Was a vehicle you own or were operating non-consensually towed by Tag Towing from the parking lots located at 1709 Saw Mill Run Boulevard, Pittsburgh, PA 15210; 925 East Carson Street, Pittsburgh, PA 15203; 2401 East Carson Street, Pittsburgh, PA 15203; 20 Bailey Avenue, Pittsburgh, PA 15211; 304 Virginia Avenue, Pittsburgh, PA 15211; and 3439 W Run Road, Homestead, PA 15210 (all of the foregoing are referred to as “Parking Lots”) and if so, did you paid a fee for such tow, between September 18, 2012, and the date of the Final Approval Order and Judgment (anticipated to be October 7, 2024) and that fee was more than amount identified in the City Ordinances? If so, then a proposed class action Settlement may affect you. A group of similarly situated individuals filed the proposed class action lawsuits in 2018, alleging certain violations of the law, including that the charges exceeded the maximum set forth under the Pittsburgh Code of Ordinances for non-consensual tows from the Parking Lots. These allegations have been, are, and remain, denied. The parties have now reached a proposed settlement of the lawsuits.

The Court authorized the Notice to inform you of your rights under the proposed class action Settlement before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections and appeals are resolved, a Settlement Administrator (Analytics Consulting LLC) will make the cash payments that the Settlement allows, and the pending legal claims against CoGo’s and other Releasees will be released and dismissed.

This package explains the lawsuit, the Settlement, your rights, what benefits are available, who is eligible form them, and how to get them.

The Court in charge of the cases is the Court of Common Pleas of Allegheny County, Pennsylvania, and the cases are known as Grabovski v. Realty Income Corporation et al, 18¬012294 (Allegheny Cty. Ct. Com. Pl.) and Zimmerman et al v. Lazarevic et al, GD-18-012068 Allegheny Cty. Ct. Com. Pl.)

Plaintiffs Christopher Zimmerman, Corey Mizell, Stephanie Dawson, Mike Lewis, and Christopher Grabovski brought this class action against various parties including CoGo’s and Tag Towing, alleging that they are responsible for unlawfully towing and charging for the return or release of non-consensually towed vehicles from the Parking Lots. CoGo’s denies all of Plaintiffs’ claims.

In a class action lawsuit, one or more people called “Class Representative(s)” (in this case Christopher Zimmerman, Corey Mizell, Stephanie Dawson, Mike Lewis, and Christopher Grabovski) sue on behalf of themselves and other people who have similar claims, together called a “Class” or “Class Members.” The individuals who brought this suit, along with all the Class Members, are called “Plaintiffs.” The people and companies being sued (in this case such companies include CoGo’s Co.) are called “Defendants.” One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.

The Court has not decided in favor of Plaintiffs or Defendant. Instead, there has been an agreement between CoGo’s and Plaintiffs to the Settlement. The Settlement is not an admission that CoGo’s, nor any other person or entity, did something wrong, and any wrongdoing has been and remains denied, but rather a compromise to end the lawsuit. By agreeing to settle, both sides avoid the costs, risks, and uncertainties of a trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representatives and the attorneys of the Settlement Class think the Settlement is best for Settlement Class Members.

You are a member of the Settlement Class and affected by the Settlement if:

• You were non-consensually towed from the Parking Lots between September 18, 2012 and December 27, 2015 and were charged in excess of $110 total for the return of the towed vehicle (as defined pursuant to Pittsburgh Code) or between December 28, 2015 and the date of Final Approval and Judgment (estimated to be October 7, 2024) and were charged in excess of $135 total for return of the towed vehicle (as defined in the Pittsburgh Code).

Specifically excluded from the Settlement Class are the Court—and any immediate family members of the Court—and individuals who timely and validly request exclusion from the Settlement Class.

If you timely exclude yourself from the Settlement, you are no longer part of the Settlement Class and will no longer be eligible to receive payments from the Settlement Fund. The process of excluding yourself is referred to as “opting out” of the Settlement and are described in the Section below titled “Excluding Yourself from the Settlement”.

