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Home My WebLink About10-0712 N C7 t; . ? George B. Faller, Jr., Esquire ; -? I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ; MARTSON LAW OFFICES - = ' 10 East High Street r` Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:',F1LFS\CGonts\3050 DonegallCtarent\590\3050.590.cotnl/nhn Created: 9/20/04 0:06PM Revised: 1 /6/ 10 1:40PM 3050.590 FRATERNAL ORDER OF EAGLES 2226, Plaintiff V. ELAINE HOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IG- 71a 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, Pennsylvania 17013 Telephone (717) 249-3166 ,d. -#9a -'V Ito as ray 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 FRATERNAL ORDER OF IN THE COURT OF COMMON PLEAS OF EAGLES 2226, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. ct'" V. CIVIL ACTION - LAW ELAINE HOCK, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Fraternal Order of Eagles 2226, is a Pennsylvania Fraternal organization with an address located at 427 Mengus Mill Road, Littlestown, Adams County, Pennsylvania 17340. 2. Defendant, Elaine Hock, is an adult individual residing at 1334 Kiner Blvd., Carlisle, Cumberland County, Pennsylvania 17015. 3. On or about April 21, 2009, Kevin M. Hamer was operating a 2007 Chevrolet Venture that was owned by the Plaintiff and was headed in a westerly direction on Basehoar School Road. 4. As he was driving down the roadway, a tree that was located on the property owned by the Defendant fell on the Plaintiff's vehicle. 5. The tree was located on property owned by the Defendant. 6. The tree, at the time it fell, was clearly diseased and dying. 7. At the time the tree fell, the Defendant knew or should have known through the exercise of reasonable care, including even a cursory or visual inspection, the tree posed a dangerous condition since it was located immediately adjacent to a well-traveled roadway. 8. As a direct and proximate result of the negligence of the Defendant in failing to properly or adequately inspect or remove the dangerous diseased tree, Plaintiff's vehicle was damaged in the amount of $6,843.30. A true and correct copy is attached hereto as Exhibit "A." WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $6,843.30. By LAW OFFICES Date: //RP//Z) Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 (717) 243-3341 A RECYCLED PAPER is RECYCLABLE C,wl- ? /-+ r t GRIECO APPRAISAL SERVICE LLC 229 OLD SCHENLEY RD LEECHBURG, PA 15656 (724) 294-3073 FAX: (724) 294-3081 EMAIL: GRIECOI@SALSGIVER.COM CD LOG NO 971 -1 DATE 05-23-09 SUPPLEMENT CLAIM INFORMATION CLAIM # CA-PA-01-09-0078521 COMPANY DONEGAL INSURANCE GROUP FAX INSURED OF EAGLES 2226, FRATERNAL OR CLAIMANT FILE HNDLR GRIECO APPRAISAL SERV LOSS PAYEE INSPECTION TYPE FIELD PRIMARY POI FRONT END CENTER APPRAISER NAME NATHAN WOODWARD LICENSE # 263512 WORK PHONE (814) 625-3568 ADDRESS 302 W HUNTER RUN RD CITY STATE