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Home My WebLink About09-4166F:\FILES\Clients\3050 Donegal\Cw ent\566\3050.566.coml/nhn Created: 9/20/04 0:06PM Revised: 6/18/09 11:37AM 3050.566 George B. Faller, Jr., 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 SEUNGGOO CHO, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA law °.r`M V. NO. 09 - '41(04 CIVIL ACTION - LAW SHANE HEISEY and RICHARD DAGOSTINO t/d/b/a DAGO CONSTRUCTION, Defendants. 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 George B. Faller, Jr., 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 SEUNGGOO CHO, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Of- W(,4 Crc?? l CIVIL ACTION - LAW SHANE HEISEY and RICHARD DAGOSTINO t/d/b/a DAGO CONSTRUCTION, Defendants. COMPLAINT 1. Plaintiff Seunggoo Cho is an adult individual residing at 124 Old School House Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant Shane Heisey is an adult individual residing at 329 East Main Street, Mount Joy, Lancaster County, Pennsylvania 17552. 3. The Defendant Dago Construction is a Pennsylvania corporation with an address of 50 North Main Street, Lancaster, Pennsylvania 17608. 4. In the alternative, Defendant Richard W. Dagostino, an adult individual residing at 121 North Market Street, Mount Joy, Lancaster County, Pennsylvania 17552, operates a sole proprietorship known as Dago Construction. 5. On or about January 9, 2008, the Plaintiff was operating a 2004 Hyundai Santa Fe with License Plate Number GRN-0190, on Cumberland Parkway heading West. 6. At the same time and place, Defendant Shane Heisey was operating a 1996 Dodge Ram owned by Dago Construction and was trying to exit a Sheetz gas station located on the north side of Cumberland Parkway. 7. Plaintiff was in the left-hand turn only lane when the vehicle owned by Defendant Dago Construction and operated by Defendant Shane Heisey pulled out of the parking lot causing a collision with Plaintiff's vehicle. 8. As a direct and proximate result of the collision, Plaintiff incurred property damage in the amount of $3,131.66. Plaintiff incurred a rental expense of $162.60 for total damages in the amount of $3,294.26. A true and correct copy of the estimate and rental invoice is attached hereto as Exhibit "A." WHEREFORE, Plaintiff demands judgment against Defendants Shane Heisey and Richard Dagostino t/d/b/a Dago Construction in the amount of $3,294.26 plus interest and costs. COUNTI Seunggoo Cho v. Shane Heisey 9. The averments of paragraphs 1 through 8 of the Complaint are hereby incorporated by reference. 10. The accident was caused solely as the result of the negligence, recklessness, and carelessness of the Defendant Shane Heisey in that: a. He pulled from the parking lot when he could not ascertain that it was safe to do so because a truck was blocking his view of the left-hand lane; b. failed to yield the right-of-way to Plaintiffs vehicle; C. improperly entered the roadway attempting to head east on Cumberland Parkway before ascertaining that it was safe or proper to do so; d. relied