If you are still not sure whether you are included, you can contact the Settlement Administrator at (833) 889-1930 or visit the Settlement website for more information.

Under the Settlement, payment of THIRTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($35,000.00) will be made into a Settlement Fund. After costs of settlement administration and notice and court-approved service awards no more than $1,000.00 are paid from the Settlement Fund to the Settlement Class Representatives, the Settlement Administrator will distribute to each Settlement Class Member who submits a timely and valid Claim Form their pro rata share of the Settlement Fund. The Court preliminarily approves this process.

In addition, there will separately be a payment for Settlement Class Counsel’s attorneys’ fees, costs, and expenses, and, if approved by the Court, that payment will be up to $69,000.00.

The amount of payment will depend on several factors, including the number of Settlement Class Members who ultimately file valid Claim Forms.

All Settlement Class Members that wish to receive compensation must complete and submit a Claim Form and follow its instructions. The Claim Form can be found online in Important Case Documents.

To properly complete and timely submit a Claim Form, you should read the instructions carefully, include all information requirements by the Claim Form, sign it, and either submit the signed Claim Form electronically by August 19, 2024 or mail it to the Settlement Administrator postmarked no later than August 19, 2024, at the following address:

CoGo’s Tag Towing Settlement Administrator
c/o Analytics Consulting LLC
PO Box 2002
Chanhassen MN 55317-2002

The Court will hold a hearing on October 7, 2024 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether these appeals can be resolved and resolving them takes time, sometimes more than a year. Payments to the Settlement Class Members will be made after the Settlement is finally approved and any appeals or other required proceedings have been completed as set forth in the Settlement Agreement. You may visit the Settlement Website for updates on the progress of Settlement.

Unless you exclude yourself from the Settlement, you will be unable to sue, or be part of any other lawsuit, against CoGo’s or the other Releasees (as defined in the Settlement Agreement) relating to the nonconsensual tow of your motor vehicle from the Parking Lots between September 2012 and the date of the Final Approval Order and Judgment (anticipated to be October 7, 2024). The specific claims that you are giving up are described in the Settlement Agreement, which is available at the Settlement Website.

If you have any questions, you may contact the Settlement Administrator or Settlement Class Counsel listed in Question 23 for free, or you can, of course talk to your own lawyer if you have questions about what this means.

If you want to keep your rights to sue or continue to sue any person or entity based on claims this Settlement resolves, then you must take steps to exclude yourself from the Settlement Class. (See Questions 13-15).

To exclude yourself from the Settlement, or “opt out,” you must send a letter by U.S. Mail that includes the information in the bullet points below. If you fail to include this information, the notice of exclusion will not be effective and you will be bound by the Settlement, including all releases.

• The name of this Litigation or a decipherable approximation (Christopher Grabovski, individually and on behalf of all others similarly situated Realty Income Corporation; CoGo’s Co.; and Brian Haenze d/b/a Auto Gallery & Accessories and as Tag Towing and Collision, GD-18-012294 (Allegheny Cty. Ct. Com. Pl.) or Christopher Zimmerman, Corey Mizell, Stephanie Dawson, and Mike Lewis individually and on behalf of all others similarly situated v. Sonya Lazarevic, Zoran Lazarevic, Sylvia Duda, CoGo’s Co., and Brian Haenze d/b/a Auto Gallery & Accessories and as Tag Towing and Collision, GD-18-012068 (Allegheny Cty. Ct. Com. Pl.));
• Your full name, address, email address, telephone number, and signature;
• The words “Request for Exclusion” at the top of the document or a statement in the body of the document requesting your exclusion from the Settlement;
• If you are filing a request for exclusion on behalf of an incapacitated or deceased Settlement Class Member for whom you are legally authorized to act, you must include your name, address, telephone number, signature, and relationship to the Settlement Class Member, as well as that person’s name and address.

You must mail via First-Class postage prepaid United States mail the completed above-described letter, postmarked no later than August 19, 2024 to each of the following addresses:

If you ask to be excluded, you will not get any payment as part of this Settlement, and you cannot object to this Settlement. You will not be legally bound by anything that happens in the Settlement and related proceedings and you may be able to sue (or continue to sue) any person, including Defendant in the future. If you both object to the Settlement and seek to exclude yourself, you will be deemed to have excluded yourself.