HOWARD ZIP 16841- OWNER REPAIR OF EAGLES 2226, FRATERNAL OR PO BOX 217 LITTLESTOWN PA 17340- ATTN DONNIE MORGRET BOB'S COLLISION REPAIR CENTER 215 M STREET LITTLESTOWN PA 17340- SHOP PHONE (717) 359-4625 WORK#(717) 359-7055 HOME# SHOP LIC# CAR IN CAR OUT REPAIR DAYS FAX (717) 359-8061 VEHICLE 2007 CHEVROLET UPLANDER LS 4 DR PASS. VAN EXTENDED 6CYL GASOLINE 3.9 OPTIONS TWO-STAGE - EXTERIOR SURFACES BODY COLOR WHITE CONDITION GOOD LICENSE # HBH4154 LICENSE STATE PA POLICY # CLAIM REP WORK PH# LOSS DATE LOSS TYPE FILE # ACCT # SECOND POI CA-8065193 SNOKE, ADAM (800) 877-0600 04-21-09 COLLISION 0423760 0004379 FAX (814) 625-9392 INSP DATE 04-23-09 PA LOCATION BOBS COLLISION REPA CITY STATE LITTLESTOWN PA OVERHEAD CONSOLE MILEAGE 36,088 VIN 1GNDV23107D161638 CODE U653 VEH INSP # -1- Exhibit "A" A 2007 CHEVROLET UPLANDER LS 4 DR PASS. VAN EXTENDED CLAIM # CA-PA-01-09-0078521 DATE 05-23-09 LOG 971 -1 REMARKS: DTR 04-23-09, DTC04-23-09, ERT 8 DAYS, EDT 7 DAYS, DRVN, DI 04-24-09, ESTIMATE MAILED TO OWNER, FAXED TO SHOP. THIS LINE WILL REPRESENT THE ELECTRONIC SIGNATURE OF THIS ESTIMATE BY NATHAN WOODWARD LIC 263512 OP CODES: * = USER-ENTERED VALUE E EC = REPLACE ECONOMY = REPLACE OEM NG = REPLACE NAGS UE UM = REMAN/REBUILT PRT EU = OE SURPLUS = LIKE KIND & QUAL PRT UC = RECONDITIONED PRT E OE = PXN OE SRPLS PC T . = PXN RECONDITIONED P = REPLACE PM = PXN REMA PXN N/REBUILT E = PARTL REPL PRICE ET I = REPAIR = PARTL REPL LABOR IT = PARTIAL REPAIR L TT = TWO-TONE CG = REFINISH = CHIPGUARD BR = BLEND RE FINISH N = ADDITIONAL LABOR RI = R&I ASSEMBLY SB = SUBLET P = CHECK AA = APPEAR ALLOWANCE RP = RELATED PRIOR UP = UNRELATE D PRIOR O P GDE MC DESCRIPTION -- --- -- ----------- MFR.PART NO. ------- PRICE AJ% B% HOURS R ----- EU 0002 SECTION,FRT BODY OTR LIKE KIND & QUAL. 1,750.00* +25 ----- --- -- ----- 4 3 - 1 . »LKQ 250 1-800-334-9811 QUOTE # 1956899. MORE COST EFFECTIVE LKQ FRONT >>TO GET ALL THE CLIPS AND PANELS NEEDED L 0002 SECTION,FRT BODY OT R REFINISH 8.6 SURFACE 10.9 4 0.6 TWO-STAGE SETUP E 1150 BULB,PARKLAMP 1.7 TWO-STAGE RT 10351662 GM PART 6 72 I 0083 PANEL,HOOD REPAIR . INC 1 >>HOOD IS NOT INCLUDED WITH FRONT CLIP 2.0 *1 L 0083 PANEL,HOOD REFINISH 2.4 SURFACE 2.6 4 E 1460 BAFFLE,RADIATOR 0.2 T- LT 15 2067510 GMAPART 35 85 E 1461 BAFFLE,RADIATOR RT 15109333 GM PART . 35.89 0.2 S1 0 2 1 1 E 0115 BRKT,SIDE MEMBER RT 15221229 GM PART 31.52 . 2 4 1 0115 BRKT,SIDE MEMBER RT REFINISH . RI 0117 SKIRT,INNER FENDER LT R&I ASSEMBLY INC 4 RI 0118 SKIRT,INNER FENDER RT R&I ASSEMBLY INC 1 I 0141 07 SIDE MEMBER ASSEMBL RT REPAIR INC 1 L 0141 SIDE MEMBER ASSEMBL RT REFINISH 1.0* 1 0.7 SURFACE 0.7 4 RI 0891 HORN,LOW NOTE R&I ASSEMBLY 0 1 1 N 0941 SUSP ALIGN,4 WHEEL ADDITIONAL LABOR 89.95* . 0 0* 2 E 0715 END,TIE ROD INNER R/F 15221006 GM PART 118.56 . 3 1 2 >>CALLED NAPA MORE COST EFFECTIVE WITH OEM . E 0868 MODULE,AIRBAG CONTROL 25867636 GM PART 294.49 0 6 2 E 0878 AIRBAG,STEERING WHEEL 25946585 GM PART 799.86 . 