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HomeMy WebLinkAbout11-5762F:\FILES\C1ients\3050 Donegal\Current\655\3050.655.complaintl Revised: 6/20/ 11 3 05PM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED-0I F'CE ', & FALL9kTNF F9 ,N, Nst Tl"? ? 1 J' J 2?311 J UL 19 ?:1JMBERL?? G?:.`PtTY -Y LVA N' MARY MARGARET DOWLING, Plaintiff V. JERRIES MITCHELL and HARRISBURG CITY CAB, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. l?' S7GrZ ?[u??,? 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 S /77 e? ?v a y?3 #-aL may George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY MARGARET DOWLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL ACTION - LAW JERRIES MITCHELL and : HARRISBURG CITY CAB, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is Mary Margaret Dowling, an adult individual residing at 1922 Market Street, Harrisburg, Pennsylvania 17103. 2. Defendant is Jerries Mitchell, an adult individual residing at 3850 Derry Street, Apt. 2, Harrisburg, Pennsylvania 17111. 3. The Defendant Harrisburg City Cab is a business entity with an address located at 1601 Paxton Street, Harrisburg, Pennsylvania 17104. 4. On or about May 15, 2010, the Plaintiff Mary Margaret Dowling was operating her 1996 Subaru Impreza, traveling in the left lane of the Market Street Bridge. 5. At that time, the Defendant Jerries Mitchell was operating a Harrisburg City Cab license plate TX47049 and Cab No. LPXX21. 6. As the Plaintiff was heading toward the West Shore in the left-hand lane, the Defendant Jerries Mitchell came out of the City Island Exit and failed to keep her vehicle in the right-hand lane, striking the right side of Plaintiff s vehicle with the left side of Defendant's vehicle. 7. The accident was caused solely as a result of the negligence, recklessness and carelessness of the Defendant Jerries Mitchell in that she failed to properly yield the right-of-way to Plaintiff s vehicle, failed to properly stop at the stop sign at the exit to City Island, failed to have her vehicle under proper control to avoid striking the Plaintiffs vehicle, and failed to keep her vehicle within the proper lane of travel. 8. At the time of the accident, Jerries Mitchell was operating a taxi cab owned by Harrisburg City Cab and was acting as the agent, servant, or employee of Harrisburg City Cab. 9. As a direct and proximate result of the negligence, recklessness, and carelessness of the Defendants, Plaintiff's vehicle which had a net fair market value of $2158.18 was a total loss. (A copy of the AutoSource Valuation showing a fair market value of $2,2082.18 and the salvage check for $124.00 is hereby attached as Exhibit "A.") WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $2,158.18 plus interest and costs. MARTSQN LAW OFFICES By Ge6re?I3. Falb-;F-,Jr., I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 7/? X111 Attorneys for Plaintiffs .11111 AN I ??a?T Claim: PAE-PA-01-10- Autosource Valuation 1996 Subaru Impreza 4WD AS Request: 26945218 0131822 .. ....................... ........... 'A;udatex Autosource Valuation .sue ------------------------- -- ------------------ Jerry Farabaugh Donegal Insurance Group Marietta Branch 1195 River Road Marietta PA 17547 ---------------- ------------------- ----------------- JF1 GC4350TH513166 . ;}iees,as1996 Subaru Impreza L 4WD 4D Sedan z#oy: Decodes Correctly hfbiCt?r: No activity was reported es •s • s a• No Vehicles Advertised at (717) 236-4585 --------------- B No Branded title history found for this VIN. Processed on 05/27/10 7:51 AM. Title History is powered by Experian 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. --------------- -- ------------------ - - ------------ ------------------- - - The Autosource database contains inspected dealer inventories, dealer advertisements, phone verified vehicles, and private party advertisements from thousands of sources including automotive publications, newspapers and Web sites. Autosource uses vehicles comparable in year, make and model within the specified market area, expanding as necessary, to determine the loss vehicle's local market value. This valuation includes a representative sample of the vehicles used to calculate the typical starting price. The market search originated from Zip Code 17103, as determined by the vehicle owner's principally garaged area. Autosource located 30, 1996 Subaru Impreza vehicles which were used to determine the typical vehicle price. Adjustments have