The URL can be used to link to this page

Home My WebLink About11-7290Robert F. Claraval, Esq. CLARAVAL & CLARAVAL 500 North Third Street, 2nd Floor Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. 19222 Attorney for Plaintiff DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs V. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants =r 3 lfE?Tr?^z Tr a JJM3L;7.RLAND CCU- IT Y LEI =SYLVA;Lii A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 C- ? a?? `C'?1 I : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. 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, PA 17013 (800) 990-9108 &OP4.Nt (9 -? QJ(-* i ;? AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accidn dentro de los proximos veinte (20) dias despuds de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Robert F. Claraval, Esq. CLARAVAL & CLARAVAL 500 North Third Street, 2nd Floor Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. 19222 Attorney for Plaintiff DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs V. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 CV CV : CIVIL ACTION - LAW COMPLAINT The Parties 1. The Plaintiffs Debra Stumpf and Warren Stumpf are adult individual who reside at 87 Greenwood Circle, Wormleysburg, Pennsylvania, 17043. 2. The Defendant Erie Insurance Exchange ("Erie") writes automobile insurance, is licensed to do business in Pennsylvania. Erie has a business office located at 4901 Louise Drive, Rossmoyne Business Center, Mechanicsburg, Pennsylvania, 17055-0710. 3. The Defendant John Barricklow is an adult individual with last known address of 123 Fairway Drive, Dillsburg, Pennsylvania, 17019-1542. Background 4. On January 23, 2010 Plaintiff Debra Stumpf was traveling in a 2010 Lexus RX 350. Debra Stumpf was wearing a cervical collar as she had undergone a cervical fusion surgery on December 7, 2009 and was still healing from that procedure. 5. On January 23, 2010 Debra Stumpf was insured for automobile coverage by Erie. 6. The policy sold by Erie provided underinsured coverage in the event Debra Stumpf was injured in a motor vehicle crash and the tortfeasor's automobile insurance policy provided liability coverage insufficient to compensate Debra Stumpf for her damages. 7. The Plaintiff Debra Stumpf was merging onto the Carlisle Pike in Cumberland County when traffic in front of her stopped. Debra Stumpf properly stopped her vehicle. 8. On that same date and time the Defendant John Barricklow was operating his Honda truck. The Defendant John Barricklow was also merging onto the Carlisle Pike and was behind Plaintiff Debra Stumpf. 9. The Defendant John Barricklow drove his vehicle into the rear of the Stumpf vehicle. -2- 10. At the moment of impact the Plaintiff Debra Stumpf was leaning over to pick up her purse and was subjected to significant force which caused her injury. 11. The Plaintiff Debra Stumpf is entitled to damages for the Defendant John Barricklow's negligence. 12. The collision and all of the above mentioned injuries and damages sustained by the Plaintiff Debra Stumpf are the direct result of the negligence of the Defendant John Barricklow as more particularly described as follows. (a) In failing to stop his vehicle before colliding with the vehicle operated by Debra Stumpf, (b) In failing to keep alert and to maintain a proper lookout for the presence of other motor vehicles, more specifically, the vehicle operated by Debra Stumpf; (c) In failing to keep adequate and proper control over his vehicle to avoid contact with the vehicle operated by Debra Stumpf; (d) In failing to properly and quickly apply his brakes to prevent his vehicle from colliding with the rear of the vehicle operated by Debra Stumpf. -3- (e) In operating his vehicle in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3714 (careless driving). 13. The force and impact of the collision as caused by the negligence of the Defendant John Barricklow caused serious and permanent injury to the Plaintiff Debra Stumpf as hereinafter described. 14. The Plaintiff Debra Stumpf suffered the following injuries as a result of the negligence of the Defendant John Barricklow: (a) Posttraumatic aggravation of cervical discectomy and fusion surgery; (b) Posttraumatic aggravation of cervical spondylosis, cervical degenerative disc disease and cervical kyphosis. (c) New injury to C34 and C4-5 discs; (e) Cervical whiplash injury; (e) Radicular pain into left arm to the fingers; (f) Headaches; (g) Epidurals required for the pain caused in the crash triggered heart palpatations. 