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Home My WebLink About03-6019 F:\FlLESIDATAFILE\General\Documents\11018-1.writ Created: 11/1l/03 9;37AM Revised; 11/16/03 5:25PM 11018,1 WILLIAM F, SHUGHART, and DAWNM, SHUGHART,H/W Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v, CIVIL ACTION - LAW NO, 2003- &0/9 CIVIL TERM MILLER JNSURANCE ASSOCIATES, JNC, Defendant, JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ ofSurnrnons against Miller Insurance Associates, Inc" 19 Brookwood Avenue, Suite 102, Carlisle, Pennsylvania 17013, as Defendant in the above-captioned action and forward same to the Cumberland County Sheriff for service, MARTSONDEARDORFFWILLIAMS & OTTO By Carl C, Risch, Esquire I.D,Number: 75901 Christopher E. Rice, Esquire I.D, No, 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs Date: November 17, 2003 ~~ ~ ~ ~ ~ 2S ~~ ~ ~~ 0, ~ ~ ,.co \, \\ ~ s~r,': --..- ::-:,;:. ~~~ .. =2 - (j', ~ "---.Y WILLIAM F. SHUGHART, and DAWN M, SHUGHART, H/W Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CNIL ACTION - LAW NO, 2003- tiXJlf' CNIL TERM MILLER INSURANCE ASSOCIATES, INC, Defendant. JURY TRIAL OF TWELVE DEMANDED WRIT OF SUMMONS TO MILLER INSURANCE ASSOCIATES: You are hereby notified that William F, Shughart and Dawn M, Shughart have commenced an action against you, IS! ~' /_~ Prothonotary or Clerk . By: ~~ r~, 905 Deputy' Date: November ~, 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-06019 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUGHART WILLIAM F ET AL VS MILLER INSURANCE ASSOCIATES ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MILLER INSURANCE ASSOCIATES INC the DEFENDANT , at 1000:00 HOURS, on the 20th day of November, 2003 at 19 BROOKWOOD AVENUE SUITE 102 CARLISLE, PA 17013 by handing to JACKIE MADDOX, RECEPTIONIST a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 3,45 ,00 10.00 .00 31. 45 ,r~~ R, Thomas Kline 11/21/2003 MDW&O Sworn and Subscribed to before By:-'- .~+ 'C\-L Deputy Sher~------=- ... )0 ~ day of me this ;"~.D~;2003 A,D. ......--, , \ ~-uf2 7Yuik, A~ Prothonotary' DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDlCK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, HIW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs v. CIVIL ACTION - LAW MILLER INSURANCE ASSOCIATES, INC. DOCKET NO: 2003-6019 Defendant ENTRY OF APPEARANCE To the Prothonotary: Kindly enter our appearance on behalf of Defendant, Miller Insurance Associates, Inc" in the above-captioned action, Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: January 13, 2004 Charles E, Haddick, Jr., Esquire Attorney LD, No: 55666 Jason P, McNicholl, Esquire Attorney LD, No: 89062 20 South 36th Street Camp Hill, PA 1701l CERTIFICATE OF SERVICE AND NOW, !b;, 12 ""y or ~4 /I'-- , 200 J I, Ch~b E. lfuddi,k, Jr" Esquire, hereby certify that I did serv a t~e and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the D,S, mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Carl C, Risch, Esquire Christopher E, Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Charles E, Haddick, Jr" Esquire ,..... ,....., c-> 0 C'~ .j .&"" <:- ::;1 ~:: ~'" rnf;:"-;;; :9111 U1 ,)9 8~2 ,) -;-. " c~ ~i,~.~ ---. ;~"-:;m 1'0 --; ", -- ,0 -c F:\FlLES\DAT AFILE\General\Current\11 018-1mctllcer Created: 1/15/04 5:25PM Revised: 1/16104 11:35AM WILLIAM F. SHUGHART, and DAWN M, SHUGHART, H/W Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, 2003,6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC, Defendant. JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY PURSUANT TO Pa. R.C.P. 4019 AND NOW, comes Plaintiffs, William F, Shughart and Dawn M, Shughart, by and through their attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files this Motion to Compel, and in support thereof, moves as follows: 1, On or about November 17, 2003, Plaintiffs sent a Praecipe to the Cumberland County Prothonotary's Office requesting that a Writ of Summons be issued against Defendant. 2, On or about November 20, 2003, Defendant was served by the Sheriffs Office the Writ of Summons, 3, Thereafter, on or about November 26,2003, Plaintiffs sent Defendant Plaintiffs' First Request Upon Defendant for Production of Documents ("Plaintiffs' Request"), Attached hereto as Exhibit "A" 4, On December 31,2003, Plaintiffs' counsel sent Defendant a letter demanding that Defendant respond to Plaintiffs' Request by January 7, 2004, or they would be forced to file a Motion to Compel. Attached hereto as Exhibit "B" 5, On or about the first week in January 2004, Plaintiffs' counsel was contacted by Defendant's counsel via telephone requesting an extension until January 15, 2004, Plaintiffs' counsel granted this request. 6, On or about January 15, 2004, Plaintiffs' did not receive the requested documents, 7. On or about January 15, 2004, Plaintiffs' received an entry of appearance and a letter from Defendant's counsel stating that a 30 days extension had been agreed upon, The letter is attached hereto as Exhibit "c", 8, Plaintiffs never agreed nor have any knowledge of any such extension, 9, To this date, Defendants have failed to provide the information requested above, 10, Plaintiffs are prejudiced by this delay, The discovery requests are narrow and are designed to enable Plaintiff to file a complaint. WHEREFORE, in the interest of preventing further urmecessary delay in this case, Plaintiffs request this Honorable Court issue an Order, compelling Defendant to produce documents according to Plaintiffs' Request. MARTSON, DEARDO By (, Carl C, RIsch, Esquire PA Attorney LD, No, 75901 Christopher E, Rice, Esquire PAAttorneyLD, No, 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff , WILLIAMS & OTTO Date: January 16, 2004 F:\FILES\DA T AFILE\General\Documents\11 OI8-1.precomplaint discovelY Created, 11/16/03 2:53PM Revi~ed: Il/16103 545PM ]1018,1 WILLIAM F, SHUGHART, and DAWN M. SHUGHART, H/W Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO, 2003. & 01 ~ CNIL TERM MILLER INSURANCE ASSOCIATES, INe. Defendant. JURY TRIAL OF TWELVE DEMANDED PLAINTIFFS' FIRST REOUEST UPON DEFENDANT FOR PRODUCTION OF DOCUMENTS TO: MILLER INSURANCE ASSOCIATES, INC., Defendant: I, All documents prepared by the Defendant, or by its representatives, agents, or anyone acting on its behalf, except Defendant's attorneys, which relate to the American Medical Security policy and Plaintiffs William and Dawn Shughart (including letters, invoices, business records, etc,), Such documents shall include any documents rnade or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics, 2. All investigative reports, claims file, or summaries related to American Medical Security and/or the Plaintiffs 3, All correspondence between Plaintiffs and Miller Insurance Associates, Inc" or its representatives, agents or anyone acting on its behalf, including, but not limited to Roberty T, Barr, Jr., CLU, ChFD. 4, All insurance agreements or policies related to American Medical Security and/or the Plaintiffs, -"'"I,' Date: Novembe~003 / .:----- :yAR~O~QRFF WILLIAMS & OTTO Carl C. Risch, Esquire LD, No. 75901 Christopher R Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Exhibit flAil CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Miller Insurance Associates, Inc, 19 Brookwood Avenue, Suite 102 Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO By C',;:" ~ L f I~ Christopher E, Rice ~tp Dated: Novembe~003 .- M"Dw&6 INFORMATION. ADVICE. ADVOCACY ATTORNEYS & COUNSELLORS AT LAw December 31, 2003 WILLIAM F. MARTSON JOHN B. FOWLER III EDWARD L. SCHORPP DANIEL K. DEARDORFF THOMAS J. WILLIAMS" Ivo V. Ono III GEORGE B. FALLERJR.* CARL C. RiSCH DAVID A. FITZSIMONS DAVID R. GALLOWAY ANTHONY T LUCIDO CHRISTOPHER E. RlCE STEVEN J. SHANAHAN *BOARD CERTIFIED CIVIL TRIAL SPECIALIST TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.com CERTIFIED MAIL RETURN RECEIPT REQUESTED ML Eugene M. Miller Miller Insurance Associates, Inc, 19 Brookwood Avenue, Suite 102 Carlisle, P A 17013 RE: William F. Shughart and Dawn M. Shughart v. Miller Insurance Associates, Inc. File No.: 03-6019 Our File No. 11018.1 Dear Mr. Miller: On November 26, 2003, we mailed to you Plaintiffs First Request Upon Defendant for Production of Documents ("Request") and you were required to respond within thirty (30) days, The thirty (30) days has expired, We demand that you respond to our Request by Wednesday, January 7,2004, or we will be forced to file a Motion to Compel. We have enclosed another copy of the Request. If you should have any questions, please do not hesitate to contact our office, Very truly yours, MARTS ON DEARDORFF WILLIAMS & OTTO Christopher E. Rice Enclosure cc: Mr. and Mrs, William Shughart Mr. Charles E, Haddick, Jr. F:\FILES\DAT AFILE\General\Archive\GENL TR03\1 J O!8.[,mia2 Exhibit "BII I N FOR MAT ION . A D V IeI'. . A D V OC A C Y '" LAW OFFICf;S OF DICKIE, MCCAMEY & CHILCOTE A PROFESSIONAL CORPORATION 20 SOUTH 36TH STREET CAMP HILL, PENNSYLVANIA 17011,4301 TEL. 717/731-4800 FAX. 7171731A803 WWW.DMCLAW.COM Charles E. Haddick, J.... Attomey~at-Law January 13,2004 haddicc@dmclaw.com Carl C. Risch, Esquire Christopher E. Rice, Esquire Mattson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 RE: Sughart v. Miller Insurance Associates, Inc. Our File No: UM-307 Gentlemen: In follow up to my recent phone conversation with Attorney Rice, I ask that all further correspondence be sent to my attention as I am representing the Miller Agency, You will be receiving an entry of appearance in the near future, This will also confirm that you have graciously agreed to provide me an extension of 30 days within which to provide discovery portions of the Miller Agency file, It is currently with my paralegal staff, I am having a copy made and will have one sent out, Thank you for your courtesy in granting this extension, I look forward to hearing from you, Very truly yours. DICKIE, MCCAMEY & CHILCOTE, P.c. "'-----"""\" {--""":'" '-- '-- ~- '-~_.._._~ i ! \ Charles E. Haddick, JL CEH, Jr.lkac Enclosure PITTSBURGH ... PHILADELPHlA + WASHINGTON, D,C. + NEW JERSEY + NORTH CAROLINA ... OHIO + WEST VIRGINIA 412/281-7272 215/925-2289 88S.434-5566 856/988-5473 704/549.8200 740/284,1682 304/233-1022 Exhibit "c" CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E, Haddick Dickie, McCamey & Chilcote 20 South 36th Street Camp Hill, Pennsylvania 17011-4301 MARTSON DEARDORFF WILLIAMS & OTTO By C1~f tL.. Christopher E, Rice Dated: January 16, 2004 F:IFlLESIDATAFILE\Genera!\Current\] ]0] 8- Lpraecipe.withdraw Created: ]/19/04 3:44PM Revised: ]/]9/04 4:08PM WILLIAM F, SHUGHART, and DAWN M, SHUGHART, H/W Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW NO, 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO WITHDRAW PLAINTIFFS' MOTION TO COMPEL DISCOVERY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiffs' Motion to Compel Discovery filed on January 16, 2004, against the Defendant in the above captioned matter, MARTS ON DEARDORFF WILLIAMS & OTTO By C'?Eci-,vL ! ~ Christopher E, Rice, Esquire LD, Number 90916 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: January 20,2004 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Withdraw Plaintiffs' Motion to Compel Discovery was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E, Haddick, Jr., Esquire DICKIE, McCAMEY & CHILCOTE 20 South 36th Street Camp Hill, PA 17011-4301 MARTS ON DEARDORFF WILLIAMS & OTTO , {\ 1 BY~I-Va.~_ J qu e A. Decker en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 20,2004 --' C) "'" :2 -'n '- ,--\ :::-".,. :-L -~\ -'I-" p.... ~; ~>- _or1''"\ , r..J- :,JY CJ ~;$; -.-, ,~. ._.0 r:? ~~~, r" \ d". ::;~: cr-, - WILLIAM F, SHUGHART, and DAWN M, SHUGHART, H/W Plaintiffs, IN THE COURT OF COMMQN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA \tY v, CIVIL ACTION - LAW NO, 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC, Defendant. JURY TRIAL OF TWELVE DEMANDED RULE TO SHOW CAUSE AND NOW, this Lt,' day of f-......, ,2004, the Defendant is DJRECTED to show cause why the relief sought in Plaintiffs' Motion to Compel Discovery should not be granted, Rule returnable Z-o days after service, BY THE COURT, 'AJ.. J. ~ ~~ O\'~ '~,:,'\:~O 7" ." IlJ ..it. .:" """ Q:' ~j1;':I~ H::1U. '] -".... ~ 1 J j 'J (,. ::() F:IFILESIDA T AFILEIGeneral\CuITWI\ I 1018" 1 ,comlcer Created: 12129/03 8:35AM Revised: 1/28/049:24AM 3050,245 WILLIAM F, SHUGHART, and DAWN M, SHUGHART, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION. LAW NO, 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC" 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Date: Januaryolf, ,2004 ') f' / By L_/k-J~yL (", Carl C. Risch, Esquire l.D,Number: 75901 Christopher E. Rice, Esquire l.D. No, 90916 Ten East High Street Carlisle, P A 17013 (717) 243.3341 Attorneys for Plaintiffs ~ WILLIAM F, SHUGHART, and DAWNM,SHUGHART,H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INe., Defendant. COMPLAINT 1. Plaintiffs, William F, Shughart and Dawn M, Shughart, are adult individuals residing at 605 Roxbury Road, Newville, Cumberland County, Pennsylvania, 2, Defendant, Miller Insurance Associates, Inc" is a corporation doing business at 19 Brookwood Avenue, Carlisle, Cumberland County, Pennsylvania, 3, In early 2001, Plaintiffs requested the services of Defendant in order to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs, 4. In explaining their needs, Plaintiffs informed Defendant that they expected to have more children but, since their youngest child, Mackenzie, was born by caesarian section, they expected that all future children would born the same way, 5, Acting on this knowledge, on March 5, 2001, Defendant sold an insurance policy from American Medical Security (AMS) of Green Bay, Wisconsin, to Plaintiffs, A copy of Defendant's Memo and Plaintiffs' premium check is attached as Exhibit "A", 6, Based on information and belief, Defendant's chose the AMS insurance policy because Defendant believed it would provide adequate coverage for Plaintiffs and both their children, and would provide coverage for the birth of future children born by caesarian section, 7, In March 2003, Plaintiff Dawn M, Shughart delivered her third child, Morgan, by caesarian section at the Carlisle Regional Medical Center. 8, After Morgan was born, AMS informed Plaintiffs that the caesarian section was considered normal pregnancy and was not covered under the policy, 9, Because the caesarian section was not covered under the AMS policy, Plaintiffs incurred substantial medical expenses and costs that they reasonably expected to have been covered by the policy recommend by their agent, Defendant 10, Defendant owed Plaintiffs a fiduciary and professional duty to advise them on an insurance policy that would fit their needs, 11. Defendant breached its duty to Plaintiffs by: a, failing to properly advise Plaintiffs; b, negligently misrepresenting the limits of coverage of the AMS policy; and c, negligently recommending the AMS policy even though it did not cover a caesarian section. 12, Defendant's breach of its fiduciary and professional duty to Plaintiffs was the direct and proximate cause of Plaintiffs' loss, 13, Plaintiffs have demanded compensation for the bills they had to pay as a result ofthe caesarian section and Defendant has failed to pay, WHEREFORE, Plaintiffs demand judgment against Defendant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that the Court deems just and appropriate. MARTSON DEARDORFF WILLIAMS & OTTO Date: J anuary ~e , 2004 By C~L- ~-L- <;, L Carl C, Risch, Esquire I.D.Number: 75901 Christopher E, Rice, Esquire I.D, No, 90916 Ten East High Street Carlisle, PA 17013 (717) 243.3341 Attorneys for Plaintiffs / - I Miller Insurance Associates, Ine. 19 Brookwood Avenue, Suite 102 Carlisle, PA 17013 Phone: 717.243.4400 FAX: 717.243.2462 email: ...iller@kns.net Memorandum To: John or Tim, American Benefit Services From: Rob Barr, CLU, ChFC cc: Date: Monday, March 05, 2001 Subject: AMS application, Bill Shughart Guys, COpy of the original illustration is included plus the app and first month's premium, Also included is a letter from d.aughter Mackenzie's attending physician which confirms that she no longer has the flow murmur and that her heart sounds are now normal, They are looking to have the plan issued and dated ASAP, Plan is the $30 copay/ $1000 deductible, 80120 of $5000 with prescription plan included, Let me know if you need anything else, Thanks, /~~ tl o ~ 8" ~ lPaylo'he A. I .1 J i Order of. MO', ,...,,~ /J11!'d- ~ Jec"-rlly g~ t. ~ 8 ,'" A' ... ~t ./~~ ~ ~ i Keystope~' ~ Rnanoal ~ Q H_T..................lf..L. WIWAMF. SHUGHART DAWN M. SHUGHART 605 ROXBURY RD NEWVIUE. PA .17241 Da'e 3/ s- /0 I 60-295/313 814 I /~- ;'.'