0 3 2 E 1990 01 SEATBELT,FRONT 89024296 GM PART 112.29* . S1 1 >>PART PRICE INCREASE E 0661 01 BUCKLE,FRT SEATBELT LT 19207306 GM PART 73.51 0 2 1 E 0662 01 BUCKLE,FRT SEATBELT RT 19207306 GM PART 73.51 . S1 0.2 1 -2- . 2007 CHEVROLET UPLANDER LS 4 DR PASS. VAN EXTENDED DATE 05-23-09 CLAIM # CA-PA-01-09-0078521 LOG 971 -1 E 0692 0 1 SEATBELT,FRONT RT 19177164 GM PART 163 17 S1 1 RI >>AIRBAG SYSTEM DIAG DETERMINE 0265 D RT BELT AND BUCKLE . .1 NEED REPLACED 1 MLDG,ROCKER PANEL LT R&I ASSEMBLY RI 0266 MLDG,ROCKER PANEL RT R&I ASSEMBLY 0.3 1 BR 0209 PNL,FRONT DOOR OUTE LT BLEND REFINISH 0.3 1 1.1 BLEND 1.1 4 INC TWO-STAGE BR 0210 PNL,FRONT DOOR OUTE RT BLEND REFINISH 1.1 BLEND 1.1 4 TWO- AGE C RI 0267 W/STRIP,BELT OUTER LT R&I ASS EMBLY RI 0268 W/STRIP, BELT OUTER RT R&I ASSEMBLY 0.2 1 RI 0239 W/STRIP,FRT DOOR GL LT R&I ASSEMBLY 0.2 1 RI 0240 W/STRIP,FRT DOOR GL RT R&I ASSEMBLY 0.2 1 RI 0231 PNL,INNER DOOR TRIM LT R&I ASSEMBLY 0.2 1 RI 0232 PNL,INNER DOOR TRIM RT R&I ASSEMBLY INC 1 RI 0261 MLDG,FRONT DOOR LOW LT R&I ASSEMBLY INC 1 RI 0262 MLDG,FRONT DOOR LOW RT R&I ASSEMBLY 0.4 1 RI 0229 MIRROR,OUTER R/C LT R&I ASSEMBLY 0.4 1 RI 0230 MIRROR,OUTER R/C RT R&I ASSEMBLY 0.3 1 RI 0227 HANDLE,FRONT DOOR 0 LT R&I ASSEMBLY 0.3 1 RI 0228 HANDLE,FRONT DOOR 0 RT R&I ASSEMBLY 1.8 1 EC M01 FLEX ADDITIVE REPLACE ECONOMY 6 00* 1.8 * E M13 WHEEL BALANCE REPLACE OEM . 20.00* 1 1 >>SPIN BALANCE RT AND LT FRO NT WHEELS N M60 HAZARDOUS WASTE REMOVA ADDITIONAL LABOR 3.00* 1 N COVER CAR EXTERIOR ADDITIONAL LABOR 3.00* 1* I DISCONNECT BATTERY REPAIR 0 5* 1* >>RESET ELECTRONICS . I SYSTEM DIAGNOSIS REPAIR SB PROGRAM SRS MODULE SUBLET 63.40* 1.0* S1 2* 2* SB TRANSPORTATION SUBLET 44.00* Sl 1* >>TIME TO TRANSPORT TO DEALER F OR SRS DIAGNOSIS 4 6 ITEMS MC MESSAGE 01 CALL DEALER FOR EXACT PART # / PRICE 07 STRUCTURAL PART AS IDENTIFIED BY I-CAR FINAL CALCULATIONS & ENTRIES PARTS GROSS PARTS $ 1,765.37 OE SURPLUS PARTS OTHER PARTS $ 1,851.95 PAINT MATERIAL $ 360.80 ADJUSTMENTS DISCOUNT MARKUP LINE ITEMS $ 437.50 -3- '2007 CHEVROLET UPLANDER LS 4 DR PASS. VAN EXTENDED CLAIM # CA-PA-01-09-0078521 DATE 05-23-09 LOG 971 -1 PARTS & MATERIAL TOTAL TAX ON PARTS & MATERIAL @ 6 000% $ 4,415.62 . $ 264.94 LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL $ 44.00 15.1 3.5 $ 81 8 40 2-MECH/ELEC $ 55.00 4.0 1.0 $ 27 . 5 00 3-FRAME $ 44.00 . 4-REFINISH $ 44.00 16.4 $ 72 5-PAINT $ 22.00 1.60 LABOR TOTAL TAX ON LABOR @ 6 000% $ 1,815.00 SUBLET REPAIRS . $ 108.90 TAX ON SUBLET @ 6.000% $ $ 107.40 6 TOWING .44 STORAGE $ 125.00 GROSS TOTAL LESS: DEDUCTIBLE $ 6,843.30 $ 250.00- NET TOTAL $ 6,593.30 LESS: PREVIOUS NET TOTAL $ 6,098.30- NET SUPPLEMENT TOTAL $ 495.00 PXN Y/00/00/00/00/00 CUM 00/00/00/00/00 GEOCODE: 15656 PENNSYLVANIA PXS NO AUDATEX PENPRO W0412 S1 LOG971 -1 05-23-09 09:07:38 REL 4.12.30 DT 04/09 (C) 1993 - 2007 AUDATEX NORTH AMERICA, INC. 