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Home My WebLink About07-1146 C? o ? ? l 1? J N ? ? i rv e 9 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01146 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUTZ RICHARD E VS ERIE INSURANCE GROUP MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ERIE INSURANCE GROUP the DEFENDANT , at 1450:00 HOURS, on the 5th day of March , 2007 at 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 by handing to MICHAEL MCGAW, CLAIMS SUPVR, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.44 ;yam' Affidavit 39 Surcharge 10.00 R. Thomas Kline 00 41.83/ 03/06/2007 RICHARD MAFFETT Sworn and Subscibed to? By: before me this day Deputy Sheriff of A.D. RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff .................................................................................................. . RICHARD E. LUTZ, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V :NO. 07-1146 CIVIL TERM ERIE INSURANCE GROUP, :CIVIL ACTION - LAW Defendant :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 Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff ........................................................................................... RICHARD E. LUTZ, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V :NO. 07-1146 CIVIL TERM ERIE INSURANCE GROUP, :CIVIL ACTION - LAW Defendant :JURY TRIAL DEMANDED ........................... ........................................................ : COMPLAINT rA AND NOW, this a3 day of December, 2008, comes the Plaintiff, RICHARD E. LUTZ, by his attorney, Richard F. Maffett, Jr., Esquire, and avers the following: 1. Plaintiff Richard E. Lutz is an adult individual who resides at 1321 Cider Press Road, Port Royal, PA, 17082. 2. Defendant is a corporation licensed to issue automobile insurance policies in the Commonwealth of Pennsylvania, with a principal place of business at 4901 Louise Drive, Mechanicsburg, PA, 17055. 3. On or about December 28, 2002, Defendant issued to Plaintiff an automobile insurance policy for the period from January 1, 2003 to January 28, 2004, which, by its terms, provided for payment of first party income loss benefits of up to $1,000.00 per month and $15,000.00 total for income loss because of bodily injury sustained by Plaintiff as a result of a motor vehicle accident. (See Exhibit A attached.) 4. Said policy of insurance was in full force and effect on March 5, 2003. 5. On March 5, 2003, Plaintiff was involved in a motor vehicle accident while operating his vehicle headed East on Interstate Route 322, in Middle Paxton Township, Dauphin County, when his automobile struck a vehicle also headed East on Interstate Route 322 driven by Debra Blosser, which had collided with another automobile driven by Harry E. Yeager, which had been headed West in the Eastbound lane of Route 322. 6. As a result of the aforesaid collision, Plaintiff suffered serious and permanent injuries to his neck which were diagnosed to include: cervical strain; cervical radiculopathy; aggravation of cervical degenerative disc disease; avulsion fracture of the cervical spine; and, cervical radiculopathy. 7. At the time of the aforesaid collision, Plaintiff was employed with Armstrong Printery, Inc. 8. As a result of his injuries from the aforesaid collision, Plaintiff was unable to perform his duties with Armstrong Printery, Inc.; and, as a result, suffered lost income through December 31, 2005 in excess of $230,176.00. 2 9. Plaintiff has submitted reasonable proof to Defendant of his lost income caused by the aforesaid motor vehicle accident. 10. Pursuant to the aforesaid contract of insurance with Defendant, Plaintiff is entitled to payment of first party income loss benefits in the amount of the policy limit of $15,000.00 as a result of lost income caused by his injuries from the aforesaid collision. 