15. By reason of the Plaintiff Debra Stumpfs injuries set forth above she has received medical treatment and will in the future be required to receive said treatment to recover from the injuries suffered in this crash. -4- 16. As a result of the negligence of the Defendant John Barricklow as described herein, the Plaintiff Debra Stumpf has suffered and will continue to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, a loss of life's pleasures and enjoyment, humiliation and embarrassment. 17. Plaintiff Debra Stumpf has been forced to expend sums of money for medical services, medication, therapy and related expenses in the past and will be required to continue to do so in the future. 18. All of Plaintiff Debra Stumpfs injuries as herein described are continuing and will continue into the foreseeable future, as will the treatment costs thereof. 19. The negligence of the Defendant John Barricklow has resulted in the general deterioration of Plaintiff Debra Stumpf s well-being. COUNT I Debra Stumpf v. Erie Insurance Exchange 20. Paragraphs 1-19 are incorporated by reference thereto. 21. Debra Stumpf paid a premium and Erie accepted payment of that premium to provide underinsured motorists coverage. -5- 22. Debra Stumpf believes that the value of her claim exceeds the policy limits of the automobile coverage purchased by the Defendant Barricklow. 23. Accordingly by operation of law and the contract issued by Erie Debra Stumpf is permitted to bring this claim for underinsured benefits. Erie has the original of the automobile insurance policy issued to Warren and Debra Stumpf so no copy is attached to this complaint. 24. Erie has represented to Debra Stumpf that the policy provides for $ l OOOM in underinsured coverage, unstacked. 25. It is beyond peradventure that Debra Stumpf was not negligent in causing the crash and that the injuries Debra suffered are worth more than $100,000 which is the tortfeasor Barricklow's liability coverage. 26. Pennsylvania Rule of Civil Procedure 2229 provides in relevant part as follows: "Rule 2229. Permissive Joinder (b) A plaintiff may join as defendants persons against whom the plaintiff asserts any right to relief jointly, severally, separately or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences if any common question of law or fact affecting the liabilities of all such persons arise in the action." 27. The causes of actions, claims and damages pled by Debra Stumpf against both defendants all arise from the motor vehicle crash of January 23, 2010. -6- 28. Joinder of the claims is appropriate because, not only is the actual underlying accident occurrence the same, but Debra Stumpf's cause against both Barricklow and Erie involve: (a) The same operative facts of the accident; (b) The same driver fault that Debra must establish in order to recover against Defendant Barricklow is the same driver fault that Debra must establish in order to recover against Defendant Erie; (c) The same damages suffered by Debra; (d) The same medical evidence, treating doctors, medical experts and other experts to prove Debra's damages; (e) The same documentary evidence to prove damages; (f) The same injuries to Debra; (g) The same crash causation issues; (h) The same injury causation issues. 29. Moreover, if joinder was not permitted Debra's legal costs for experts and other expenses would be doubled. WHEREFORE, the Plaintiff Debra Stumpf demands judgment against the Defendant Erie Insurance Exchange for her underinsured benefits together with interest and costs of suit:. -7- COUNT II Debra Stumpf v. John Barricklow 30. Paragraphs 1-29 are incorporated herein by reference thereto. 31. The collision and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff Debra Stumpf are the direct result of the carelessness, and negligence of the Defendant John Barricklow as more particularly described above. WHEREFORE, the Plaintiff Debra Stumpf demands judgment against the Defendant John Barricklow in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages if applicable and costs of suit. COUNT III Warren Stumpf v. John Barricklow 32. Paragraphs 1-31 are incorporated herein by reference thereto. 33. Plaintiff Warren Stumpf is married to Plaintiff Debra Stumpf and was so at the time of the incident described above. 