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Home My WebLink About07-5427IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. 230R Spring Lane Enola, PA 17025 PLAINTIFF V. FILE NO.: D~`l -.S'1,1Z'1' l.1 c~~ 1. i ~ e `~" ' t CIVIL ACTION: Progressive Northern Insurance Company 6085 Parkland Blvd., E P 3 Mayfield Heights, OH 44124 . A/K/A Progressive Insurance Company 5165 Campus Drive Plymouth Meeting, PA 19462-1135 DEFENDANT PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons i~`tTie above captioned actin hick arises from a contract dispute. ~-- _~ Writ of Summons shall be Yssued and forty to Attorney/Sheriff. Date: _~'d1 __4 ly~ ". D an Bratic, Esq., ID 19249 ~: ' Bratic & Portko ~, 101 South US Route 15 Dillsburg, PA 17019 (717) 432-9706 SUMMONS IN CIVIL ACTION TO: Progressive Northern Insurance Company Progressive Insurance Company 6085 Parkland Blvd., E P 3 5165 Campus Drive Mayfield Heights, OH 44124 Plymouth Meeting, PA 19462-1135 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: ~ 0'r - -r -., ~ ~ .,p ''" }}~~.. IN fit`.. en ~: ~~ ~ ~ ~~ .~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. 230R Spring Lane Enola, PA 17025 PLAINTIFF V. CIVIL ACTION: 07-5427 Civil Term Progressive Northern Insurance Company 6085 Parkland Blvd., E P 3 Mayfield Heights, OH 44124 A/K/A Progressive Insurance Company 5165 Campus Drive Plymouth Meeting, PA 19462-1135 DEFENDANT PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons in the above captioned matter. Date: 0 3b a7 Dusan Bratic, Esq. 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Supreme Court ID: 19249 .?~- 1 /~/ ~ ~ ~. O p j ' ` ~ ~< ~. ~ A_ n Y ~~ ~~ _a r:-.~ 4 i T~ -.-.y ~. J ~~r !^ rl ~~~yy ~E~. ~L + SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05427 P ~~COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAKE STEPHEN M SR VS PROGRESSIVE NORTHERN INS CO R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PROGRESSIVE NORTHERN INSURANCE COMPANY AKA PROGRESSIVE INS CO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 27th 2007 this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 Postage .75 70.75 ~/ 11/27/2007 BRATIC & PORTKC So answers-: ~.> ~i"~_ R. '~homas Kline Sheriff of Cumberland County /~ ~j o~D 7 Sworn and subscribe to before me this day of A.D. .. In The Court of Common Pleas of Cumberland County, Pennsylvania Stephen M. Hake Sr. VS. Progressive Northern Insurance Company a/k/a Progressive Insurance Company No . 07-5427 civil Now, November 8, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, __ , 20 , at within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT o'clock M. served the County, PA SHERIFF'S RETURN PROTHONOTARY D- 4115 DEFENDANT: Progressive Northern Insurance Company DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Laurie Pellicore RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: 11-14-04 @ 13:00 LOCATION: 5165 Can ~~ u~, :eeting, PA The above document was serves the County of Montgomery, Coy ormation listed above in a. Affirmed and subscribed before 11-16-07 tary Public .- r~o~.wr:~;~ stns py~21CG1 A. G~,~,BRONE Notcuy Pic M~GpME~`f COt1Nn ~pi-es pec.13.2008 John P. Durante Sheriff of Montgomery County Deputy Sheriff Case ,_~DEC-11-2007 09 ~ 46 SH RAF S RETURN ~a~ PROT~IONOTARY D- 4115 DEFENDANT: Progressive Northern Insurance Company DOCUMENT SERVED: Civil IN:DNIDUAL SERVED: Laurie Pellicore F RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: 11-14-07 @ 1.3:00 LOCATXON: 5165 Campus Drive, Plymouth Meeting, PA The above document was served on the defendant as per information listed above in the Cuuoty of Montgomery, Commonwealth of PennsyWania. Affirmed and subscribed before me on this day so answers. 12-10-07 Notary Public John P. Durante Sheriff of Montgomery County Deputy Sheriff Case P.01i01 TOTAL P.01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V. Progressive Northern Insurance Company A/K/A Progressive Insurance Company DEFENDANT CIVIL ACTION: 07-5427 Civil Term STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: The Plaintiff, Stephen M. Hake, Sr., by and through his attorney, Dusan Bratic, Esquire, intends to proceed with the above captioned matter. Please remove it from the proposed termination list. Date:?? R Dusan Bratic I.D. # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiffs N ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V. CIVIL ACTION: 07-5427 Civil Term Progressive Northern Insurance Company A/K/A Progressive Insurance Company DEFENDANT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Statement of Intention to Proceed was furnished by U.S. Mail, first class, postage prepaid on this day of September 2010, to: Esther V. Tyson, Medical Claims Rep. Progressive Insurance 5165 Campus Drive, Suite 100 Plymouth Meeting, PA 19462 Dated:_L BRATIC & PORTKO r Dusan Bratic I.D. # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiffs e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT a PENNSYLVANIA Stephen M. Hake, Sr. Plaintiff NO. 07-5427 Civil Term vs. PRAECIPE FOR APPEARANCE Progressive Northern Insurance Company a/k/a Progressive Insurance Company Filed on behalf of Defendant Progressive Northern Insurance Company a/k/a Defendant Progressive Insurance Company Counsel of Record for this Party: Robert E. Dapper, Jr. Pa. I.D. # 46378 E-mail: rdapperkd3bk.com Daniel J. Twilla Pa. I.D. # 93797 E-mail: dtwillaAd3bk.com Dapper, Baldasare, Benson, Behling & Kane, P.C. Four Gateway Center 444 Liberty Avenue, 10th Floor Pittsburgh, PA 15222 (412) 456-5555 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen M. Hake, Sr. Plaintiff NO. 07-5427 Civil Term vs. Progressive Northern Insurance Company a/k/a Progressive Insurance Company Defendant PRAECIPE FOR APPEARANCE TO: Prothonotary Kindly enter my appearance for Defendant Progressive Northern Insurance Company aWa Progressive Insurance Company with regard to this matter. Respectfully submitted, By: DAPPER, ??D ARE, BENSO, BEHLING & KA /l _--71,/ Daniel J. T<villa Pa. I.D. # 93797 dtwillana,d3bk.com Four Gateway Center, 10th Floor 444 Liberty Avenue Pittsburgh, PA 15222 (412) 456-5555 (Counsel for Defendant Progressive Northern Insurance Company a/k/a Progressive Insurance Company) CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within PRAECIPE FOR APPEARANCE was forwarded by U.S. First Class Mail, postage pre-paid, this 24th day of June, 2011, upon the following: Dusan Bratic, Esquire 1010 South U. S. Route 15 Dillsburg, PA 17019 -A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen M. Hake, Sr. Plaintiff NO. 07-5427 Civil Term VS. PRAECIPE FOR APPEARANCE ' Progressive Northern Insurance Company a/k/a Progressive Insurance Company Filed on behalf of Defendant Progressive Northern Insurance Company a/k/a Defendant Progressive Insurance Company Counsel of Record for this Party: Robert E. Dapper, Jr. Pa. I.D. # 46378 E-mail: rdapper@d3bk.com Daniel J. Twilla Pa. I.D. # 93797 E-mail: dtwilla(iW3bk.com Dapper, Baldasare, Benson, Behling & Kane, P.C. Four Gateway Center 444 Liberty Avenue, 10th Floor Pittsburgh, PA 15222 (412) 456-5555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen M. Hake, Sr. Plaintiff NO. 07-5427 Civil Term vs. Progressive Northern Insurance Company a/k/a Progressive Insurance Company Defendant PRAECIPE FOR APPEARANCE TO: Prothonotary Kindly enter my appearance for Defendant Progressive Northern Insurance Company a/k/a Progressive Insurance Company with regard to this matter. Respectfully submitted, DAPPER, ALDASARE, BENSON, BEHLING & KAN , By: Rob rt E. Da er, Jr. PA I.D. #46378 rd a pperna,d3bk.com Four Gateway Center, 10th Floor 444 Liberty Avenue Pittsburgh, PA 15222 (412) 456-5555 (Counsel for Defendant Progressive Northern Insurance Company a/k/a Progressive Insurance Company) CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within PRAECIPE FOR APPEARANCE was forwarded by U.S. First Class Mail, postage pre-paid, this 24t' day of June, 2011, upon the following: Dusan Bratic, Esquire 1010 South U. S. Route 15 Dillsburg, PA 17019 obert apper, Jr. Daniel J. Twilla t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY% .; PENNSYLVANIA ? _ _ .., Stephen M. Hake, Sr. = .. -.? Plaintiff NO. 07-5427 Civil Term VS. En FOR RULE TO FIL + - Progressive Northern Insurance Company COMPLAINT a/k/a Progressive Insurance Company Filed on behalf of Defendant Progressive Defendant Northern Insurance Company a/k/a Progressive Insurance Company Counsel of Record for this Party: Robert E. Dapper, Jr. Pa. I.D. # 46378 E-mail: rdapper(a,d3bk.com Daniel J. Twilla Pa. I.D. # 93797 E-mail: dtwillagd3bk.com Dapper, Baldasare, Benson, Behling & Kane, P.C. Four Gateway Center 444 Liberty Avenue, I Otn Floor Pittsburgh, PA 15222 (412) 456-5555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen M. Hake, Sr. Plaintiff NO. 07-5427 Civil Term vs. Progressive Northern Insurance Company a/k/a Progressive Insurance Company Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: Prothonotary Kindly issue a Rule upon Plaintiff in this matter to file a Complaint within twenty (20) days. Respectfully submitted, DAPPERWBAALLDASARE BEHLING & KANE By: obePA I.D. #46378 rdappera,d3bk.com Daniel J. Twilla Pa. I.D. # 93797 dtwilla ,d3bk.com RULE To THE k AIINTT Pr Iba are kereby d i reefed qo pie Oofiplaiq 0jPnS+ the De?ndof t, - in coo days 4 Sere i&* or seer judgnnenl non roS Four Gateway Center, 10'h Floor 444 Liberty Avenue Pittsburgh, PA 15222 (412) 456-5555 (Counsel for Defendant Progressive Northern Insurance Company a/k/a Progressive Insurance Company) CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within PRAECIPE FOR RULE TO FILE COMPLAINT was forwarded by U.S. First Class Mail, postage pre-paid, this 24th day of June, 2011, upon the following: Dusan Bratic, Esquire 1010 South U. S. Route 15 Dillsburg, PA 17019 obert E. apper, Jr. Daniel J. Twilla IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Stephen M. Hake, Sr. Plaintiff V. Progressive Northern Insurance Company a/k/a Progressive Insurance Company CIVIL DIVISION No. 07-5427 Civil Term o c rr.. s u?_. C?o NOTICE OF FILING OF NOTICE!',, .ca OF REMOVAL n ' . Defendant Filed on behalf of Defendant Progressive Northern Insurance Company aWa Progressive Insurance Company Counsel of Record for this Party: Robert E. Dapper, Jr. Pa. I.D. # 46378 E-mail: rdappernd3bk.com Daniel J. Twilla Pa. I.D. # 93797 E-mail: dtwillaka d3bk.com Dapper, Baldasare, Benson, Behling, & Kane, P.C. Four Gateway Center 444 Liberty Avenue, 10th Floor Pittsburgh, PA 15222 (412) 456-5555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Stephen M. Hake, Sr., Plaintiff CIVIL DIVISION No. 07-5427 Civil Term V. Progressive Northern Insurance Company a/k/a Progressive Insurance Company, Defendant NOTICE OF FILING OF NOTICE OF REMOVAL AND NOW comes the Defendant, Progressive Northern Insurance Company a/k/a Progressive Insurance Company, by and through its attorneys, Dapper, Baldasare, Benson, Behling & Kane, P.C., and states that a Notice of Removal has been filed with the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1441 et seq. A true and correct electronically time-stamped copy of the Notice of Removal is attached hereto as Exhibit A. Respectfully submitted, DAPPER, BALDASARE, BENSON, BEHLING & KANE, P.C. BY Daniel Twi a Counsel for Defendant Progressive Northern Insurance Company a/k/a Progressive Insurance Company Exhibit A Case 1:11-c\1650-YK Document 1 Filed 09/01 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA STEPHEN M. HAKE, SR., No. Plaintiff, vs. PROGRESSIVE NORTHERN INSURANCE COMPANY a/k/a PROGRESSIVE INSURANCE COMPANY, Defendant. NOTICE OF REMOVAL NOW, comes the Defendant, Progressive Northern Insurance Company a/k/a Progressive Insurance Company ("Progressive"), by and through its attorneys, Dapper, Baldasare, Benson, Behling & Kane, P.C., and files this Notice of Removal pursuant to 28 U.S.C. § 1441, et seq. Progressive submits that the United States District Court for the Middle District of Pennsylvania has original diversity jurisdiction over this civil action and this matter may be removed to the District Court in accordance with the procedures provided at 28 U.S.C. § 1446. In further support of this Notice of Removal, Progressive states as follows: 1. Plaintiff, Stephen M. Hake, Sr., filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania on August 4, 2011. A true ?Q 0 S Case 1:11-c\ l650-YK Document l Filed 09/01 7 Page 2 of 6 and correct copy of Plaintiff's Complaint and Notice to Defend are attached hereto as Exhibit A. 2. Progressive received a copy of the Complaint on August 8, 2011. 