been made to the comparable vehicles for value differences in edition, doors and body style as indicated in the "Veh Adj" field. The sum of the 30 comparable vehicles is $80,420 for an average price of $2,681. The asking or actual sale price is displayed for each vehicle. If a vehicle has been sold, the sold price is displayed with an (S) indicator. The selling price may be substantially less than the asking price. In the case of this 1996 Subaru Impreza, the difference between the asking price and selling price is generally 14%. This selling price adjustment has been applied to the typical price. Additional adjustments have been made to the typical vehicle price taking into consideration the loss vehicle's mileage, equipment and condition. All adjustments are vehicle specific and reflect driving habits and condition for the vehicle's market. A mileage adjustment of 1.00 cents per mile/kilometer has been applied. Taking into consideration the vehicle specifics, the fair market value is $1,715. Version: 1 Page: 1 05127/10 07:51 Exhibit "A" Claim: PAE-PA-01-10- Autosource Valuation 1996 Subaru Impreza 4WD AS Request: 26945218 0131822 s. ... s ------------------ See N.A.D.A See Valuation Autosource/ Value Section Detail Section N.A.D.A. Eit8fRf'it $2,925 $2,305 $2,615 >QEdtBf:: -255 -128 Etdirsrh?nf. 0 0 0 I4 ?' r ?S j c tat At t i 5......i? ....... ... .............. Sflll?tl?9l' - ----------- --- r i • ¦ i Qt?t.8%1 R: Harrisburg, PA Harrisburg, PA $2,305 $2,305 Y60 1996 1996 N40#: Subaru Subaru Macw Impreza Impreza Ed l4ti' L L Dour: 4D 4D :Sedan Sedan 7ft 4WD 4WD non 4 Cylinder 2.2 Engine 4 Cylinder 2.2 Engine 0 Transmission;: 4 Speed Automatic 4 Speed Automatic 0 Color: Not Applicable HUNTER GREEN MET 0.40M 143,850 Mi(Typical) 169,128 Mi(Actual) -255 >: Air Conditioning Air Conditioning Rem Trunk-UGate Release Rem Trunk-UGate Release Rear Window Defroster Rear Window Defroster Tilt Steering Wheel Tilt Steering Wheel Otber Optional Equipment: Intermittent Wipers Intermittent Wipers Tinted Glass Tinted Glass Tachometer Tachometer Version: 1 Page: 2 05/27/10 07:51 Claim: PAE-PA-01-10- Autosource Valuation 1996 Subaru Impreza 4WD AS Request: 26945218 0131822 Rear Spoiler Rear Spoiler Dual Airbags Dual Airbags Air Dam Air Dam Povaer' AcGassor'?es Power Steering Power Steering Power Door Locks Power Door Locks Power Brakes Power Brakes Power Mirrors Power Mirrors Ffadlo/Phorrelatarrit flp?o»a AM/FM Stereo Tape _ AM/FM Stereo Tape __ `Sep{ Velour/Cloth Seats Velour/Cbth Seats Aut ,... .. Q??'? ?aq? Eie?r? ?ond??? ?!,[4?rrudn;8 2,050 Moderate Wear Moderate ear Minor Wear Minor Wear '.)rri:?'Httk Minor Damage Minor Damage Glas$: Good »:: Good :. i' Hrali. Good : Good ?? >; Moderate Damage Serious Damage -335 ?ti?: Moderate Damage Moderate Damage iExt`E'e?ttx: Minor Damage Minor Damage ?? f nj?1?3>3: Minor Wear Minor Wear 'Ctattt#tttl?ic+n, Minor Wear Minor Wear '?:?t?g#:'y'j'i???: Good Good f?e$r'l'ir?s Good Good Saisr?gtri? - ' Special tax calculation rules apply to vehicle sales in this jurisdiction (such as limits, caps, exemptions, etc.) ? a s "N.A.D.A. Vehicle Description: 1996 SUB Impreza-4 Cyl. Sedan 4D L AWD N.A.D.A. values are as of May, 2010 from the Official Older Used Car Guide, National Edition. >i V 32,925 Version: 1 Page: 3 05/27/10 07:51 Claim: PAE-PA-01-10- Autosource Valuation 1996 Subaru Impreza 4WD AS Request: 26945218 0131822 These current N.A.D.A. values are furnished under license from NADASC. All values Copyright © NADASC 2010. 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. ----------------------- ------------------- ? s o Adjustments of Special Note ° A mileage adjustment of 1.00 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 40% of the vehicle's starting value. ° 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 Harrisburg, Pennsylvania. o Other Adjustments or Comments ° The tax was calculated based on a date of loss of 05/15/2010 using zip 17103, in , County, Pennsylvania. The city may vary from search area to reflect correct tax location. o Conditioning Notes ° INTERIOR ° Seats: Slight wear. ° EXTERIOR ° Body: Large dent PHOTOS ON FILE OF LEFT SIDE DAMAGE ------ 6 > , ------------ -------------- - -- t " 4 Cylinder 2.2 Engine STD 5 Speed Manual STD 4 Speed Automatic $800 Qtxs61 Opfitina# Egl?iprertC. Cb1?tii11aGi9:QpiEft#i9 -00 Center Console $134 ' Air Conditioning STD " Dual Airbags STD Cruise Control $345 " Air Dam STD " Rear Window Defroster STD Fog Lights $238 " Rem Trunk-L/Gate Release STD Gold Package $119 " Tilt Steering Wheel STD " Intermittent Wipers STD potiviarl?isorlis- Rear Spoiler STD " Power Brakes STD " Tachometer STD " Power Door Locks STD Version: 1 Page: 4 05/27/10 07:51 &Claim: PAE-PA-01 - 10- Autosource Valuation 1996 Subaru Impreza 4WD AS Request: 26945218 0131822 • Tinted Glass STD R>ii?ral+afRh?t! ?