2.5 HRS WERE ADDED TO THIS EST. BASED ON AUDATEX'S TWO-STAGE REFINISH FORMULA. ESTIMATE CALCULATED USING THE 2.5 HOUR MAXIMUM ALLOWANCE FOR TWO-STAGE REFINISH OF NON-FLEX, EXTERIOR SURFACES. ABBREVIATION LEGEND: LKQ = LIKE KIND IN QUALITY, A/M = AFTERMARKET, RECOND = RECONDITION, 0/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 = -4- 2007 CHEVROLET UPLANDER LS 4 DR PASS. VAN EXTENDED CLAIM # CA-PA-01-09-0078521 DATE 05-23-09 LOG 971 -1 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: -5- *** SUPPLEMENT RECONCILIATION *** CD LOG NO 971 -1 SUPPLEMENT S1 CLAIM # FILE # CA-PA-01-09-0078521 0423760 POLICY # CA-8065193 INSURED OF EAGLES 2226, FRATERNAL FILE HNDLR INSP DATE GRIECO APPRAISAL SERV 04 2 OWNER VEHICLE OF EAGLES 2226, FRATERNAL 2007 CHEVROLET APPRAISER - 3-09 NATHAN WOODWARD UPLANDER LS 4 DR PASS. VAN EXTENDED GDE PART 0662 BUCKLE,FRT SEATBELT 0692 SEATBELT,FRONT PROGRAM SRS MODULE TRANSPORTATION 1461 BAFFLE,RADIATOR ADDED LINES OPERATION RT REPLACE OEM RT REPLACE OEM SUBLET SUBLET RT REPLACE OEM CHANGED LINES OPERATION REPLACE OEM PRICE AJ% B% LABOR RATE S1 73.51 0.2 SM S1 163.17 1.1 SM S1 63.40* S1 44.00* S1 35.89 0.2 SM GDE PART 1990 SEATBELT,FRONT CALCULATION CHANGES GROSS PARTS TAX ON PARTS & MATERIAL SM - SHEET METAL TAX ON LABOR SUBLET REPAIRS TAX ON SUBLET SUPP 1 NET TOTAL PRICE AJ% B% LABOR RATE S1 112.29* SM 91.28 SM FROM 1 471 79 TO DIFFERENCE , . 6.000% 247.32 6.000% 1,765.37 264.94 293.58+ 17 62+ 44.00 752.40 6.000% 104 94 44.00 818.40 . 66.00+ . 6.000% 108.90 3.96+ 6.000 6 000% 107.40 6 107.40+ . .44 6.44+ SUMMARY NET TOTAL DATE TIME ORIG EST 6,098.30 04-28-09 9:11 AM SUPP 1 495.00 05-21-09 12:19 PM 495.00+ APPRAISER NATHAN WOODWARD NATHAN WOODWARD -1- L . 0 VERIFICATION 1, 5?0,0 49 , of Fraternal Order of Eagles 2226, acknowledge I have the authority to execute this Verification on behalf of Fraternal Order of Eagles 2226 and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint 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 the content of the Complaint 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. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Fraternal Order of Eagles 2226 ?r _•- F:FILES\CGents\3050 Donegal\Current\590\3050.590.com1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~gttWiis, of '~ u u i Gr~'~~ t ~~ FILEU-~~ iCE F THE PRA ~r?-~~'~ z~1TARY ZQ10 FE8 -8 a~ I I ~ 59 cur~4:~4 ~ ~,:~~ :~;c.~~ ~'~.::~`41VS't'f iii, ~~~~~! Fraternal Order of Eagles 2226 I vs. Elaine Hock Case Number 2010-712 SHERIFF'S RETURN OF SERVICE 02/02/2010 06:55 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2010 at 1855 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elaine Hock, by making known unto Jered Hock, Husband of defendant at 1334 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.84 February 04, 2010 SO AN WERS, 1 R NY R ANDERSON, SHERIFF ]3y lle ty r' -~ t~nuniy t _r T~ ,csofit. In;;.