..",77/...'"": $~l.~_ ' Dollars m::<m":" .:001 ~O1O ~gSSI: 00008 ~~ 1.,8S? 311. ~o1 ~8 ... For EXHIBIT IIAII VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own, I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification, This statement and verification are made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties, , 1~'tItl/]' ),IUt g!I1V Dawn Shughart Dated: i / ~ L{ Ie 1 F:\FILES\DA T AFILEIGeneral\Cun'ent\II018-1,com ~~ ~ \D ."CEI\lEL JAN 2 7 200~ VI D\AI'" WlLLIAMF, SHUGHART and DAWN M, SHUGHART, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW 03-6019 CIVIL MILLER INSURANCE ASSOCIATES, INC" Defendant JURY TRIAL OF TWELVE DEMANDED IN RE: MOTION TO COMPEL ORDER AND NOW, this ~ sO day of January, 2004, it appearing that the plaintiffs' motion to compel discovery was withdrawn by praecipe on January 20, 2004, our order of January 26, 2004, is VACATED, BY THE COURT, V<;arl C. Risch, Esquire ,j6hristopher E, Rice, Esquire F or the Plaintiffs .ASharles E, Haddick, Jr., Esquire For the Defendant .Ili :rJm >~:t ~ o 1-30-Q~ VI!\J'Vti'1},S:~~i3d I "Nnn'i (11 ,',\r<i~::(1\~'nf"\ I\J.J j,...'..,< '>..~"" .'..... .",,~'1 V L2 :11 ~lV oC NVnOOl kb"ilONO\;U.O\;ld 3Hl ;jQ 3oB:lQ-(l3'1l:J SHERIFF'S RETURN - REGULAR CASE NO: 2003-06019 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUGHART WILLIAM F ET AL VS MILLER INSURANCE ASSOCIATES VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon MILLER INSURANCE ASSOCIATES INC the DEFENDANT , at 1635:00 HOURS, on the 2nd day of February, 2004 at 19 BROOKWOOD AVENUE SUITE 102 CARLISLE, PA 17013 by handing to KIM SHOFF, VICE PRES, ADULT IN CHARGE a true and attested copy of COMPLAINT AND NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 3.45 ,00 10,00 ,00 31.45 r~~' R, Thomas Kline 02/03/2004 MDW&O Sworn and Subscribed to before By: ~~:h~~~ me this tiC. day of ;'~'";~ AD Prothonotary' ~ WILLIAM F, SHUGHART, and DAWN M, SHUGHART, H/W Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CNIL ACTION - LAW NO, 2003-6019 CNIL TERM MILLER INSURANCE ASSOCIATES, INC, Defendant. JURY TRIAL OF TWELVE DEMANDED CERTIFICATE OF SERVICE I hereby certif'y that a copy ofthe Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E, Haddick Dickie, McCamey & Chilcote 20 South 36th Street Camp Hill, Pennsylvania 17011.4301 MARTS ON DEARDORFF WILLIAMS & OTTO Byf:!fcS IZ- Dated: February 4, 2004 a ~ ~ -on':. 0~C~,' th~S.;. "'5,~, ~--j )"c' ~C:' 7C ~ :.<. ~ '? ..., ~ I ~ o -n -' ::[,.,-1" (n-'-;::. 'rn -00 6' -Ie? ::c:+\ Q("') :&f" " '-, -::t;. .:S: -0 :;r. cf! c:.fI (,>) F:\FILES\DATAFILElGeneral\Cum:ntl] ]0] 8- Lreslcer Created: 12129/03 8:35AM Revised: 311104 5:24PM WILLIAM F, SHUGHART, and DAWN M, SHUGHART, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC" Defendant. PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER AND PLAINTIFFS' NEW MATTER. TO: MILLER INSURANCE ASSOCIATES, Defendant, and its attorney, CHARLES E. HADDlCK, JR. YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Plaintiffs, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby respond to Defendant's New Matter as follows: 14, No response is required, 15, No response is required, To the extent a response is required it is hereby denied, 16, Denied as a conclusion oflaw, To the extent a response is required, Plaintiffs have articulated in their Complaint that Defendant breached its fiduciary and professional duty to advise Plaintiffs on an adequate health insurance policy by failing to properly advise Plaintiffs, negligently misrepresenting the limits of the coverage, and negligently recommending the AMS policy even though it did not cover a caesarian section, 17, Denied as a conclusion of law, To the extent a response is required it is hereby denied, Plaintiffs, using reasonable diligence, did not know nor reasonably should not have known that Defendant was negligent until the date the insurance claim was denied, 18, Denied as a conclusion oflaw, To the extent a response is required, Defendant failed to advise Plaintiffs of adequate health insurance that would cover both themselves and their children, 19, Denied as a conclusion of law, To the extent a response is required it is hereby denied, 20, Denied as a conclusion of law, To the extent a response is required it is hereby denied, Defendant's representatives, employees, agents, and/or servants were the proximate cause of the injury, 21-22, Denied as a conclusion oflaw, To the extent responses are required they are hereby denied, Plaintiffs did not know nor reasonably should not have known that the insurance policy would not cover a caesarian section, 23, Denied as a conclusion of law, To the extent a response is required it is hereby denied, 24, Denied, Defendant owed a fiduciary duty and a professional duty to Plaintiffs to advise them on an adequate insurance policy that would meet their needs, 25, Denied as a conclusion oflaw, To the extent a response is required, it is admitted that Robert Barr was employed by Defendant. 26, Denied as a conclusion of law, To the extent a response is required it is hereby denied, 27, Denied, To the extent a response is required, Plaintiffs have articulated in their Complaint that Defendant breached its fiduciary and professional duty to advise Plaintiffs on an adequate health insurance policy by failing to properly advise Plaintiffs, negligently misrepresenting the limits of the coverage, and negligently recommending the AMS policy even though it did not cover a caesarian section, WHEREFORE, Plaintiffs demand judgment against Defendant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that the Court deems just and appropriate, NEW MATTER 28, Paragraphs 14 - 27 are incorporated by reference as if fully set forth herein, 29, At all relevant times, Robert Barr was a representative, agent, employee, and/or servant of Defendant Miller Insurance Associates, Inc, See letters attached hereto and incorporated by reference as Exhibit "A." 30, At all relevant times, Defendant held out Robert Barr as its representative, agent, employee, and/or servant to Plaintiffs and vice versa, See Exhibit "A" attached hereto and incorporated by reference, 31. At all relevant times, Plaintiffs looked to Defendant for advice in obtaining an adequate insurance policy, rather than to Robert Barr individually, 32, At all relevant times, Plaintiffs justifiable relied on Defendant that Robert Barr was its representative, agent, employee, and/or servant. 33, Defendant Miller Insurance Associates, Inc" through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, was the proximate cause of Plaintiffs' injuries, 34, Defendant Miller Insurance Associates, Inc" through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, owed a fiduciary and professional duty of care to Plaintiffs, 35, Robert Barr had the apparent authority to represent Defendant and Defendant is liable for the torts of Robert Barr committed in the scope of his agency and/or employment. 36, Plaintiffs did not know nor reasonably should not have known that the Defendant was negligent in advising Plaintiffs on an adequate insurance policy until the date the insurance coverage for Plaintiffs caesarian section was denied, 37, Despite Plaintiffs reasonable diligence to discover the negligence of Defendant, Defendant's negligence, which was the result of a breach of duties, did not reveal the negligence until the date the insurance coverage for Plaintiffs caesarian section was denied, WHEREFORE, Plaintiffs demand judgment against Defendant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that the Court deems just and appropriate, MARTSON DEARDORFF WILLIAMS & OTTO (@i) Date: March '2- , 2004 By Carl C, Risch, Esquire LD, No,: 75901 Christopher E, Rice, Esquire LD, No,; 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintifft Miller Insurance Associates, Inc. 19 Brookwood Avenue, Suite 102 Carlisle, P A 17013 Phone: 717,243.4400 FAX: 717,2432462 ematl: miller@kns,net Mernorandwn To: John or Tim, American Benefit Services From: Rob Barr, CLU, ChFC cc: Date: Monday, March 05, 2001 Subject: AMS application, Bill Shughart Guys, Copy of the original illustration is included plus the app and first month's premium. Also included is a letter from cfaughter Mackenzie's attending physician which confirms that she no longer has the !1ow murmur and that her heart sounds are now normal. They are looking to have the plan issued and dated ASAP. Plan is the $30 copay/ $1000 deductible, 80/20 of $5000 with prescription plan included. Let me know if you need anything else. Thanks. /~<< [~I=; ~ ~~~:E~.~~~~:::T ~t NEWYlllE~ P~17241 Date3/>:/tJl Q ~ Pay to ,he A' I I ) i OnleroE /"~''''A~ /J1~du Jec<-<.nf; 18~,LA~ ~~ ! Keystone~' ~. l Financial , o K"7_.....r~s.....J<,N.A... 60-295/313 314 I /:;1<'0 I,,, r~f71 . $ Z.U_k.:: Doll.", 'f'I~""'" W~~...... l:oH3o29SSI: 00008 d/~?:~ 4857 W 2'l ~8 M' For EXHIBI'r A ----- - - , MILLER INSURANCE ASSOCIATES, INC. ".''''''''- ~~ -"- - 19 BROOKWOOD AVENUE, SU'TE 102' CARUSLE, PENNSYLVANIA 17013' (717) 243-4400' FAX (717) 243-2462 E.MAIL: MILLfR@KNS.NET February 2, 200 I William F. Shughart 605 Roxbury Road Newville, PA 17241 Re: Medical Insurance Dear Bill Enclosed is the application, I filled out what 1 could. Which copay/deductible do you want? The rates are for automatic check account withdrawal, If you want direct monthly, I will have to get the rate for you If you have any questions, please feel free to call me, Sincerely, I~ Robert T, Barr, Jr., CLV, ChFC VERIFICATION The foregoing Response and New Matter is based upon information which has been gathered bymy counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own, I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification, This statement and verification are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties, D=gh~#- - Dated: March 1, 2004 F:\F1LES\DATAFILEIGeneral\Current\! [018-1 ,fes CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E, Haddick Dickie, McCamey & Chilcote 20 South 36th Street Camp Hill, Pennsylvania 17011-4301 MARTSON DEARDORFF WILLIAMS & OTTO ) u:4L By L--t:..', Christopher E, Rice c;f2-. 2. Dated: March _, 2004 o C "'? ~''''" q~ r;1 (7) }"~; c'< r:: 1~f:) ;,~c= ~ r-> "." .."" .c- ::z: ". ;>j I N ~ ~ rn:!J -oF;; .09 bc:, ~-r; :1:.,., C")---; -:?:~" (:)' ~::.~ ~ -0 -',,, -' ~ N 01 DICKIE, MCCAMEY & CffiLCOTE, P.c. BY: CHARLES E. HADDICK, JR., ESQillRE ATTORNEY In. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY In. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. : Defendant NOTICE TO PLEAD TO: William F. Shughart and Dawn M. Shughart, h/w c/o Carl C, Risch, Esquire Christopher E, Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PAl 70 \3 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Date: February 27. 2004 Li:AMEY & CffiLCOTE, P.c. Charles E, Haddick, Jr" Esquire Attorney LD, No; 55666 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)7314800 Attorney for Defendant DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW vi. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. Defendant ANSWER WITH NEW MATTER OF DEFENDANT. MILLER INSURANCE ASSOCIATES. INC. TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Miller Insurance Associates, Inc" by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P,C" by Charles E, Haddick, Jr., Esquire, and responds to Plaintiffs' Complaint as follows: 1.-2, Admitted, 3, Denied as stated, Denied, To the contrary, in or about early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs, At all times material hereto, Mr, Barr was an independent contractor, Answering Defendant acted reasonably, properly, and prudently at all times material hereto, Furthermore, Answering Defendant hereby incorporates by reference Answer with New Matter below as if fully set forth herein, 4,-6, Denied, After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. By way of further response, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial, By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto, At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. 7,-9, Denied, After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto, At all times material hereto, Mr, Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein, 10,-12, Denied as a conclusion oflaw to which no response is required, In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto, At all times material hereto, Mr, Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein, 13, Denied as stated, It is admitted that Plaintiffs have demanded compensation for bills they had to pay as a result of the caesarian section and Answering Defendant has failed to pay, It is specifically and unequivocally denied that Answering Defendant owes any such obligation to pay and incorporates by reference paragraphs 1 through 12 above as well as New Matter appearing below, By way of further response, Answering Defendant acted reasonably, properly and prudently at all times material hereto, At all times material hereto, Mr, Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein, WHEREFORE, Answering Defendant respectfully requests this Honorable Court to grant judgment in their favor and against all other parties with all allowable costs and attorney's fees, NEW MATTER 14, Answering Defendant hereby incorporates by reference paragraphs 1 through 13 above as iffully set forth herein, 15, Answering Defendant specifically denies any allegations of Plaintiffs' Complaint not admitted above, 16, Plaintiffs have failed to state a claim against Answering Defendant upon which relief can be granted, 17, Plaintiffs' claims are barred by the applicable statute of limitations, 18, At all times material hereto, Answering Defendant acted reasonably properly and prudently, 19, The alleged negligence of Answering Defendant, such negligence being specifically denied, was not the proximate cause of the damage alleged by Plaintiffs, if any, 20, The alleged damages sustained by Plaintiffs, if any, was proximately caused by parties other than Answering Defendant, of whom Answering Defendant had no control nor the right of control. 21, Plaintiffs, at all times material hereto, were guilty of contributory negligence, said negligence being the proximate cause of Plaintiffs' damages and such negligence constitutes a complete bar to Plaintiffs' claims, 22, Alternatively, at all times material hereto, Plaintiffs were guilty of comparative negligence and such negligence was comparatively higher than the alleged negligence of Answering Defendant; accordingly, Plaintiffs' claims are barred, or in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 23, Plaintiffs failed to mitigate their alleged damages, if any, 24, At no time material hereto did Answering Defendant owe any duty to Plaintiffs, 25, At all times material hereto Plaintiffs' account was served by Agent Robert Barr, who at all times material hereto was an independent contractor and not an agent, servant or employee of Answering Defendant. 26, At all times material hereto, Answering Defendant acted reasonably, properly and prudently, 27, At no time material hereto did Answering Defendant breach any duty to any party in this litigation, WHEREFORE, Answering Defendants respectfully request this Honorable Court to grant judgment in their favor and against all other parities with all allowable costs and attorney's fees, Date: Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.c. Februarv 27.2004 CL~ Charles E, Haddick, Jr" Esquire Attorney LD, No: 55666 Jason P, McNicholl, Esquire Attorney LD, No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendants r..b 12 04 02:03", mill@r in~ur~nce 8~50C 7172432462 ",.4 VERIFICATION I, Gene Miiler, h.".ooy verify thai the tact; set forth in Defendaal:', Answer with New Matter to Plaintiff's Compliant are tcue and correct to the best <lfmy kn<lwledge, mlbnnatiulI and belief, I understand that fuIse statements herein ore made subject to th.e penalties of 18 Pa.C,S. ~4904, relating to unswom falsification to autborities, Miller insuranee Associaies. Ine, f). .,9.. 3 " 0 \ 8A.