3. In addition to the Complaint, the following documents were filed in connection with the State Court action: • Praecipe for Summons and Summons in Civil Action; • Praecipe to Reissue Writ of Summons; e Sheriff's Return of Service; • Statement of Intention to Proceed; • Praecipe for Appearance of Daniel J. Twilla; a Praecipe for Appearance of Robert E. Dapper, Jr.; Praecipe for Rule to File Complaint and Rule to File Complaint. (Collectively attached hereto as Exhibit B.) 4. Upon information and belief, the documents attached hereto as Exhibits "A" and "B" constitute all of the pleadings, process, and Orders filed in connection with the state court action. 5. Plaintiff, Stephen M. Hake, Sr., is an adult individual residing in Cumberland County, Pennsylvania. Both at the time Plaintiff initiated this action and this removal, Plaintiff was a citizen of Pennsylvania. Case 1:11-m )650-YK Document l Filed 09/01. Page 3 of 6 6. Progressive Northern Insurance Company is not a Pennsylvania corporation, nor does Progressive Northern Insurance Company have its principal place of business in Pennsylvania. 7. Progressive Northern Insurance Company is an Ohio corporation with its principal place of business in Ohio with an address of 6300 Wilson Mills Road, Mayfield Village, OH 44143. 8. Both at the time Plaintiff initiated this action and this removal, Progressive Northern Insurance Company was a citizen of Ohio. 9. Progressive Insurance Company is not a legal or corporate entity capable of being sued. 10. Plaintiff alleges that Progressive has breached an insurance contract which provides coverage for first party medical expenses in the amount of $100,000. 11. In addition, Plaintiff claims entitlement to attorneys' fees for breach of contract pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa.C.S.A. § 1701, et seq. 12. Furthermore, Plaintiff alleges that Progressive acted in bad faith and Plaintiff is entitled to recover interest on all medical benefits terminated and/or delayed and/or denied, punitive damages, and counsel fees and costs. Case 1:11-c% )650-YK Document l Filed 09/01. Page 4 of 6 13. Plaintiff also claims that he is entitled to treble damages and attorneys' fees for Progressive's alleged violation of the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"). 14. Accordingly, because Plaintiff seeks damages for breach of contract in the amount of $100,000, plus treble damages, attorneys' fees, and punitive damages for bad faith, the amount in controversy exceeds the jurisdictional requirement of $75,000. 15. Since Plaintiff and Progressive are citizens of different states, and because the amount in controversy exceeds $75,000, the United States District Court for the Middle District of Pennsylvania has original jurisdiction over this matter. See 28 U.S.C. §1332. 16. Section 1332 confers original jurisdiction over all civil matters where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states. 17. Progressive submits that this matter may be removed to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 1441, which permits removal of any civil action to the District Courts that have original jurisdiction. Case 1:11-c% )650-YK Document l Filed 09/01 Page 5 of 6 18. All Defendants, including Progressive Northern Insurance Company and Progressive Insurance Company, consent to, and join in, this Notice of Removal. WHEREFORE, Defendant, Progressive Northem Insurance Company a/k/a Progressive Insurance Company hereby removes this civil action to the United States District Court for the Middle District of Pennsylvania, pursuant to 28 U.S.C. §1441. Respectfully submitted, DAPPER, BALDASARE, BENSON, BEHLING & KANE, P.C. By: /s/ Robert E. Dapper, Jr. Robert E. Dapper, Jr. PA I.D. #46378 rdapper(a,d3bk.com Daniel J. Twilla Pa. I.D. # 93797 dtwillaa,d3bk.com Four Gateway Center, 10'' Floor 444 Liberty Avenue Pittsburgh, PA 15222 (412) 456-5555 (Counsel for Defendant Progressive Northern Insurance Company a/k/a Progressive Insurance Company) Case 1:11-c\, )650-YK Document 1 Filed 09/01. Page 6 of 6 CERTIFICATE OF SERVICE The undersigned does hereby certify that on September 1, 2011, the within NOTICE OF REMOVAL was filed electronically. Notice of this filing will be sent to all Parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. /s/ Robert E. Dapper, Jr. Robert E. Dapper, Jr. Daniel J. Twilla Case 1:11-cv-C 0-YK Document 1-1 Filed 09/01 Page 1 of 42 EXHIBIT A Case 1:11-cv-C 0-YK Document 1-1 Filed 09/01 ) Page 2 of 42 Dusan Bratle, Esq. ID: 19249 Bratic & Portko 101 South US Route 15 Dillsburg, PA 17019 Tel: 717-432-9706 Fax: 717-432-9220 Attorney for Plaintiff F1LE0-OFFICE C r THE PROTHONOTAN { 7011 AUG -I+ AN 10' 3S CUMBERLAND COUNT' 0ENNSYLVANI A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V. CIVIL ACTION: 07-5427 Civil Progressive Northern Insurance Company AWA Progressive Insurance Company DEFENDANT 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 attomey and fling in writing with the court your defenses or objections to the claims set forth against you. You are warned that 9 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. You may lase 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 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 (7117) 240-3166 r) Case 1:11-cv-C 0-YK Document 1-1 Filed 09/01 Page 2 of 42 Dusan Bratic, Esq. ID: 19249 Bratic & Portko 101 South US Route 15 Dillsburg, PA 17019 Tel: 717-432-9706 Fax: 717-432-9220 Attorney for Plaintiff HLED-OFFICE , rF THE QROTHONOTAR f 7911 AUG -I+ AM IC- 35 CUMBERLAND C011NTf IOENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V. Progressive Northern Insurance Company A/K/A Progressive Insurance Company DEFENDANT CIVIL ACTION: 07-5427 Civil 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 ling in writing with the court your defenses or objections to the claims set forth against you. You are warned that 9 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. 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 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 (M) 249-3166 r) Case 1:11-cv-C 0-YK Document 1-1 Filed 09/01 , Page 3 of 42 AVISO Le han demandado a usted on is corts. Si usted quiere dokr4erse de estas demandas expuestas on law paginas siguiantes, usted tiene veinte (20) dias de plaza ai partir de la fecha de la demand& y la noWicadon. Hace falta aserrtar una compar+encia escrits o en persona o con un abogado y entregar a la torte on forma escrita sus de%nsas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se deflende, is torte tomara medidas y puede continuer ia'demanda an contra suya sin previc aviso o notificacion. Ademas, la corte puede decidir a fever del demandante y requiem quo usted cumpla con torus law provlsiones de esta dernanda. Usted puede perder dinero o sus propledades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INIIEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR 'IELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Case 1:11-cv-C 0-YK Document 1-1 Filed 09/01 ) Page 4 of 42 Dusan Brartic, Esq. ID: 19249 Bratic & Portko 101 South US Route 15 Dillsburg, PA 17019 Tel: 717-432-9706 Fax: 717-432-9220 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V_ CIVIL ACTION: 07-5427 Civil Progressive Northern Insurance Company A/K!A Progressive Insurance Company DEFENDANT COMPLAINT COMES NOW, Plaintiff, by and through his attomeys, Dusan Bratic, Esquire of Bratic & Portko, and hereby files the following Complaint against the above-named Defendants and avers as follows:. 1. Plaintiff, Stephen M. Hake, is an adult and competent individual who currently resides at 230R Spring Lane, Enola, Cumberland County, PA 17025. 2. The Defendant, Progressive Northern Insurance Company is believed to be an Ohio corporation, with principal offices at 6085 Parkland Blvd., E P 3, Mayfield Heights, OH 44124. Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01, Page 5 of 42 3. The Defendant Progressive Northam Insurance Company has a non- resident insurance license to conduct business in Pennsylvania. 4. The Defendant Progressive Insurance Company is believed to be a Pennsylvania Corporation, that is a subsidiary or affiliate of Defendant Progressive Northern Insurance Company {both companies, individually and/or combined, hereinafter referred to as Progressive and/or "INSURER', with principal offices at 5165 Campus Drive, Plymouth Meeting, PA 19462-1135. 5. The Defendant Progressive Insurance Company is licensed to conduct business in Pennsylvania. 6. Both Defendants regularly conduct business in Pennsylvania and as such are subject to Pennsylvania Law. 7. Defendants are identified on documents related to the below-referenced policy of insurance, specifically on the policy of insurance itsefF and correspondence relating to the same. 8. Defendants are identified on documents related to the below-referenced claim made on the policy. 9. It is believed and averred that the Defendants, aged as Plaintiff's insurer at all times relevant to Plaintiffs claims discussed below. 10. Defendant Progressive Insurance Company, licensed to do business within the Commonwealth of Pennsylvania, did in fact at all times relevant to this complaint, conduct business activities, to wit selling policies, adjusting claims, accepting premiums and conducting other insurance activities in Cumberland County, Pennsylvania. Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01. Page 6 of 42 11. At all times material hereto, INSURER acted by and through their agents, ostensible agents, servants and employees, acting in the course and scope of their agency and/or employment, for whose conduct INSURER is liable, vicariously or otherwise. 12. Defendant INSURER, Progressive violated their statutory, common law and/or contractual duty of good faith and fair dealing to provide Plaintiff with a fair, reasonable, timely and competent evaluation and payment of Plaintiffs first party and I wage loss claims. 13. Defendant INSURER, Progressive had a duty to give Plaintiff's interests, at a very minimum, the same faithful consideration that they gave their own interests. 14. At all times material hereto, Defendants INSURER, Progressive maliciously, intentionally and in bad faith, put their own interests far above the interests of Plaintiff. 15. Defendant INSURER, Progressive focused upon said Defendants' own economic considerations to limit or delay payment on Plaintiff's claims causing damages to Plaintiff, as discussed herein, inter alia, by delaying any recovery on Plaintiffs claims and by subjecting Plaintiff to unnecessary expenses as well as causing delays in treatment. FACTUAL BACKGROUND 16. Plaintiff herein incorporates by reference all of the averments of this Complaint as if same were set forth at length herein. 17. On or about September 16, 2002, Plaintiff was involved in a motor vehicle accident in which he sustakied personal injuries, hereinafter referred to as "accident". At Case 1:11-cv-G 0-YK Document 1-1 Filed 09/01. Page 7 of 42 that time Plaintiff was then forty-nine (49) years of age, in fair health, with none of the infirmities or maladies he sustained in this accident. 18. Prior thereto, Defendant INSURER issued a policy of automobile insurance to the insured, with policy number 56006587-0 (the Policy"). The Policy was in effect from 4/8/2002 through 10/8/2002, which includes the date of accident of September 16, 2002. The Plaintiff was a covered driver on said policy. 19. Pursuant to the terms and conditions of the Policy, Plaintiff was an insured on a full tort option. The Policy provided for $100,000 in medical benefits, $25,000 in wage loss benefits. (A copy of the policy is in the possession of Defendant INSURER). A copy of the declaration sheets is attached as Exhibit A. 20. At the time of the accident, Plaintiff was the operator of a 1987 Chevrolet Cavalier, which he owned and which was insured under the Policy. 