11. Despite Plaintiff's repeated demands for payment of first party income loss benefits, Defendant has breached the aforesaid contract of automobile insurance with Plaintiff by failing and refusing to make payment to Plaintiff of the first party income loss benefits to which he is entitled pursuant to the aforesaid contract. 12. Defendant has acted unreasonably, without just cause, and unlawfully by refusing payment to Plaintiff of the aforementioned income loss benefits. 13. As a result of Defendant's aforesaid bad faith and refusal to pay first party income loss benefits, Plaintiff is entitled to interest on the amount of the unpaid and overdue first party income loss benefits from the date said income loss benefits became due. 14. As a result of Defendant's aforesaid bad faith and refusal to pay first party income loss benefits, Plaintiff is entitled to punitive damages. 3 15. As a result of Defendant's aforesaid bad faith and refusal to pay first party income loss benefits, Defendant is required to pay court costs and Plaintiff's reasonable attorney's fees for time expended on this matter. , Plaintiff RICHARD E. LUTZ demands judgment against Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, A J, A )l Richard F. Maf tt, ., Esquire 4 VERIFICATION I, RICHARD E. LUTZ, have read the foregoing and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: Ure, /7 X009 J4t'rLl ) RICHARD E. LUT , ntiff ERIE INSURANCE EXCHANGE PI ONEI FAMILY AUTO POLICY G R UP P1 CONTINUATION NOTICE >A 1 _x=,30 ...:;..::P-....CI.LtGY. AA7172 CONSOLIDATED INS INC 01/28/03 TO 01/28/04 Q01 2804305 H .:,AGENT CONSOLIDATED INS INC 225 N. RAILROAD STREET .'`,¢`,QF.,NT PHONE - (717) 838-1391 PALMYRA PA 17078 0000 ************************************************************ CONGRATULATIONS! A PIONEER EXPERIENCE RATING CREDIT HAS * BEEN APPLIED TO YOUR POLICY PREMIUM. ************************************************************ TTM 4. AUTOS COVERED :.:.,AUTO YR MAKE VIN ST TER SYM RATING CLASS DDP 1 02 CHEV-TAHOE::.4WD 1GNEK13Z32J211178 PA 4V E A4S-M MM65 3 94 LINCICONTOEXEC lLNLM97749RY791296 PA 4V E ALAS-M MM65 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- #1 #2 #3 *****GOOD DRIVER RATES APPLY***** --- THE FULL TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. --- LIABILITY PROTECTION- BODILY INJURY S1000M/PERSON $1000M/ACC 98 979 4 565 5 PROPERTY DAMAG .$100 /ACC FIRST PARTY :BENEFITS- MEDICAL; EXPENSE :': $1;OM 38 39 32 ,- II3e0ME LOSS 1M MONTH, $15M MAXIMUM E 10 1 10 1 9 ATH $5M ACCIDENTAL D g2 5M 2 FUNERAL.BENEFIT $ _BENEFITS '$1°OOOM RY=MEISICAL ' DIN O 33 33 40 : A R EXTRA UNINSURED MOTORISTS COVERAGE- BOD I.NJ 1000M/PERSON. 1000M.,ACC-STACKED S COVE RAG ' 25 25 25 - UNDERLNSUR INSURED 900 INJ „ 1000M/PERSON- 1000M ACC:.`STACKED 134 134 134 PHYSLCAL"'."DAMAGECOVERAGE ='- COMPREHENSIVE - $50-IDED 166 196 76 ..OLLISION - $500 DED 222 234 102 'C'AL ANNUAL PREMIUM FOR EACH AUTO 800 846 541 1`k'AL ANNUAL POLICY PREMIUM $ 21 87 6 -/d `:t`stM 6. APPLICABLE POLICY ENDORSEMENTS EXCEPTIONS TO DECLARATIONS ITEMS ,Z., AUTOS - FAP 04/97, UF?106 05/01, AFkG1 10/98, AFPA03 10/02*. ;t:7' ..r0 1 - AFPU01 04/99. d A4 O 2 - AFPU01 04/99. AUTO 3 - AFPU01 04/99. ..ANTI-THEFT DISCOUNT APPLIES-PASSIVE NON-DISAB AUTO 1 ..A '..'I--THEFT DISCOUNT APPLIES-PASSIVE NON-DISAB AUTO 2 ANTI-THEFT DISCOUNT APPLIES-ALARM AUTO 3 17?f? -IL 1' I POLICY.. DISCOUNT APPLIES - AMOUNT OF DISCOUNT IS 85 PASSIVE RESTRAINT DISCOUNT APPLIES - MULTIPLE AIRBAGS UTO 1 PASSIVE RESTRAINT DISCOUNT APPLIES - MULTIPLE AIRBAGS AUTO 2 `' =:SS;.VE. P.ESTRAINT DISCOUNT APPLIES - DUAL AIRBAGS AUTO 3 --LOCK BRAKE DISCOUNT APPLIED AUTO 1 t . Vrj:-t' :., ? a --LCCTi BRAKE DISCOUNT APPLIED AUTO T=."t i -i_g:'-'_. K BRAKE DISCOUNT APPLIED AUTO 3 s: EXHIBIT A F YD WFS 12/28/0 * YOU HAVE BEEN INSURED WITH THE ERIE FOR AT LEAST 15 YEARS. THIS POLICY X * WILL NOT RECEIVE A DEFENSIVE DRIVER PLAN SURCHARGE FOR FUTURE ACCIDENTS. EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLASS AUTO 1-BUSINESS USE UP TO 12 500 MILES MALE MARRIED, AGE 65-&9 AUTO 2-TO WbRK 21-30 MILES ONE WAY, UP FEMALE MARRIED AGE 65-69 AUTO 3-PLEASUkE USE UD TO 8,500 MILES MALE, MARRIED, AGE 65-69 ANNUALLY TO 15,500 MILES ANNUALLY ANNUALLY ?