34. Plaintiffs Warren Stumpf and Debra Stumpf have resided together before and after the incident described above. -8- 35. By reason of the aforesaid injuries to his wife Warren Stumpf has been and will in the future be deprived of the assistance, society and companionship of his wife. WHEREFORE, the Plaintiff Warren Stumpf demands judgment against the Defendant John Barricklow in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages if applicable and costs of suit. VAL & Date: (717) 233-4780 Supreme Court I.D. #19222 RUBERT F CLARAVAL 500 North T ird Street, 2°d Floor Harrisburg, 17101 Attorneys for Plaintiffs -9- VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. DEBRA STUMPF VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. C / - DEBRA STUMPF IT-J Peter Speaker, Esquire Attorney I.D. 42834 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7644 Attorneys for Defendant John Barricklow 1- 1, FU,;..OFFiC vj i rit PRAO HON0 1A i _ 2011 OCT 14 AH 11: 13 CUMBERLAND COU IT' PENNSYLVANIA DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Please enter the appearances of Hugh P. O'Neill, III, Esquire and Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, as counsel for Defendant, John Barricklow, in the above matter. Date: 10 -?/ 1 1001177.1 /1' Respectfully submitted THOMAS, THOMAS & By PefJ. er, Esquire Attorney No. 42834 Hugh P. O'Neill, Esquire Attorney No. 69986 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 1 s DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. : NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Deanna Eallonardo, of the law firm of Thomas, Thomas and Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon counsel of record by facsimile and first-class United States mail, postage prepaid, addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co Defendant Erie Insurance Exchange DATE: (0//Y/// THO AS, THOMAS & F?AFER, LLP Deanna Eallonardo Johnson, Duffle, Stewart R Weidnpr By: John A. Statle?,ll QLil I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com F) E t, Aftdrneys for Defendant Erie Insurance Exchange DEBRA STUMPF and WARREN STUMPF, Wife and Husband, Plaintiffs V. ERIE INSURANCE EXCHANGE and ; JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-7290 CIVIL PRELIMINARY OBJECTIONS OF DEFENDANT ERIE INSURANCE EXCHANGE TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant Erie Insurance Exchange, by its attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file these Preliminary Objections to the Plaintiffs' Complaint and in support thereof, avers as follows: 1. Plaintiffs filed their Complaint in this case on or about September 23, 2011. 2. The Plaintiffs' Complaint asserts a cause of action for negligence against Defendant John Barricklow as a result of a motor vehicle accident that occurred on January 23, 2010. (See Plaintiffs' Complaint, ¶¶ 1-19, 31, 34). 3. The Plaintiffs' Complaint also asserts a claim against Defendant Erie Insurance Exchange for underinsured motorist benefits arising out of an insurance contract between Plaintiffs and Erie Insurance Exchange. (See Plaintiffs' Complaint, ¶¶ 21-29). 4. The motor vehicle tortfeasor, Defendant John Barricklow, is not alleged to be a party to the insurance contract issued by Erie Insurance Exchange to the Plaintiffs. 5. Rather, the insurance policy is a contract only between Debra and Warren Stumpf and Erie Insurance Exchange. 6. The motor vehicle tortfeasor, Defendant John Barricklow, is not even alleged to be a party to the claim for underinsured motorist benefits being made by Plaintiffs against Defendant Erie Insurance Exchange. 7. Furthermore, the Plaintiffs do not even make a claim for joint and several liability or for contribution between Defendant John Barricklow and Defendant Erie Insurance Exchange in either the negligence cause of action or the claim for underinsured motorist benefits. Preliminary Objection - Misioinder of Cause of Action 8. Defendant Erie Insurance Exchange incorporates by reference the averments contained in paragraphs 1 through 8 of these Preliminary Objections as if set forth at length. 9. Rule 1028(5) of the Pennsylvania Rules of Civil Procedure provides that a preliminary objection may be filed on the grounds of misjoinder of a cause of action. Pa. R.C.P. No. 1028(5). 10. Rule 2229(b) of the Pennsylvania Rules of Civil Procedure provides for permissive joinder as follows: A plaintiff may join as defendants persons against whom the plaintiff asserts any right to relief jointly, severally, separately or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences if any common question of law or fact affecting the liabilities of all such persons will arise in the action. Pa. R.C.P. No. 2229(b). 