~ ~,,-~ Date' "TI\P:ih CERTIFICATE OF SERVICE AND NOW, this 21 day of (cb , 2004, I, Charles E, Haddick, Jr" Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the V,S, mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mail: Carl C, Risch, Esquire Christopher E, Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Q~ Charles E, Haddick, Jr" Esquire , ," '" 0 ., C.:l F; c:::;> -;1 .<- ::::J , rn -"1 ::"":1 r :"1 I ,~] f',) C, "''1'. <.J ~T~ -~') iTI 1'0 ,-> 1'0 .' F:\FILESIDA T AFILE\General\Current\ 11 0 18-], first.amend.oom Created: 3/5/042:36PM Revised: 3/16104 1:47PM WILLIAM F, SHUGHART, and DAWN M, SHUGHART, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO. 2003.6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC" 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Date: March /1 , 2004 By Cf7,_4j_ f. IZ- Carl C, Risch, Esquire LD,Number: 75901 Christopher E, Rice, Esquire LD, No, 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs WILLIAM F, SHUGHART, and DA WNM, SHUGHART, H/W, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v, CIVIL ACTION - LAW NO, 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC" Defendant. FIRST AMENDED COMPLAINT 1, Plaintiffs, William F, Shughart and Dawn M, Shughart, are adult individuals residing at 605 Roxbury Road, Newville, Cumberland County, Pennsylvania, 2, Defendant, Miller Insurance Associates, Inc" is a corporation doing business at 19 Brookwood A venue, Carlisle, Cumberland County, Pennsylvania, 3, At all relevant times, Robert Barr was a representative, agent, employee, and/or servant of Defendant. See Letter and Memo attached hereto and incorporated by reference as Exhibit "A." 4, At all relevant times, Defendant held out Robert Barr as its representative, agent, employee, and/or servant to Plaintiffs and vice versa, See Exhibit "A" attached hereto and incorporated by reference, 5, At all relevant times, Plaintiffs justifiable relied on Defendant that Robert Barr was its representative, agent, employee, and/or servant. 6, In early 2001, Plaintiffs requested the services of Defendant in order to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs, 7, At all relevant times, Plaintiffs looked to Defendant for advice in obtaining an adequate insurance policy, rather than to its representatives, agents, employees, and/or servants individually, 8, In explaining their needs, Plaintiffs informed Defendant that they expected to have more children but, since their youngest child, Mackenzie, was born by caesarian section, they expected that all future children would born the same way, 9, Acting on this knowledge, on March 5, 2001, Defendant sold an insurance policy from American Medical Security (AMS) of Green Bay, Wisconsin, to Plaintiffs, A copy of Defendant's Memo and Plaintiffs' premium check is attached as Exhibit "A", 10, Based on information and belief, Defendant's chose the AMS insurance policy because Defendant believed it would provide adequate coverage for Plaintiffs and both their children, and would provide coverage for the birth of future children born by caesarian section, 11. In March 2003, Plaintiff Dawn M, Shughart delivered her third child, Morgan, by caesarian section at the Carlisle Regional Medical Center. 12, After Morgan was born, AMS informed Plaintiffs that the caesarian section was considered normal pregnancy and was not covered under the policy, 13, Because the caesarian section was not covered under the AMS policy, Plaintiffs incurred substantial medical expenses and costs that they reasonably expected to have been covered by the policy recommend by their agent, Defendant. 14, Defendant, through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, owed Plaintiffs a fiduciary and professional duty to advise them on an insurance policy that would fit their needs, 15, Defendant, through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, breached its duties to Plaintiffs by: a, failing to properly advise Plaintiffs; b, negligently misrepresenting the limits of coverage of the AMS policy; and c, negligently recommending the AMS policy even though it did not cover a caesarian section, 16, Defendant's breach, through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, of its fiduciary and professional duty to Plaintiffs was the direct and proximate cause of Plaintiffs' loss, 17, Robert Barr had the apparent authority to represent Defendant and Defendant is liable for the torts of Robert Barr committed in the scope of his agency and/or employment, 18, Plaintiffs have demanded compensation for the bills they had to pay as a result ofthe caesarian section and Defendant has failed to pay, 19, Plaintiffs did not know nor reasonably should not have known that the Defendant, through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, was negligent in advising Plaintiffs on an adequate insurance policy until the date the insurance coverage for Plaintiffs caesarian section was denied, 20, Despite Plaintiffs reasonable diligence to discover the negligence of Defendant, Defendant's negligence, which was the result of a breach of duties, was not revealed to Plaintiffs until the date the insurance coverage for Plaintiffs' caesarian section was denied, WHEREFORE, Plaintiffs demand judgment against Defendant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that the Court deems just and appropriate. MARTS ON DEARDORFF WILLIAMS & OTTO By llli2Q Date: March /:r, 2004 Carl C, Risch, Esquire I.D,Number: 75901 Christopher E, Rice, Esquire I.D, No, 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Miller Insurance Associates, Inc. 19 Brookwood Avenue, Suite 1,02 Car lisle, P A 17013 Phone: 717243.4400 FAX: 7172432462 ernai1: ~Uler@kns,net Mmwrandum To: John or Tim, American Benefit Seruices From: Rob Barr, CLU, ChFC ce.- Date' Monday, March 05, 2001 Subject: AMS application, Bill Shughart Guys, Copy of the original illustration is included plus the app and first month's premium. Also included is a letter from cfaughter Mackenzie's attending physician which confirms that she no longer has the now murmur and that her heart sounds are now normal. They are looking to have the plan issued and dated ASAP. Plan is the $30 copay/ $1000 deductible, 80/20 of $5000 with prescription plan included, Let me know if you need anything else, Thanks, /* '--,-,,,,,~,,',,,.-- - ,.- D"t3,1,,/0 ( 3 lPayfotb.e I 'j ,i OcJerof /j~j,,^~ /l1e'/'u) .JcY,,-nf;, I Is ~~,L~/VV~ ;;t~~ ~-/j(AO KeJstone~' Financial ~ ."--".' WILLIAM F. SHUGHART DAWN. M_ SHUGHART 605 ROXBURY RD NE'NVIUE~ PA 17241 &0-295/3\3 814 :~f71 . $Uij;::. DoUe.rs f1j~""" foe 1:oH:J02CJSS1: 00008 ~~~r~t l, B S 7 j II' 2 j 1 B 0 w Ii II K"7_""'F'~Ba-o...~~ EXHIBIT A '"",-- MILLER INSURANCE ASSOCIATES, INC. "~--~~.,, ..:! - ~~....~-- ~ ~ ~ .. , W"~ :f;~~:.(;~:j1 ~rJ.j~~;~J ",,""~~'/JY ~'~'~'~v~ lli1[tj 19 BROOKWOOD AVENUE, SUITE 102' CARLISLE, PENNSYLVANIA 17013' (717) 243-4400' FAX (717) 243,2462 E-MAIL: MILLER@KNS..NET February 2, 2001 William F. Shughart 605 Roxbury Road Newville, P A 17241 Re Medical Insurance Dear Bill: Enclosed is the application. I filled out what I could. Which copay/deductible do you want? The rates are for automatic check account withdrawal. If you want direct montWy, 1 will have to get the rate for you If you have any questions, please feel free to call me, Sincerely, i~ Robert T. Barr, Jr, CLU, ChFC VERIFICATION The foregoing Amended Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit, The language of the document is that of counsel and not my own, I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification, This statement and verification are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties, fL~' Dawn Shugha Dated: March IS, 2004 F IFI LES\DA T AFILEIGeneral\Current\] 10] 8-1 first. amend com CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E, Haddick Dickie, McCamey & Chilcote 20 South 36ih Street Camp Hill, Pennsylvania 17011-4301 MARTS ON DEARDORFF WILLIAMS & OTTO ByCP~,l ).IL Christopher E, Rice Dated: March H, 2004 ("] ..j _(' r0 01 ,..., c::;:> L.... .i,;;;- ~ o 'Tl ::;! ["11:21 r'--- -rJrTl ;~1 ~>. .?c:j in ::-~.:J 0:) <;.} F:\F1LES\DATAFlLE\General\Archive\GENDOC03\ 11018_1,consenttoamendlcer Created: 09129!97 10:46:37 AM Revised: 03!05/040348:30PM 8369.4 WILLIAM F, SHUGHART, and DAWN M, SHUGHART, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CNIL ACTION - LAW NO, 2003.6019 CNIL TERM MILLER INSURANCE ASSOCIATES, INC" Defendant. CONSENT FO~ PURSUANT TO Pa.R.C.P. 1033 By signing this Consent Form, Defendant, Miller Insurance Associates, Inc" acknowledges, agrees, and permits, without contesting, that Plaintiffs, William F, Shughart and Dawn M, Shughart, may amend their Complaint for the action noted above and file with the Prothonotary's Office of Cumberland County, a First Amended Complaint. COr!? Defendants LL~ Charles E, Haddick, Jr. Date: March 12, 2004 '1. t" rDC? 9 r ~YN o ~:.~ r-;> C..:;) = .r-- ~ ,>' '^' ::r c:> o -n .-1 :~; :!] I'" ~~~~ ~-:~f~ -, ~-:l C,) ",;::., N _, (...'"1 DICKIE, MCCAMEY & CIDLCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ro. NO. 55666 ATTORNEY FOR: DEFENDANT BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ro. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. Defendant NOTICE TO PLEAD TO: Robert T. Barr, Jr., CLU, ChFC 509 Glendale Street Carlisle, PAl 7013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE wrrnlN JOINDER COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOu. Respectfully submitted, Date: March 17. 2004 a:CCAMEY & CIDLCOTE, P.C. Charles E. Haddick, Jr" Esquire Attorney LD, No: 55666 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendants DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. MILLER INSURANCE ASSOCIATES, INC. DOCKET NO: 2003-6019 Defendant v. ROBERT BARR Additional Defendant JOINDER COMPLAINT OF DEFENDANT MILLER INSURANCE ASSOCIATES. INC. AGAINST ADDITIONAL DEFENDANT. ROBERT BARR AND NOW, comes Defendant, Miller Insurance Associates, Inc., by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.c., by Charles E. Haddick, Jr., Esquire, and files the within Joinder Complaint as follows: I. Answering Defendant hereby incorporates by reference paragraphs I through 2 of Plaintiffs' Complaint as if fully set forth herein. Plaintiffs' Complaint is attached hereto as Exhibit "A." 2. Answering Defendant hereby incorporates by reference its Answer with New Matter to Plaintiffs' Complaint as if fully set forth herein. Defendants' Answer with New Matter to Plaintiffs' Complaint is attached hereto as Exhibit "B." 3. Additional Defendant, Robert Barr, was at all times material hereto an independent contractor insurance agent. Mr. Barr's current business is 509 Glendale Street, Carlisle, PA 17013. COUNT I Nel!lil!ence 4. Joining Defendant hereby incorporates paragraphs I through 3 above as if fully set forth herein. 5. Without admitting any liability, Joining Defendant hereby incorporates by reference paragraphs I through 15 of Plaintiffs , Complaint. 6. The allegations set forth in Plaintiffs' Complaint relate to acts, omissIons, and negligence of Additional Defendant Barr. 7. At all times material hereto, and at the times of the conduct complained of, Agent Barr was an independent contractor, and not an agent, servant or employee of Defendant, Miller Insurance. 8. If Plaintiffs are entitled to any recovery, based on the conduct and allegations set forth above, the liability is the sole liability of Additional Defendant Barr. In the alternative, Additional Defendant Barr is liable over, jointly and severally liable and/or liable for contribution and/or indenmity. WHEREFORE, Defendant, Miller Insurance Associates, Inc., respectfully requests that the Court enter judgment in its favor and against Additional Defendant, Robert Barr together with all allow costs and attorney's fees. COUNT II Breach of Contract 9. Joining Defendant hereby incorporates paragraphs 1 through 8 above as if fully set forth herein. 10. The business relationship between Defendant Miller and Additional Defendant Barr is rnemorialized in Defendant Barr's employment agreement. A copy of the Agreement is attached hereto as Exhibit "C." 11. Under the agreement, Additional Defendant Barr was at all times material hereto acting as an independent contractor. See Exhibit "C." 12. At all times material hereto, Additional Defendant Barr was contractually obligated to obtain separate errors and omissions liability insurance coverage to insure any liability for any insurance services rendered during his insurance services rendered during his independent contractor relationship with Miller Insurance. 13. Upon information and belief, Additional Defendant Barr has made a claim against at least one errors and omissions insurance carrier for the claims contained in Plaintiffs' Complaint. 14. Upon information and belief, the aforementioned errors and omissions insurance carrier has declined coverage on the grounds that Mr. Barr's errors and omissions policy does not cover the acts complained of by Plaintiffs. 15. Based on the aforementioned, Additional Defendant Barr has independently and separately breached his independent contractor agreement with Miller Insurance Associates, Inc., by failing to obtain necessary and appropriate errors and omissions insurance coverage which, (1) was both required by the agreement and (2) would have covered Plaintiffs' losses as set forth in Plaintiffs' Complaint, the allegations of which are specifically and unequivocally denied by Defendant, Miller Insurance. 16. As a result of the aforementioned breach of contract, Additional Defendant Barr is solely and independently liable to Defendant Miller Insurance for any sums Miller is deemed liable to pay in this action. WHEREFORE, Defendant, Miller Insurance Associates, Inc., respectfully request that the Court enter judgment in its favor and against Additional Defendant, Robert Barr, together with all allowable costs and attorney's fees. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.c. Date: March 17. 2004 ~ Charles E. Haddick, Jr., Esquire Attorney LD. No: 55666 Jason P. McNicholl, Esquire Attorney LD. No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendants F..b 12 04 02:08p miller insur~nce ~550C 7172432462 p.l0 VF.RIFICA nON 1, Gene Miller, hereby verify that the facts ~e\ forth in Defendant':; Joinder Complainl are true and co,=, to the best of my knowledge, ,nroml.liun andbdief. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to l"'swom falsification to authorities. Miller lnsurance Associates, lnc. B .~3 ,at.( ~-~-' ~ Date: a I fI M. EXHIBIT "A" Feb 02 04 05:02p miller insurance assoc 7172432482 o ) " : ) .6:\FILESIDAT AFJLE\(k>>erB~r.utTmt\IIOIII_I.o;Olrice.- C",al"", 12/Z9/(l3 8:35AM Rtvifed: If2lll04 9:z.4A.M 3050.245 p.2 ~"'_, IN THE COURT OF COMMON PLEAS'OF CUMBERLAND COUNTY, PENNSYL V ANlA WILLIAM F. SHUGHART, and DA WN M. SHUGHART, H1W, Plaintiffs, v. CIVIL ACTION - LA W NO. 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC., 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, nns OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO 1 RUE COpy FROM RECORD . "/ ~n T ll$UmollY Whef'oo1, I hl.lfO unto set my hall() By C~L Yvr'L c;- . !'2--- ;".,1 tt~1l!!1 al said COUrt at Call1at. Pa. Carl C. Risch, Esquire "~ ~~ ~...._. ~_~D~ ~_._n__'y~. I.D.Number: 75901 - ----:;:;::" ~ Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013 (7] 7) 243-3341 Date: January";!) , 2004 Attorneys for Plaintifft . ((; (Q; CCQ:! ~: Feb 02 04 05:02p miller insurance assoc " 'j 7172432482 - \ ! p.3 WILLIAM F. SHUGHART, and DA WNM. SHUGHART,HIW, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-6019 CIVIL TERM . MILLER INSURANCE ASSOCIATES, INC., Defendant. COMPLAINT I. Plaintiffs, WilliamF. Shughart and DawnM. Shughart, are adult individuals residing at 605 Roxbwy Road, Newville, Cumberland Counly, Pennsylvania. 2. Defendant, Miller Insurance Associates, Inc., is a corporation doing business at 19 Brookwood Avenue, Carlisle, Cumberland County, Pennsylvania. 3. In early 200 I, Plaintiffs requested the services of Defendant in order to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. 4. In explaining their needs, Plaintiffs informed Defendant that they expected to have more children but, since their youngest child, Mackenzie, was born by caesarian section, they expected that all future children would born the same way. 5. Acting on this knowledge, on March 5, 2001, Defendant sold an insurance policy from American Medical Security (AMS) of Green Bay, Wisconsin, to Plaintiffs. A copy of Defendant's Memo and Plaintiffs' premium check is attached as Exhibit "A". 