21. The accident occurred as Plaintiff was driving his automobile on Wertzville Road near Ores Bridge Road, Hampden Township, Cumberland County, Pennsylvania, when Thomas F. Manning, III crashed into the rear of Plaintiffs vehicle, pushing Plaintiffs vehicle into the vehicle in front of it. 22. The proximate cause of the accident was the negligent operation of the vehicle by Thomas F. Manning, Ill. 23. Mr. Manning was 100% liable for the foregoing accident. 24. Plaintiff bears no legal liability for the foregoing accident. 25. Plaintiff's vehicle was severely damaged and was totaled as a result of the accident. Case 1:11-cv-C 0-YK Document 1-1 Filed 09/01 Page 8 of 42 26. Shortly after the accident, Plaintiff began treating with Dr. Dow Brophy for the injuries he suffered in the auto accident. 27. Thereafter Dr. Brophy ordered x-rays and diagnosed the Plaintiff with back, neck and left shoulder injuries. 28. Upon the recommendation of Dr. Brophy, Plaintiff underwent a series of physician referrals for injuries sustained in this accident, including: a) Dr. John H. York, who diagnosed Plaintiff with inter alia, lumbar and cervical hemiations and who performed a lumbar discectomy. b) Dr. Nelson Hendler, Director of the Mensana Clinic, who diagnosed the Plaintiff with cervical, thoracic and lumbar injuries as well as injuries to his shoulder and bilateral thoracic outlet syndrome. c) Dr. Mark Holenclk, who diagnosed Plaintiff with substantially the same problems as Dr. Hendler. d) Dr. Avraam Karas, who diagnosed Plaintiff with severe bilateral thoracic outlet syndrome. e) Dr. Marcell Reisher, M.D., who diagnosed chronic changes in C6-7 distribution bilaterally. f) Dr. Edward Violago, who diagnosed acute C6-7 radiculopathy. g) Non-Invasive Vascular Associates, who diagnosed bilateral vascular compression. h) Dr. Garcia Etienne, who diagnosed Plaintiff with spine injuries, left shoulder impingement and AC joint disfuncion. i) Dr. Reginald Davis who diagnosed cervical disc herniations. Case 1:11-cv-C b0-YK Document 1-1 Filed 09/01 Page 9 of 42 29. Upon the recommendation of his treating physicians, Plaintiff has undergone multiple forms of treatment in an effort to treat his injuries and symptoms resulting from the accident, including a home exercise program, massage therapy and chiropractic therapy, thoracic outlet syndrome surgery, and including the taking of medications to ameliorate his pain. 30. As a result of September 16, 2002 accident described above, Plaintiff suffered numerous serious injuries and aggravation thereof, including but not limited to: a) extension flexion injuries; b) back strain; c) Injuries to his back, with left leg pain and tingling; d) neck injuries; e) left shoulder injuries; f) left arm injuries; g) back pain; h) headaches; i) muscle spasms; j) trigger points; k) limitation of cervical range of motion; i) loss of strength in his left arm and left shoulder pain; m) sleep difficulties; n) cervical discogenic syndrome; o) thoracic radiculkis; p) such other injuries as reported in the medical records. Case 1:11-cv-0, 0-YK Document 1-1 Filed 09/01/ Page 10 of 42 MEDICAL PAYMENT COVERAGE 31. Plaintiff incorporates herein by reference all of the averments of this Complaint as if same were set forth at length herein. 32. The Plaintiff believes that his health care providers all submitted their medical bills, relating to their care of Plaintiff for injuries sustained in the auto accident, to Progressive promptly after services were rendered. 33. INSURER has failed to pay medical bills promptly in accordance with the MVFRL and its regulations after the bills were submitted to it. 34. The Defendant INSURER lacked a reasonable basis to refuse to pay Plaintiffs first party medical benefits and knowingly and recklessly disregarded the payment of said bills in violation of the Motor Vehicle Financial Responsibility Law. 35. It is believed and averred that INSURER has an improper policy and practice to look for and, in fact, devise ways to deny coverage when insureds make claims for first party medical benefits against policies that include higher amounts of first party benefits, including policies such as Plaintiffs that include $100,000 in first party benefits. 36. The Defendant knowingly and intentionally failed to pay for Plaintiffs pain medications when it knew or should have known that to do so would cause the Plaintiff great pain, anguish and discomfort. 37. There was no bona fide controversy as to the nature of Plaintiffs injuries. 39. During the course of Plaintiffs treatment, he received reasonable and necessary medical treatment from the health care providers listed in the preceding paragraphs and other health care providers and throughout his treatment, the health care Case 1:11-cv-0 0-YK Document 1-1 Filed 09/011 Page 11 of 42 providers, in accordance with the requirements of Act 8 Amendment to the Pennsylvania Motor Vehicle Financial Responsibility Law, submitted bilk on a timely basis for medical services to Defendant INSURER. 39. The treatment Plaintiff has been forced to undergo since the time of the accident is and has been medically reasonable and necessary; was causally related to the accident; and the His generated from such treatment have been fair and reasonable. 40. Defendant INSURER initially only paid some of the medical bills associated with Plaintiffs treatment and refused to pay for other treatments and medical care that were deemed necessary by his treating doctors. 41. Defendant INSURER continuously denied and delayed payment of medical bills submitted by Plaintiff and his medical providers for treatment for injuries sustained in the September 16, 2002 accident, even though payment was due under the aforementioned policy of insurance. Said denials were improper in that the denials were untimely, without foundation and contrary to the Pennsylvania Motor Vehicle Financial Responsibility Law and insurance regulations and the INSURER policy. 42. Defendants INSURER had no reason to believe that Plaintiffs treatment was not medically necessary, but instead were intentionally trying to cut off payment of Plaintiffs medical bills for which insurance coverage Plaintiff paid the requested and appropriate insurance premiums. 43. As a result of the aforementioned automobile accident, Plaintiff was deprived of medical services for a substantial period of time, including surgery for bilateral TOS and for cervical discectomy and fusion. Case 1:11-cv-0 )0-YK Document 1-1 Filed 09/011 Page 12 of 42 44. As a result of INSURER'S refusal to pay the benefits justly due and owing under the policy of insurance it issued to the Plaintiff, Plaintiff has been forced to expend his own monies to pay for some medical treatment at a time he was not able to work and during which period he had little income, as well as delay treatment causing him great pain and suffering. 45. As a result of INSURER'S refusal to pay for Plaintiffs medical treatment related to the September 16, 2002 accident, Plaintiff had to forgo necessary medical procedures and do without pain medications. 46. INSURER and/or ADJUSTER'S delay and refusal to pay for Plaintiffs treatments on a timely basis has caused Plaintiff severe emotional distress, inconvenience, financial burden and aggravation. 47. As a result of Defendants' improper refusal to pay Plaintiffs medical bills as aforesaid, Plaintiff was forced to hire the services of an attorney to collect for medical bills due and owing and to restore payment for medical bills. Therefore, pursuant to §1716 of the Pennsylvania Motor Vehicle Financial Responsibirdy Law, Plaintiff is entitled to attorney fees (in the event the insurer is found to have aged in an unreasonable manner in refusing to pay the benefits when due) and Defendant INSURER must pay 129 interest per annum from the date the benefits became due. 48. It is further avenged that under §1798 of the Pennsylvania Motor Vehicle Financial Responsibility Law, in the event that an insurer is found to have acted with "no reasonable foundation," it is also liable for attorney fees. 49. Defendant INSURER has undertaken a course of action that is wanton and reckless, and designed to unilaterally and without proper justification refuse to pay for Case 1:11-cv-0 0-YK Document 1-1 Filed 09/011 Page 13 of 42 Plaintiffs claim for medical benefits and caused Plaintiff to become personally responsible for medical bias arising out of the maintenance or use of a motor vehicle in contradiction of the terms of the contract, the Pennsylvania Motor Vehicle Financial Responsibility Law and the case law of the Commonwealth of Pennsylvania. 50. Defendant INSURER failed to follow the Peer Review process of the Pennsylvania Motor Vehicle Financial Responsibility Law, including but not limited to §1797 and 31 Pa. Code 69.52(b) by not paying Plaintiff's medical bills within 30 days of the receipt of the bills and/or not timely requesting the Peer Review within 90 days after receipt of the provider's bills and/or after receiving sufficient documentation supporting the bill. 51. Defendant INSURER falled to follow Peer Review process of the Pennsylvania Motor Vehicle Financial Responsibility Law, including but not limited to §1797 and 31 Pa. Code 69.52(c), by failing to have the Peer Review request documentation from the provider and affording the provider the opportunity to discuss the case with the reviewer prior to the final determination and/or in the altemadve to use a peer review organization that had a history of stacking such reviews in favor of the insurer and in not following legal protocols for peer review work. ADDITIONAL GENERAL AVERMENTS 52. Plaintiff incorporates herein by reference all of the averments of this Complaint as if fully set forth herein at length. 53. Plaintiff paid all premiums associated with the aforementioned policy of insurance. Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01 ) Page 14 of 42 54. Plaintiff purchased automobile insurance with a significant amount of first parry medical and wage loss benefits, so that, in the event he was involved in an accident, his medical bills and wage losses resulting from the accident would be paid. 55. Plaintiff purchased automobile insurance with a significant amount of first party medical and wage loss benefits to gain the peace of mind that his medical bills and wage losses would be covered financially in the event of an accident. 56. Defendant INSURER represented to Plaintiff, inter alla, that INSURER would pay up to $100,000 in first party benefits for accident related injuries and $25,000 in wage loss benefits as part of the coverage available under the aforementioned policy of insurance. 57. Plaintiff relied upon INSURER's promise to provide up to $100,000 in first. party medical benefits and $25,000 in wage loss benefits when he purchased the aforementioned policy of insurance, and submitted payment of the premiums for said policy. 58. INSURER'S representations to Plaintiff were material to the agreement between INSURER and Plaintiff, in that Plaintiff would not have purchased and paid premiums for the policy of insurance if said coverage, inter alia, was not included therein, or if Plaintiff believed INSURER would not honor its obligations under the policy. 59. Plaintiffs reliance on the representations from INSURER was justified. 