11. The Plaintiffs' negligence cause of action against Defendant John Barricklow and the claim for underinsured motorist benefits against Erie Insurance Exchange do not arise out of the same transaction, occurrence or series of transactions or occurrences and do not involve common questions of law affecting the liabilities of all such defendants. Stokes v. Loyal Order of Moose Lodge, 502 Pa. 460, 466 A.2d 1341 (1983); Pa. R.C.P. No. 2229(b). 12. This Honorable Court considered the exact same issue in the case of Henry v. Amin and Westfield Insurance Co., Cumberland County C.C.P. 11-4881. In that case, Mr. Amin, the motor vehicle tortfeasor, filed preliminary objections to sever the plaintiffs' claim for underinsured motorist benefits against Westfield Insurance Co.. By Order of the Court dated September 1, 2011, the Honorable M. L. Ebert, Jr. granted the defendant's preliminary objections and ordered the Plaintiff to file a separate Complaint against Westfield Insurance Company and further ordered that the cause of action against Mr. Amin shall be tried first followed by the trial against Westfield Insurance Company. A copy of Judge Ebert's Order from the Henry case is attached hereto as Exhibit "A." 13. Pursuant to rule 2232(b) of the Pennsylvania Rules of Civil Procedure, joinder of unnecessary parties is not grounds for dismissal of an action. Rather, after notice to all parties, a party may be dropped by order of court whenever that party has been misjoined. Pa. R.C.P. No. 2232(b). 14. Furthermore, under Rule 213(8) of the Pennsylvania Rules of Civil Procedure, The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order a separate trial of any cause of action, claim or counterclaim, set-off, or cross-suit, or of any separate issue, or of any number of causes of action, claims, counterclaims, set-offs, cross-suits, or issues. Pa. R.C.P. No. 213(8) 15. The negligence cause of action against Defendant John Barricklow has been misjoined to the clam for underinsured motorist benefits against Defendant Erie Insurance Exchange. 16. There is no dispute that Defendant John Barricklow is not part of the Plaintiffs' claims for underinsured motorist benefits against Defendant Erie Insurance Exchange. 17. Similarly, there should be no dispute that Defendant Erie Insurance Exchange is not part of the Plaintiffs' cause of action for negligence against Defendant Barricklow. 18. Furthermore, it is asserted that a combined trial of the negligence cause of action against Defendant Barricklow with the claim for underinsured motorist benefits against Erie Insurance Exchange will cause great confusion to the jury to the detriment of all parties involved. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests this Honorable Court to grant this Preliminary Objection and to sever the Plaintiffs' claim for underinsured motorist benefits against Erie from the Plaintiffs' cause of action for negligence against John Barricklow. Erie further requests this Honorable Court to order that the case against Erie Insurance Exchange shall be tried after the conclusion of the trial of the case against John Barricklow. Preliminary Objection - Failure of a Pleading to Conform to Law or Rule of Court/Leaaal Insufficiency of a Pleading 19. In Count I of their Complaint, the Plaintiffs bring "a claim for underinsured benefits" against Defendant Erie Insurance Exchange. (See Complaint ¶¶ 21-29). 20. Under Pennsylvania law, there is no cause of action termed "a claim for underinsured benefits." 21. Rather, in order to state a claim for underinsured motorist benefits from Erie Insurance Exchange, Plaintiffs must properly plead a cause of action for breach of contract for underinsured motorist benefits. 22. Rules 1028(a)(2) and 1028(a)(3) of the Pennsylvania Rules of Civil Procedure provide for filing of preliminary objections based on failure of a pleading to conform to law or rule of court and legal insufficiency of a pleading. Pa. r.C.P. Nos. 1028(a)(2) and 1028(a)(3). WHEREFORE, Defendant Erie Insurance Exchange respectfully requests this Honorable Court to grant this Preliminary Objection to strike Count I of the Plaintiffs' Complaint and to order the Plaintiffs to file a separate Amended Complaint against Defendant Erie Insurance Exchange to replead Count I as a cause of action for breach of contract for underinsured motorist benefits. Respectfully submitted, JOHNS -FIE, STEW RT & WEIDNER By: w John A. Statler, EtqAre Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange DATE: f/ / --?