6. Based on information and belief, Defendant's chose the AMS insurance policy because Defendant believed it would provide adequate coverage for Plaintiffs and both their children, and would provide coverage for the birth of future children born by caesarian section. 7. In March 2003, Plaintiff Dawn M. Shughart delivered her third child, Morgan, by caesarian section at the Carlisle Regional Medical Center. 8. Aiter Morgan was born, AMS informed Plaintiffs tlmt the caesarian section was considered normal pregnancy and was not covered under the policy. Feb 02 04 05:02p mille~ insurance assoc :~) 7172432482 : ) p.4 9. Because the caesarian section was not covered tmder the AMS policy, Plaintiffs incurred substantial medical expenses and costs that they rcasonably expected (0 have been covered by the policy recommend by their agent, Defendant. ] O. Defendant owed Plaintiffs a fiduciary and professional duty to advise them on .3.l1 insurance policy tllat would fit their needs. II. Defendant breached its duty to Plaintiffs by: a. failing to properly advise Plaintiffs; b. negligently misrepresenting the limits of coverage of the AMS policy; and c. negligently recommending the AMS policy even though it did not cover a caesarian section. 12. Defendant's breach of its fiduciary and professional duty to Plaintiffs was the direct and proximate cause of Plaintiffs' loss. 13. Plaintiffs have demanded compensation for the bills they had to pay as a result of the caesari3.l1 section and Defendant has failed to pay. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that the Court deems just and appropriate. MARTSON DEARDORFF WILLIAMS & OTTO Date: January~, 2004 By LlK.-4rL <: L. Carl C. Risch, Esquire LD.Number: 75901 Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street C3.l'lisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Feb 02 04 05:03p miller insurance assoc - ) 7172432482 ~ , j ".5 .::"'~ ; } Miller Insurance Associates, IDe. , ) 19 Brookwood Avenue, Suite 102 Carlisle, P A 17013 Phone: 717.243.4400 FAX; 717.243.2462 email: !T1iller@kns.net Memorandum To: John or Tim, American Benefit Services From: Rob Barr, CLU, ChFC cc: Date: Monday, March 05, 2001 SUbject: AMS application, Bill Shughart Guys, Copy of the original illustration is included plus the app and first month's premium. Also included is a letter from daughter Mackenzie's attending physician which confirms that she no longer has the flow murmur and that her heart sounds are now normal. They are looking to have the plan issued and dated ASAP. Plan is the $30 co pay! $1000 deductible, 80120 of $5000 wlth prescription plan included. Let me know if you need anything else. Thanks. /~~ . ..._,;:-_.,....- -"-.,-- . . . WIU.lAM F~ S'HUGHART .' DAWN M. SHUGHART 605 ROXBURY RD . ~t NEW.'!:;:P:!1'7241 D4te~1"'/PI ~ lP"ytDthe A', ./ i Order of ,h~,V'a~ /J1l!'dc., J Jec<<.rd; 1~~~~~/&I~ , f:Qr----... ~r;; AI t I:OH10~q551: 00008 1,85?:l1l" ~H8 ~ 60-296/313 81' I /~..." t:. 77%-- .....-. $ uf y'- ' '.-'.'- --,,-. - Dollar, m==-,:: ... Feb 02 04 05:03p . '. . , miller in5urance assoc ;'"~) 7172432482 o ) p.8 VERlFICA TION The foregoing Complaint is based upon information wbich has been gathered by my counsel in the preparation of the lawsuit. The language of the document is tbat of counsel and not my own. I baveread tbe document and to the extent tbat it is based upon information which I have given to my counsel, it is true and couectlo the best of my knowledge, information and belief To the extent that the content of tbe document is that of counsel, I have relied upon counsel in making this verification. Tbis statemcnt and verification are made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal pcnalties. :. .( ~ #.. I I -. ("V'. /,f-';'I.f",~.Ij~"" ) t ......",vl"h, '\IV I Dawn Shughart " Dated: ,~L, C'" ; J;' f:\j'ILES\DA TAFllli\G""IO::l"lIt\ClIll'Cm\1 JOI g. J .com EXHIBIT "B" ) -~~) DICKIE, MCCAMEY & CIDLCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY In. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ro. NO. 89062 1200 Camp mil Bypass Suite 205 Camp Hili, PA 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) i" ~ \j{- ~_~________w____________ ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, HJW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. : Defendant () C~ '" c::=> (..::.J .~.- ~v C.J r'.) o -';1 --, rii2 , ;38 0,L, ---t~ ~~~ (-"In l~ --,< NOTICE TO PLEAD ::;r.: ~~ , '" TO: William F. Shughart and Dawn M. Shughart, h/w e/o Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle,PA 17013 l-; / --' -< YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATIER OF DEFENDANf TO PLAINTIFFS' COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Date: February 27. 2004 CJ:AMEY & CIDLCOTE, P.c. Charles E. Haddick, Jr., Esquire Attorney 1.D. No: 55666 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendant ) - ) DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDlCK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tel e) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW vi. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. Defendant ANSWER WITH NEW MATTER OF DEFENDANT. MILLER INSURANCE ASSOCIATES. INC. TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Miller Insurance Associates, Inc., by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.C., by Charles E. Haddick, Jr., Esquire, and responds to Plaintiffs' Complaint as follows: 1.-2. Admitted. 3. Denied as stated. Denied. To the contrary, in or about early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. At all times material hereto, Mr. Barr was an independent contractor. Answering Defendant acted reasonably, properly, and prudently at all times material hereto. Furthennore, Answering : ) } Defendant hereby incorporates by reference Answer with New Matter below as if fully set forth herein. 4.-6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. By way of further response, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prndently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. 7.-9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 10.-12. Denied as a conclusion of law to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an , c ) , ) independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 13. Denied as stated. It is admitted that Plaintiffs have demanded compensation for bills they had to pay as a result of the caesarian section and Answering Defendant has failed to pay. It is specifically and unequivocally denied that Answering Defendant owes any such obligation to pay and incorporates by reference paragraphs I through 12 above as well as New Matter appearing below. By way of further response, Answering Defendant acted reasonably, properly and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. WHEREFORE, Answering Defendant respectfully requests this Honorable Court to grant judgment in their favor and against all other parties with all allowable costs and attorney's fees. NEW MATTER 14. Answering Defendant hereby incorporates by reference paragraphs I through 13 above as if fully set forth herein. 15. Answering Defendant specifically denies any allegations of Plaintiffs' Complaint not admitted above. 16. Plaintiffs have failed to state a claim against Answering Defendant upon which relief can be granted. 17. Plaintiffs' claims are barred by the applicable statute of limitations. 18. At all times material hereto, Answering Defendant acted reasonably properly and prudently. 19. The alleged negligence of Answering Defendant, such negligence being specifically denied, was not the proximate cause of the damage alleged by Plaintiffs, if any. 20. The alleged damages sustained by Plaintiffs, if any, was proximately caused by parties other than Answering Defendant, of whom Answering Defendant had no control nor the right of control. 21. Plaintiffs, at all times material hereto, were guilty of contributory negligence, said negligence being the proximate cause of Plaintiffs' damages and such negligence constitutes a complete bar to Plaintiffs' claims. 22. Alternatively, at all times material hereto, Plaintiffs were guilty of comparative negligence and such negligence was comparatively higher than the alleged negligence of Answering Defendant; accordingly, Plaintiffs' claims are barred, or in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 23. Plaintiffs failed to mitigate their alleged damages, if any. 24. At no time material hereto did Answering Defendant owe any duty to Plaintiffs. 25. At all times material hereto Plaintiffs' account was served by Agent Robert Barr, who at all times material hereto was an independent contractor and not an agent, servant or employee of Answering Defendant. 26. At all times material hereto, Answering Defendant acted reasonably, properly and prudently. 27. At no time material hereto did Answering Defendant breach any duty to any party in this litigation. WHEREFORE, Answering Defendants respectfully request this Honorable Court to grant judgment in their favor and against all other parities with all allowable costs and attorney's fees. Date: . ) 1 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. February 27.2004 ,./ Charles E. Haddick, Jr., Esquire Attorney LD. No: 55666 Jason P. McNicholl, Esquire Attorney LD. No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 Attorney for Defendants F..b 12 04 02:03" {\ll..r " j insurance A!l50C 7172432462 c, '. ~ p." VERIFICATION I, Gene Miller, herei>y vl:I'ify tha! the facts set forth in Defendall1'. Answer wilh New Matter to Plaintiffs Compliant are true and correct to the best afmy knowledge, informatiun and belief. [ understand that fidse statements herein are made subject to the penalties of I g P..c.s. ~4904, relating to UIlSwom falsification to authorities. Miller Insurance Associates. Inc. f).. .~ 3 ,,0 \ 6^.~ ~ Date: t'TnFih CERTIFICATE OF SERVICE AND NOW, this 2J. day of r c. b , 2004, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mall: Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle,PA 17013 Q~ Charles E. Haddick, Jr., Esquire EXHIBIT "C" SOLJCITOR'S AGREEMENT THIS AGREEMENT, made this] st day of October, 2000, by and between MILLER INSURANCE ASSOCIATES, INC., a Pennsylvania corporation with offices in Carlisle, Cumberland County, Pennsylvania, (hereinafter referenced as "Agency") and Robert T Barr, Jr. (hereinafter referenced as "SOLJCJTOR and/or AGENT"), replaces all previous Agreements, written or implied. J. TERM OF AGREEMENT: Agency hereby contracts Solicitor and Solicitor hereby accepts contract with Agency for an indefinite period which may be terminated by either party giving Fourteen (14) calendar days' written notice of termination to the other party. Such termination shall not prejudice any remedy which either party may have against the other either at law or in equity 2. DUTIES OF AGENT: Agent is hereby contracted as an insurance producing agent of Agency and ofthe specified insurance companies with which Agency is licensed to issue policies of insurance. The duties of Agent shall include the following: (a) Reference of all applications for insurance processed by Agent to Agency for approval. Time is of the essence (b) Remission to Agency of all premiums collected within Twenty-four (24) hours of collection. (c) Provisions of all information and discharge of all othe, steps necessary to enable Agency to obtain a fidelity bond conditioned on the ,endering ofa true accounting by Agent of all monies or other property of Agency which may come into the custody, charge of possession of Agent during the term of contract The surety company issuing the bond and the amount of the bond must be acceptable to Agency in the sole discretion of Agency with all premiums on the bond to be paid by the Agency. (d) Agent shall not directly or indirectly render any services of a business, cOlmnercial or professional nature to any other person or organization, whether for compensation or other wise, without prior written consent of Agency. (e) Discharge of such other duties as may be assigned to Agent from time to time by Agency. ) 3. COMPENSATION As compensation for services rendered under this Agreement, Agent shall receive the following: (a) Agent's share of new business shall be 75 percent ofbase commissions earned upon all new life business written and 75 percent of new health business written by Agent. (b) Agent's share of new business shall be 50 percent of base commissions earned upon all new property and casualty business written by Agent with the exception of brokerage business to which there will be no commission paid to Agent unless specifically provided for by Agency. (c) "New Insurance Business" is defined as new policies sold by Agent to the exclusion of renewals of policies placed through Agency whether such renewals a'e policies originally written by Agency 0' Agent. (d) Agent's share ofrenewaJ property and casualty business shall be 25 percent of commissions earned upon all renewal business written by Agent with the exception of brokerage business to which there will be no renewal commission paid to Agent. (e) Agent's share of renewal life and health business shall be 50 percent of conumssions earned upon all renewal business written by Agent with the exception of brokerage business to which there will be no cOlrumssion paid to Agent unless specifically provided for by Agency. 4. AGENT'S ERRORS AND OMISSIONS INSURANCE: Errors and Omissions insurance coverage will be provided by Agent. 5. AGENT'S EXPENSES: No provisions are made for any expenses Agent incurs unless specifically approved by the Agency prior to the expense being incurred 6. OWNERSHIP OF EXPIRATIONS: The parties hereto further agree that in case of termination of the contract, the Agent agrees not to solicit or to procure others to solicit any of the Agency's customers, it being further mutually understood the ownership of expirations shall at all times be that of the Agency. 7. GENERAL PROVISIONS (a) Agent must comply with Agency Rules and Regulations and othe, regulations deemed standard in the industry. (b) Agent is not authorized to bind insurance or cancel same except as expressly provided for by the insurance compaJ1Y agreements with the Agency. .' (c) (d) (e) (g) If Agent willfully breaches or habitually neglects the duties of the terms of this Agreement, the Agency may serve notice oftennination to Agent without prejudice to any other remedy to which Agency may be entitled at law. Any notices to be given hereunder by either paliy, may be effected either by personal delivery in writing or by celiified United States Mail, postage prepaid, return receipt requested, at the address of the parties indicated herein. Notices delivered personally shall be deemed communicated as of date of delivery. This Agreement, supersedes any and all other Agreements either oral or in writing, between the parties hereto with respect to the contract between Agent and Agency and includes all understandings, covenants and agreements between the paliies with respect thereto (f) This Agreement shall be governed in accordance with the laws of the Commonwealth of Pennsylvania as of the date hereof. Specified Company (ies): 1. 2 3. 4. 5. 6. IN WITNESS WHEREOF, the parties have set their hand seals the day and year first above written intending to be legally bound. p:~WJf MILLER INSURANCE ASSOCIATES, INe. M~~ ATTEST: ~~~~ ~7 Solicitor CERTIFICATE OF SERVICE AND NOW, this W day of ~~A (J. If cJ^- , 2004, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mail: Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 CLo Charles E. Haddick, Jr., Esquire C) I'-=- .. --< ~ ..., ,_:',j ~ ?r. :-::.; c. ':':'11 .