on being waved out by an individual that he did not know or have any reason to believe was in a position to determine that it was safe to do so; e. failed to stop his vehicle before entering the left-hand westbound lane of Cumberland Parkway. WHEREFORE, Plaintiff demands judgment against Defendant Shane Heisey in the amount of $3,294.26 plus interest and costs. COUNT II Seunggoo Cho v. Richard W. Dagostino t/d/b/a Dago Construction and Dago Construction, Inc. 11. The averments of paragraphs 1 through 10 of the Complaint are hereby incorporated by reference. 12. Defendant Shane Heisey was operating the vehicle within the scope of his employment for Richard W. Dagostino t/d/b/a Dago Construction and/or Dago Construction, Inc. WHEREFORE, Plaintiff demands judgment against Defendant Richard W. Dagostino and Dago Construction, Inc., in the amount of $3,294.26 plus interest and costs. MARTSO.N LAW OFFICES By George B. Falle Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 18, 2009 Attorneys for Plaintiff 41 X-. PAPER CYCIABIE DONEGAL INSURANCE GROUP 1195 RIVER ROAD P.O. BOX 302 MARIETTA, PA 17547-0302 (717) 426-1931 FAX: (717) 426-7023 SUPPLEMENT 1 "• 01/15/200811:21 AM Owner _.._,...... _ ..,.,...._..._.?......, __....,.,r.._. Owner: SEUNGGOO CHO Address: 124 OLD SCHOOLHOUSE LANE Home/Day: (717)458-5625 City State Zip: MECHANICSBURG, PA 17055 _.-....._...?_._._...._._..._.____.._..._ __.....__...?....._.._., ..,....._. __?. Control Information Claim # : PAF-PA-01-08-0023068-101 Loss Date/Time: 01/09/2008 07:00 AM Deductible: $500.00 Ins. Company: Donegal Insurance Group Agent: DENISE SHEARER Address: Email: deniseshearer@donegalgroup.com Insured: SEUNGGOO CHO Address: Inspection Repairer Claim Rep: DENISE SHEARER Address: Email: deniseshearer@donegalgroup.com Inspection Date: 01111/2008 10:59 AM Inspection Location: Owner's residence Address: 124 OLD SCHOOLHOUSE LANE City State Zip: MECHANICSBURG, PA 17055 Primary Impact: Left Front Comer Driveable: Yes Assigned DatwTime: First Contact Date/Time: Appraiser Name: DONEGAL MUTUAL INSURANCE CO Contact: JACK CHIARA Address: P.O. BOX 567 City State Zip: NEW CUMBERLAND, PA 17070 Orig Appraiser Name: JACK CHIARA Address: P.O. BOX 567 City State Zip: NEW CUMBERLAND, PA 17070 Insured Policy # : PAF3077777 Loss Type: Collision Work/Day: (800)377-0600x7416 Home/Day: (717)458-5625 Work/Day: (800)877-0600x7416 Inspection Type: Field Contact: Home/Day: (717)458-5625x Secondary Impact: Rental Assisted: Received Date/Time: 01/11/2008 01:30 PM Appointment Date/Time: 01/15/2008 08:00 AM Appraiser License # : 416512 Work/Day: (717)737-5757 FAX: (717)737-7501 Appraiser License # : 416512 Work/Day: (717)737-5757 FAX: (717)737-7501 Repairer: SPANKEY'S Contact: Address: 701 EAST LOCUST ST Work/Day: (717)697-3102 City State Zip: MECHANICSBURG, PA 17055 FAX: (717)591-0224 License 0: Regulation ID: 232131896 Target Complete Datelrime: Days To Repair: 7 Remarks ALL SUPPLEMENTAL DAMAGE MUST BE APPROVED BY THE APPRAISER DENT IN LT FT DOOR IS NON ACCIDENT RELATED 02/0512008 04:48 PM Page 1 