-11SCELLANEOUS INFORMATION ITEM . LEACH AUTO ANOTHER WE INSURE WILL B S PSHOWN RINCIPALLY GARAGED AT THE ADDRESS SHOWN IN ITEM ITEM 9. UNLESS A CO-OWNER OR.LIENHOLDER IS LISTED BELOW, THE NAMED INSURED IS THE SOLE OWNER OF EACH AUTO WE INSURE. ?r LIENHOLDER FOR AUTO 2 CITIZENS AUTO FINANCE INC 1 CITIZEN DR RIVERSIDE RI 02915-3019 r , t.. DIEM VER ST LICENSE NUMBER BIRTH DATE ,RICHARD E LUTZ PA 08827757 03/15/36 NANCY M LUTZ PA 09041198 07/12/36 I'll .VER DISCOUNTS - PTO 1 - OVER 55, AUTO 2 - OVER 55, AUTO 3 - OVER 55. '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 COMMITS A FR AACRIMETANDASUBJECTSOTHE PERSON TOACRIMINALIANDRCIVILAPENALTIES,IS YOUR COLLISION COVERAGE AND DEDUCTIBLE APPLY TO PRIVATE PASSENGER AUTOS YOU OR A RESIDENT RELATIVE RENT FOR 45 DAYS OR LESS. THIS IS .. SUBJECT TO LIMITS, TERMS AND CONDITIONS IN THE POLICY. __-.._ ___......-w_.....r. _r?.:.._:,._._,. --_..-_:..;.._..?...-__:_.?_,.___....__.._._...._..---•.__._<..._. THE LAWS OF THE.COMMONWEALTH OF PENNSYLVANIA AS ENACTED BY THE GENERAL ASSEMBLY ONLY REQUIRE THAT YOU PURCHASE LIABILITY AND:FIRST-PARTY DICAL AENEFIT.CGVERAGES. ANY ADDITIONAL COVERAGES OR COVERAGES IN LESS OF THE LIMITS REQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST ,AS ENHANCEMENTS TO THE BASIC COVERAGES. 2804305 CONTINUED ON NEXT PAGE :;, . ,. } _ 'NSEN 11S'tJP ONCE ? rt OIlP z s P1 Fn„Pa 16530 i.1S:i L.fl_ ERIE INSURANCE EXCHANGE PIONEEF FAMILY AUTO POLICY :::::................... 01/28/03 TO 01/28/04 Q01 2804305 H HTHEILIMITEDETORTEOPTOIONRMAYSNOTDBEIAVAILABLE BELOW ANNUAL I F TTHAT TORT. PLEASE NOTE :;V CERTAIN VEHICLES. # 1 # 2 # 3 ;?i0DI LY INJURY $15M/PERSON $30M/ACC ? CC 56 36 56 26 38 , ;:?.;;I?..?ROPERTY DAMAGE $ 5M/A ITS - MEDICAL EXPENSE $5M 26 26 21 ,,.`_tIRST PARTY BENEF CONTINUATION NOTICE o -Z -T ??- - E 3 -9 YD WFS 12/28/02 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid, addressed as follows: Erie Insurance Group 4901 Louise Drive Mechanicsburg, PA 17055 Dated: C d"k'?Jo- Ric and F. Maffe J , Esq. . n-] t a i -,=4 ?.. ......r, ' "f 1 s_ ?? i _,? ?- t=? {. ? ,? try - ti e _ I BARLEY SNYDER LLC Ronald H. Pollock, Jr., Esquire Court ID No. 52586 126 East King Street Lancaster, PA 17602-2893 717-299-5201 RICHARD E. LUTZ, V. Plaintiff, ERIE INSURANCE GROUP Defendant. Attorneys for Defendant Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 07-1146 Jury Trial Demanded PRAECIPE To: Prothonotary Please enter the appearance of Barley Snyder LLC, by Ronald H. Pollock, Jr., Esquire, on behalf of Defendant Erie Insurance Group in the above-captioned matter. All correspondence should be mailed to 126 East King Street, Lancaster, PA 17602-2893. I HEREBY CERTIFY that a true and correct co y of this Entry of Appearance has been served on all parties of record this day of , 2009, by first class mail, postage prepaid. 2497117.1 A . BARLEY SNYDER LLC By: onald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Group 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2497117.1 r-I BARLEY SNYDER LLC Ronald H. Pollock, Jr., Esquire Court ID No. 52586 126 East King Street Lancaster, PA 17602-2893 717-299-5201 RICHARD E. LUTZ, V. ERIE INSURANCE GROUP Attorneys for Defendant Erie Insurance Group IN THE COURYOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law No. 07-1146 Jury Trial Demanded Defendant. NOTICE TO PLEAD TO: Richard E. Lutz c/o Richard F. Maffett, Jr., Esquire YOU ARE hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BARLEY SNYDER LLC Dated: Q S By: Ronald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Group 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2511897.1 RICHARD E. LUTZ, ; IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. . Civil Action - Law ERIE INSURANCE GROUP No. 07-1146 Defendant. Jury Trial Demanded ANSWER AND NEW MATTER OF DEFENDANT ANSWER 1. Admitted. 