-.'1 -r- \..0 J~- .1-" o :<. DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDlCK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMUERLAND COUNTY, PENNA. Plaintiffs v. CIVIL ACTION - LAW MILLER INSURANCE ASSOCIATES, INC. DOCKET NO: 2003-6019 Defendant STIPULATION TO AMEND PLAINTIFFS' RESPONSIC TO DEFENDANT'S NEW MATTER AND PLAINITFFS' NEW MATTER By virtue of their signatures, counsel for Plaintiffs and Defendant hereby stipulate and agree to remove all allegations from New Matter, including paragraphs 28-37 and corresponding exhibit. DICKIE, MCCAMEY & CHILCOT P.C. MARTSON DEARDORFF WILLIAMS & OTTO -- r {!L~d \ iL, Carl C. Risch, Esquire Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 ~;!" Ie E. Haddick, Jr., Esquire aso . McNicholl, Esquire o Camp Hill Bypass Suite 205 Camp Hill, PA 17011 CERTIFICATE OF SERVICE AND NOW, this (\ day of ( ~ Lh , 200.11, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correc:t copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mail: Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 ~ Charles E. Haddick, Jr., Esquire r--.' 0 C~::~ c::..:) ., ~- :::1.:': .--! :::.--,.. :::-a f',' /'.) !~ l....::) ,-- \..:.J -, DICKIE, MCCAMEY & CHILCOTE, P.c. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY In. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY In. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBI~RLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. : Defendant NOTICE TO PLEAD TO: William F. Shughart and Dawn M. Shughart, h/w c/o Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATIER OF DEFENDANT TO PLAINTIFFS' FIRST AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE EJ'ITERED AGAINST YOU. Respectfully submitted, Date: March 19,2004 oc:y & CHILCOTE, P.c. Charles E. Haddick, Jr., Esquire Attorney 1.D. No: 55666 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendant DICKIE, MCCAMEY & CHILCOTE, P.c. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW vi. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. Defendant ANSWER WITH NEW MATTER OF DEFENDANT" MILLER INSURANCE ASSOCIATES. INC.. TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND NOW, comes Defendant, Miller Insurance Associates, Inc., by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.c., by Charles E. Haddick, Jr., Esquire, and responds to Plaintiffs' Complaint as follows: 1.-2. Admitted. 3. Denied as stated. To the contrary, in or around early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. At all times material hereto, Mr. Barr was an independent contractor. Answ(~ring Defendant acted reasonably, properly, and prudently at all times material hereto. Furthermore, Answering Defendant hereby incorporates by reference the New Matter below as if fully set fiJrth herein. The letter attached as Exhibit "A" to Plaintiffs' Complaint is a writing that speaks for itself. 4. Denied as stated. To the contrary, in or around ~'arly 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insuranc~' coverage for themselves and their children that would be appropriate for their current and anticipated health needs. At all times material hereto, Mr. Barr was an independent contractor. Answering Defendant acted reasonably, properly, and prudently at all times material hereto. Furthermore, Answering Defendant hereby incorporates by reference the New Matter below as if fully set fiJrth herein. The letter attached as Exhibit "A" to Plaintiffs' Complaint is a writing that speaks for itself. 5. The allegations contained in Paragraph 5 of Plaintiff s Complaint set forth conclusions of law to which no response is required. To the extent that a response is deemed necessary, Mr. Barr was an independent contractor at all times material hereto. 6. Denied as stated. To the contrary, in or around early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. 7. Denied as stated. To the contrary, in or around early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. At all times material hereto, Mr. Barr was an independent contractor. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. By way of further response, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. 9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and dernands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in thesl~ paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporaltes its New Matter as if fully set forth herein. 10. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in thes(~ paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 11. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 12. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deerned material. In the alternative, the allegations contained in thesl~ paragraphs are specifically and unequivocally denied with strict proof dernanded at the time of trial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 14. Denied as a conclusion oflaw to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answ~ring Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 15. Denied as a conclusion oflaw to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 16. Denied as a conclusion of law to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 17. Denied as a conclusion of law to which no respolllse is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 18. Denied as stated. It is admitted that Plaintiffs have demanded compensation for bills they had to pay as a result of the caesarian section. Answering Defendant has not paid these bills. It is specifically and unequivocally denied that Answering Defendant owes any such obligation to pay and incorporates by reference paragraphs 1 through 17 above as well as New Matter appearing below. By way of further response, Answering Defendant acted reasonably, properly and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 19. Denied as a conclusion of law to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 20. Denied as a conclusion of law to which no response is required. In the altemative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as iffully set forth herein. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. NEW MATTER 21. Answering Defendant hereby incorporates by ref(:rence paragraphs I through 20 above as if fully set forth herein. 22. Answering Defendant specifically denies any allegations of Plaintiffs' Complaint not admitted above. 23. Plaintiffs have failed to state a claim against Aillswering Defendant upon which relief can be granted. 24. Plaintiffs' claims are barred by the applicable statute oflimitations. 25. At all times material hereto, Answering Defend:mt acted reasonably properly and prudently. 26. The alleged negligence of Answering Defi~ndant, such negligence being specifically denied, was not the proximate cause ofthe damage alleged by Plaintiffs, if any. 27. The alleged damages sustained by Plaintiffs, if any, was proximately caused by parties other than Answering Defendant, of whom Answering Defendant had no control nor the right of control. 28. Plaintiffs, at all times material hereto, were guilty of contributory negligence, said negligence being the proximate cause of Plaintiffs' damages and such negligence constitutes a complete bar to Plaintiffs' claims. 29. Alternatively, at all times material hereto, Plaintiffs were guilty of comparative negligence and such negligence was comparatively higher than the alleged negligence of Answering Defendant; accordingly, Plaintiffs' claims are barred, or in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 30. Plaintiffs failed to mitigate their alleged damages, if any. 31. At no time material hereto did Answering Defendant owe any duty to Plaintiffs. 32. At all times material hereto Plaintiffs' account was served by Agent Robert Barr, who at all times material hereto was an independent contractor and not an agent, servant or employee of Answering Defendant. 33. At all times material hereto, Answering Defendant acted reasonably, properly and prudently. 34. At no time material hereto did Answering Defendant breach any duty to any party in this litigation. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 19.2004 ~ Charles E. Haddick, Jr., Esquire Attorney LD. No: 55666 Jason P. McNichol1, Esquire Attorney LD. No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendants vERIFICATION L Gene Miller, hereby verify {bat the factne1:i'orth ill Defendant's Answer with New Matter to Plaintiff's Amendea Complaint are1rUe and wrrect l~ lhe best of my knowledge, ''iBformation and belief. I tfuderstand that false statenJenlS' herein are ma4~ subject to the penalties of 18 -Ya.c.s. 94904, ",I..talg to unsworn falsification to a"thnrities. Date: 3)!R - 0 l' a~ f'dJL Iler 6ro~ aLo~~rH~~ ^awv~3W ar~~ra ~OS~I~L XVd S.:Lr ~oo./sr/~o CERTIFICATE OF SERVICE AND NOW, this fi day of lJfLA.J,~ rc.J-...-- _, 2004, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mail: Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Charles E. Haddick, Jr., Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2003-06019 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUGHART WILLIAM F ET AL VS MILLER INSURANCE ASSOCIATES KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon BARR ROBERT T JR CLU CHFC the ADD'TL DEFEND. , at 1304:00 HOURS, on the 24th day of March , 2004 at 509 GLENDALE STREET CARLISLE, PA 17013 by handing to ROBERT BARR JR a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 r~~ R. Thomas Kline 03/25/2004 DICKIE MCCAMEY CHILCOTE Sworn and Subscribed to before By: {f4,e u, me this ')''1- day of )1c..~_~ ;J t'1J"l A. D. (- 1. Q~,~ '-f~honotary F:IFILESIDATAFILEIGeneral\Current\IIOI8-I,res2 Created: 3/31/04 3:22PM Revised: 4/1/04 8:47AM WILLIAM F. SHUGHART, and DAWN M. SHUGHART, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC., Defendant. PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER TO: MILLER INSURANCE ASSOCIATES, Defendant, and its attorney, CHARLES E. HADDICK, JR. AND NOW, comes Plaintiffs, by and through their attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby respond to Defendant's New Matter as follows: 21-22. No response is required. To the extent a response is required it is hereby denied. 23-34. Denied as a conclusion of law. To the extent a response is required it is hereby denied. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that this Court deems just and appropriate. MARTSON DEARDORFF WILLIAMS & OTTO Date: April 1, 2004 By {!f4( L Carl C. Risch, Esquire LD. No.: 75901 Christopher E. Rice, Esquire LD. No.: 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E. Haddick Jason P. McNicholl Dickie, McCamey & Chilcote 1200 Camp Hill Bypass Suite 205 Camp Hill, Pennsylvania 17011 MARTS ON DEARDORFF WILLIAMS & OTTO By &~ ?_L Christopher E. Rice Dated: April I, 2004 '::-;:: ~ - ~ ....., "'-'" = .r- ".. -0 :;:0 I (,)1 o -n ...... I'"T) n1F "'"f:~m -dO 06 ---1_-::::, :;:-H "c') :.j[-n __...i ;:~J '-< ~;: '!? r.- \D .IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SHUGHART Vs. MILLER INSURANCE ASSOCS NO. 20036019 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHARLES E HADDICK JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/01/04 t . .' ,;l CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CMAP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) ~ File #: M309057 By: Sandra Venziale IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SHUGHART Vs. MILLER INSURANCE ASSOCS No. 20036019 TO: CARL RISCH, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 03/11/04 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE' 205 CMAP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Sandra Venziale Enc(s): Copy of subpoena(s) Counsel return card File #: M309057 ~TH OF PENNSYLVANIA <XlUNTY OF alMBERIAND SHUGHART & SHUGHART, H/W VS. MILLER INSURANCE ASSOCS File No. 036019 SUBPOENA TO PROCltX:E QQQ.H:NTS OR TH I NGS FOR 0 I S<X>VERY PURSUANT TO RULE 4009. 22 AMERICAN MEDICAL SECURITY (N!Ille of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follOWing docunent!'l or things: TO: * "'BEE"' A'l"l'!\.l:HJ:;lJ A1JlJJ:;NlJUjVj ^ , at MEDICAL LEGAL REPRODUCTIONS INC 494D DISSTON ST PHILA"PA 19135 (Address) You may deliver or mai 1 legible copies of the docunents or produce things requested hI this subpoena, together with the certificate of carp Iiance , to the party making thi, request at the address 1 isted above. You have the right to seek in advance the rea>;onab IE cost of preoaring the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t",enty (20) days after its serv~ce. the party serving thin ~;ubpoena may seek a court orde,' compelling you to comply with it. 1'HIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOlLClNINQ PERSON: NAI'E: CHARLES HAnDICR JR, EQ ADDRESS : 1200 CkMP IIILL DYFA3G CAMP HILL PA 17011 (215) 335-3212 TELEPHONE: SlPREr-E CCUlT ATTORNEY FOR: 10 # DEFENDANT _ DATE: ~~ '/6'.2tJ,,/ Sea I of the Court BY THE CXlURT: ~tw p R~ h.." prothonotaryf erll, Civi 1 --~. ,,0), ~ Oivision Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SHUGHART Vs. No. 20036019 MILLER INSURANCE ASSOCS CUSTODIAN OF RECORDS FOR: AMERICAN MED SECURITY: **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: WILLIAM/DAWN SHUGHART ADDRESS: CER'l'W'lliD PHOTOCOPffiS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. - ----- -- - -- ------ -- ------ - -- - --- - - - - -- -- RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents pave been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed signature for AMERICAN MED SECURITY CUMBERLAND M309057-01 ** * SIGN AND RETURN THIS PAGE * ** Any and all records in your care, custody and control relating to insurance applied for by: William F. Shughart (0/018: ; S,S.N: ) and/or Dawn M. Shughart (D/OIB:; S.S,N:), and/or any offspring as well as any medical or Olher Insurance ac1;~lIy provided for same. This request includes, but is not limited to the following: Notes, memoranda, policy applications, correspondence, policy declaratioll$ pages, endorsements, terms and conditions, exclusions, the complete contents of any underwriting files reJatedlo such coverage, the complete contents of any underwriting flies relating to such coverage, the complete contents of any claims files relating to such coverage and any and all of the documents In your care, cust,~y or control relatln~ to the aboye-mel'l~(llled ill~lyi~uals. COpies of any and all a~cy a~nts between yourSelf and Miller 'nsurallce ~.~,ates, Inc. Copies of any insuranc~t;ncy a~~m,,~!rIts between yourself and Insurance Agent Robert Barr. Copies any and all correspOlldence rel~ngto the above-referenced insurance agreements with either Miller Insurance Associates, Inc. and/6r Agent Barr. To the extent not requested above, a complete copy of any claims files relating to any claims for medical expenses made by or on behalf of the Shugharts. o c: :;7"':. .-,..~ ~. ,-p -- "'-: :/ c, _~ r::C ""'" ~~,~-.-~, y'C': -;;'~. ::2 ,...., "" = ....- :>- ",\, :;.0 I lJl -0 ~ o -n ..... ~J: -n i"ilF _en '''0 ~',J \ '?\C) ..,..'1' (""'_".~ -:~l -!.( ) ~:;::n' ~-. ) r;-? ,.., ;.;; :.<: - .r:- DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNE,Y FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W Plain tiffs v. MILLER INSURANCE ASSOCIATES, INC. Defendant v. ROBERT BARR Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO: 2003-6019 NOTICE TO PLEAD TO: Robert T. Barr c/oKathryn L. Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN AMENDED JOINDER COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAl\fEY & CHILCOTE, P.C. Dated: April 20, 2004 ~ Charles E. Haddick, Jr., Esquire Attorney LD. No: 55666 Jason P. McNicholl, Esquire Attorney LD. No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717) 731-4800 Attorneysfor Defendant DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. Defeudant v. ROBERT BARR Additioual Defeudant FIRST AMENDED JOINDER COMPLAINT OF DEFENDANT. MILLER INSURANCE ASSOCIATES. INC.. AGAINST ADDITIONAL DEFENDANT. ROBERT BARR AND NOW, comes Defendant, Miller Insurance Associates, Inc., by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.C., by Charles E. Haddick, Jr., Esquire, and files the within First Amended Joinder Complaint as follows: 1. Plaintiffs commenced this action by filing Writ with this Court on or about November 17,2004. 2. Plaintiffs filed an Original Complaint on or about J.anuary 28,2004. Exhibit "A." 3. An Answer with New Matter to Plaintiff's Compla.int was filed on or about February 27,2004. Exhibit "B." 4. Defendant filed a Joinder Complaint against additional Defendant, Robert Barr, on or about March 17, 2004. 