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HomeMy WebLinkAbout10-0665F:\FILES, Clients\3050 Donegal\Current\599\3050.599.complaint Created: 12/29/03 8:24AM Revised: 12610 10:29AM 3050.599 N ?.1 George B. Faller, Jr., Esquire r t I.D. No. 49813 7`11 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs AMY BARBARETTA and STEVEN BARBARETTA, Plaintiffs, V. DAVID M. GRAMM, II, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /Q -- 6wP ' e4' 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 46 ??(. a 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 Plaintiffs AMY BARBARETTA and IN THE COURT OF COMMON PLEAS OF STEVEN BARBARETTA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. CIVIL ACTION - LAW DAVID M. GRAMM, II, Defendant. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Amy Barbaretta and Steven Barbaretta, are adult individuals residing at 1014 Chelmsford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, David M. Gramm, II, is an adult individual residing at 850 Bower Road, Shermans Dale, Perry County, Pennsylvania 17090. 3. On or about June 16, 2009, Plaintiff Amy Barbaretta was operating her 2008 Mercedes Benz ML 350 exiting Route 81 at the Mechanicsburg exit. 4. At the time she was exiting Route 81, the traffic signal was red and, therefore, she came to a complete stop to wait for the light to change. 5. When the traffic light changed, Plaintiff Amy Barbaretta began to make a left turn when she noticed a large pick up truck coming at her at a high rate of speed. 6. When Plaintiff Amy Barbaretta realized the pick up truck was not going to stop at his red light, she attempted to accelerate to get out of the way, but his left front end hit the driver's side rear of her vehicle between the back door and the bumper. 7. As the direct and proximate result of the collision, Plaintiffs' vehicle which had a value of $44,255.00 was a total loss. The vehicle, however, was able to be salvaged and sold for parts for $20,929.06, resulting in a net loss of $23,325.94. A copy of the repair estimate is attached hereto as Exhibit "A." 8. The collision was caused solely as the result of the negligence, recklessness, and carelessness of the Defendant David Gramm, II, in that he: a. failed to stop his vehicle for a red traffic signal; and, b. failed to properly operate and control his vehicle to avoid striking Plaintiffs' vehicle. WHEREFORE, Plaintiffs demand judgment against Defendant David Gramm, II, in the amount of $23,325.94, plus costs, interest, and any other relief that the court deems appropriate. MARTSON LAW OFFICES By George B. Faller, Jr., Esqu I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 26, 2010 Attorneys for Plaintiffs Claim: PAA-PA-01-09- Autosource Valuation 2008 Mercedes-Benz ML350 4WD 0084984 AS Request: 24970681 Audalfex a O "•Q0i'9°°Y Jack Chiara Donegal Insurance Group Marietta Branch 1195 River Road Marietta PA 17547 ---. Autosource Valuation tii#aE 4JGBB86E68A396800 t?ecndee a 2008 Mercedes-Benz ML350 STD 4WD 4D Wagon racy' Decodes Correctly 410W..> No activity was reported The telephone number given for the owner: (717) 691-3333 is that of a registered automobile dealer. No Vehicles Advertised at (717) 728-9302 No Branded title history found for this VIN. Processed on 06/18/09 11:46 AM. Title History is powered by Experlan AutoCheck. The Experian data contained in this report involves the conveyance of information provided to Experian by other sources. Accordingly, neither Experian nor Audatex can, or will, be an insurer or guarantor of the accuracy or reliability of the Experian data. See N.A.D.A See Valuation Autosource/ Value Section Detail Section N.A.D.A. $>tSOi • .... $37,950 $37,849 $37,900 frnglti;s Trat?smt Q04F: 1,400 720 1,060 gpieri 2,175 3,145 2 660 11firBefOfS it6 1112iT18 $41,525 $41,714 , :41,620 t{aElue Eke€?ars Caridlori Ails ; ::. • ., $41,714 $41,620 -`. ...:::' ......:'.: :::*?.??