2. Denied. The averments of Paragraph 2 are denied as stating conclusions of to which no responsive pleading is required. By way of further answer, "Erie Insurance Group" did not insure Plaintiff. 3. Denied. The averments of Paragraph 3 are denied as stating conclusions of to which no responsive pleading is required. By way of further answer, "Erie Insurance Group" did not insure Plaintiff. 4. Denied. The averments of Paragraph 4 are denied as stating conclusions of to which no responsive pleading is required. By way of further answer, "Erie Insurance Group" did not insure Plaintiff. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 5 and strict proof thereof is demanded. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 6 and strict 2511897.1 2 proof thereof is demanded. By way of further answer, the averments of Paragraph 6 are denied as stating conclusions of to which no responsive pleading is required. 7. Denied as stated. Plaintiff has presented a valuation report for Armstrong Printery, Inc., which indicates he was employed with that company. 8. Denied. The averments of Paragraph 8 are denied as stating conclusions of to which no responsive pleading is required. The only information provided to Plaintiff's insurer, Erie Insurance Exchange, is a loss of earnings for Armstrong Printery, Inc., a corporation. 9. Denied. To the contrary, Answering Defendant does not insure Plaintiff. Plaintiff has provided information to Erie Insurance Exchange regarding the loss of earnings of a corporation for which he is an employee. This is not proof of lost income to Plaintiff. 10. Denied. The averments of Paragraph 10 are denied as stating conclusions of law to which no responsive pleading is required. By way of further answer, Plaintiff has not provided proof of lost income as required under the Policy. 11. Denied. Plaintiff was originally injured in a prior motor vehicle accident in 1995. At the time of the accident in question, he was still treating for those injuries. No treatment was rendered related to the accident in question from March, 2003 until September, 2006. Considerable effort was required to confirm whether any current treatments were the result of the accident for which coverage is provided under the policy at issue. The entity providing coverage to Plaintiff, Erie Insurance Exchange, has not received documentation of a direct loss of income from Plaintiff. 12. Denied. Plaintiff was originally injured in a prior motor vehicle accident in 1995. At the time of the accident in question, he was still treating for those injuries. No treatment was rendered related to the accident in question from March, 2003 until September, 2006. 2511897.1 Considerable effort was required to confirm whether any current treatments were the result of the accident for which coverage is provided under the policy at issue. The entity providing coverage to Plaintiff, Erie Insurance Exchange, has not received documentation of a direct loss of income from Plaintiff. 13. Denied. Plaintiff was originally injured in a prior motor vehicle accident in 1995. At the time of the accident in question, he was still treating for those injuries. No treatment was rendered related to the accident in question from March, 2003 until September, 2006. Considerable effort was required to confirm whether any current treatments were the result of the accident for which coverage is provided under the policy at issue. The entity providing coverage to Plaintiff, Erie Insurance Exchange, has not received documentation of a direct loss of income from Plaintiff. 