5. Plaintiffs filed a First Amended Complaint on or about March 17, 2004. Exhibit "C." 6. Answering Defendant hereby incorporates by refierence paragraphs 1 through 2 of Plaintiffs' First Amended Complaint as if fully set forth herein. Exhibit "C." 7. Answering Defendant hereby incorporates by reference its Answer with New Matter to Plaintiffs' First Amended Complaint as if fully set forth herein. Exhibit "D." 8. Additional Defendant, Robert Barr, was at all times material hereto an independent contractor insurance agent. Mr. Barr's current business is located at 509 Glendale Street, Carlisle, PAI7013. COUNT I N el!lil!en ce 9. Joining Defendant hereby incorporates paragraphs 1 through 8 above as if fully set forth herein. 10. Without admitting any liability, and without admitting that Additional Defendant Barr was a representative, agent, employee, and/or servant, Joining Defendant hereby incorporates by reference paragraphs 1 through 20 of Plaintiffs' First Amended Complaint. 11. The allegations set forth in Plaintiffs' First Amended Complaint relate to acts, omissions, and negligence of Additional Defendant Barr. 12. At all times material hereto, and at the times of the conduct complained of by Plaintiffs, Agent Barr was an independent contractor, and not an agent, servant or employee of Defendant, Miller Insurance. 13. If Plaintiffs are entitled to any recovery based on the conduct and allegations set forth above, the liability is the sole liability of Additional D(:fendant Barr. In the alternative, Additional Defendant Barr is liable over, jointly and severally Illable and/or liable for contribution and/or inderrmity. WHEREFORE, Defendant, Miller Insurance Associates, Inc., respectfully requests that the Court enter judgment in its favor and against Additional Defendant, Robert Barr, together with all allow costs and attorney's fees. COUNT II Breach of Contract 14. Joining Defendant hereby incorporates paragraphs I through 8 above as if fully set forth herein. 15. The business relationship between Defendant Miller and Additional Defendant Barr is memorialized in Defendant Barr's employment agreement. A copy of the Agreement is attached hereto as Exhibit "E." 16. Under the agreement, Additional Defendant Barr was at all times material hereto acting as an independent contractor. See Exhibit "E." 17. At all times material hereto, Additional Defendant Barr was contractually obligated to obtain separate errors and omissions liability insurance coverage to insure any liability for any insurance services rendered during his insurance services rendered during his independent contractor relationship with Miller Insurance. 18. Upon information and belief, Additional Defendant Barr has made a claim against at least one errors and omissions insurance carrier for the claims contained in Plaintiffs' Complaint. 19. Upon information and belief, the aforementioned errors and omissions insurance carrier has declined coverage on the grounds that Mr. Barr's errors and omissions policy does not cover the acts complained of by Plaintiffs. 20. Based on the aforementioned, Additional Defendant Barr has independently and separately breached his independent contractor agreement with Miller Insurance Associates, Inc., by failing to obtain necessary and appropriate errors and omissions insurance coverage which, (1) was both required by the agreement and (2) would have cov'lred Plaintiffs' losses as set forth in Plaintiffs' Complaint, the allegations of which are specifically and unequivocally denied by Defendant, Miller Insurance. 21. As a result of the aforementioned breach of contract, Additional Defendant Barr is solely and independently liable to Defendant Miller Insurance for any sums Miller is deemed liable to pay in this action. WHEREFORE, Defendant, Miller Insurance Associates, Inc., respectfully request that the Court enter judgment in its favor and against Additional Defend,mt, Robert Barr, together with all allowable costs and attorney's fees. Date: Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. April 20, 2004 ~ Charles E. Haddick, Jr., Esquire Attorney LD. No: 55666 Jason P. McNicholl, Esquire Attorney LD. No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, P A 17011 (717)731-4800 Attorney for Defendants VERIFICATION PURSUANT TO Pa.R.C.P. NO. 1024(c) Charles E. Haddick, Jr., Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the Court and verification of none of them can be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge or infomlation and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: q (U/ocr ~J Charles E. Haddick, Jr., Esquire :J EXHIBIT "A" 'J 'Feb 02 04 05:02p miller insurance as sac ') 7172432482 -~') , " . . 1i:\FILI!S\OAT AFlLmOetIcnl\Cumnl\ IIOJI.I,conic. (:~~Icd: IUZ91031:J$AM Rtyilled: lnAlO4 9:Z4AM 30~,245 p.2 Ea." .. . . , IN THE COURT OF COMMON PLEAS'OF CUMBERLAND COUNTY, PENNSYL VANIA WILLIAM F. SHUGHART, and DAWN M. SHUGHART, H/W, Plaintiffs, v. CIVIL ACTION - LA W NO. 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC., 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 attorney and filing ill writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so, the case may proceed without you and a judgment may be: entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO TRUE COpy FROM RECORD . "/ ~n TestimonYWl1flroof, I hero unto set my MOO By C.-t.:-~:L ('. !2...- ;,,'<1 Itle ...1 of said Court It CarllSlo. PI. Carl C. Risch, E:>quire \~ ~Pr-' O~-. ..'~ ~,,:,y-_. LD.Number: 75901 ;- ~---~ Christopher E. Rjce, Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January ~ 2004 Attorneys for Plaintiffs .. (;: \) I' (Q) lID ~ Feb 02 04 05:02p miller insurance a.soc :-) 7172432482 :") p.3 , I.' . , WILLIAM F. SHUGHART, and DA WNM. SHUGHART,H/W, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-6019 CIVIL TERM . MILLER INSURANCE ASSOCIATES, INC., Defendant. COMPLAINT 1. Plaintiffs, William F. Shughart and DawnM. Shughart, are adult individuals residing at 605 Roxbury Road, Newville, Cumberland Counly, Pennsylvania. 2. Defendant, Miller Insurance Associates, Inc., is a corporation doing business at 19 Brookwood Avenue, Carlisle, Cumberland County, Pennsylvan~a. 3. In early 200 I, Plaintiffs requested the services of Defendant in order to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. 4. In explaining their needs, Plaintitfs informed Defendant that they expected to have more children but, since their youngest child, Mackenzie, was born by caesarian section, they expected that all future children would born the same way. 5. Acting on this knowledge, on March 5, 2001, nefendant sold an insurance policy fi'om American Medical Security (AMS) of Green Bay, Wisconsin, to Plaintiffs. A copy of Defendant's Memo and Plaintiffs' premium check is attached as Exhibit "A". 6. Based on information and belief, Defendant's (:hose the AMS insurance policy because Defendant believed it would provide adequate coverage for Plaintiffs and both their children, and would provide coverage for the biIih of future children born by caesarian section. 7. In March 2003, Plaintiff Dawn M. Shughart delivered her third child, Morgan, by caesarian section at the Carlisle Regional Medical Center. 8. Afler Morgan was born, AMS informed Plaintiffs that the caesarian section was considered normal pregnancy and was not covered under the policy. 'Feb 02 04 05:02p " " miller insurance assoc ~l 7172432482 :) p..4 9. Because the caesarian section was not covered lmder the AMS policy, Plaintiffs incurred substantial medical expenses and costs that they rcasonably expected to have been covered by the policy recommend by their agent, Defendant. 10. Defendant owed Plaintiffs a fiduciary and professional duty to advise them on .an insurance policy that would fit their needs. II. Defendant breached its duty to Plaintiffs by: a. failing to properly advise Plaintiffs; b. negligently misrepresenting the limits of coverage of the AMS policy; and c. negligently recommending the AMS policy even though it did not cover a caesarian section. 12. Defendant's breach of its fiduciary and professional duty to Plaintiffs was the direct and proximate cause of Plaintiffs' loss. 13. Plaintiffs have demanded compensation for the bills they had to pay as a result of the caesarian section and Defendant has failed to pay, WHEREFORE, Plaintiffs demand judgment against Dej~ndant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that the Court deems just and appropriate. MARTSON DEARDORFF WILLIAMS & OTTO Date: J anuary~, 2004 By CtZ-J.,..-L <; ~. Carl C. Risch, Esquire LD.Number: 75901 Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243.3341 Attorneys for Plaintiffs ., mt~.r insuranee 8!150C 7172432482 =1 i p.5 Feb 02 04 05:03p / .c~ . ; } ..r......,.. AssIcIates, IDe. " ) 19 Brookwood Avenue, Suite 102 Carlisle, PA 17013 Phone: 717.243.4400 FAX: 717.243.2462 emall: miller@kns.net . Memorandum To: John or Tim, ATTl2rican Benefit Services From: Rob Barr, CLU, ChFC cc: Date: Monday, March 05, 2001 Subject: AMS application, Btll Shughart Guys, Copy of the original illustration is included plus the app and first month's premium. Also included is a letter tram aallghter Mackenzie's attending physician which confirms that she no longer has the flow murmur and that her heart sounds are now normal. They are looking to have the plan issued and dated ASAP. Plan is the $30 copay/ $1000 deductible, 80/20 of $5000 with prescription plan included. Let me know if you need anything else. Thanks. ./~~ . ..,-,;:--...... ...-.,- ,-.. .....;C',..'.',.r. . . WIWAM F. SHUGHART . .. DAWN loll. SHUGHART . . 60S ROXBURY RD . . f ..NEW)I!~P~1:n41 DAt.4..jp! ! PAY totL.e iJ '.' I I / ~ Order of . ~,,...,~ /J1~d" '>~Y"-rl 'A;. I g -:r~.,4~,~~ ---/:1- f K~ysto~e~' f Financial ~ ~ a.",..,..~"""lf.J... . .~ ...~~jtf. --;;.' 2318 60-29&1313 aI. i.ltt.:~ .; I~~-"""--' $:zi '1'- ; ....-..! -...... -- ~. , Dok ma::r~7: For ':0 j ~ =10 F15 51: 00008 d/~~~ 1,85 ?:III' 2'11.8 ... Feb 02 04 05:03p mtyer insur'anc@ assoe 71.72432482 rl . , p.8 VERIFICATION The foregoing Complaint is based upon inf01111ation wbich has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to myeolmsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. .! .1 ~':.":(/ ~;,} I ,..,/;/1;1 ,\j:;'IJ /~.. . 'J Dawn Shughart Dated: :< " ,.... _ ~! i V i . 1 I; \ f:\J'ILE.ll"\DA T AFlll;\G~J..,rlll\CUI\"Cnl\l 101 B. r .com : 1 EXHIBIT "B ", :-1 - ~ r-) - "':\ . i r .fl) ( '; Ii if i ( .: "lJ~ ~ C.LlL_._.l; I cr~ '~,~\l I\?) . ~ iir-..'. It) l ." ., T 'J DICKIE, MCCAMEY & CmLCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp mil Bypass Suite 205 Camp Hili, PA 17011 (717)731-4800 (T ele) (717) 731-4803 (Fax) f\ ~ \J~ ~~-----_._-----------~-- ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE COURT OF COMMON PLEAS OF CUMl~ERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. : TO: William F. Shughart and Dawn M. Shughart, hlw c/o Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 () r-.> 0 = ~; = -n .. =:<: --I ~ ::::"" ,nL_ -n :;:.<:; M' 1--- t -om N i'5~ :.;:i-?, -~-11 ( )...- --~ i~M rv ..........' w 3; N -< Defendant NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO TIlE wmnN ANSWER WITH NEW MATTER OF DEFENDANT TO PLAlNTIFFS' COMPLAlNT wmnN TWENIY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. Respectfully submitted, Date: February 27. 2004 ~CCAMEY &CffiLCOTE,P.C. Charles E. Haddick, Jr., Esquire Attorney LD. No: 55666 1200 Camp Hill Bypass Suite 205 CampHiII,PA 17011 (717)731-4800 Attorney for Defendant - , " ) DICKIE, MCCAMEY & CIDLCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hili Bypass Suite 205 Camp Hill, P A 17011 (717)7314800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W IN THE -COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW vi. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. Defendant ANSWER WITH NEW MATTER OF DEFENDANT. MILLER INSURANCE ASSOCIATES. INC. TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Miller Insurance Associates, Inc., by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.C., by Charles E. Haddick, Jr., Esquire, and responds to Plaintiffs' Complaint as follows: 1.-2. Admitted. 3. Denied as stated. Denied. To the contrary, in or about early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. At all times material hereto, Mr. Barr was an independent contractor. Answering Defendant acted reasonably, properly, and prudently at all times material hereto. Furthennore, Answering - I ) :'.~ ./ Defendant hereby incorporates by reference Answer with New Matter below as if fully set forth herein. 4.-6. Denied. After reasonable investigation, Answering Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth or falsity of the avennents contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. By way of further response, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, ELI1d prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. 7.-9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to fonn a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in the:se paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 10.-12. Denied as a conclusion oflaw to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unllquivocally denied with strict proof demanded at the time of trial. By way of further response, AnS1",ering Defendant acted reasonably, properly, and prudently at all times material hereto. At all tim(:s material hereto, Mr. Barr was an - ry :) ., independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 13. Denied as stated. It is admitted that Plaintiffs have demanded compensation for bills they had to pay as a result of the caesarian section and Answering Defendant has failed to pay. It is specifically and unequivocally denied that Answering Defendant owes any such obligation to pay and incorporates by reference paragraphs I through 12 abovt~ as well as New Matter appearing below. By way of further response, Answering Defendant acted reasonably, properly and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering DefenwUlt. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. WHEREFORE, Answering Defendant respectfully requests this Honorable Court to grant judgment in their favor and against all other parties with all allowable costs and attorney's fees. NEW MATTER 14. Answering Defendant hereby incorporates by reference paragraphs 1 through 13 above as if fully set forth herein. 15. Answering Defendant specifically denies any allegations of Plaintiffs' Complaint not admitted above. 16, Plaintiffs have failed to state a claim against Answering Defendant upon which relief can be granted. 17. Plaintiffs' claims are barred by the applicable statute oflimitations. 18, At all times material hereto, Answering Defendant acted reasonably properly and prudently. - 1 (1 . . , 19. The alleged negligence of Answering Defendant, such negligence being specifically denied, was not the proximate cause of the damage alleged by Plaintiffs, if any. 20. The alleged damages sustained by Plaintiffs, if any, was proximately caused by parties other than Answering Defendant, of whom Answering Defendant had no control nor the right of control. 21. Plaintiffs, at all times material hereto, were guilty of contributory negligence, said negligence being the proximate cause of Plaintiffs' damages and such negligence constitutes a complete bar to Plaintiffs' claims. 22. Alternatively, at all times material hereto, Plaintiffs were guilty of comparative negligence and such negligence was comparatively highl:r than the alleged negligence of Answering Defendant; accordingly, Plaintiffs' claims are barred, or in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 23. Plaintiffs failed to mitigate their alleged damages, if any. 24. At no time material hereto did Answering Defendant owe any duty to Plaintiffs. 25. At all times material hereto Plaintiffs' acCOunlt was served by Agent Robert Barr, who at all times material hereto was an independent contractor and not an agent, servant or employee of Answering Defendant. 26. At all times material hereto, Answering Defendant acted reasonably, properly and prudently. 