60. Contrary to the terms of the automobile insurance policy issued by INSURER to Plaintiff and in violation of the law, statutes, and regulations of the Commonwealth of Pennsylvania INSURER, AND ADJUSTER: a) Failed to pay Plaintiff's submitted medical billis contrary to the Motor Vehicle Financial Responsibility Law and regulations; Case 1:11-cv-0 0-YK Document 1-1 Filed 09/011 Page 15 of 42 b) Fair to promptly pay Plaintliffs submitted medical bills contrary to the Motor Vehicle Financial Responsibility Law and regulations; c) Failed to pay Plaintrff's submitted medical bills within thirty (30) days after INSURER's receipt of same contrary to 75 Pe.C.S.A. §1716; d) Acted in an unreasonable manner in refusing to pay and/or delaying payment of Plaintiffs submitted medical bills when due, contrary to 75 Pa. C.S.A. §1716; e) Acted with no reasonable foundation in refusing to pay and/or delaying payment of Plaintiffs submitted medical bills when due, contrary to 75 Pa. C.S.A. §1798; f) Failed to properly challenge Plaintiffs requested payment of medical bills by PRO process within ninety (90) days of INSURER's receipt of Plaintiffs medical bills, contrary to 75 Pa.C.S.A. §1797(b); g) Failed to properly make payment on Plaintiff's submitted medical bills after the 30s' day, when sold medical bilk were not properly referred to a PRO within thirty (30) days of Defendants' receipt of said bills, contrary to 31 Pa. Code § 69.52(b); h) Failed to provide the Peer Review reports to Plaintiff and the medical providers within the firm frame set forth in 75 Pa. C.S.A. 1797 and 31 Pa.Code 69.51; i) Violated 75 Pa.C.SA. § 1797 and the corresponding regulations at 31 Pa.Code 69.51 et seq. governing Pear Review procedures and/or improperly attempting to circumvent these requirements; j) Excessively delayed the processing and payment of Plaintiffs submitted medical bills and wage loss benefits without reasonable justification; k) Made a frivolous and/or unfounded refusal to pay Plaintiffs submitted medical bills; 1) Denied and/or improperly delayed payment of Plaintiffs submitted medical bills without a reasonable basis and knew of or recklessly disregarded their lack of a reasonable basis in denying and/or improperly delaying payment of said medical bills; m) Failed to comply with the terms of the automobile insurance policy that INSURER issued to Plaintiff with regard to the payment of first party medical benefits; Case 1:11-cv-0 ?)0-YK Document 1-1 Filed 09/01, " Page 16 of 42 n) Intentionally put Plaintiff's health and financial status in jeopardy by improperly denying and/or improperly delaying payment of Plaintiffs submitted medical bills; o) Failed to conduct a timely and thorough investigation before denying and/or improperly delaying payment of Plaintiffs submitted medical bills; p) Misled Plaintiff as to the insurance coverage (medical benefits) availlable and owed to her under the aforementioned automobile insurance policy; q) Failed to objectively and fairly evaluate Plaintiffs first party medical benefit claims; r) Acting affirmatively and in bad faith so as to deny and/or improperly delay payment of Plaintiffs submitted medical bills and in delaying his wage loss benefits; s) Failed to adequately investigate Plaintiffs claim for first party benefits prior to denying the same; Q Failed to give equal consideration to paying Plaintiff's first party medical benefits as to the consideration given to not paying said benefits; u) Failed to timely investigate, evaluate, and pay Plaintiff's first party medical benefits claims; v) Engaged in dilatory and abusive claims handling practices with regard to Plaintiff's medical benefits claims; w) Assumed a fiduciary obligation and then failed to carry out the performance of said fiduciary obligation in good faith; x) Breached their duties of good faith and fair dealing; V) Placed their interests over their insured; z) Engaged in an effort to delay, dissuade, and obfuscate Plaintiff's rightful first party medical benefits claims; aa)Acted in a manner that was frivolous and motivated by self-interest and ill-will with respect to Plaintiff's first party medical benefits claim; bb)Ignored the multiple and corroborating diagnoses and opinions of Plaintiff's treating physicians in denying and/or delaying Plaintiffs first party medical claims and treatments; Case 1:11-cv-0 )O-YK Document 1-1 Filed 09/01, Page 17 of 42 cc) Made intentional and/or negligent misrepresentations concerning Plaintiffs entitlement and/or non-entitlement to first party medical benefits and the reasons for terminating or improperly delaying payment of Plaintiffs first party medical benefits; dd) Denied paying medical bills and denied Plaintiff medical treatment, despite medical corroboration from Plaintiffs treating physicians that Plaintiffs injuries and treatment were reasonable, necessary and related to the accident, without any competent contrary medical opinions and without conducting a reasonable, proper and fair investigation; ee)Misrepresented pertinent facts or policy or contract provisions relating to coverages at issue, in violation of 40 P.S. 1171.5; ff) Failed to adopt and implement reasonable standards for the prompt investigation of Plaintiffs first party medical benefits claims, contrary to 40 P.S. §1171.5; gg)Refused and/or improperly delayed payment of Plaintiffs submitted medical bills without conduc Ping a reasonable investigation based upon all available information, contrary to 40 P.S. §1171.5; hh)Delayed investigation or payment of claims by requiring Plaintiff and his physicians to submit information containing substantially the same information, in violation of 40 P.S. 1171.5; ii) Failed to promptly provide Plaintiff with a legally justifiable explanation of the basis in the insurance policy in relation to the facts or applicable law for their denial of and/or delayed payment of Plaintiffs first party benefits claim, contrary to 40 P.S. §1171.5; jj) Failed to fully disclose to Plaintiff the benefits, coverages or other provisions of the insurance policy under which a claim is presented and/or which are pertinent to a claim, in violation of 31 Pa.Code 146.4; kk) Failed to complete their investigation of Plaintiffs first party medical benefits within thirty (30) days, contrary to 31 Pa. Code §146.6; II) Failed to properly notify Plaintiff in writing that INSURER's investigation of her first party medical benefits and/or wage loss claims would not be able to be completed within thirty (30) days, and failed to provide such notice in writing every forty-five (45) days thereafter, with a reasonable explanation for the delay and a statement as to when a decision on the claim could be expected, contrary to 31 Pa. Code §146.6; Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01, Page 18 of 42 mm) Improperly denied and/or improperly delayed payment on Plaintiffs first party medical benefits claims on the grounds of a specific policy provision, condition or exclusion in contravention of Pennsylvania Law, nn)Failed to provide Plaintiff with written notification initially within thirty (30) days and every forty-five (45) days thereafter that additional tires was needed for their investigation as to Plaintiffs first party medical benefits claims and further failing to state their reasons therein as to why additional time was needed and when a decision on the claim could be expected, all contrary to 31 Pa. Code §146.7; oo)Caused likelihood of confusion or misunderstanding as to the source, sponsorship, approval or certification of goods or services, in violation of 73 P.S. 201-2(4)(ii); pp)Caused likelihood of confusion or misunderstanding as to the affiliation, connection or association with, or certification, by another, in violation of 73 P.S. 201-2(4)(iii); gq)Represented that goods or services had sponsorship, characteristics, or benefits that they do not have, in violation of 73 P.S. 201-2(4)(v); rr) Represented that goods or services are of a particular standard, quality or grade when they are of another, in violation of 73 P.S. 201- 2(4)(vii); ss) Advertised goods or services with the intent not to sell them as advertised, in violation of 73 P.S. 201-2(4)(1x); ft) Failed to comply with the terms of a written guarantee given to Plaintiff in the automobile insurance policy contract, contrary to 73 P.S. 201-2 (xiv); uu)Engaged in fraudulent and/or deceptive conduct, which created a likelihood of confusion or of misunderstanding, contrary to 73 P.S. §201-2 (4) (xxi). 61. INSURER knowingly, willfully and/or recklessly refused and failed to comply and/or violated not only the terms and conditions of the automobile insurance policy issued to Plaintiff, including, but not limited to the policy's implied covenants of good faith and fair dealing, but also the duties imposed by virtue of the statutes of the Commonwealth of Pennsylvania Including, but not limited to, the Pennsylvania Unfair Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01, Page 19 of 42 insurance Practices Act, 40 P.S. § 1171, at seq; the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201, at seq; and the regulations of the insurance department of the Commonwealth of Pennsylvania, including but not limited to 31 Pa. Code §141.6, et seq; the bad faith statute, 42 Pa.C.S.A. § 8371 and/or otherwise violated the fiduciary, contractual and statutory duties that said Defendants are required to comply with under Pennsylvania common law in dealing with Plaintiff. 62. As a result of the conduct described above, Plaintiff has unnecessarily incurred legal expenses, costs and lost interest otherwise available, together with related physical discomfort, emotional distress, embarrassment and humiliation associated with INSURER's failure to pay and/or promptly pay Plaintiffs submitted medical bills and wage loss. 63. Defendant INSURER denied and/or delayed payment of Plaintiffs first party medical benefits, thereby allowing INSURER to enjoy the time value of said funds and despite the fact that Defendants knew, or should have known, that said benefits should have been paid. 64. The conduct of INSURER was wanton, rec idess, malicious and in bad faith. 65. Defendant INSURER had and have fiduciary, contractual, common law and/or statutory duties towards the Plaintiff to handle his claims in good faith, fair dealing and with due care in order to arrive at a prompt, fair and equitable settlement of the claims. 66. At all times material hereto, INSURER maliciously, intentionally and consistently put their interests and objectives over the interests of Plaintiff, all to his great detriment and loss. Case 1:11-cv-0 \0-YK Document 1-1 Filed 09/01, ) Page 20 of 42 67. Defendant INSURER denied payment of Plaintiff's first party medical benefits, delayed payment of Plaintiff's first party benefits and failed to pay all benefits due and owing, despite the fact that Defendant INSURER had information in their possession and/or the ability to acquire information at the time such first party benefits were due and owing. 68. Defendant INSURER violated its statutory, common law and/or contractual duty of good faith and fair dealing to pay Plaintiffs first party benefits. 69. Defendant INSURER were obliged to and had undertaken the responsibility for making a reasonable and fair evaluation of Plaintiff's first party claims in good faith and fair dealing and breached this duty by failing to make a reasonable, timely and/or fair evaluation of Plaintiffs first party claims. 70. Defendant INSURER had a duty to give Plaintiffs interests, at a very minimum, the some faithful consideration that they gave their own interests. 71. At all times material hereto, Defendant INSURER maliciously, intentionally and in bad faith, put their own interests far above the interests of Plaintiff. 72. Defendant INSURER focused upon said Defendants' own economic considerations to limit or delay payment on Plaintiff's claims causing damages to Plaintiff, as discussed herein, inter alia, by denying and/or delaying Plaintiffs first party medical benefits claims and by subjecting Plaintiff to unnecessary expenses. 73. In violation of the policy and the laws of the Commonwealth of Pennsylvania, Defendant INSURER without legal justification, unreasonably and unfairly denied and/or delayed payment of first party medical benefits otherwise justly due and owing. 74. As a result of the conduct described above, Plaintiff has also unnecessarily Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01, Page 21 of 42 incurred legal fees, costs and lost interest otherwise available together with related economic loss, financial hardship, physical discomfort, emotional discomfort and humiliation, as well as the time, expense, aggravation and distress of litigation and out- of-pocket damages, and ruination of his credit rating as a result of unpaid medical bills being turned over to credit bureaus and/or collection agencies, associated with the Defendants' delay and/or refusal to pay first party medical and wage loss benefits, caused by Defendants' unwarranted, unreasonable and bad faith delay. 