(?E1c?n? AM/FM CD Player $495 Compact Disc Changer $495 • AM/FM Stereo Tape STD . Power Mirrors STD Power Steering STD flpitiains ; Velour/Cloth Seats STD 1 fors Aluminum/Alloy Wheels $750 $16,090 Editions available for the same body style (in order of original cost, increasing): 'L, LX ' Indicates loss vehicle equipment. .: e t No recall bulletins have been issued that apply to this vehicle Any person who knowingly and with intent to Injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000. After your claim is setded, Autosource provides free assistance in locating your next vehicle. Your request can be submitted online 24hrs. per day at www.support.audatex.us/vis.asp. 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. -- -- - - ----------------- - ------------------------------------------- - --- - ----------------- ----------- • es s s e• • s B 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 VINsource/NICE 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 © 2010 Audatex North America, Inc. All Rights Reserved. Version: 1 Page: 5 05/27/10 07:51 1' Q REMITTANCE: 6776267 e DATE: 07/02/2010 INSURANCE i AU10 AUCTIONS Remittance Payable To: Insurance Auto Auctions, Inc. Donegal Mutual Insurance Company Attn: Settlement Group 1195 River Rd 5515 Susquehanna Trail Box 302 Manchester, PA 17345 Marietta, PA 17547-0302 Phone: (717) 266-8701 Attn: Salvage Dept Fax: (717) 266-8705 E-mail: IAA,.ASAPLHaffisburg@iaai.com _ Salvage Information Account of Sale Act[witL % ACV IAA Stock # 000-06924325 Sales $250.00 11.61 IAA Branch: Harrisburg IAA Charges Fed. Tax I.D. 954455113 Consignment Flat Fee $120.00 5.57 Adjuster. Mary Mathin Tow $0.00 0.00 Insured: MARY MARGARET DOWLING Re-Run Fee $0.00 0.00 Owner: MARY MARGARET DOWLING Storage Fee $0.00 0.00 Claim #: PAE-PA-01-10-0131822 IAA - Title Processing Fee. Policy #: 9 $6.00 0.28 Vehicle: 1996 SUBARU IMPREZA Bundled Enhancement Fee $0.00 0.00 Damage: Right Side Less IAA Charges VIN: JFlGC4350THS13166 ($126.00) (5.85) ACV: $2,153.00 Net IAA Return $124.00 5.76 NICE Date:. 71212010 1 Payment Amount $124.00 5.76% Buyer Info malign DGF AUTO RECYCLING LLC 164 NORMAN ROAD Stafford, VA 22554 Resale Certificate #: 10-202771565F (PA) Dateof Evert Loss Data Ds 5/1512010 ys Assigned 612/2010 19 Released 6/3/2010 2 Pickup 6/412010 2 Title Recd 6/16/2010 13 Sale Doc. Rec'd 6/24/2010 9 Auction Date 6/3012010 7 Buyer Payment 7/1/2010 2 Remittance 712/2010 2 Elapsed Total Days: 49 VAA Doc. RP002.rA1 07/06/2010 03:37 PM F294918963 ,r' . , . 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 unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Mary garet wling FAFILES\Clients\3050 Donegal\Current\655\3050.655.complaitnl SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy f()? ??rfntl 4 14 1 1 f 4J Y W 6 "5: ??+ ?? Richard W Stewart Solicitor Mary Margaret Dowling vs. Jerries Mitchell (et al.) 2011 AUG' -S PH Z: rc4 CUMBERLAND GOU" PENNSYLVANI Case Number 2011-5762 SHERIFF'S RETURN OF SERVICE 07/20/2011 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: Jerries Mitchell, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 07/20/2011 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: Harrisburg City Cab, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 07/26/2011 12:40 PM - Dauphin County Return: And now July 26, 2011 at 1240 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harrisburg City Cab by making known unto Dwayne Petty, Manager of Harrisburg City Cab at 1601 Paxton Street, Harrisburg, Pennsylvania 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/2612011 12:40 PM - Dauphin County Return: And now July 26, 2011 at 1240 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jerries Mitchell by making known unto Dwayne Petty, adult in charge at 1601 Paxton Street, Harrisburg, Pennsylvania 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.44 August 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF -. i Coun yb m t,, Sne t lra :;ofl. Ir?r.. Harrisburg Civil Law Clinic 3605 Vartan Way Harrisburg, PA 17110 Tel. (717) 541-0320 lawclinichb(i4mail.widener.edu F lE.ED-CF3?fC:?: THE PCTfE ?'C ?? 