$.#d?'??f;3?.? #ti? ftd?: . • 130 • $41,750 Geiaerat Safes 7ax.; % Version: 1 Page: 1 06/18/09 11:46 Exhibit "A" Autosource, an independent company has been chosen by Donegal Insurance Group, to assist in -------------- establishing the fair market value for your total loss vehicle. Your loss vehicle was inspected and/or described to Autosource by a trained representative. Autosource has evaluated all aspects of your vehicle, as well as those identified by the Vehicle Identification Number (VIN) or known to be standard for the vehicle. If anything has been overlooked please contact Donegal Insurance Group for updates. The fair market value is determined by comparing the total loss vehicle to other similar vehicles in the market that have been recently offered for sale or sold. Autosource inputs nationally over 3,400,000 vehicle records into the database weekly. The database contains inspected dealer inventories, dealer advertised, phone verified and private party advertisements from more than 10,000 sources including automotive publications, newspapers and Web sites. Both dealer and private party vehicles are indicated under type. Autosource requires a minimum sample size of comparable vehicles in order to provide a statistically valid value. Autosource will locate comparable vehicles within the local market Identical to the same year, make, model and with similar attributes and characteristics of the total loss vehicle, then expands as necessary to validate the vehicle's local market value. The following comparable vehicles represent vehicles that have been recently offered for sale in the marketplace and were used in the calculation of the selling price. The local market search originated from Zip Code 17050, as determined by the vehicle owner's principally garaged area. Due to vehicle availability Autosource searched the state to obtain a valid sample size of 2008 Mercedes-Benz ML350 vehicles. The price listed for the vehicles is the asking price. Taking into account vehicle sales trends and market fluctuations, the selling price may be substantially less. The sum of the 33 comparable vehicles is $1,301,069 for an average price of $39,426. In establishing the fair market value, unadvertized vehicle attributes and differences in edition, doors, body style and asking versus selling price are taken into consideration. Autosource analyzes over 250,000 surveyed and Inspected dealer and private vehicles per month to determine the difference between the asking and selling specific to the vehicle year, price and state. The difference between the asking price and selling for the 2008 Mercedes-Benz ML350 is 4%. Further adjustments have been made to the typical vehicle price, taking into consideration the total loss vehicle's mileage, equipment and condition. All adjustments are vehicle specific and reflect local driving conditions. Autosource's typical mileage is based on a minimum of 250 vehicles, establishing the expected mileage driven specific to the state, vehicle year and category of vehicle. A mileage adjustment of 7.50 cents per mile has been applied. Autosource considers more than 700 