75. The foregoing conduct by the Defendant INSURER evidences a reckless disregard to the rights of Plaintiff herein. 76. Plaintiff has fully complied with all of the terms and conditions of the subject policy of insurance and all conditions precedent and subsequent to the Plaintiffs right to recover under the policy have been performed or have occurred, yet the Defendant has refused, without legal justification or cause, and continue to refuse and/or delay the payment of first party benefits due and owing to Plaintiff, as a result of the September 16, 2002 accident. COUNTI BREACH OF CONTRACT 77. Plaintiff hereby incorporates all the averments of this Complaint as if same were set forth at length herein. 78. Pursuant to the terms of the foregoing automobile insurance policy, Defendant INSURER was obliged to provide first party medical and wage loss benefits to Plaintiff in Case 1:11-cv-0 )O-YK Document 1-1 Filed 09/01, Page 22 of 42 accordance with the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 76 Pa. C.S.A. §1701, et seq. 79. INSURER'S refusal to pay Plaintif'f's first party medical benefits constitutes a breach of contract. 80. INSURER'S delay and failure to make payment of Plaintiffs first party medical benefits and failure to fully approve medical benefits due and owing, including ongoing medical benefits, constitutes a breach of contract. 81. As an expressed or implied term within this agreement, Defendant INSURER was required to exercise the utmost good faith and fair dealing in its handling of Plaintiffs claims under this insurance contract. 82. Defendant, in the performance of said contract, owed Plaintiff a fiduciary duty to act in good faith and to use due care in the processing of Plaintiffs claim. 83. Defendant did not use or exercise good faith, fair dealing or due care with regard to Plaintiffs claim. 84. Defendant failed to properly or fairly evaluate Plaintiffs claims in breach of the foregoing contract. 85. The foregoing conduct by INSURER constitutes a breach of the contract of insurance with the Plaintiff by failing to honor the applicable coverage under the policy as required under Pennsylvania statutes and applicable case law and denying and/or delaying Plaintiffs claims submitted under the policy, as described at length above. 86. The foregoing conduct by INSURER also constitutes a breach of the policy's implied covenant of good faith and fair dealing and a material breach of contract. Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01. Page 23 of 42 87. The failure of INSURER to abide by the contract caused Plaintiff to incur expenses, suffer unnecessary delay and hardship in obtaining medical treatment, and otherwise sustain damages as further outlined herein that would have been avoided if INSURER had propedy and reasonably honored and complied with their statutory and contractual obligations. 88. Plaintiff has satisfied all of his legal obligations under this policy, including but not limited to conditions precedent and oondltlons subsequent required in the process of his first party benefit claim involving medical payment coverage. 89. As a result of INSURER'S breach of contract, Plaintiff was required to retain the services of an attorney to collect the medical benefits due and owing and to secure future medical treatment. Therefore, pursuant to §1716 of the Pennsylvania [Motor Vehicle Financial Responsibility Law, Plaintiff is entitled to attorney fees in the event that the insurer is found to have acted in an unreasonable manner in refusing to pay the benefits when due. It is also averred that the Defendant INSURER must also pay 12% interest. 90. it is further averred that under §1798 of the Pennsylvania Motor Vehicle Financial Responsibility Law, in the event that Defendant INSURER is found to have acted with "no reasonable foundation," it is also liable for Plaintiffs attorney fees incurred. 91. By their actions described herein, Defendants have undertaken a course of action which has been designed to unilaterally and without justification delay and refuse claims for medical treatment to Plaintiff so as to force Plaintiff in a position of extreme financial hardship and with the intention to cause the health care providers to stop rendering treatment to Plaintiff and thus not incur further medical services for which Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01, Page 24 of 42 Defendants would be liable for, in contradiction of the terns of the insurance contract, the Pennsylvania Motor Vehicle Financial Responsibility Law and the case law of the Commonwealth of Pemsylvania. 92. The breach of contract by INSURER was of such a kind that serious emotional disturbance, which was caused by his Inability to treat in a timely manner and to obtain pain medications. The INSURER also failed to pay his medical bills in accordance with the contract and law, which caused damage to his credit rating, and created economic detriment, all of which should have been foreseeable to the INSURER. 93. As a result of the Defendanfs breach of its duty under the foregoing automobile insurance policy and Pennsylvania law, Plaintiff has suffered actual and consequential damages. 94. The aforesaid described conduct engaged in by Defendant was wanton, reckless, malicious and in bad faith. 95. The Defendant has breached its duty of good faith and fair dealing implied in every contract that neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of their contract. 96. The conduct, practices and activities of Defendant described herein constitute a material breach of their agreement to pay the benefits justly due and owing under the policy of insurance, and, further, constitute a material breach of the representations, statements and undertakings set forth hereinabove, and made expressly or implicitly a part of said agreement for which breach Plaintiff is entitled to recover damages. Case 1:11-cv-G 0-YK Document 1-1 Filed 09/01, ) Page 25 of 42 97. For the reasons set forth above, Defendant INSURER has violated the covenant of good faith and fair dealing in the insurance policy, in reckless disregard of the rights of Plaintiff, resulting in damages set forth above for which Defendants are liable. WHEREFORE, Plaintiff seeks judgment against the Defendant INSURER for compensatory damages, consequential damages and emotional distress and bad faith in an amount in excess of fifty thousand dollars ($50,000.00), together with interest, costs, attorneys fees and such other relief as is deemed necessary and proper. COUNT 11 BAD FAITH - 42 Pa. C.S.A. 66371 98. Plaintiff hereby incorporates all the averments of this Complaint as if same were set forth at length herein. 99. On or about February 7, 1990, the Governor of Pennsylvania signed into law 42 P.S. §8371, effective July 1, 1990, entitled "Actions on Insurance Policies" which provides a private cause of action for bad faith against insurance companies as follows: In an action arising under an insurance policy, if the Court finds that an insurer has acted in bad faith toward the insured, the Court may take al the following actions: 1. Award interest on the amount of the claims when the basic claim was made by the insured in an amount equal to the prime rate of interest plus 3%; 2. Award punitive damages against the insurer; 3. Assess costs and attorney fees against the insurer. 100. By virtue of the foregoing conduct, outlined at length above, Defendant INSURER knew or should have known it lacked reasonable basis to contest Plaintifrs first Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01. Page 26 of 42 party medical benefits, and persisted in a course of conduct designed to deny and/or delay Plaintiffs entitlement to first party medical benefits. As a result of Defendant's bad faith conduct and actions, Plaintiff is entitled to recover interest on all medical benefits terminated and/or delayed and/or denied; punitive damages against Defendant; reasonable counsel fees and costs incurred by Plaintiff in prosecuting this action. 101. By virtue of the foregoing conduct, outlined at length above, Defendant INSURER knew or should have known It lacked reasonable basis to contest Plaintiffs benefit claim, and persisted in a course of conduct designed to deny and/or delay Plaintiffs entitlement to first party benefits. As a result of Defendants' bad faith conduct and actions, Plaintiff is entitled to recover interest on said benefits; punitive damages against Defendants; reasonable counsel fees and costs incurred by Plaintiff in prosecuting this action. WHEREFORE, Plaintiff demands judgment against Defendant, INSURER Progressive in an amount in excess of fifty thousand ($50,000.00) dollars, including punitive damages, interest, attorneys fees, costs, and such other relief as is deemed necessary and proper. COUNT III 76 P.S. 92014 st am. 102. Plaintiff hereby incorporates all the averments of this Complaint as if same were set forth at length herein. 103.The purpose of the Consumer Protection Law, 73 P.S. 201-2 et seq., is to Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01. Page 27 of 42 "benefit the public at large by eradicating among other things, unfair or deceptive business practices. 104. At all times relevant hereto, each party hereto was a "person" as defined in Section 201-2(2) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73. P.S. Section 201-1 at seq. (hereinafter "CPL"). 105. At all times relevant hereto, Plaintiff was an insured under the Policy and in privity with the Defendant INSURER and Defendant specifically intended Plaintiff to rely upon the fraudulent conduct or whose reasonable reliance was specially foreseeable. 106. The afomseld automobile policy covered two vehicles and the insurance declaration sheet noted $100,000 in medical benefit coverages. 107. Plaintiff purchased the above described insurance coverage for the 1987 Chevrolet Cavalier, which vehicle he was using as his own vehicle and for personal and household purposes. 108. After Plaintiff was an insured under the policy, as set forth in greater detail above, which allegations are incorporated herein by reference, Defendant INSURER made misrepresentations, including affirmative misrepresentations and/or nondisclosures, that included each and/or all of the following: a) failing to disclose Defendants own economic interests and/or incentives with respect to denying Plaintiffs medical bills and/or wage loss; b) failing to disclose Defendant's policy of scrutinizing medical bills more closely and/or performing peer reviews and/or medical examinations more frequently in cases involving higher amounts of first party benefits such as those purchased by Plaintiff; c) failing to disclose Defendants motivations with respect to denying Plaintiffs first party medical benefits claims in order to cause Plaintiff to stop or restrict treatment; Case 1:11-cv-G 0-YK Document 1-1 Filed 09/01. Page 28 of 42 d) representing that they needed additional information to process Plaintiff's first party medical claims when said information was already known and/or available to them; e) misrepresenting their intentions with regard to payment of first party medical benefits and reasons for the denial of the same; f) representing that Defendants needed peer reviews and/or medical examinations with respect to Plaintiffs medical treatment; and/or conducting peer reviews with non-quak ied medical reviewers and/or medical reviewers that lacked the credentials to perform the medical procedures Plaintiff required; g) failing to disclose Defendants' motivations with respect to denying Plaintiffs first party medical benefits claims in order to cause Plaintiff to stop treatment or delay treatment; h) representing that they needed additional information to process Plaintiff's first party medical claim when said infomnation was already known and/or available to them; i) misrepresenting Plaintiff's entitlement and/or non-entitlement to first party medical benefits and the reasons for improperly terminating and/or delaying payment of the same; j) failing to pay for medical services in the timely manner provided for under the MVFRL or in the absence thereof to follow the remedies provided to INSURERS under the MVFRL 109. As set forth in greater detail above, which allegations are incorporated herein by reference, Defendant INSURER, by and through their agents, ostensible agents, servants and employees, made misrepresentations, including affirmative misrepresentations and/or nondisclosures, that included making misrepresentations concerning the requirements of the INSURER Policy. 