If you already have or had your own lawsuit for towing your vehicle without a license or for overcharging for a nonconsensual tow from the Parking Lots and want to continue with it, you need to ask to be excluded from the Settlement Class. If you exclude yourself from the Settlement Class—which also means to remove yourself from the Settlement Class and is sometimes call “opting out” of the Settlement Class—you won’t get any compensation from this Settlement. However, you may then be able to sue or continue to pursue a lawsuit for allegedly towing without a license or for overcharging for a nonconsensual tow from the Parking Lots. If you exclude yourself, you will not be legally bound by the Court’s judgment in this class action.

If you start your own lawsuit against CoGo’s or the other Releasees, for a nonconsensual tow from the Parking Lots after you exclude yourself, you’ll have to hire and pay your own lawyer for that lawsuit, and you’ll have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against CoGo’s or the other Releasees, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations. You must exclude yourself from this Settlement to continue your own lawsuit. Remember the exclusion deadline is August 19, 2024. Neither CoGo’s, the Releasees, nor any other person or entity have admitted liability of any type. All of their respective defenses of any and all types have been retained, are not waived and may be raised in the event that any claim is pursued by anyone who is excluded from this Settlement.

Note that if you exclude yourself from this lawsuit and in the future, and you park in the Parking Lots, any changes made to the policies and practices regarding the fee charged for towing vehicles would still apply to you.

No. If you exclude yourself, you are not entitled to a payment under the Settlement.

Yes. The Court decided that Patrick Donathen, of the law firm Lynch Carpenter, LLP, and Joshua P. Ward, of the law firm J.P. Ward and Associates, LLC, are qualified to represent you and all Settlement Class Members. Together these attorneys and their firms are called “Class Counsel.” They are experienced in handling similar cases against other companies and individuals. More information about these law firms, their practices, and their lawyers’ experience is available at www.lcllp.com and www.jpward.com. You will not be charged individually for these lawyers.

You do not need to hire your own lawyer because Settlement Class Counsel is working on your behalf as a Settlement Class Member. If you want your own lawyer, you may hire one, but you will have to pay that lawyer. For example, you could ask him or her to appear in Court for you if you want someone other than Settlement Class Counsel to speak for you.

Settlement Class Counsel worked on a contingent basis, which means that they would receive a fee only if the lawsuit was successful. None of the lawyers have yet received any payment for their time or expenses. Settlement Class Counsel intends to ask the Court to approve an award of up to $69,000.00 to be paid pursuant to the Settlement, as attorneys’ fees, costs, and expenses to compensate them for their time, the financial risk they understood, and the out-of-pocket costs that they advanced.

The Settlement Class is represented by three named individuals Christopher Zimmerman, Corey Mizell, Stephanie Dawson, Mike Lewis, and Christopher Grabovski. In addition to the benefits the Settlement Class Representatives will receive as members of the Settlement Class—and subject to the approval of the Court—the Settlement includes an agreement to pay service awards of up to $1,000.00 to each Settlement Class Representative for the efforts that they have expended on behalf of the Settlement Class. The amount of the service awards approved by the Court will be paid from the Settlement Fund.

The Court will determine whether to approve the amount of fees and costs and expenses requested by Settlement Class Counsel and the proposed service awards at the Final Approval Hearing scheduled for October 7, 2024. Settlement Class Counsel will file an application for fees, expenses, and services awards in advance of the Final Approval Hearing and the application will be available on the Settlement website.

If you are a Settlement Class Member, you can object to the Settlement if you do not think it is fair, reasonable, or adequate. You can give reasons why you think the Court should not approve it. The Court will consider your views. If you both object to the Settlement and seek to exclude yourself, you will be deemed to have excluded yourself and your objection will be deemed null and void.