of 5 Exhibit "A" 2004 Hyundai Santa Fe GLS 4 DR Wagon 01l5I2008 1121 AM ClWmil PAF-PA-01-08-002 3068-101 Vehicle 2004 Hyundai Santa Fe GLS 4 DR Wagon 6cyl Gasoline 2.7 4 Speed Automatic Lic.Plate: GRN-0190 Lie Expire: Prod Date: Veh Insp# : Condition: Good Ext. Color: MERLOT RED EFFECT Ext. Refinish: Two-Stage Ext. Paint Code: RH Lie State: PA VIN: KM8SC73D54U742749 Mileage: 77,657 Mileage Type: Actual Code: E7104B Int. Color: Int. Refinish: Int. Trim Code: Options Air Conditioning Alarm System Aluminum/Alloy Wheels Bodyside Cladding Center Console Compact Disc W/Tape Cruise Control Dual Airbags Fog Lights Heated Power Mirrors Intermittent Wipers Keyless Entry System Leather Steering Wheel Lighted Entry System Monsoon Sound System Overhead Console Power Brakes Power Door Locks Power Steering Power Windows Privacy Glass Rear Window Defroster Rear Window Wiper/Washer Roof/Luggage Rack Side Airbags Skid Plates Tachometer Tilt Steering Wheel Tinted Glass Tonneau/Cargo Cover Velour/Cloth Seats 4-Wheel Drive Damages Line Op Guide MC Description MFR.Part No. Price ADJ%B % Hours R 1 E 5 Bumper,Front 8653026000 $183.11 S1 2.2 SM 2 N 18 Frt Bumper Cvr Overhau Additional Labor INC SM 3PC 6 Cover, Front Bumper Replace PXN $108 00 S1 1 2 SM Reconditioned . . » PARTS LOCATED AT KEYSTONE 1-600-524-4349 4 L 6 1 3 Cover,Front Bumper Refinish 3.7 RF 2.6 Surface 0.6 Two-stage setup 0.5 Two-stage 5 E 93 Absorber,Front Bumper 8652026900 $74.91 INC SM 6 E 10 Brkt,Front Bumper Mtg LT 8652426900 $8.88 S1 INC SM 7 E 91 Brkt,Front Bumper Mtg 8655126910 $40.16 S1 INC SM 8 E 29 Grille Assembly 8635226900 $20.06 INC SM 9 E 28 Housing,Grille 8635126902 $67.22 0.1 SM 10 L 28 Housing,Grille Refinish 0.6 RF 0.5 Surface 0.1 Two-stage 11 E 48 Brkt,Grille Mounting LT 8636126900 $3.32 S1 INC SM 12 E 7 W/Strip,Grills Upper 8635626900 $9.45 0.3 SM 13 E 20 Emblem,Grile 8635326000 $10.91 0.1 SM 14UE 41 4 6 Headlamp Assy,Halogen LT Replace OE Surplus $135.00' +25.00 INC SM » PARTS LOCATED AT LKQ 250 1-877-391-2727 EXT4. QT#298704 15 N 973 Headlamps Aim Additional Labor 0.4 SM 16EU 21 Lamp Assembly,Fog LT LIKE KIND & QUAL.PRT $65.00` +25.00 INC SM » PARTS LOCATED AT TRIPLE NICKLE 717-267-2500 QT 290806 17 1 83 Panel,Hood Repair 2.0' SM 18 L 83 Panel,Hood Refinish 3.2 RF 2.7 Surface 0.5 Two-stage » BLEND WITHIN PANEL 19 RI 40 Pad,Insulator Hood R & I Assembly 0.1 SM 20 1 97 07 Panel,Lower Red Mtg Repair 3.5` SM 21 L 97 Panel,Lower Red Mtg Refinish 0.8 RF 22 1 105 0 7 Panel_Inner Fandar LT 0.8 Surface Ranair Al 0. SM 02k52008 04,46 PM Page 2 of 5 2004 Hyundai Santa Fe GLS 4 DR Wagon Claim k : PAF-PA-01-08-0023088-101 01/1512008 11:21 AM 23 L 105 Panel, Inner Fender LT Refinish S1 0.7 RF 0.7 Surface 24 E 103 Fender,Front LT 6631126290 $156.00 1.2 SM 25 L 103 Fender,Front LT Refinish 2.9 RF 2.0 Surface 0.5 Edge 0.4 Two-stage 26 RI 14 MIdg,Fender Lower UR R & I Assembly 0.2 SM 27 E 46 Skirt,lnner Fender LT 8681126000 $62.74 INC SM 28 RI 1052 Nozzle,W/S Washer LT R S I Assembly 0.1 SM 29 RI 1053 NozzJe,W/S Washer RT R & I Assembly 0.1 SM 30 1 209 Pnl, Front Door