110. The foregoing representations and omissions were material to Plaintiffs entitlement to have his medical bills paid under the first benefits in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. Case 1:11-cv-G 0-YK Document 1-1 Filed 09/01. Page 29 of 42 111. The above representations and/or non-disclosures by Defendant were false, and Defendant knew or should have known of their falsity at the time said representations were made and/or made the same with recklessness as to whether the representations were true or false, with the intent of misleading Plaintiff into relying upon them in order to induce Plaintiff to maintain insurance policies with Defendant and/or to cause Plaintiff to believe his benefits were being denied and/or delayed properly in order to keep Plaintiff from asserting his rights under the policy and Pennsylvania law and/or to cause Plaintiff to forego his right to first party benefits. 112. The conduct and actions by Defendant INSURER as outlined more fully above and incorporated herein by reference constitute unfair or defective practices including: (a) representing that the Plaintiff purchased $100,000 in first party benefits, $25,000 in wage loss benefits, when in fact, said promise was wholly illusory; (b) charging a premium based upon $100,000 in first party benefits, $25,000 in wage loss benefits, when in fact, Defendants would use any excuse or rationale, justified or not, to avoid fulfilling the contract with the Plaintiff; (c) representing that Plaintiff had $100,000 in first party benefits, $25,000 in wage loss benefits, when in fact, Defendants, without justification, refused to pay said benefits; (d) Passing off goods or services as those of another in violation of 73 P.S. 201 at seq; Case 1:11-cv-C 0-YK Document 1-1 Filed 09/01. Page 30 of 42 (e) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services in violation of 73 P.S. 201 et seq; (f) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or assoclation with, or certification by, another in violation of 73 P.S. 201 at seq; (g) Representing that goods or services have sponsorship, approval, characteristics, benefits, or quantities that they do not have or that a person has sponsorship, approved, status, affiliation or connection that they do not have in violation of 73 P.S. 201 et seq; (h) Advertising goods or services with intent not to sell them as advertised in violation of 73 P.S. 201 at seq; (i) Failing to comply with the terms of a written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services in violation of 73 P.S. 201 et seq; (j) Engaging in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding in violation of 73 P.S. 201 et seq. 113. At all times pertinent hereto, Plaintiff justifiably relied upon the representations of Defendant as detailed at length above. 114. The misrepresentations of Defendant led to the damages sustained by Plaintiff as described above. 115. The Consumer Protection Law, 73 P.S. 201-9.2, specifically provides for a Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01 Page 31 of 42 private cause of action to be brought by Plaintiff, who made a purchase primarily for personal, family, or household purposes and who suffered an ascertainable loss as a result of the use or employment by Defendant of a method, act or practice declared unlawful by the UTPCPL. 116. As a result of the conduct of INSURER, Plaintiff is entitled to maintain a private cause of action against Defendants pursuant to §201-9.2 of the Unfair Trade Practice and Consumer Protection Law. 117. Pursuant to §201-9.2(a) of the Unfair Trade Practices and Consumer Protection Law, Plaintiff is entitled to recover all of the damages set forth in the preceding paragraphs which are hereby incorporated by reference, plus treble damages, attorney fees, and costs and other such additional relief as is deemed necessary and proper. WHEREFORE, PWntiff demands judgment against Defendant INSURER for compensatory damages in an amount in excess of fifty thousand ($50,000.00) dollars plus treble damages, attorney fees, costs, interest and such other relief as is deemed necessary and proper. 118. Plaintiff incorporates each and every allegation of this Complaint as if same were set forth at length herein. 119. At all times mentioned herein, INSURER acted by and through their actual or apparent authorized agents, servants, workmen, employee and/or ostensible agents, including insurance adjusters, supervisors and defense counsel. INSURER is therefore vicariously liable for the gross negligence, recklessness and/or intentional conduct of Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01 Page 32 of 42 these agents, servants, workmen, employees and/or ostensible agents who, at all times, were furthering their interest of INSURER and were acting within the scope of their actual employment/agency or ostensible agency with INSURER. 120. Alternatively, at all times relevant herein, INSURER authorized, acquiesced and otherwise ratified the conduct and activities of its agents, employees, servants and/or ostensible agents including insurance adjusters, supervisors and defense counsel, in that they never sought to change, alter or amend their handling of the first party claim. Accordingly, said Defendant did therefore accept and retain the benefits of the wrongful and tortious conduct and acts of their agents. INSURER is, therefore, vicariously liable for said conduct. 121. As a consequence of the foregoing, Plaintiff was caused to sustain damages as more fully described -herein above. WHEREFORE, Plaintiff demands judgment in her favor and against Defendant, INSURER Progressive Northern Insurance Company a/Wa Progressive Insurance Company in an amount in excess of $50,000.00, plus interests, costs, attorney's fees, compensatory damages, consequential damages, and punitive damages and such other relief as is deemed necessary and proper. By Submitted: Date: l1 Ddsan Bratic, Esq., ID 19249 Bratic & Portko 101 South US Route 15 DiNsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff Case 1:11-cv-0 0-YK Document 1-1 Filed 09/010 Page 33 of 42 Dusan Bratic, Esq. ID: 19249 Bratic & Portko 101 South US Route 15 Diilsburg, PA 17019 Tel: 717-432-9706 Fax: 717-432-9220 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V. Progressive Northern Insurance Company A/KIA Progressive Insurance Company DEFENDANT CIVIL ACTION: 07-5427 Civil I HEREBY CERTIFY that a true and correct copy of the above Complaint was furnished by first dass mall, posbW prepaid on this _day of August 2011, to: Daniel J. Twilla, Esq. Dapper, Beldasare, Benson, Behling & Kane, PC 4 Gateway Center,1 OP Fl. 444 L.rberty Ave. Pittsburgh, PA 15222-1225 , BRATIIC & PORTKO Dated: q Dusan Bratic, Esq. ID # 19249 101 South U.S. Route 15 DiNsburg, PA 17019 (717) 432-9708 Attorney for Plaintiff Case 1:11-cv-0' 0-YK Document 1-1 Filed 09/01/ Page 34 of 42 VERIFICATION 1, Stephen M. Hake, Sr., hereby acknowledge that I am the Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ?C- Step . Hake, Sr. Date: 8/3/11 :o6RESSIVE NORT jAp -fy ment 1-1 Filed 09/01 ,. Page 35 of 42 0. BOX 91825 i'f?g dE'p?A/?7TON DOES NOT SWEMEDE ANY CANCEL rw1TICES _EVELANQ, ON 44101-4825 " T19 DECLARATION REPLACES DECLARATION EMCTNE aamm - MECHANICSOURO IN 73 W MAIN ST BOX 2430 NECHANICSOURG PA 17055 STEPHEN h HAKE SR 526 2ND STREET WESTFAIRVIEW PA 17025 24 Now Policy Service 1-800-828-7704 24 HKIR BILLIMB INQUIRY 1-800-800-9721 24 HOUR CLAIMS SERVICE 1-800-776-4737 PERSONAL AUTO POLICY DECLARAT14CWs PAGE FOR NAMED INSURED: gaitap "STREET WESTFAIRVIEW PA 17028 POLICY NUMBER: 56006 S S7-0 POLICY PERIOD: 04M M TO ION 02 Tics pow? iwepts des low at. 1. the twos Nis VON' I'm for Utwrsnos is QMCU sd an the One Met ft pd - paerkA or 4. SAL en Iket o of tlts 7w Posey" ONO* at Im san. on tiw be of the poky Coded. oo?raps logo* d- d whlaN tltotws emis I s in the p enders ribleot b"twrs.OO"md I n" 3oaMWflsa W-" ut?no?. PO weaftle P Bruno. "m"" WZ MMTSON NU Mft 1274N LrrU7 :ASON FOR IBKMNCE: POLICY cmum, NO pWIB! IN I III A1M9ES 111111E REQUESTEM BY MUSE AT NlCiNANIIAMBIUi I OP NECHANICSININ i IN ON 10/01/02 AT 10:47 AM EST FECTTIVE ON 08/23/02: PLEASE REVIEW FOR POLICY CHANGES. YOU BUY COLLISION COVERAGE. IT DOESN'T APPLY TO VEHICLES RENTED FOR BUSINESS OR FOR 8 MONTIM OR MORE. :H# YR MAKE - MODEL SERIAL NUMBER STATED AMT VIP LISTED DRIVERS E)CCLUDEDSR22 RATE 1087 CHEVR CAVALIER C940 1Q1JMB117HJ200014 1 STEPHEN M HAKE SR NO No YES I ? Ric I?011A1'eG?J 4 t C 5 COVERAGES AND LIMITS OF LIABILITY PREMIUM S E COVERAGE IS APPLICABLE ONLY IF A PREMIUM IS INDICATED. VEH Art VEN 12 VEH 113 VEN N4 TOTAL OILY INJURY a PROPERTY DAMAGE LIABILITY $210 $216 $50,000 EACH PERSON - :100,000 EACH ACCIMENI OPERTY MAIN9E LZAMILITY - $50,000 EACH ACCIDENT 11ASUND II I ORIST BODILY INJIRY - MONSTACKED $18 $18 50,000 EACH PERSON - $100,000 EACH AOCIBENT DERINSURED WTOUST BODILY I1MIU1W - NONSTAI]CEM $25 $25 50.000 EACH PERSON - $100.000 EACH ACCIOENT RST PARTY 1101WITS EDICAL BENEFITS $100,000 PER PERSON $177 $177 VCOME LOSS $1.500 MONTH / $25,000 MAXS151M $37 $37 4 DefL,AFp.. fi* ' R ? Y fi6iG FULL TORT SEE REVERSE PREMIUM BY VEHICLE $473 4C HK119M MENI94M BY FORMA No. TOTAL POLICY PREM IUM 1473 MITERSIONED: MECHANICS84m IN Authorised Re"eelsiive etc ?,?.'t a"aaa t a mm r rmcm A natrt alw6r. Syr,. -Vv V. BOX 44825 Cag 1:11-cv-0 0-YK Document 1-1 .EVELAND. OH 44101- 25 ItECFANIC85LNA IN 73 W MAIN ST BOX 2486 MEC"MICSKM PA 17055 STEPHEN M HAKE SR 526 2ND STREET WESTFAIRVIEW PA 17025 -"* N FOR ISSUANCE: NEW BUSINESS Filed 09/01) Page 36 of 42 24 Four Policy Service 1-900-986-7764 24 HOLM BILLING INWIRY 1-900-ft1-9781 24 HOUR CLAM SERVICE 1-900-776-4727 PEFISONAL AUTO POLICY FOR NAMED DECLARATIONS PAGE NaWRED: STEPHEN N MAKE SR 0=8 2ND STREET WESTFAIRVIEW PA 17025 POLICY Numm: 56006587-0 POLICY PERKMk 04/08/ 2 TO 101)8102 This policy kmpb the Ww oU 1. dN One rte 1a kwuram it enecuted on the first der of the pokey or 2. 1291 im on the GO dty ai the policyy Pwbd. llft poky 8W wake at t"t W n. GO the bet day of the policy 71w lalbwkq osrwpes and Nntits apply to so* daewibed taditde ae akown bNew. Caataeaa?a» fn thi =dt t: and era @W *d M site Mane aandd w?be? ekft ?i?i prier tb altwtoae we requested. YOU WN COLLISION COVERABE, IT DOESN'T APPI.T TO VEHICLES RENTED FOR BUSINESS OR FOR 6 NoNINS OR MORE. T n 17U9gC - FA%MEL arivAL retold Ft 1690PONTI GUM AN LOW 14?14UOLMISM 1 STEPHEN N FAKE SR 2 3 4 5 NO NO YES t I COVERAGES AND LM11T8 OF LIABILITY E OOVERM IS APPLICABLE ONLY IF A PREMIUM IS INDICATED. DILY INtIMUY Ut PROPERTY DANW LIABILITY $00.000 EACH PERSON - S18O,O00 EACH ACCIDENT OPWIN DAMW LIABILITY - $50.000 EACH ACCIDEIT II/ 11 MOTORIST BODILY INJW - NIONETACN M 80,000 BACH PERSON - $105,000 EACH AOCIOW OERINBUMIED MOTORIST BODILY I*AW - NONSTACKED 00.000 EACH PERSON - $100,000 EACH ACCIDENT 00 PARTY BENEFITS WICAL BENEFITS $100,000 PER PERSON 14CONE LOSS $1,500 NMTH / $25.000 NAXIIEM PREMILM VEH #1 VEH N2 YEH A Vol M TOTAL $s 12 S2112 $23 1 I ( $23 1 $,7 FULL TORT SEE REVERSE PREMIUM BY VEI*CLE AC * BfP WONTIFEp BY FORM NO. 113 03911 POLICY PREMIUM $425 I9ITERSIfiNED: MECMANICSBURG IN Auth, I - ' PA pmswdallm rM No. 1113 f6-971 INSURED COPY PMNE1 02401 1 205L1113 Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01 Page 37 of 42 .110 SUMMARGE FOR MOTOR VEHICLE RECORD CITATION(S) HAS BEEN ADDED TO THIS PREMIUM ANY LOSS UNDER PART IV IS PAYABLE TO NAMED INSURED AND UENHOLDER: LIEN14OLDER VEH N1 VEH N2 VEH 03 VEH 04 ADDITIONAL INTEREST INSURED YCH CL TIER ISO LIAR COMP CDLL PI ? 