7011 OCT -5 P, 3: " + UMSERLANU CC UN T" MARY MARGARET DOWLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 11-5762 CIVIL ACTION - LAW JERRIES MITCHELL and HARRISBURG CITY CAB, Defendants JURY TRIAL DEMANDED ANSWER Now comes the Defendant, JERIES MITCHELL by her attorneys at Widener Civil Law Clinic and answers the Complaint of the Plaintiff, MARY MARGARET DOWLING. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. At the time of the accident the Defendant's vehicle was at a complete stop At the time of the accident, the Plaintiff was driving westbound on the Market Street Bridge in the left hand lane, tried to pass the Defendant's vehicle and struck the Defendant's cab on the left hand side. The damage to the Plaintiff's 1996 Subaru Impreza was a direct result of the Plaintiff's own negligence, recklessness and carelessness in operating her vehicle. 7. Denied. This paragraph states conclusions of law to which no responsive pleading is required. To the extent that they are construed to allege facts, the same are denied pursuant to Pa. R.C.P. 1029(e). The Defendant was, at all times, operating her vehicle in a lawful manner. 8. Admitted. 9. Denied as to all statements that the damage to the Plaintiff's vehicle was a direct and proximate result of the Defendant's negligence, recklessness and carelessness. After reasonable investigation, the Defendant has insufficient evidence at this time to admit or deny the Plaintiff's valuation of the damage or fair market value of the Plaintiff s vehicle. Respectfully Submitted, Widener Civil Law Clinic By, Intern Date: J 7. Palmer Lo&ard I.D. Number 33 1 Supervisory Attorney 2 VERIFICATION I, JERIES MITCHELL, verify that I am the Defendant in the within action. I verify that to the best of my knowledge, the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 1,9 0.5-// Signature ries Mitchell, fendant 3 CERTIFICATE OF SERVICE I, Matthew Werner, a certified legal intern at Widener University Civil Law Clinic, hereby certify that a copy of the foregoing Answer was served this date by first class mail, to the following: George B. Faller, Jr. Attorney for the Plaintiff Martson Law Offices 10 East High Street Carlisle, PA 17013 Harrisburg City Cab 1601 Paxton Street Harrisburg, PA 17104 Widener Civil Law Clinic ''l I By: ?a (-Jayx' Matthew Werner Certified Legal Intern 3605 Vartan Way, 2nd Floor Harrisburg, PA 17110 Date: 4 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Y'J 27ii I` MARTSON LAW OFFICES I.D. 49813 PENIN1S`t/U: JLINIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY MARGARET DOWLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-5762 CIVIL ACTION - LAW JERRIES MITCHELL and HARRISBURG CITY CAB, Defendants JURY TRIAL DEMANDED PETITION FOR CHANGE OF VENUE 1. Plaintiff filed a Complaint in this matter on July 19, 2011. 2. The Complaint alleges that an accident occurred on the Market Street Bridge, which is in Dauphin County, Pennsylvania. 3. Defendant Jerries Mitchell has contacted Plaintiff's counsel and informally advised that she objects to the case being heard in Cumberland County. 4. For the convenience of the parties and witnesses, the Court is hereby asked to transfer venue of this case to the Dauphin County Court of Common Pleas pursuant to Pa. R.C.P. 1006 (d)(1). 5. Defendant Jerries Mitchell has requested and concurs in this request and a copy of her written concurrence is hereby attached as Exhibit "A." 6. Concurrence was requested from Harrisburg City Cab, but they have no entered an appearance,, filed any pleadings, or otherwise responded to the request for concurrence. 7. No Judge has previously been involved in this case. WHEREFORE, Plaintiff requests that this Court issue an Order transferring venue to Dauphin County at the cost of Plaintiff. MARTS LA By Q L ?`, Geo . Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1/27x'12 Attorneys for Plaintiff CERTIFICATE OF CONCURRENCE The undersigned hereby certifies that they concur to the transfer of venue of this case to Dauphin County Court of Common Pleas for the convenience of the parties and witnesses. erries Mitchell Exhibit "A" CERTIFICATE OF SERVICE 1, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Jerries Mitchell 380 Derry Street, Apt. 2 Harrisburg, PA 17111 Harrisburg City Cab 1601 Paxton Street Harrisburg, PA 17104 MARTSON LAW OFFICES By , ? ' Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1/27!12