/ )// 466206 22740-2854 ?kk?bit ? CRAIG HENRY, AND FRAN HENRY, PLAINTIFFS V. LRAM AMIN AND WESTFIELD INSURANCE CO., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-4881 CIVIL IN RE: PRELIMINARY OBJECTIONS BEFORE GUIDO, J., EBERT, J., AND MASLAND J. ORDER OF COURT AND NOW, this 131 day of September, 2011, upon consideration of Defendant Iram Amin's Preliminary objections to Plaintiffs' Complaint, the Plaintiffs' Response thereto and after oral argument by the Parties, IT IS HEREBY ORDERED AND DIRECTED that Defendant Iram Amin's Preliminary Objections are SUSTAINED. Plaintiffs' cause of action against Irarn Amin will be severed from the Plaintiffs' claim for underinsured motorist benefits against Westfield Insurance Co. Plaintiffs shall file a separate complaint against Westfield Insurance Co. to include a claim for breach of contract and shall attach a copy of the insurance policy to the complaint. Plaintiff is given 20 days to file an amended complaint against Westfield Insurance Co. IT IS FURTHER ORDERED AND DIRECTED that the cause of action against Iram Amin shall be tried first. Upon conclusion of that trial, the case against Westfield insurance Co. shall be tried. By the Court, ?& ? ?O - M. L. E ert, Jr., - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Preliminary Objections of Defendant Erie Insurance Exchange to Plaintiffs' Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 3 1 S day of C ?V 2011, addressed to the following: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, Second Floor Harrisburg, PA 17101 Hugh P. O'Neill, Esquire Thomas, Thomas & Hafer 205 North Front Street P. O. Box 999 Harrisburg, PA 17108 By: SON, DUFFIE, STEWART & WEIDNER John A. State , uire \ Attorney I.D. No. 438 Z-J 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange t Peter Speaker. Esquire Attorney I.D. 42834 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7644 Attorneys for Defendant John Barricklow j a t? a -' 3 - c , *,y '1' L M N I A DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs V. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 11-7290 Defendants : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF JOHN BARRICKLOW TO PLAINTIFFS' AMENDED COMPLAINT 1. INTRODUCTION 1. Plaintiffs initiated this matter by filing a Complaint, on or about September 23, 2011. 2. On October 29, 2011, Defendant Barricklow filed Preliminary Objections to Plaintiffs' original Complaint. 3. On or about November 14, 2011, Plaintiffs filed an Amended Complaint resolving some issues raised in the Preliminary Objections. 4. Plaintiffs' Amended Complaint asserts a claim against Defendant John Barricklow sounding in negligence arising from a motor vehicle accident that occurred on the Carlisle Pike in Cumberland County on January 23, 2010. 1 Plaintiffs also assert a claim for UIM benefits against their first party provider, Erie Insurance Exchange. 6. Defendant Barricklow files these Preliminary Objections to Plaintiffs' Amended Complaint pursuant to Pa.R.C.P. 1028(a)(5) for misjoinder of a cause of action. II. PRELIMINARY OBJECTIONS Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(2) for Inclusion of Impertinent Matter and 1028(a)(5) for the Misjoinder of a Cause of Action 7. Plaintiffs' Amended Complaint asserts a claim for negligence against Defendant Barricklow and presumably a breach of contract claim against his first party carrier, Erie Insurance Exchange, for underinsured motorists benefits. 8. The issue of insurance is raised throughout the Amended Complaint from the caption on through paragraphs 5 and 6 and through Count I along with the wherefore clause. 9. Plaintiffs' references to insurance coverage with Erie Insurance Exchange is immaterial and inappropriate to the proof of the cause of action as against Defendant Barricklow and as such must be stricken. Common Cause of Pa. v. Commw., 710 A.2d 108, 115 (Pa. Commw. Ct. 1998); Custard Design Group, Inc. v. LaMarco Contracting Inc., Docket No. 06- 4482; Slip. Op. at 6 (CCP Cumberland, June 21, 2001). 10. Plaintiffs' attempt to join a negligence claim against Defendant Barricklow and a breach of contract claim for underinsured motorists benefits against Erie Insurance Exchange is prejudicial to Defendant Barricklow. Pa.R.C.P. 213(b); Pa.R.E. 403; Pa.R.E. 411. 11. Plaintiffs' attempt to join the negligence claim against Defendant Barricklow and first party breach of contract claim against Defendant Erie Insurance Exchange does not arise out 2 of the same transaction, occurrence or series of transactions or occurrences, and do not involve common questions of law and fact affecting the liabilities of the respective Defendants. Pa.R.C.P. 229(b); Stokes v. Loyal Order of Moose Lodge, 502 Pa. 460, 466 A.2d 1341 (1983). 