1 00 ZIP 04 05 07 07 17025 2 3 4 DRIVER DRIVER +F AOE SEX S 1 48 M S 2 3 4 PC =WANY 05 MAWMT STANK O LEVEL CLASSIC PAY PLAN NQ R/R 0111 FACTOR % 1.000 FORM DOMPA ED. 0501 AQENT CODE OC 26314 PREY POL N PRORATER 04 000000 02094 120 s .j e s Case 1:11-cv-0 0-YK Document 1-1 Filed 09/011 Page 38 of 42 Notice of !M!M ft Daoislon & Information Practhcas Dear Progressive Customer, When we quote, issue, service or renew an insurance policy, we require certain information about the people or property being insured. Some of this information is obtained from you, and confirmed or sup lariwaoted through information obtained from various consumer reporting agencies, which provide motor vehicle reports, claim reports, and credit reports. This information is used to undoranfta and mvico your insurance policy and its renewals. Any kcreased charge or other adverse action may be atblouisbls to use of-this information. No consumer reporting agency made any decision to take an adverse action with respect to your insurance and will be unable W confirm whether or provide the specific reasons why any such action was talcan.. Therefore, if you have questions about our Information practices or their impact on your inmurance, call us at 1-sea-ass-7va4.: At your request, we w81: • c or irn whether a consurrrer report was requested; • provide the spec Nic reasons for, and supporting information related to, any change to your policy; • identify which of the consumer repo" agencies, listed below, provided the information; • provide you more detain information regarft our collection, use, and disclosure of information about you, and your rights to access and am, such intarmafion: and • identify others to whom we may have disclosed this intomnatinm. The blowing consumer reporting agencies were used by us: Ddw History R@*=ts (NIotor Vehicle and Credo Report Claims History Reports): ChoicePoint, Inc. S perian (Fa nMy TRW) P.O. BOX 105106 P.O. Boo 2002 Atlanta, GA 959'48-5108 Allen, TX 75013 1-800-456.6004 1-888-397-3742 For 60 days after you receive this notice. you may obtain a free copy of any consumer report resulting in any adverse action. Also, you may: • learn about the natrue and substance of recorded information about you; • access this kdonnation; • dispute the accuracy or completeness and request the correction of this irformadon; and • file a statement setting fcdb what you think is the correct inforruatiom, and why you disagree with any refusal to correct the information. To do so, simply call us at t -soo-sss-rm4, or the appropriate consumer reporting agency kMn uad above. In some cases, information about you that has or wii be collected by us may, without your aulhorizatron, be disclosed to third par0es who perform services for us or appear to have a legirti nM need for the information. These may include, for example, our group of underwriting cairga les, claims a*mters and investigators, your agent or broker, actuarial consultants, insurance support organizations, courts. government agencies. and parties requesting such information through legal process. Form No. 0090 (04-00) PMNEWD910212022605L W Case 1:11-cv-0 10-YK Document 1-1 Filed 09/01, ? Page 39 of 42 PRIVACY POLICY Last Updated May 9, 2001 Your prhraey Is Important to us. At Progressive, we are committed to protecting your privacy and earning your trust. We respect your night to key your personal infamffiion confidential and to avoid unwanted solicitations. Pieast read this to kam how we will handle yaw personal kwon n otlon. Types of Inbrmadon We Collect and Dlsdoes. We coped infoaTraatiora about people and property to quote and service insurance poicies and provide comparison rates. Some of this is called door c Persoraad Iglonnalion.' which generally means iniorrnaation that is provided by you. obtained by us, or tlcat results from your transactions with us. It does not include information avaihWe to the ,mail, pubic. We collect this information from the following sources (examples under each source are not necessarily a complete list): • InMbeataMbn: This is infonnati9on we receive from you on sppicatiorus or oather form. by phone, aaine. It 1idudes your now, address. and number, drover's soer-me number, soc.;ied security number, date of bkth. length d Qs er?inaasosoifal stars, pdor insurance Inf madon, horns finning fafatoryApptlatlon Informadori my in as described below. use, other drivers, and • Transaetlon InilamseftL This is information about ?rocir transea ins with us, our etiistes, or others. p includes Your iasuranpe coverage sekctiotrs and prsrnour payment and claims history. and kAmnadon we deem r?seemery for bilk and payment. it may also include addatioraet hime aabona obtained while adjusting, irnuaasebigatirg. and settling Insurance claims. Tranaactlott Information may be deed as described bellow. • Consuauer Rorport kdarn atlon: This is infomaation.we receive from a consumer reporting %Wlcy. k is used In confirm o r supplerrwnt AppMgtlon Infonnaflorst Io that wo may underwrite your ihouraraoe and pro an accurate premium quote for one of our insurance underwriting Companies. It Includes motor vehicle reports, claims history reports, and credit report kaformaio L We will duc?oee Consumer Report Information only as we deem necessary to quote or service your trourenx a pricy, and as perrrdtlrad or required by law. • Web SM Inf melon: This is Infomadon we receive from your computer when you visit our web sloe that is unique b emcon nwm transactions. It icludes the Web silt you Wail aid before ours, your intemet a-ma addraare and apsrating system. and stelisiicwl kdormadon on Web traffic and usege pone a. We also store out your compuw to save information entered during the kauarance quoting and comparstive rate process, and collect technical dote, such as your isle, protocol (ip) address. system, and seareion ID. We will not dloclose your a-m>eal address to nonallilliated third 11qFft external vardore for prooeasing our *-am maeeaagea, but to keep your *-mail adds their for future sae. We will not diadose -titer peraortaNy will not Web She hforassimn Will your consent. For addiliorrd kfounuaf;on concerning our Web site privacy practices, please visit us at progressive.com. Parties to Whom We Disdose Information. Nonpubtio Personal Information about you may be disclosed to others as permitted by law. Generally, this kududes d Kbsw= to third posies that we feel are necessary to M194 adrnknidw or enforce your transaction with us, or in connection with servicing your iarleunrarlce poky. These parties may include our group of af9W9d insurance tired c npenias. clairrls repreaerl VGM* independent contractors. kaatraaraoe 8 port orgenteadons, insurance agents brokers, and courts and verriment , agenacres. We oleo disclose this itformation to to following types of third parties (these are ocrntpanues at woomw 911191W you us ? have a relationship with you), but you will have the opportunity tooptout ooff suucchhd Cy • Nor ed financ:ial service providers, such as banks, credit card companies, and other insurance companies; and • Non*wncial companies, such as motor vehicle manufacturers, dealers, and parts suppliers, and dubs and associations of which you may be a member. We may also disclose Ap"cation Information and Transau tton Inhwmallon about you to companies that perform marketing services on our behalf or to financial institutions with whom we have joint marketing agreements. Continued on back PMNEWD970530012SOSL2835 Case 1:11-cv-0' 0-YK Document 1-1 Filed 09/01, Page 40 of 42 contift*al ty & Security. We restrict access to Nonpublic Personal Information about you to those employees and other parties who we feel must use that information to provide products or services to you. Their right to further disclose and use the information is limited by our employee code of conduct, applicable law, and nondisclosure agreements where appropriate. We also maintain physical, electronic, and procedural safeguards in compliance with applicable laws and regulations to guard your Nonpublic Personal Information. Parties to Whom This Privacy Polley Applies. This Privacy Policy applies to current and former customers of Progressive Casualty Insurance Cony and its family of insurance and financial services companies in the United States. This replaces all previous Privacy Policies that we have made available to you as of the date noted above for personal use motor vehicle. boat, eaowrnobae, and homeowners insurance products. For different products, you may receive other privacy policies from us. These other policies will apply only to the products in connection with which they are provided. The Progressive fancily of insurance and financial services cotnpwft as of the date of fts Privacy Policy itdudes the foilowing: Halcyon insurance Company, Mountain laurel Assurance Company, National Continental Insurance Company, Progressive American Insurance Company, PrbgiIva American IN Insurance Company, Prognsearye Auto Pro hairance Company, Progressive Baycide Insurance Company, Progressive Casually Insurance CwVwW, Progressive. Classic insurance Company, Progressive Co WMWS kl5AMM Company. Progressive OouMy Mutual insurance Company, Progressive Express k>surance Company, Progressive GAN hence COWWW, Proms Hawaii Insurance WP.. Progressive Hone kwuranxe Company, Progressive Home Underwriters kwunince Company. Progressive Life insurance, ltd., Progressive Marathon Insurance Company, Progressive Max InnCe Company, Progressive Wigan Insurance Company, Progressive Mountain Insurance Company, proggiWssive Northeastern Insurance Company, Proprasaive Northern harxw Company. Rgye3ai" Nail Mreatem Insurance Company. Progressive Paloverde Insurance Company, Progroaoive preferred kowance ma y. Progn lve Premier Insurance Company of Wmm, Progromm Preavum Budget. Inc., Progressive Security Insurance Cry. Progressive Souther Insurance Company, Progrew" Specialty Insurance Company Progressive Uniaversd Insurance Company of NWs. Progrwdit West Insuranci Company, Specialty FV* Insurance may. tAgied Financial Casualty Company. Continued °s S PMNEWD97053001260BL9835 11 Case 1:11-cv-0 10-YK Document 1-1 Filed 09/01, Page 41 of 42 Opt.Out Rights. H you do not want your Nortpr*k Personal IMormation cNsciosed to nonafBNated thkd partla% you may "opt OW of those disdosures, MesnNtg that you may tell us not to make ft" diadoaures (other than disdosures that are permitted by low even K you opt out). H you opt out, we will not disclose this information to nonaffiliated third parties to independently market products or services to you, but we may Include their offers in billing statements and other routine communications that we send to you in connection with servicft your insurance policy. To opt out, simply detach the fort at the bottom of this page and mail it t0 the address indicated. An opt out election by you or others insured under your Poky will be effectlve for all of you for that policy and its renewals. Once you opt out, there is no need to do so again for the same poky or its renewals. You may also visit personal.prowassive.oom and use our Personal PropresshraO feature to opt out. = = = = = = = = = = = = = = = MAN. TO tM ADDRESS LISTED BELOW - = = = _ = _ _ = _ = = = PoNMft ft Opt Out Form Phme correct any Maccursa k damstlon sp jresaing below. If you have akeady *em an Opt Out Form for this Insrrrsnob pWq, there Is no rmW Io and another. I wish to sterciss my opt out rights desalbad in progressive's privacy poky. Name: STEPHEN M HAKE SR Address: 528 2M STREET WESTTFAIIMEY PA 1 T02S Policy Number: ssooew - o Mall to: Progressive Marketing Opt Out, P.O. Box MM27, tatevelanai, OH 44101-6427 PMMEWDwoMwi2wsL2s3a Case 1:11-cv-0 0-YK Document 1-1 Filed 09/01 Page 42 of 42 Pennsyhranla Surcharge Dlsclosure Stabanhsrrt In compliance with 75 Pa C.S. Section 1793(b), we provide this surcharge disclosure plan to explain our system of driving record points. This statement provides an overview, more detailed informesion is available on request Driving record points are assigned to operators for chargeable accidents and violations. All accidents and vidations occurring in the 35-month period prior to policy inception are considered in developing a driver's poor premium. If a driver is added mid-term, accidents and violations well be charged for the entire w4nonth period prior to the driver being added to the policy. Point surcharges follow the driver. To determine if the accident or violation took place in the chargeable period, we use ft occurrence dais instead of the conviction date. We charge for accidents and violations occurring while a driver is operating a private paesorW automobile, commercial vehicle, motorcycle, or recreational vehicle. Ac*W ts. We assess a surcharge of dmalgy 25% for each at fauk accident charged to an operator. AC r'derhts are dale if, as a result of the accident, the insurer inure at least 5950 in bases in excess of any dedhactible for personal injury or damage to Property, indudi g the Insureds. Each accumulation of $W) in aggregate boo from Mordents not otherwise charged represents an at4" accident. If the insured can demOr1*0116 that any of the fact's of loss described in 31 Pa. Code Section 67.33 (raj-charge" accidents) appiy to an accident the accident will riot be charged to the operator. Minor M101ma. We assess a surcharge of approximatel? 