equipment items including standard, optional, dealer installed and aftermarket equipment. Ongoing research ensures that new equipment items are taken into consideration. Autosource vehicle condition adjustments are designed to reflect the impact that the pre-loss condition has on the vehicle's fair market value. Taking into consideration all of the loss vehicle specifics, the fair market value is $41,750 as listed under the Total Condition Adjusted Market Value on the Valuation Detail page. C*StM Mechanicsburg, PA Mechanicsburg, PA $37,849 $37,849 X.88 e: 2008 2008 Mahe. Mercedes-Benz Mercedes-Benz Mod@f ML350 ML350 >rditb P. STD STD Poi, 4D 4D Wagon Wagon giNO 4WD 4WD 'qiJ$ Not Applicable Not Applicable Version: 1 Page: 2 06/18/09 11:46 Claim: PAA-PA-01-09- Autosource Valuation 2008 Mercedes-Benz ML350 4WD 0084984 AS Request: 24970681 Typical Vehicle Ei+glft 6 Cylinder 3.5 Engine Loss Vollicl- e 6 Cylinder 3.5 Engine , Transmissild 7-Speed Automatic 7-Speed Automatic 0 Code' Not Applicable PEWTER SILVER 0 Eto'r 19,620 Mi(Typical) 10,032 MI(Actual) 720 Automatic Dimming Mirror Dual Air Conditionin 9 Dual Air Conditioning 0 Tire Pressure Monitor Tire Pressure Monitor Trunk/Cargo Organizer 0 Strg Wheel Radio Control Strg Wheel Radio Control Dual Zone Auto A/C Dual Zone Auto A/C Cargo/Trunk Liner 115 Cruise Control Cruise Control Cargo/Trunk Net 30 Garage Door Opener Garage Door Opener Rear Window Defroster Rear Window Defroster Floor Mats Floor Mats Rear Climate Control A/C 0 Tilt Steering Wheel Tilt Steering Wheel Rain-Sensing W/S Wipers Rain-Sensing W/S Wipers Rem Trunk-UGate Release Rem Trunk-UGate Release Rear View Camera Rear View Camera Other Optional Nuo.me, at Center Console Center Console Xenon Headlamps 0 Trip Computer Trip Computer Intermittent Wipers Intermittent Wipers Keyless Entry System Keyless Entry System Lighted Entry System Lighted Entry System Rear Spoiler Rear Spoiler Emergency S.O.S. System Emergency S.O.S. System Navigation System Navigation System "Overhead Console Overhead Console Rear Window Wiper/Washer Rear Window Wiper/Washer Tonneau/Cargo Cover Tonneau/Cargo Cover Headlight Washers 0 Head Airbags Head Airbags Rear Side Airbags Rear Side Airbags Rear Heater Rear Heater Fog Lights Fog Lights Roof/Luggage Rack Roof/Luggage Rack Privacy Glass Privacy Glass Wood Interior Trim Wood Interior Trim Electronic Transfer Case Electronic Transfer Case Dual Airbags Dual Airbags Tinted Glass Tinted Glass Traction Control System Traction Control System Tachometer Tachometer Version: 1 Page: 3 06/1810911:46 Claim: PAA-PA-01-09- Autosource Valuation 2008 Mercedes-Benz ML350 4WD 0084984 AS Request: 24970681 Leather Steering Wheel Leather Steering Wheel Anti-lock Brakes Anti-lock Brakes Stability Cntrl Suspensn Stability Cntrl Suspensn Side Airbags Side Airbags Power Accessorie;Y Power Brakes Power Brakes Heated Power Mirrors Heated Power Mirrors Power Steering Power Steering Pwr Tilt/Tele. Str Wheel 0 Power Windows Power Windows Power Door Locks Power Door Locks Power Liftgate Power Liftgate Dual Power Seats Dual Power Seats R7dip/PhonelAlarm OptiOng Sirius Satellite Radio Sirius Satellite Radio Rear Seat Audio Controls Rear Seat Audio Controls Alarm System Alarm System Theft Deterrent System Theft Deterrent System Harman Kardon Sound Sys Harman Kardon Sound Sys AM/FM CD Player AM/FM In-dash CD Changer 320 Roof Om* Power Moonroof Power Moon roof Seat Opbgns Memory Seats 0 Heated Front Seats Heated Front Seats Bucket Seats Bucket Seats Leather Seats Leather