27. At no time material hereto did Answering Defimdant breach any duty to any party in this litigation. WHEREFORE, Answering Defendants respectfully request this Honorable Court to grant judgment in their favor and against all other parities with all allowable costs and attorney's fees. " .1' - ~ :-) Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: February 27.2004 Charles E. Haddkk, Jr., Esquire Attorney LD. No: 55666 Jason P. McNicholl, Esquire Attorney LD. No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendants Feb 12 04 02:03p : '-~11"1" , ) in5U,.ance assoc 71-c'432462 .) p... vmwnCATlON I, Gone Miller, blll'eOY verify thill the facts ",t forth in Defendant's Answer with New Matter to Plaintiff's Compliant are true and correct to ttill best of my knowledge, infonnat;ulI and belief. I wlllerstand that fioJse staternents herein are made subject to the penahies of 18 Pa.c.s. ~ relating to unsworn falsification to autborities. Miller Insurance ASBociates.InG. f) ..9- 3 ,,0 i 6~~~ [~-- Date: I'TnFm - ~ "'1 ) CE~TIFICATE OF SERVICE AND NOW, this 21 day of r c. b -' 2004, I, Charles E. Haddick, Jr., Esquire, hereby certifY that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mall: Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Ut) Charles E. Haddick, Jr., Esquire EXHIBIT "C" .".\FlLESIDAT AFILE\General\Cunoent\1 1018-1 ,firsl.lIr\-o Created: 3/5/04 2:36PM Revised. 3/16/04 1:47PM - 1m - - ) (b(Q)bW)f 3117 ,. WILLIAM F. SHUGHART, and DAWN M. SHUGHART, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC., 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 attom(:y and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Compla.int or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGEKCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTS ON DE.ARDORFF WILLIAMS & OTTO Date: March /1, 2004 /"1 [, I / $""? By "---~ <"-<1vf-- ' . Ie.......... Carl C. Risch, Esquire LD.Number: 75901 Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs - 1 , ! WILLIAM F. SHUGHART, and DAWNM.SHUGHART,H/W, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC., Defendant. FIRST AMENDED COMPLAINT 1. Plaintiffs, William F. Shughart and Dawn M. Shughart, are adult individuals residing at 605 Roxbury Road, Newville, Cumberland County, Pennsylvania. 2. Defendant, Miller Insurance Associates, Inc., is a corporation doing business at 19 Brookwood Avenue, Carlisle, Cumberland County, Pennsylvania. 3. At all relevant times, Robert Barr was a representative, agent, employee, and/or servant of Defendant. See Letter and Memo attached hereto and incorporated by reference as Exhibit "A." 4. At all relevant times, Defendant held out Robert Barr as its representative, agent, employee, and/or servant to Plaintiffs and vice versa. See Exhibit "A" attached hereto and incorporated by reference. 5. At all relevant times, Plaintiffs justifiable relied on Defendant that Robert Barr was its representative, agent, employee, and/or servant. 6. In early 2001, Plaintiffs requested the services of Defendant in order to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. 7. At all relevant times, Plaintiffs looked to Defendant for advice in obtaining an adequate insurance policy, rather than to its representatives, agents, employees, and/or servants individually. 8. In explaining their needs, Plaintiffs informed Defendant that they expected to have more children but, since their youngest child, Mackenzie, was born by caesarian section, they expected that all future children would born the same way. ~ 1 9. Acting on this knowledge, on March 5, 2001, Defendant sold an insurance policy from American Medical Security (AMS) of Green Bay, Wisconsin, to Plaintiffs. A copy of Defendant's Memo and Plaintiffs' premium check is attached as Exhibit "A". 10. Based on information and belief, Defendant's chose the AMS insurance policy because Defendant believed it would provide adequate coverage for Plaintiffs and both their children, and would provide coverage for the birth of future children born by caesarian section. 11. In March 2003, Plaintiff Dawn M. Shughart delivered her third child, Morgan, by caesarian section at the Carlisle Regional Medical Center. 12. After Morgan was born, AMS informed Plaintiffs that the caesarian section was considered normal pregnancy and was not covered under the policy. 13. Because the caesarian section was not covered under the AMS policy, Plaintiffs incurred substantial medical expenses and costs that they reasonably expected to have been covered by the policy recommend by their agent, Defendant. 14. Defendant, through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, owed Plaintiffs a fiduciary and professional duty to advise them on an insurance policy that would fit their needs. 15. Defendant, through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, breached its duties to Plaintiffs by: a. failing to properly advise Plaintiffs; b. negligently misrepresenting the limits of coverage of the AMS policy; and c. negligently recommending the AMS policy even though it did not cover a caesarian section. 16. Defendant's breach, through its representatives, agents, employees, and/or servants, including, but not limited to Robert Barr, of its fiduciary and professional duty to Plaintiffs was the direct and proximate cause of Plaintiffs' loss. 17. Robert Barr had the apparent authority to represent Defendant and Defendant is liable for the torts of Robert Barr committed in the scope of his agency and/or employment. 18. Plaintiffs have demanded compensation for the bills they had to pay as a result of the caesarian section and Defendant has failed to pay. ~-\ 19. Plaintiffs did not know nor reasonably should not have known that the Defendant, through its representatives, agents, employees, and/or servants, !including, but not limited to Robert Barr, was negligent in advising Plaintiffs on an adequate insurance policy until the date the insurance coverage for Plaintiffs caesarian section was denied. 20. Despite Plaintiffs reasonable diligence to discover the negligence of Defendant, Defendant's negligence, which was the result of a breach of duties, was not revealed to Plaintiffs until the date the insurance coverage for Plaintiffs' caesarian se:ction was denied. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount not to exceed the compulsory arbitration limits, together with interest, costs and all other such relief that the Court deems just and appropriate. MARTS ON DEARDORFF WILLIAMS & OTTO BY~ Date: March ;:1, 2004 Carl C. Risch, Esquire LD.Number: 75901 Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs - 1 Miller Insurance Associates, Inc. ~l 19 Brookwood Avenue, Suite 102 Carlisle, PA 17013 phone: 717243.4400 FA.'\: 7172432462 emai! ",iller@knsnet }J;Jemorandum To: John or Tim, American Benefit Services From' Rob Barr, CLU, ChFC cc: Date' Monday, March 05, 2001 Subject: AMS application, Bill Shughart Guys, COpy ofthe original illustration is included plus the app and first month's premium. Also included is a letter from cfaughter Mackenzie's attending physician which confirms that she no longer has the flow murmur and that her heart sounds are noW normal. They are looking to have the plan issued and dated ASAP. Plan is the $30 copay/ $1000 deductible, 80izo of $5000 with prescription plan included. Let me know if you need anything else Thanks. /* ". ~ , ~ Ii wlu..fA'M~. ~HUGHART DAWN. M.SHUGHART 605 ROXBURY RD NEWVIu:E~ PA 17241 O.te3,/'/O/ &O-2S5/313 '" lPaytothe ..1 ...... ,I ) Or&ero[ I ;nt:'i/"A~ /?1lC:'dk oeSec"-nf.; . I &,r,j//~~ ;;(~~ ,--/j!~ Keystone ~. FinanCial ~ . nl $Ulk::.. DoU~rs f13~= DODOS 4b~~-rLt l, 8 5 7 311' 2 3, ~ 8 0 _-.---!::f 1i",__f"~s....o.",-i'lJ.- lFor ';0'1 b '10 2CJ 5 51; I Ii RXHTRT'l' A ~"---, - i ~ MILLER INSURANCE ASSOCIATES, INC. _~".....""",.. _.... ~.lI.~~- - r ~- " 19 BROOKWOOD AVENUE, SUITE 102 . CARLISLE, PENNSYLVANIA 17013' (717) 243-4400 . FAX (717) 243.2462 E-MAil: MILlEA@KNS.NET F-'J[lli1r! 2, 2001 William F. Shughart 605 Roxbury Road Newville, P A 17241 Re: Medical Insurance Dear Bill: Enclosed is the application. I f1]led out what I could. Which copay/deductible do you want? The rates are for automatic check account withd',awal. If you want direct montWy, I will have to get the rate for you. If you have any questions, please feel free to call me. Sincerely, /~ R.obert T. Barr, Jr, CLU, ChFC , .' - J VERIFICATION The foregoing Amended Complaint is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. 1 have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. (, " " , VI:?"/ A:77Uvt....gv /" Dawn Shughar;;1 Dated: March /5" ,2004 F:\FILES\DAT AFlLE\General\Current\1 ]0] 8_1.firsl.amend,com .' - 1 .- .-.... - 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E. Haddick Dickie, McCamey & Chilcote 20 South 36th Street Camp Hill, Pennsylvania 17011-4301 MARTS ON DEARDORFF WILLIAMS & OTTO /? /) / ;J C; By ~ ~~f':" ( ,f-~--- Christopher E. Rice Dated: March H, 2004 EXHIBIT "D'" --1 : ) ~r(0'" I Mtf) ( t~ lJ ,h j" 61-/'- ~ ~ ~ I -----.. ..,.~ ?-.....,.'......,,- " , /-7;-::;-~ · ., f /1) . DICKIE, MCCAMEY & CffiLCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY In. NO. 55666 BY: JASON P. McNlCHOLL, ESQUIRE ATTORNEY In. NO. 89062 1200 Camp mil Bypass Suite 205 Camp HIlI, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) , , :1 I:_:':JL:':) ATTORNEY FOR: DEFENDANT VYtr3b 7 WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, HJW IN THE COURT OF COMMON PLEAS OF CUM.IJlERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW v. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. : Defendant "-, ,~,:<) .L-'~ C) -fj :~ TO: William F. Shughart and Dawn M. Shughart, h/w c/o Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 "'.,) 1'.) -:-.'-,1 lilr,""" -n1l1 ::J2jQ ':_;~(~ ~r~ :.r{ l~(') l~n NOTICE TO PLEAD f-) cq (.,:1 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER wrrn NEW MATIER OF DEFENDANT TO PLAINTIFFS' FIRST AMENDED COMPLAINT WlTIIIN lWENfY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. Respectfully submitted, Date: March 19,2004 MCCAMEY & CIDLCOTE, P.C. Charles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 1200 Camp Hill Bypass Suite 205 CampHiII,PA 17011 (717)731-4800 Attorney for Defendant , j - -) DICKIE, MCCAMEY & CHILCOTE, P.C. BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY ID. NO. 55666 BY: JASON P. McNICHOLL, ESQUIRE ATTORNEY ID. NO. 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, HIW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION - LAW vi. DOCKET NO: 2003-6019 MILLER INSURANCE ASSOCIATES, INC. Defendant ANSWER WITH NEW MATTER OF DEFENDANT. MILLER INSURANCE ASSOCIATES. INC.. TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND NOW, comes Defendant, Miller Insurance Associates, Inc., by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.C., by Charles E. Haddick, Jr., Esquire, and responds to Plaintiffs' Complaint as follows: 1.-2. Admitted. 3. Denied as stated. To the contrary, in or around early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. At all times material hereto, Mr. Barr was an independent contractor. Answering Defendant acted reasonably, properly, and prudently at all times material hereto. Furthel1nore, Answering Defendant hereby - . ) : ) incorporates by reference the New Matter below as if fully set forth herein. The letter attached as Exhibit "A" to Plaintiffs' Complaint is a writing that speaks for itself. 4. Denied as stated. To the contrary, in or around early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and antidpated health needs. At all times material hereto, Mr. Barr was an independent contractor. Answering Defendant acted reasonably, properly, and prudently at all times material hereto. Furtberrt1ore, Answering Defendant hereby incorporates by reference the New Matter below as if fully set forth herein. The letter attached as Exhibit "A" to Plaintiffs' Complaint is a writing that speaks for itself. 5. The allegations contained in Paragraph 5 of Plaintiff's Complaint set forth conclusions of law to which no response is required. To th(: extent that a response is deemed necessary, Mr. Barr was an independent contractor at all times material hereto. 6. Denied as stated. To the contrary, in or around early 2001, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insuranc:e coverage for themselves and their children that would be appropriate for their current and anticipated health needs. 7. Denied as stated. To the contrary, in or around early 200 I, Plaintiffs requested the services of insurance agent Robert Barr to obtain health insurance coverage for themselves and their children that would be appropriate for their current and anticipated health needs. At all times material hereto, Mr. Barr was an independent contractor. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed ) -1 material. By way of further response, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. 9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial, In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 10. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of lrial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all tirnes material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorpomtes its New Matter as if fully set forth herein. II. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these ~ j -J paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 12. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. In the alternative, the allegations contained in tht:se paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial. In the alternative, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 14. Denied as a conclusion of law to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 15. Denied as a conclusion oflaw to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically un,:quivocally denied with strict proof , ) :' ') demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all tim,:s material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 16. Denied as a conclusion of law to which no response is required. In the alternative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, An8'.vering Defendant acted reasonably, properly, and prudently at all times material hereto. At all timc:s material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 17. Denied as a conclusion of law to which no response is required. In the altemative, the allegations contained in these paragraphs are specifically un<equivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all timl:S material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set fortl1 herein. 18. Denied as stated. It is admitted that Plaintiffs have demanded compensation for bills they had to pay as a result of the caesarian section. Answering Defendant has not paid these bills. It is specifically and unequivocally denied that Answering Defend:mt owes any such obligation to pay and incorporates by reference paragraphs 1 through 17 above as well as New Matter appearing below. By way of further response, Answering Defendant acted reasonably, properly and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor - ) and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. 19. Denied as a conclusion of law to which no response is required. In the altemative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all times material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set fortl1 herein. 20. Denied as a conclusion of law to which no response is required. In the altemative, the allegations contained in these paragraphs are specifically unequivocally denied with strict proof demanded at the time of trial. By way of further response, Answering Defendant acted reasonably, properly, and prudently at all times material hereto. At all timl~S material hereto, Mr. Barr was an independent contractor and not an agent, servant or employee of Answering Defendant. Answering Defendant hereby incorporates its New Matter as if fully set forth herein. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. NEW MATTER 21. Answering Defendant hereby incorporates by reference paragraphs 1 through 20 above as if fully set forth herein. 22. Answering Defendant specifically denies any allegations of Plaintiffs' Complaint not admitted above. 23. Plaintiffs have failed to state a claim against Answering Defendant upon which relief can be granted. 24. Plaintiffs' claims are barred by the applicable statute of limitations. 25. At all times material hereto, Answering Defendant acted reasonably properly and prudently. 26. The alleged negligence of Answering Defendant, such negligence being specifically denied, was not the proximate cause of the damage' alleged by Plaintiffs, if any. 27. The alleged damages sustained by Plaintiffs, if any, was proximately caused by parties other than Answering Defendant, of whom Answering Defendant had no control nor the right of control. 