Your objection must be in writing, and must include:

• the name of the Litigation: Christopher Grabovski, individually and on behalf of all others similarly situated v. Realty Income Corporation; CoGo’s ; and Brian Haenze d/b/a Auto Gallery & Accessories and as Tag Towing and Collision, GD-18-012294 (Allegheny Cty. Ct. Com. Pl.) or Christopher Zimmerman, Corey Mizell, Stephanie Dawson, and Mike Lewis individually and on behalf of all others similarly situated v. Sonya Lazarevic, Zoran Lazarevic, Sylvia Duda, CoGo’s Co., and Brian Haenze d/b/a Auto Gallery & Accessories and as Tag Towing and Collision, GD-18- 012068 (Allegheny Cty. Ct. Com. Pl.), or a decipherable approximation;
• the full name of the objector and full name, address, email address, and telephone number of any person acting on the objector’s behalf;
• all grounds for the objection, accompanied by any legal support for the objection known to the objector or his or her counsel;
• a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
• such written statement must be filed with the Court and served on counsel for the parties no later than the Objection Date.

Any objection must be either filed electronically with the Court or mailed to the Clerk of Court, Settlement Class Counsel, and CoGo’s Counsel at the addresses set forth below. The objection must be filed with the Court – or if mailed it must be postmarked – no later than August 19, 2024.

In addition, any Settlement Class Member that objects to the proposed Settlement may be required to appear for a deposition regarding the grounds for their objection and must provide, along with the objection, the dates when the objector will be available to be deposed up until five days before the Final Approval Hearing.

Objecting is telling that Court that you do not like something about the Settlement and providing the reasons and legal basis as to why do you not like it. You can object to the benefits provided by the Settlement or other terms of the Settlement only if you stay in the Settlement Class. Excluding yourself or “opting out” is telling the Court that you do not want to be included in the Settlement Class. If you exclude yourself, you have no basis to object to the Settlement and related releases because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing on October 7, 2024 at 9:00 a.m., in Courtroom 820 before Judge Philip Ignelzi of the Court of Common Pleas of Allegheny County, Pennsylvania, City-County Building, 414 Grant Street, Pittsburgh, PA 15219, or at such other time, location, and venue (including remotely by zoom) as the Court may order. This hearing date and time may be moved. Please refer to the Settlement Website for notice of any changes.

By no later than September 16, 2024, Settlement Class Counsel shall file a motion for final approval of the Settlement. Objectors, if any, shall file any response to Settlement Class Counsel’s motion no later than September 23, 2024. By no later than September 30, 2024 responses shall be filed, if any, to any filings by objectors, and any replies in support of final approval of the Settlement and/or Settlement Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards shall be filed no later than September 30, 2024.

At the Final Approval Hearing, the Court will consider, among other things, whether the Settlement is fair, reasonable, and adequate; how much Settlement Class Counsel will receive as attorneys’ fees, costs, and expenses; and whether to approve service awards to the Settlement Class Representatives. If there are objections, the Court will consider them. The Court will listen to people at the hearing who file in advance a timely notice of their intention to appear. At the Final Approval Hearing, the court will decide whether to approve the Settlement. However, there is no deadline by which the Court must make its decision.

No. Settlement Class Counsel will answer questions that the Court may have. You are welcome, however, to come at your own expense. If you submit an objection, you do not have to come to the hearing. As long as you submitted your objection timely and in accordance with the requirements for objecting set out in the Settlement, the Court will consider it. You may also pay your own attorney to attend the hearing, but it is not required.

Visit the Settlement website where you will find more information, including a copy of the Settlement Agreement in Important Case Documents.

You may contact the Settlement Administrator, Analytics Consulting LLC, at (833) 889-1930, or by writing to: CoGo’s Tag Towing Settlement, c/o Analytics Consulting LLC, PO Box 2002, Chanhassen, MN 55317-2002.

You may also speak to one of the lawyers by calling (412) 322-9243 or by writing to: CoGo’s Tag Towing Class Action, Lynch Carpenter, LLP, Attn: Patrick Donathen, 1133 Penn Avenue, 5th Floor, Pittsburgh, PA 15222.

Please do not contact the Court or Defendant with questions about the Settlement.