14. Denied. Plaintiff was originally injured in a prior motor vehicle accident in 1995. At the time of the accident in question, he was still treating for those injuries. No treatment was rendered related to the accident in question from March, 2003 until September, 2006. Considerable effort was required to confirm whether any current treatments were the result of the accident for which coverage is provided under the policy at issue. The entity providing coverage to Plaintiff, Erie Insurance Exchange, has not received documentation of a direct loss of income from Plaintiff. 15. Denied. Plaintiff was originally injured in a prior motor vehicle accident in 1995. At the time of the accident in question, he was still treating for those injuries. No treatment was rendered related to the accident in question from March, 2003 until September, 2006. Considerable effort was required to confirm whether any current treatments were the result of the accident for which coverage is provided under the policy at issue. The entity providing coverage 2511897.1 to Plaintiff, Erie Insurance Exchange, has not received documentation of a direct loss of income from Plaintiff. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests this Honorable Court dismiss Count IV of Plaintiff's Complaint with prejudice. NEW MATTER 16. Erie Insurance Group did not insure Plaintiff in this case, and is therefore not a proper party defendant. 17. Plaintiff s complaint has failed to state a claim upon which relief can be granted. 18. Defendant incorporates by reference all the terms, conditions, exclusions, exceptions and limitations of the policy against which claim has been made. 19. Plaintiff's claims are barred, in whole or in part, by the doctrines of waiver, estoppel and laches. 20. Plaintiff has failed to state a claim upon which relief can be granted under 42 Pa. § 8371. 21. Defendant has acted reasonably and in good faith at all times. 22. Defendant has fulfilled all obligations to Plaintiff. 23. Plaintiff has failed to properly cooperate in the investigation of this claim. Plaintiff was apparently an employee of a corporation during the time period for which he is seeking first-party benefits. 24. Plaintiff has not provided information concerning lost income. Rather, Plaintiff has submitted only a valuation report for his employer, which does not establish wage loss. Plaintiff's insurer, Erie Insurance Exchange has requested the appropriate documentation, but has not received it. 2511897.1 5 WHEREFORE, Defendant Erie Insurance Exchange respectfully requests that judgment be entered in its favor and against Plaintiff Richard E. Lutz. BARLEY SNYDER LLC ?y GP Dated: By: r Ronald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Group 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2511897.1 VERIFICATION I, Ronald H. Pollock, Jr., verify that I am the attorney for Erie Insurance Group in this action, whose verification cannot be obtained within the time allowed for the filing of this pleading, and based on information received from Erie Insurance Group, verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dated: By: P 2?e? Ronald H. Pollock, Jr., Esquire 2511897.1 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this e2di-4 day of , 2009, by first class mail, postage prepaid, upon: Richard Maffett, Esquire 2201 North Second Street Harrisburg, PA 17110 BARLEY SNYDER LLC By: Ronald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Exchange 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2511897.1 !-P-`F THL 2909 FiAY e3 F' ii 3: J2 r yr BARLEY SNYDER LLC Ronald H. Pollock, Jr., Esquire Court ID No. 52586 126 East King Street Lancaster, PA 17602-2893 717-299-5201 RICHARD E. LUTZ, V. Plaintiff, ERIE INSURANCE GROUP, Defendant. Attorneys for Defendant Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 07-1146 Jury Trial Demanded MOTION TO COMPEL DISCOVERY RESPONSES OF PLAINTIFF RICHARD E. LUTZ 1. This is a coverage dispute with a bad faith count filed by Plaintiff. 