28. Plaintiffs, at all times material hereto, were guilty of contributory negligence, said negligence being the proximate cause of Plaintiffs' damages and such negligence constitutes a complete bar to Plaintiffs' claims. 29. Alternatively, at all times material hereto, Plaintiffs were guilty of comparative negligence and such negligence was comparatively higher than the alleged negligence of Answering Defendant; accordingly, Plaintiffs' claims are barr(,d, or in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 30. Plaintiffs failed to mitigate their alleged damages, if any. 31. At no time material hereto did Answering Defendant owe any duty to Plaintiffs. 32. At all times material hereto Plaintiffs' account was served by Agent Robert Barr, who at all times material hereto was an independent contractor and not an agent, servant or employee of Answering Defendant. ) . 1 33. At all times material hereto, Answering Defendant acted reasonably, properly and prndently. 34. At no time material hereto did Answering Defendant breach any duty to any party in this litigation. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 19,2004 ~ Charles E. Haddkk, Jr., Esquire Attorney LD. No: 55666 Jason P. McNicholl, Esquire Attorney LD. No: 89062 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 (717)731-4800 Attorney for Defendants 'J VERIFICATION I, Gene Miller, hereby verify that the factsset1Orth.mDefendant's Answer with New Matter to Plaintiffs Amende3 Complaint are1rUe1ltld ~rrool tetbe best of my knowled~e. 'iBfor:mation and belief. I Understand that false statements' herein. are made subject to the penalties of 18 '-Fa.c.s: 94904, relating-to unswomfalsificaOOntoalitJtnrities. Date: 3)iR - 0 'I a.4 f}J.CJ:1N- ler , i ) CERTIFICATE OF SERVIl~ AND NOW, this 1'1 day of ~_, 2004, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mail: Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Charles E. Haddick, Jr., Esquire EXHIBIT "E" .. -) , - 1 I SOLlCITOR'S AGREEMENT TillS AGREEMENT, made this] st day of October, 2000, by and between MILLER INSURANCE ASSOCIATES, INC., a Pennsylvania corporation with offices in Carlisle, Cumberland County, Pennsylvania, (hereinafter referenced as "Agency") and Rober1 T. Barr, Jr. (hereinafter referenced as "SOLlClTOR and/or AGENT"), replaces all previous Agreements, written or implied. 1. TERM OF AGREEMENT: Agency hereby contracts Solicitor and Solicitor hereby accepts contract with Agency for an indefinite period which may be terminated by either party giving Fourteen (14) calendar days' written notice of termination to the other party. Such termination shall not prejudice any remedy which either party may have against the other either at law or in equity. . 2. DUTIES OF AGENT: Agent is hereby contracted as an insurance producing agent of Agency and of the specified insurance companies with which Agency is licensed to issue policies of insurance. The duties of Agent shall include the following: (a) Reference of all applications for insurance processed by Agent to Agency for approval. Time is ofthe essence. (b) Remission to Agency of all premiums collected within Twenty-four (24) hours of collection. (c) Provisions of all information and discharge of all other steps necessary to enable Agency to obtain a fidelity bond conditioned on the rendering of a true accounting by Agent of all monies or other propeJ1y of Agency which may come into the custody, charge of possession of Agent during the term of contract. The surety company issuing the bond and the amount of the bond must be acceptable to Agency in the sole discretion of Agency with all premiums on the bond to be paid by the Agency. (d) Agent shall not directly or indirectly render any services of a business, corrunercial or professional nature to any other person or organization, whether for compensation or other wise, without prior written consent of Agency. (e) Discharge of such other duties as may be assigned to Agent from time to time by Agency. --) ) , . , 3. C01'v1PENSATlON: As compensation for services rendered under this Agreement, Agent shall receive the following: (a) Agent's share of new business shall be 75 perc,ent of base commissions earned upon all new life business written and 75 percent of new health business written by Agent. (b) Agent's share of new business shall be 50 percent of base commissions earned upon all new property and casualty business written by Agent with the exception of brokerage business to which there will be no commission paid to Agent unless specifically provided for by Agency. (c) "New Insurance Business" is defined as new policies sold by Agent to the exclusion of renewals of policies placed through Agency whether such renewals are policies originally written by Agency or Agent. (d) Agent's share of renewal property and casualty business shall be 25 percent of commissions earned upon all renewal business written by Agent with the exception of brokerage business to which there will be no renewal conul1ission paid to Agent. (e) Agent's share of renewal life and health business shall be 50 percent of commissions earned upon all renewal business written by Agent with the exception of brokerage business to which there will be no conumssion paid to Agent unless specifically provided for by Agency. 4. AGENT'S ERRORS AND OMISSIONS INSURANCE: Errors and Omissions insurance coverage will be provided by Agent. 5. AGENT'S EXPENSES: No provisions are made for any expenses Agent incurs unless specifically approved by the Agency prior to the expense being incurred 6. OWNERSHIP OF EXPIRATIONS: The part'ies hereto further agree that in case of termination of the contract, the Agent agrees not to solicit or to procure others to solicit any of the Agency's customers, it being fulther mutually understood the ownership of expirations shall at all times be that of the Agency. 7. GENERAL PROVISIONS (a) Agent must comply with Agency Rules and Regulations and other regulations deemed standard in the industry. (b) Agent is not authorized to bind insurance or cancel same except as expressly provided for by the insurance company agreements with the Agency. . . - ) . (c) If Agent willfully breaches or habitually neglects the duties of the terms of this Agreement, the Agency may serve notice oftennination to Agent without prejudice to any other remedy to which Agency may be entitled at law. (d) AllY notices to be given hereunder by either pal1y, may be effected either by personal delivery in writing or by certified United States Mail, postage prepaid, return receipt requested, at the address of the parties indicated herein. Notices delivered personally shall be deemed communicated as of date of delivery. (e) This Agreement, supersedes any and all other Agreements either oral or in writing, between the parties hereto with respect to the contract between Agent and Agency and includes all understandings, covenants and agreements between the parties with respect thereto. (f) TIllS Agreement shall be governed in accordance with the laws of the Commonwealth of Pennsylvania as of the date hereof. (g) Specified Company (ies): 1 2 3. 4. 5. 6. IN WITNESS WHEREOF, the parties have set their hand seals the day and year first above written intending to be legally bound. (\TT~T: ~. ~ WJ-r ATTEST: ~~~^Y MllLER INSURANCE ASSOCIATES, INe. fYl~ ~ M. Eugene tv~dent ~p CERTIFICATE OF SERVICE, AND NOW, thislP day of _~1'" \ I , 2004, I, Charles E. Haddick, Jr., Esquire, hereby certifY that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mail: Carl C. Risch, Esquire Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Kathryn L. Simpson, Esquire Mette, Evans & Woodside 340 I North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Charles E. Haddick, Jr., Esquire ~ ...., ." 0 ." .r- "TI ~a:; >- ~:D -0 z""- ::0 c.r.S N -or;; _.,c' ,'" N ~6 P-o ~(j -0 ~"T - " ~o :x ~~ c Z r:? Om ~--l. :<. w e ........' \Q -< WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W, Plaintiffs v. MILLER INSURANCE ASSOCIATES, INC., Defendant v. ROBERT BARR, Additional Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO: 2003-6019 PRAECIPE Please enter our appearance on behalf of Robert Barr, Additional Defendant. Date: Mayo11, 2004 Respectfully submitted, By: METTE, EVANS & WOODSIDE /~~' KAT RYN . I~MP ON,/ESQ~ SU . Ct. I.D. . 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Additional Defendant CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Charles E. Haddick, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA l70ll Carl C. Risch, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 METTE, EV NS & WOODSIDE KA :"tP~~ Sup Ct. I.d o. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, P A 171 [0-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Additional Defendant By: Date: May~ %, 2004 398'SBvl ._"- (') c: ;;0'- ( C' ..:~:~. -< '" c:J l..-:::::l JO- e- ~::= ~,..:.. o -" "i:! nlp -ani ,uO (.)r..1 ;:--1.-' ('~ -f~ -~~('") ~-::?ln :> ~::-J .<;, -- . =~;.:; ':-.) -J WILLIAM F. SHUGHART, AND DAWN M. SHUGHART, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MILLER INSURANCE ASSOCIATES, INC., DOCKET NO: 2003-6019 Defendant v. ROBERT BARR, Additional Defendant ANSWER WITH NEW MATTER TO FIRST AMENDED JOINDER COMPLAINT Additional Defendant, by his counsel, Mette, Evans & Woodside, respectfully files the following Answer With New Matter to First Amended Joinder Complaint and avers in support thereof: 1. Admitted. 2. Denied that the Complaint was filed on January 28, 2004, as the docket reflects that the Complaint was filed on January 29, 2004. It is admitted that the Complaint is attached. 3. Denied that the Answer With New Matter was filed on February 27, 2004. The docket reflects that it was filed on March 2, 2004. Admitted that the Answer With New Matter is attached. 4. Denied that the Joinder Complaint was filed on March 17,2004. The docket reflects that the Joinder Complaint was filed on March 19, 2004. 5. Denied that the Plaintiffs' First Amended Complaint was filed on March 17, 2004. The docket reflects that it was filed on March 18, 2004. Admitted that the First Amended Complaint is attached. 6. Additional Defendant is without knowledge or information with respect to the averments contained in paragraph 1 of Plaintiffs' First Amended Complaint. Additional Defendant admits the averments in paragraph 2 of the First Amended Complaint. 7. Admitted that Defendant purports to incorporate its Answer and New Matter. Denied that the Additional Defendant has any responsibility to respond to this inclusive pleading. To the extent that a response is required, the averments are denied and strict proof is demanded at time of trial. 8. The averments contained in paragraph 8 regarding Additional Defendant's status are legal conclusions to which no response is required. To the extent a response is required, the averment is denied and strict proof is demanded at time of trial. The averments concerning the address of the Additional Defendant is admitted. I. NEGLIGENCE 9. Additional Defendant incorporates his answers to paragraphs 1 through 8 above. 10. Admitted that Defendant purports to incorporate paragraphs 1 through 20 of Plaintiffs' First Amended Complaint. Denied that Additional Dt:fendant is required to answer such incorporated allegations. To the extent that Additional Ddimdant is so required, the averments are denied and strict proof is demanded at time of trial. 11. The averments contained in paragraph 11 contain legal conclusions to which no response is required. To the extent a response is required, the av,erments are denied and strict proofis demanded at time of trial. 12. The averments contained in paragraph 12 contain legal conclusions to which no response is required. To the extent a response is required, the aVI:rments are denied and strict proof is demanded at time of trial. 13. The averments contained in paragraph 13 contain Ilegal conclusions to which no response is required. To the extent a response is required, the ave:rments are denied and strict proof is demanded at time of trial. 2 WHEREFORE, Additional Defendant respectfully requests this Honorable Court enter judgment in his favor and against Defendant. II. BREACH OF CONTRACT 14. The answer contained in paragraphs 1 through 13, above, are incorporated. 15. Admitted. 16. Denied. Solicitor's Agreement retains Additional Defendant as an agent and does not specify independent contractor status. 17. Denied. To the contrary, the Solicitor's Agreement provides simply that "errors and omissions insurance coverage will be provided by agent." 18. Admitted. By way of further answer, that claim has been denied. 19. Admitted. 20. The averments contained in paragraph 20 contain legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. 21. The averments contained in paragraph 21 contain legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. WHEREFORE, Additional Defendant respectfully requests this Honorable Court enter judgment in his favor and against Defendant. NEW MATTER 22. The answers to paragraph I through 21 are incorporated. 23. The averments contained in the First Amended Joinder Complaint fail to state a claim upon which relief can be granted. 3 24. The Defendant is not entitled to attorneys' fees as such fees are not provided by statute or contract. 25. Prior to March 1, 2001, Defendant, as general agent, requested that Additional Defendant assist Plaintiffs by assisting in obtaining health insurance that would cover Plaintiffs' family, including a child who had a serious health condition. 26. Plaintiffs did not discuss any anticipated pregnancies or future deliveries with Additional Defendant and made it clear to Additional Defendant that their concern was to provide adequate health care coverage for their youngest child. 27. Additional Defendant was able to obtain coveragl~ and fully explained the coverage to the Plaintiffs. 28. At all times relevant to this matter, Additional Defendant acted appropriately and non-negligently. WHEREFORE, Additional Defendant respectfully requests this Honorable Court enter judgment in his favor and against Defendant and Plaintiffs. Respectfully submitted, METTE, EVANS & WOODSIDE By: IRE Attorneys for Additional Defendant Date: May 28, 2004 4 FROM :RpB BARR CLU CHFC FAX NO. :717 249 5430 May. 27 2004 04:41PM P2 VERlFJCATION I, Robert T. Barr, have read the, fullowing document and verify that the filets set forth herein are true and correct to the best of my knowledge, infonnation and belief. To the extent that the foregoing document and/or iblanguage is that of couDSEII, I have relied upon counsel in making this Verification. I understand that any fiIIse statements made herein are subject to the penalties of 18 Pa. C.SA ~4904 relating to unsworn falsification to authorities. DATED: \5) ;> 7/0 'I " If 'ZL./~ -?r-- Rob: i:arr vv-.-L ~ CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Charles E. Haddick, Jr., Esquire Dickie, McCamey & Chilcote, P.c. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA l70ll Carl C. Risch, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 METTE, EVANS & WOODSIDE ~ .~:[ SON, E IRE Sup' Ct. I. o. 28960 ' 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Additional Defendant Date: May 28, 2004 399563vl (j "-> c; C::) 0 c.-"J "'- 'n l'!- '- --I C.:: .,.. =r:: ffi:D ,.- , -rJrn -- ""I' -~ ~;: :?CJ ;;-~ '"TJ .~ 'r. :;;;;: (j='J );..~ .. ",C" c.:; ( ~'-? (.3;-11 - , ;,_"1 :;:J ., -..J ..< t ~ F\F1LES\DA T AFlLEIGeneral\Archive\110 18.lpra,disc Created 1I19!043:44PM Revised 1/61068:55AM WILLIAM F. SHUGHART, and DAWN M. SHUGHART, H/W Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2003-6019 CIVIL TERM MILLER INSURANCE ASSOCIATES, INC. Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned action settled, discontinued and ended with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO or /'/" ?r- By "--... ,,' "-~ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: January 6, 2006 -. . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Jason P. McNicholl, Esquire DICKIE, McCAMEY & CHILCOTE 20 South 36th Street Camp Hill, PA 170II-4301 MARTSON DEARDORFF WILLIAMS & OTTO By M. Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 6, 2006 ( G', o c.;:) ----.-._._--~-- '-0 C~.'.~ :" ':'.'-', \:J ~"-r .:2 ..,