Seats WhW 000M.: Aluminum/Alloy Wheels Aluminum/Alloy Wheels .Packages: Ambient Lighting 0 Premium I Package 2,680 AttC??Jtt 1idr$ CodlcmA0tmenl 41,714 Seats Good Good Cf Good Good Int 4MO Good Good Glace: Good Good Ht#fNtar: Good Good ivt(y; Good Good ft-t t Good Good xlCa>#: Good Good i flgin6 Well Maintained Well Maintained rttsmfsslr3n Well Maintained Well Maintained Claim: PAA-PA-01-09- Autosource Valuation 2008 Mercedes-Benz ML350 4WD 0084984 AS Request: 24970681 -N.A.D.A. Vehicle Description: 2008 MB M Class Utility 4D ML350 4WD N.A.D.A. values are as of June, 2009 from the Eastern Edition. Iiilse'Value $37,950 M9Chanlcaf Engine. Transmilwoll $0 Equipment ; Rear Air Conditiorfing Harman Karddn:StettSo: 575 navigation Sy5tetlti? 1175 Luggage Rack, 75 Eulpmerit Subtotal $2,175 $1,400 These current N.A.D.A. values are furnished under license from NADASC. All values Copyright* NADASC 2009. 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 Insurance Group ° Loss vehicle description was provided by Donegal Insurance Group ° All values are in U.S. dollars. o Autosource Valuation Process ° Over 3,400,000 vehicles are entered weekly into the database used for researching this value. This database includes dealer inspected, dealer Inventory, dealer advertised, phone verified and advertised private party vehicles. ° The originating search area for this valuation was Mechanicsburg, Pennsylvania. ° The market area identified has multiple tax jurisdictions. Autosource was unable to identify which county or city was applicable to the total loss vehicle. However, special tax calculation rules apply to vehicle sales in this jurisdiction (such as limits, caps, exemptions, etc.) and Autosource was able to correctly establish the tax amount of $2,511 o Other Adjustments or Comments ° A mileage adjustment of 7.50 cents per mile/kilometer has been applied. This adjustment is based on the vehicle year, vehicle category and market area. Mileage adjustments are capped at 400/a of the vehicle's starting value. Version: 1 Page: 5 06/16/0911:46 Claim: PAA-PA-01-09- Autosource Valuation 2008 Mercedes-Benz ML350 4WD 0084984 AS Request: 24970681 Ett?ii Qpdti?n ylinder 3.5 Engine STD Ot11?r ?tlbtlz3E ?gii?tlekr? :: * Anti-lock Brakes STD Auto Adjust Suspension Aluminum Trim * Center Console STD " Dual Airbags STD * Electronic Transfer Case STD ' Fog Lights STD Grille Guard $830 ' Head Airbags STD ' Headlight Washers Heated Steering Wheel ' Intermittent Wipers STD * Keyless Entry System STD ' Lighted Entry System STD ' Leather Steering Wheel STD Leather/Wood Steer Wheel Metallic Paint $710 * Navigation System TYP * Overhead Console STD ' Privacy Glass STD " Roof/Luggage Rack STD Rear Entertainment Systm $1,250 ' Rear Heater STD Running Boards $510 * Rear Side Airbags STD * Rear Window Wiper/Washer STD * Side Airbags STD ` Stability Cntrl Suspensn STD Skid Plates Steering Linked Headimps ' Emergency S.O.S. System STD ' Rear Spoiler STD Side Steps $990 ` Tachometer STD " Trip Computer STD " Traction Control System STD " Tonneau/Cargo Cover STD ' Tinted Glass STD Camper/Towing Package $510 Trailer Hitch Wheel Locks $89 ' Wood Interior Trim STD ` Xenon Headlamps F1'?o1?t+ii?ki??t ()ptlttretg 7 -Speed Automatic STD C:ol,t?nat Iit,?ts " Automatic Dimming Mirror * Cargo/Trunk Liner $160 ' Cruise Control STD " Cargo/Trunk Net $45 ' Dual Air Conditioning STD " Rear Window Defroster STD ' Dual Zone Auto A/C STD " Floor Mats STD ' Garage Door Opener STD Intelligent Cruise Cntrl $2,200 Parking Assist System $770 ' Rear Climate Control A/C ' Rain-Sensing W/S Wipers TYP ' Rem Trunk-UGate Release STD ' Rear View Camera TYP " Strg Wheel Radio Control STD " Trunk/Cargo Organizer ' Tire Pressure Monitor STD ' Tilt Steering Wheel STD pI I , - esr s les ' Heated Power Mirrors STD ' Dual Power Seats TYP ' Power Brakes STD " Power Door Locks STD ' Power Liftgate TYP ' Power Steering STD " Pwr TiIVTele. Str Wheel * Power Windows STD aaa?????? aptE?ons . ' Alarm System STD AM/FM CD Player STD ' Harman Kardon Sound Sys TYP * AM/FM In-dash CD Changer $450 IPOD Control $375 " Rear Seat Audio Controls TYP " Sirius Satellite Radio TYP ' Theft Deterrent System STD Se$t!t?ti01 ' Bucket Seats STD " Heated Front Seats $710 Heated Frnt & Rear Seats " Leather Seats TYP ' Memory Seats Sport Seats Version: 1 Page: 6 06/18/09 11:46 Claim: PAA-PA-01-09- Autosource Valuation 2008 Mercedes-Benz ML350 4WD 0084984 AS Request: 24970681 Power Moonroof STD Vinyl Seats Vlff Qp>Mg STD Aluminum/Alloy Wheels STD. 4ptbti:RlCItQS#; Air Suspension Aluminum Interior Trim ' Ambient Lighting Appearance Package $510 Includes Sport Seats, Aluminum Interior Trim Ambient Heating Package , Lighting, Alcantara Upholstery Illuminated Door Sills $1,370 Includes Heated Steering Wheel, Heated Frnt & Rear Seats $550 Interior Appearance Pkg. Keyless Go $510 Includes Aluminum Trim, Sport Seats, Interior Ambient Light $1,110 Leather Package $1,975 Includes Leather Seats, Leather/Wood Steer Wheel Interior " Premium I Package $3,750 , Ambient Light Includes Harman Kardon Sound Sys, Navigation System , Power Liftgate, Rear Seat Audio Controls, Rain-Sensing W/S Wipers, Rear View Camera, Sirius Satellite Radio Premium II Package , Hands-Free Communication System $5,650 Includes Automatic Dimming Mirror, Dual Power Seats, Headlight Washers, Harman Kardon Sound S s M y , emory Seats, Navigation System, Power Liftgate, Power Moonroof , Pwr Tilt/Tele. Str Wheel, Rear Seat Audio Controls Rain- , Sensing W/S Wipers, Rear View Camera, Skid Plates, Steering Linked Headlm s Si i P p , r us Satellite Radio, Xenon Headlamps, Hands-Free Communication System remium III Package $8,600 Includes Automatic Dimming Mirror, Auto Adjust Suspension, Cargo/Trunk Net, Dual Power Seats, Headlight Washers, Harman Kardon Sound Sys, Memory Seats, Navigation System, Power Liftgate Pwr Tilt/T l , e e. Str Wheel, Rear Climate Control A/C, Rear Seat Audio Controls Rain- , Sensing W/S Wipers, Rear View Camera, Skid Plates, Steering Linked Headlmps, Sirius Satellite Radio , Trunk/Cargo Organizer, Xenon Headlamps, Air Suspension Voice Control System , Hands-Free Communication System $510 RstiSn re ..?sIE $44,425 Editions available for the same body style (in order of original cost, increasing): "STD, Edition 10 Indicates loss vehicle equipment. ----------------- Naft Highway Traffic Safety Admin (US) has issued a total of 3 recall bulletins that may apply to this vehicle. ?KII 08V242000 ti te?1WeEi1.06/02/08 Quantity AffeCft?t# 52,740 ©efec# Mercedes-Benz is recalling 52,740 MY 2006-2008 GL and ML Class vehicles equipped with Flex- N-Gate trailer hitch. Some of the weld seams connecting the trailer hitch receiver to the attachment bar used to secure the trailer hitch to the body frame do not meet performance specifications. This may result in the trailer hitch receiver separating from the attachment bar, creating a road hazard which may lead to a vehicle crash. The trailer hitch must not be used for any purpose until it has been repaired. Version: 1 Page: 7 06/18/09 