Outer LT Repair 5.0• SM 31 L 209 Pnl,Front Door Outer LT Refinish 2.4 RF 2.0 Surface 0.4 Two-stage » BLEND WITHIN PANEL 32 RI 58 W/Strip,Bett Outer LT R & I Assembly 0.5 SM 33 RI 231 Pnl,Inner Door Trim LT R & I Assembly INC SM 34 RI 26 MIdg.Front Door Lower LT R & I Assembly 0.3 SM 35 RI 257 Tape,Front Door LT R & I Assembly 0.3 SM 36 RI 229 Mirror,Outer R/C LT R & I Assembly INC SM 37 RI 227 Handle, Front Door Otr LT R & I Assembly 0.7 SM 38 1 SET UP AND MEASURE Repair 2.0' SM 39EC CAR COVER Replace Economy $5.00' SM 40 EC FLEX Replace Economy $8.00' SM 41 EC PINSTRIPES - TAPED Replace Economy $12.00' 0.3' SM 42SB HAZARDOUS WASTE Sublet Repair $3.00' SM 43 1 COLLISION PULL Repair 2.0' FR' 43 items Mc Message 07 STRUCTURAL PART AS IDENTIFIED BY I-CAR 13 INCLUDES 0.6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE 46 PRINTABLE ALTERNATE PARTS COMPARE Estimate Total & Entries Gross Parts $636.76 OE Surplus Parts $135.00 Other Parts $198,00 Paint Materials $286.00 Line Item Markup $50.00 Parts & Material Total $1,305.76 Tax on Parts S Material @ 6.000% $78,35 Labor Rate Replace Hrs Repair Hrs Total Hrs Sheet Metal (SAM $42.00 7.7 14.9 22.6 $949.20 Mech/Elec (ME) $45.00 Frame (FR) $48.00 2.0 2.0 $96.00 Refinish (RF) $42.00 14.3 14.3 $600.60 Paint Materials $20.00 Labor Total 38.9 Hours $1,645.80 Tax on Labor @ 6.000% $98.75 Sublet Repairs $3.00 Gross Total $3,131.66 Less: Deductible $500.00- Net Total $2,631.66 Actual Supplement Total $332.67 Less: Previous Net Total $2,298.99- Net Supplement Total $332.67 Alternate Parts Y/00100100/00100 CUM 02/01100/01100 Zip Code: 17111 HARRISBURG 02N52008 0446 PM Page 3 of 5 2004 Hyundai Santa Fe GLS 4 DR Wagon 011152008 11:21 AM Gelmil PAF-PA-01-08.0023068-101 Audatex Estimating 5.0.322 S1 02105/2008 04:46 PM REL 5.0.322 DT 01/01/2008 DB 0210112008 Copyright (C) 2007 Audatex North America, Inc. 2.5 HRS WERE ADDED TO THIS ESTIMATE 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 = INNER, L = LEFT, MLD/MLDG = MOLDING, MTG = MOUNTING, OTR = OUTER, PNLS = PANELS, R/RT = RIGHT, REPL = REPLACEMENT, SUSP = SUSPENSION, W/O MLD = WHEEL OPENING MOLDING, RIC = REMOTE CONTROL, BRKT = BRACKET, LIC = LICENSE, R/F = RIGHT FRONT, R/R = RIGHT REAR, L/F = LEFT FRONT, L/R = LEFT REAR, PNL = PANEL, FT = FRONT, PXN = PARTS EXCHANGE NEW, OEM = ORIGINAL EQUIPMENT MANUFACTURER, PRT = PART, NAGS = NATIONAL ASSOCIATION OF GLASS SUPPLIER, REMAN = REMANUFACTURED, PART = PARTIAL ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. WE WILL NOT BE RESPONSIBLE FOR ANY RELATED TOWING SERVICES OR STORAGE CHARGES, KNOWN AT THE TIME OF THE APPRAISAL, AND INCURRED AFTER THE FOLLOWING DATE: .......... CHARGES INCURRED AFTER THIS DATE WILL BE THE RESPONSIBILITY OF THE CONSUMER. COSTS THAT EXCEED THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. IF YOU REQUEST, WE CAN PROVIDE YOU WITH THE NAMES OF REPAIR FACILITIES THAT WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT. THERE IS NO REQUIREMENT TO USE ANY SPECIFIED REPAIR SHOP. THIS IS NOT AN AUTHORIZATION TO REPAIR. NO SUPPLEMENTS HONORED UNLESS INSPECTED AND AUTHORIZED BY APPRAISER. IF THE APPRAISAL INCLUDES AFTERMARKET CRASH PARTS, THE AFTERMARKET CRASH PART SHALL HAVE A WARRANTY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY ON THE PART BEING REPLACED. SIGNED COPY OF OUR APPRAISAL SENT TO OWNER. DATE :............................ APPRAISER SIGNATURE: Op Codes = User-Entered Value E =Replace OEM NG = Replace NAGS EC = Replace Economy OE = Replace PXN OE Srpls UE = Replace OE Surplus ET = Partial Replace Labor EP = Replace PXN EU = LIKE KIND & QUAL.PRT UM 2008 04:46 PM - - Pege 4 of 5 2004 Hyundai Santa Fe GLS 4 DR Wagon 01/' 5200811:21 AM Claim PAF-PA-01-06-0020058-101 TE = Partial Replace Price PM= Replace PXN Reman/Reblt UM= Replace Reman/Rebuilt L =Refinish PC = Replace PXN Reconditioned UC = Replace Reconditioned TT = Two-Tone SO = Sublet Repair N = Additional Labor BR = Blend Refinish I = Repair IT = Partial Repair CG= Chipguard RI = R & I Assembly P =Check AA = Appearance Allowance RP = Related Prior Damage This report contains proprietary information of Audatex and may not be disclosed to any third party (other than ?? the insured, claimant and others on a need to know basis in order to effectuate the claims process) without Audatmes prior written consent. Copyright (C) 2007 Audatex North America, Inc. Audatex Estimating is a trademark of Audatex North America, Inc. U2K152UU8 04:48 PM Pape 5 of 5 - AEkTZ Insurance Replacement System - Invoicing Tool Page 2 of 3 INVOICE Hertz P.O. Box 268825 Oklahoma City, , OK 1-888-777-3700 Local Edition DONEGAL MUTUAL INSURANCE INVOICE NU SHEARER DENISE H68571° ACCOUNT NI RENTING LOC: 701 E LOCUST ST, MECHANICSBURG, PA, 17055 BILL START DATE: 01124/ RETURN LOC: 701 E LOCUST ST, MECHANICSBURG, PA, 17055 BILL END DATE: 01/291201 BILLING DESCRIPTION CHARGES INFORMATION CLAIM S:PAF-PA-01- MILES IN: 18110 DAYS 8 23 24 134 08002308801 POLICY S: MILES OUT: 18011 WEEKS . 131. y DATE OF LOSS:01/0912008 MILES DRV: 99 MONTHS ADJUSTER: SHEARER MILES ALW: 0 EXTRA DAY DENISE INSURED: 0 MILES CHG: EXTRA HOURS RENTER: HYOKYONG RENTED: NIL MATRIX MILES KWON P OI ???? lay ADJUSTMENT SUBTOTAL DISCOUNT SUBTOTAL SERVICE CHARGE JAR FUEL & SERVICE ?U1 CH G 13£.YV 13£ qq LDW 59., US MISC/ADDTL CHGS PAUPEC SALES TAX 8% OTHER TAX SURCHARGE STATE SURCHARGE CUSTOMER PAID AMOUNT DUE 15.' ?u 12 17 1 (D64. $1 FOR PROPER CREDIT PLEASE REFERENCE THE INVOICE NUMBER ON YOUR F "PAYMENT IS DUE UPON RECEIPT * REMIT TO: TAX ID# 131938568 INVOICE C 01/24/2008 1( HERTZ LOCAL EDITION INVOICE NU ATTN: HLE INSURANCE - DEPT 1139 P.O. BOX 121139 H68571 DALLAS, TX 75312-1139 AMOUNTI $162.60 THANK YOU FOR CHOOSING HERTZ LOCAL EDITION r. ?? cr> 4 Pay Invoice Now 0 Place in Invoice Queue Comments: THANK YOU! https://www.rent-cars.com/HIRS-Universal/invoice.asp?id=3753503 SELECT REJE 00 1/29/2008 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 unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. A M Seunggoo Cho F:`FILES\Cfiatts\Donegal 3050\Currenl\566\3050.566.com I p c? ._," ..r,. L 2009 JUN 13 P ; 2: 5 9 V78-9o Po Ar-4 CK* aI au4 zr# aa(04o8