2D% for the second and each subsequent conviction of routine traffhc infractions ft speeding or failure to yield. Most of these infractions are listed in 75 Pa C.S. Section 1535. Mapr Vkftdona. We assess a surcharge of apprwdmntely 26% for each conviction of a violcion which suggests the presence of a materially ehcraased risk in a motorist. Such major violations include vefi Jor homictide, living the scene of an accident irwohft death or injury, or fleeing a poke officer. Driving While kdOWcatad. We assess a surcharge of approximately 15% for each Driving While khtohdcated infraction for conviction under Section 3731 (Driving under the influence of alcohol or controlled substance), notice of Section 1534 (Acceptance of Accelerated gehabNitatin Disposition). or any similar Infraction. This form supersedes Form 1996 (11/86). Form No. 1996 PA (01/00) PMNE0207002803LIMSA Case 1:11-cv-C 0-YK Document 1-2 Filed 09/01 Page 1 of 18 EXHIBIT B Case 1:11-cv-C )50-YK Document 1-2 Filed 09/01 Page 2 of 18 IN THE COURT OF COMMON PLEAS OF CiJMMMLAND COUNTY, Pll MMYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR 2308 Spring Lane Enola, PA 17025 PLAINTIFF V. Piowip ive Northern Iusursmce Company 6085 Parkland Blvd., E P 3 Mayfield Heights, OH 44124 AIB/A Progressive ice Company 5165 Campus Drive Plymouth Mee&S PA 19462-1135 DEFENDANT FIIB N0.• O''r -tiCl/l' i.. f rya C CIVIL ACTION: PRALCW FOR-SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons iwft above;catptiaw wines fi+onk a contract dispute. C _ Writ of Summoo shall boisswCand 11D Anamay/S erff -y Date: -?? -? ?. Bratic, Esq., ID 19249 Bratic & Poldw 101 South US Raft 15 Dille m'g, PA 17019 (717) 432-9706 SUMMONS IN OPAL ACTION TO: Prngresdve Nordum Insurance Company Prograaaive Lmauawe company 6085 Pacidand Blvd., E P 3 5165 Campus Drive Mayfield H*W, OH 44124 Plymouth Meeting, PA 19462-1135 YOU ARE NOTWIED THAT THE ABOVE-NAMW PLARaW HAS COMMENCED AN ACTION AGAINST YOU. J0 Date: 0'r 1, Case 1:11-cv-C 0-YK Document 1-2 Filed 09/01 Page 3 of 18 -0 d' 4Ci r r Case 1:11-cv-G 0-YK Document 1-2 Filed 09/01. Page 4 of 18 IN THE COURT OF COMMON PLEAS OF CUMWRLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR 230R Spring Lane Enola, PA 17025 PLAINTIFF V. Progressive Northern Insurance Company 6085 Parkland Blvd., E P 3 Mayfield Heights, OH 44124 AWA Progressive Insurance Company 5165 Campus Drive Plymouth Meeting, PA 19462-1135 DEFENDANT CIVM ACTION: 07.5427 Civil Term PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summa®s in the above captioned matter. Date: ALAIM-) Dusan Bratic, Esq. 101 South U.S. Route 15 Dillsburg, PA 17019 (717)432-9706 Supreme Court ID: 19249 Case 1:11-cv-C 0-YK Document 1-2 Filed 09/01 _ Page 5 of 18 4 f? w *. O D ry C• Ci V C 1 W 461 Case 1:11-cv-C 3 EKIFFQ99f' -2 O cbP _. Page 6 of 18 CASE NO: 2007-05427 P .,•COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAKE STEPHEN M SR VS PROGRESSIVE NORTHERN INS CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROGRESSIVE NORTHERN INSURANCE COMPANY AKA PROGRESSIVE INS CO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 27th , 2007 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Montgomery Co 33.00 Sheriff of Cumberland County Postage .75 70.75 11/27/2007 BRATIC & PORTKO Sworn and subscribe to before me this day of , A. D. Case 1:11-cv-C 0-YK Document 1-2 Filed 09/01 Page 7 of 18 w In The Court of Common Pleas of Cumberland County, Pennsylvania • Stephen M. Hake Sr. VS. Progressive Northern Insurance C'icngwly a/k/a Progressive Insurance Company No. 07-5427 civil Now, Novwt)sr 8 , 2007' _ , I, SHERIFF OF CLMMERL,AND COLM Y, PA, do hereby deputize the Sheriff of Montgomery County to execute this writ, this deputation being made at the request and risk ofthe Plaintiff. T ?. Shu ff of C=bmind Ca 4, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20----, at o'clock A served the within upon at by handing to a copy of the original and made known to So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of . 20 COSTS SERVICE $ hGLEAGE AFFIDAVIT S Case 1:11-cv-G 0-YK Document 1-2 Filed 09/01 Page 8 of 18 y SHERIFF'S RETURN PROTHONOTARY D- 4115 DEFENDANT: Progressive Northern Insurance Company DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Laurie Peilicore RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: 11-14-04 (x313:00 LOCATION: 5165 Can :ectings PA The above document was serves ormation listed above in the County of Montgomery, Col v. Affirmed and subserlbed•before 11-16.07 Public iaPvcouw WXWCWWWk'0t= 13,00 NOW wwwwwwomw John P. Durante Sheriff of Montgomery County % Deputy Sheriff iJy! 1J Can _XC_li-2&0sqaj:Ad-cv-C t0-YK Document 1-2 Filed 09/01 Page 9 of 18 P,e1,ei A otew,lu(. RIMS RETURN PROTHONOTARY D- 4115 DEFENDANT: Prosrenke Northern Issumnee Company DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Laurie PelBeore 1 , RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PRE'V'AILING TIME: 11-14-07 @ 13:00 LOCATION: 3165 Campus Drive, Plymouth Meeting, PA The Am doeument wes served on the defendant w per ittormtition lisbd above in the County of Montgomery, Ces enwealft of PeaasylveuiL Affirmed and sabaMbed before me on tW day w nuvw61% 124W John P. Dal<raute Nobly Public sheriff of 1Vlon410mery County Do" Sheriff cam TOTAL P.01 Case 1:11-cv-G 0-YK Document -2 Filed 09/01: Page 10 of 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V. CIVIL ACTION: 07-5427 Civil Term Progressive Northern Insurance Company A/K/A Progressive Insurance Company DEFENDANT STATEMENT OF INTENTION TO PROCEED TO THE PRO17140NOTARY: The Plaintiff, Stephen M. Hake, Sr., by and through his attorney, Dusan Bratic, Esquire, intends to proceed with the above captioned matter. Please remove it from the proposed termination list. Date: 1-_ --? Dusan Bratic I.D. # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiffs 'o ty In N C4 ase 1:11-cv-G 0-YK Document 1-2 Filed 09/01: Page 11 of 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, SR. PLAINTIFF V. CIVIL ACTION: 07-5427 Civil 'T'erm Progressive Northern Insurance Company A/K/A Progressive Insurance Company DEFENDANT CERTIFICATE OF SERVICE [ HEREBY CERTIFY that a true and correct copy of the foregoing Statement of Intention i to Proceed was furnished by U.S. Mail, first class, postage prepaid on this day of September 2010, to: Esther V. Tyson, Medical Claims Rep. Progressive Insurance 5165 Campus Drive, Suite 100 Plymouth Meeting, PA 19462 Dated:- BRATIC & PORTKO I Dusan Bratic I.D. # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiffs Case 1:11-cv-0 40-YK Document 1-2 Filed 09/01, ) Page 12 of 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT11m , PENNSYLVANIA Stephen M. Hake, Sr. ±s. C ?'J Ri Plaintiff NO. 07-5427 Civil Term VS. PRAECIPE FOR APPEARANCE Progressive Northern Insurance Company a/k/a Progressive Insurance Company Filed on behalf of Defendant Progressive Northern Insurance Company a/k/a Defendant Progressive Insurance Company Counsel of Record for this Party: Robert E. Dapper, Jr. Pa. I.D. # 46378 E-mail: rdap»errald3bk.com Daniel J. Twilla Pa. I.D. # 93797 E-mail: dtv&IaWbk.com Dapper, Baldasare, Benson, Behling & Kane, P.C. Four Gateway Center 444 Liberty Avenue, 10* Floor Pittsburgh, PA 15222 (412) 456-5555 Case 1:11-cv-0 0-YK Document 1-2 Filed 09/01. ) Page 13 of 18 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen M. Hake, Sr. Plaintiff NO. 07-5427 Civil Term VS. Progressive Northern Insmwee Company a/k/a Progreessive I awinoe company Defendant PRAECE FOR APPEeRA_NQ TO: Prothonotary Km&y enter my appearance for Defendant Progressive Northam Insurance Company a/k/a Progressive Insurance Company with regard to this matter. Respectfully submitted, DAPPER, D AP By: BEHLING Daniel J. WHa Pa. I.D. # 93797 dbwAUkWbLcom Four Gateway Center, I e Floor 444 Liberty Avenue Pittsburgh, PA 15222 (412)456-5555 (Counsel for Defendant Progressive Northern Insurance Company a/k/a Progressive Insurance Company) Case 1:11-cv-G 0-YK Document 1-2 Filed 09/01. , Page 14 of 18 CERTIFICATE F SERVICE The undersigned dots hereby certify that a true and correct copy of tho within PRAECIPE FOR APPEARANCE was irwarded by U.S. First Class Mail, postage pre-paid, this 20 day of June, 2011, upon the following; Dusan Bratic, Esquire 1010 South U.S. Route 15 Dillsburg, PA 17019 Case 1:11-cv-0 0-YK Document 1-2 Filed 09/01. Page 15 of 18 4& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ` -r Stephen M. Hake, Sr. M--" r rv rn Plaintiff NO. 07-5427 Civil Term VS. PRABCIPE FOR APPEARANCE Progressive Northern Insurance Company a/k/a Progressive Insurance Company Filed on behalf of Defendant Progressive Northern Insurance Company a/k/a Defendant Progressive Insurance Company Counsel of Record for this Party: Robert E. Dapper, Jr. Pa. I.D. # 46378 E-mail: rdad3bk.com Daniel J. Twilla Pa. I.D. # 93797 E-mail: dtw1l Wbk.com Dapper, Baldasare, Benson, Behling 8t Kane, P.C. Four Gateway Center 444 Liberty Avenue, 16' Floor Pittsburgh, PA 15222 (412} 456-5555 Case 1:11-cv-0 0-YK Document 1-2 Filed 09/01, Page 16 of 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYC a 1 PENNSYLVANIA -03 = -y rncb 2rn c- ? Stephen M. Hake, Sr. N M -4 M ? Plaintiff NO. 07-5427 Civil Term ter ?- , c; ,? x;_ -' VS. f7} PRANCIPR FOR RULE TO Fa Progressive Northam Insurance Company COMPLAINT aAda Progressive Insurance Company Filed on behalf of Defendant Progressive Defendant Northam Insurance Company a/k/a Progressive Insurance Company Counsel of Record for this Party: Robert E. Dapper, Jr. Pa. I.D. # 46378 E-mail: rdapperldld3bLoom Daniel J. Twilla Pa. I.D. # 93797 E-mail: dtwilla(a'Ahk.com Dapper, Bald==, Benson, Behling & Kane, P.C. Four Gateway Center 444 Liberty Avenue, I e Floor Pittsburgh, PA 15222 (412)456-5555 Case 1:11-cv-G 0-YK Document 1-2 Filed 09/01. Page 17 of 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen M. Hake, Sr. Plaintiff NO. 07-5427 Civil Term VS. Progressive Northern Insurance Company a/k/a Progressive Insurance Company Defendant PRAECiPE FOR RULE TO FILE COMPLAINT TO: Prothonotary Kindly issue a Rule upon Plaintiff in this matter to file a Complaint within twenty (20) days. F To THE At om " 6ro1Dy direelad io pie 000AW acp t?s? W#rdW wdhik dod&Ap oPService or soffer jut o rwq ton roes . Respectfully submitted, DAPPER, BALDASARE, BEN , BEHLIIVG tit KANE By: obert , Jr. PA I.D. #46378 EdxWmS3bk.com Daniel J. Twilla Pa I.D. # 93797 dtail bk.com Four Gateway Center, 10& Floor 444 Liberty Avenue Pittsburgh, PA 15222 (412) 456-5555 (Counsel for Defendant Progressive Northern Insurance Company art Progressive Insurance Company) 4 ? * Case 1:11-cv-G 0-YK Document 1-2 Filed 09/01. Page 18 of 18 The undersigned does hereby certify that a true and correct copy of the within PRAECIPE FOR RULE TO FILE COMPLAINT was forwarded by U.S. First Class Mail, postage pre-paid, this 20 day of June, 2011, upon the following: Dusan Bratic, Esquire 1010 South U.S. Route 15 Dillsburg, PA 17019 SF, r. Daniel J. Twilla 4, 1 . CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within Notice of Filing Notice of Removal was forwarded by U.S. First Class Mail, postage pre-paid, this day of September, 2011, upon the following: Dusan Bratic, Esquire 1010 South U. S. Route 15 Dillsburg, PA 17019 Couns