11:46 REMITTANCE: 5599591 DATE: 08/14/2009 INSURANCE AUTO AUMONS Remittance Payable To: Insurance Auto Auctions, Inc. Donegal Mutual Insurance Company Attn: Settlement Group 1195 River Rd 15369 Dunnings Hwy Box 302 East Freedom, PA 16637 Marietta, PA 17547-0302 Phone: (814) 695-4776 Attn: Salvage Dept Fax: (814) 695-3116 E-mail: IAA_ASAP_AJtoona@iaal.com SalvaonFormation Account of Sala law o IAA Stock # 000-05702898 L ?. A Sales - $21,750.00' 52.10 10 --IAA-Branch=- Mar.rIsbur.?g--._______--. - IAA Charges Fed. Tax I.D. 954455113 Consignment Flat Fee $120.00 Adjuster: Jami Zimmerman 029 Insured: STEVEN & AMY BARBARETTA Tow $0.00 0.00 Owner: STEVEN & AMY BARBARETTA Advance Chg Service Fee $0.00 0.00 Claim #: PAA-PA-01-09-00s4984 , Re-Run Fee $0.00 0.00 Policy #: Storage Fee $0,00 0.00 Vehicle: 2008 MERCEDES43ENZ ML350 IAA - Title Processing Fee $6.00 0.01 Damage: Rear Bundled Enhancement Fee $0.00 0,00 VIN: 4JGBB86E68A396800 ACV: $41,750.00 Less IAA Charges ($126.00) (0.30) NIC8 Date: 8/94/2009 Net IAA Return $21,624.00 51.79 Outside Charges Advanced Administrative Fee $300.00 0.72 Advance Tow - - $394.94 0.95 Less Outside Charges ($694.94) (1.66) Buyer Information Payment Amount $20,929.08 50.13x16 Marlo's Auto Sales, Inc. 6600 F Essirigion-Avenue - _- Philadelphia, PA 19153 Resale Certificate #: VD025307 (PA) ElsRud Doss Analyllig Oaf Evert: onto_ Loss 6/16/2009 Assigned 7/712009 22 Released 7/9/2009 3 Pickup 7/9/2009 1 Title Rec'd 7/1712009 9 Sale Doc. Recd 7123/2009 7 Auction Date 8/12/2009 21 l Buyer Payment N/A 0 Remittance 8/14/2009 3 Elapsed Total Days: 60 M Doc. RPW2.ro 08121/200910:14 AM E5C85_15266 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. ea Amy Bar Steven Barbaretta F:. FILES,CkmIs\.3050 Donegal\Currcnt?5993050.599.complaint SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy s14V0'tr a? uu?tF?f G FILED-r)t RCE 0F T'rl4 F f?D I? z, ,TA,RY 2010 f EB -8 Pik 12: Q 1 Edward L Schorpp Solicitor Amy Barbaretta vs. David M. Gramm, II Cli?v1;•:13 ty P?V,i r? r 4v! 1, `?:N, Case Number 2010-665 SHERIFF'S RETURN OF SERVICE 01/27/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: David M. Gramm II, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 02/02/2010 10:40 AM - Perry County Return: And now February 2, 2010 at 1040 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David M. Gramm II by making known unto himself personally, at The Perry County Sheriffs Office, P.O. BOX 6, New Bloomfield, PA 17068 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 February 04, 2010 SO R ANDERSON, SHERIFF C countysulto Snentf. IeeoSot Inc. _ _*FILES\Ctients\3050 DonegaPCurrent\599\3050.599.pral Created: 9/20/04 0:06PM Revised: 3/5/ 10 10:55AM 3050.599 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 Plaintiffs FILED-?,?r?;F )r THE F 7 fi-i' >?'OTRRY 2010FEAR -8 PM 2: 52 r-LI n.1,C,?f.,,r h AMY BARBARETTA and IN THE COURT OF COMMON PLEAS OF STEVEN BARBARETTA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. DAVID M. GRAMM, II, Defendant. NO. 10-665 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. MARTSON LAW OFFICES By George . ller, Jr., Esquir I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 5, 2010 Attorneys for Plaintiffs ,r CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe to Settle, Discontinue and End was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. David M. Gramm, II 850 Bower Road Shermans Dale, PA 17090 MARTSON LAW OFFICES By: q)(?' 0, J- ? "VN Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 5, 2010