2. On May 22, 2009, Defendant served Plaintiff with Interrogatories and a Request for Production of Documents addressed to Plaintiff Richard E. Lutz. A copy of this discovery is attached hereto, made a part hereof, and marked Exhibit A. 3. By letter dated July 1, 2009, counsel for Defendant followed up with counsel for Plaintiff regarding a response to the discovery requests. 4. By letter dated July 22, 2009, counsel for Plaintiff requested a 30 day extension of time to respond to the discovery requests. 5. At the expiration of the 30 day extension on August 21, 2009, counsel for Defendant again followed up, seeking answers to discovery responses. 6. To date, no discovery answers, objections or further request for extension has been made. 2727454.1 7. Defendant Erie Insurance Group therefore requests a court order compelling answers to its Interrogatories and Request for Production. WHEREFORE, Defendant Erie Insurance Group respectfully requests this honorable Court grant an Order compelling Plaintiff to provide answers to its Interrogatories and Request for Production of Documents within twenty (20) days or risk sanctions. BARLEY SNYDER LLC By: "A,-/ Ronald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Group 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2727454.1 2 Exhibit A BARLEY SNYDER LLC Ronald H. Pollock, Jr., Esquire Court ID No. 52586 126 East King Street Lancaster, PA 17602-2893 717-299-5201 RICHARD E. LUTZ, V. ERIE INSURANCE GROUP, Defendant. Attorneys for Defendant Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Civil Action - Law No. 07-1146 Jury Trial Demanded INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF RICHARD E. LUTZ Please explain the basis of your claim for lost income as set forth in Paragraph 8 of Plaintiff's Complaint and reference the applicable Policy provisions of the attached Declarations, Policy Forms and Endorsements which provided coverage to Plaintiffs at the time of the accident in question. REQUEST FOR PRODUCTION OF DOCUMENTS Please attach all documents which you contend establish a loss of income to Plaintiff as set forth in Paragraph 8 of Plaintiff's Complaint. BARLEY SNYDER LLC By: Ronald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Group 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2566898.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this - day of 2009, by first class mail, postage prepaid, upon: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 BARLEY SNYDER LLC By: Ronald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Group 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2566898.1 2 CERTIFICATE OF SERVICE I HEREBY C RTIFY that a and correct copy of the foregoing document has been served this A-q!2day of , 2009, by first class mail, postage prepaid, upon: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 BARLEY SNYDER LLC By: Ronald H. Pollock, Jr., Esquire Court I.D. 52586 Attorneys for Defendant Erie Insurance Group 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2727454.1 FILE uF OF TH-2- 2009 OCT 20 PrI f : 56- Q/ DEC 012009 61 RICHARD E. LUTZ, Plaintiff, V. ERIE INSURANCE GROUP, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 07-1146 Jury Trial Demanded ORDER AND NOW, this day of , 2009, it is hereby ordered that Plaintiff Richard E. Lutz must serve full and complete answers to Defendant's Interrogatories and Request for Produc?tioPptDo?ts Addressed to Plaintiff Richard E. Lutz within twenty (20) days or risk sanctions. BY E COURT: J. 2727454.1 ITAPY 2003 D`i; -2 PH 1: 29 )41,f RICHARD E. LUTZ, V. Plaintiff, ERIE INSURANCE GROUP Defendant. To: Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 07-1146 Jury Trial Demanded PRAECIPE Please mark the above-captioned matter as settled, discontinued and ended with all costs paid. Dated: By: Richard F. Maffett, Jr., E re Court ID No. PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 ? a - q TI ri r -a 7c co -. , s r ' CZ 2822806 1