALGN = ALIGN, SUBL = SUBLET, BLND = BLEND, ASSY= ASSEMBLY, FRNT, FRT = FRONT, HL/H,'LAMP = HEADLAMP, INR = IPDIER, L = LEFT, 1LD, MLDG = MCLDIP7r, "dTG = MOUNTING, CTR = OUTER, PNLS = P:.:IELS, F; RT = R1:3HT F.EFL = F_EPLACEMENT, ..,SP _ SI.JY -?.i, 1',= r1',= - r 1?51 ;HEEL , - REMOTE CCNTRCL, ERKT = EFACKET, Li--- = LICENSE, R;F RIGHT F CNT, P_R RIGHT FARTS EXCHANGE NEW, CEM = ORISiNAL E,:= IVIENT :-T, ?IUFACTURER EFT = PART NA S , NATIONAL ASSCCIATICN OF GLASS SUPPLIER, REMAN = REM.ANUFACTURED, , G PART = PARTIAL ANY PERSON ,vHO KTICWINGLY i?:ND WITH INTENT TO DEFRAUD ARTY INS?JRANCE CCMPa_NY CR OTHER PERSON FILES ;Z APPLICATICII FCR INSUR,;%_NCE OR STATEMENT CF CLAI1%1 CONTAINING ANY MATERIALLY FALSE LNFCRMATION CR CONCEALS FOR THE FL'RPCSE OF MISLEADING, INFCRMATION CCNCERNING ANY FACT MATERIAL -LHERETC _-CMMITS A https:-iwNvw.aLidateXsolutions.com/Seai-chViewiAttachnieiits/FB 193EFD5CE84229ABA03491,.. 10/26/2006 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we 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 we make knowingly false averments, we may be subject to criminal penalties. Rafae Coll do Dalia Collado F: \FILES\Clients\Donega13050\Current\484\3050.484. coml t., o lz. 'l?b- c IS7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05903 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND .-COLLADO RAFAEL ET AL VS MYERS ROBERT R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT we??nnn n?nr.+nm to wit: but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 7th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer, Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas K"fine Dep York County 20.94 Sheriff of Cumberland County Postage 1.33 59.27 11/07/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTIN)CTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LME 1 THM 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 3. DEFENDANT/S/ Rafael Collado et al z b(nffcivil Robert Myers 4. T rt IJr "Ml 1 Vn l•vmr- 1 Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Robert Myers 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO,., CITY, BOR TWP, ST TE AND ZIP CODE) AT rgr?PA 17404 ©?2 L? 7. INDICATE SERVICE' ? PERSONAL ? PERSON IN CHARGE )CMDEPUTIZE -1 CERT MAIL U 1 ST CLASS MAIL U POSTED -I OTHER NOW hor 9 , 20 07 I, SHERIFF NTY, PA, doh by deputize t e eriff of York COUNTY to execute this return ther rding to law. This deputization being made at the request and risk of the plaintiff. f SHERIFF OF V! UNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEW OF COUNTY Cwnberland ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Clunberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURT R U D Y E . F E H L I N G E R , E S 1.0. TELEPHONE NUMBER II DATE FILED 10 EAST HIGH STREET, CARLISLE, PA 17013 717-243-3341 10-8-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF'S -- SPACE BELOW FOR USE OF THE SFERFF - DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 110-11-07 111-7-2007 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1 19. Date of Service 1 20 Time of Service 21. ATTEMPTS Date Time Miles Int. Date Time Miles Int Date Time Miles Int Date J Time Miles Int. Date Time Miles Int Date Time Miles Int. 22. REMARKS: DEPUTY SPOKE TO HOMEOWNER WHO STATED HE MOVED OUT 1 YEAR AGO. 23. Advance Costs 21. Service Costs 25. NIF 26. Milea a 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 3Costs 33 Costs Due efund Check No 100.00 1 9 . oo o 1-94 1 16, g 5. 0 CY, 20041 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mdeage/Poslage/Not Found 39. Total Costs 40 Costs Due or Refund ? h SO ANSWERS F 41. AFFIRMED and sub ?,?e ":jNs ?_ V_ 0 ' TF 44. Signature of 45. GATE 42. day Dep. Sheriff -- P? ?`Yf¢ i S TM NOTARY 46. Signature of York 47. GATE l1Cp L " n` ,?It 3 n (n County Sheriff , 4"00 117/24/07 William Psi Hose Sh 1 _ 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I D1. UAI It KtI.tIVtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheni fs Office L- cio ?C. C'.! C--D rm•ti::n