12. This Honorable Court considered a similar issue in the matter of Henry v. Amin and Westfield Insurance Co., Cumberland County, CCP 11-4881. In that matter, Defendant Amin filed preliminary objections to sever the Henry plaintiffs' claim for underinsured motorist benefits against their UIM carrier, Westfield Insurance Co. On September 1, 2011, Judge Ebert issued an Order sustaining Henry's Preliminary Objections and instructing plaintiffs to file a separate complaint against Westfield Insurance Co. A copy of Judge Ebert's Order in the UM case is attached as Exhibit "A". 13. It is requested that this Court follow the precedent of the Henr decision and sever the UIM claims against Erie Insurance Exchange from this negligence claim against John Barricklow. WHEREFORE, Defendant Barricklow specifically requests that this Honorable Court sustain his Preliminary Objections and sever Plaintiffs' claim for underinsured motorist benefits against Erie Insurance Exchange from the instant action. Respectfully submitted THOMAS, THOMA ,, By 111 Date: 1005439.1 HAFER, LLP Petd, 'Speaker, Esquire Attorney No. 42834 Hugh P. O'Neill, Esquire Attorney No. 69986 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant Barricklow 3 DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs V. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 11-7290 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Deanna Eallonardo, of the law firm of Thomas, Thomas and Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon counsel of record by facsimile and first-class United States mail, postage prepaid, addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2"d Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co Defendant Erie Insurance Exchange THOMAS, THOMAS & DATE: De =a Eallonardo Cr-N- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COLJ14TY: (List the within matter for the next Argument Court.) DEBRA STUMPF and IN ^-HE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. w NO. 1 1-7290 CIVIL TERM ??`r r ERIE INSURANCE EXCHANGE and3 JOHN BARRICKLOW, Y TRIAL DEMANDED w Defendants = No. 2011 7290 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of John Barricklow to Plaintiffs' Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert F. Claraval, Esq., Claraval & Claraval, 500 N. Third Street, 2nd Floor, Harrisburg, PA, 17101(Name and Address) (b) for defendants: Hugh P O'Neill Esquire Thomas Thomas & Hafer, 305 N. Front Street, Harrisburg, PA 17101 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Hugh P. O'Neill, Esq. Print your name John Barricklow 1 l Attorney for Defendant. Date: DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, : CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Deanna Eallonardo, of the law firm of Thomas, Thomas and Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon counsel of record by facsimile and first- class United States mail, postage prepaid, addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2"d Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co-Defendant Erie Insurance Exchange THO AS, THOMAS & HAFER, LLP DATE: l7 j /LZ l f I Deanna Eallonardo Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com r??l r'tie ?! eOUH Y Attorneys for Defendant DEBRA STUMPF and WARREN STUMPF, Wife and Husband, Plaintiffs V. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-7290 CIVIL PRELIMINARY OBJECTIONS OF DEFENDANT ERIE INSURANCE EXCHANGE TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, comes the Defendant Erie Insurance Exchange, by its attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file these Preliminary Objections to the Plaintiffs' Amended Complaint and in support thereof, avers as follows: 1. Plaintiffs filed their Amended Complaint in this case on or about November 12, 2011. 2. The Plaintiffs' Amended Complaint asserts a cause of action for negligence against Defendant John Barricklow as a result of a motor vehicle accident that occurred on January 23, 2010. (See Plaintiffs' Amended Complaint, ¶¶ 7, 38, 40-42). 3. The Plaintiffs' Amended Complaint also asserts a claim against Defendant Erie Insurance Exchange for underinsured motorist benefits arising out of an insurance contract between Plaintiffs and Erie Insurance Exchange. (See Plaintiffs' Amended Complaint, ¶¶ 19-36). 4. The motor vehicle tortfeasor, Defendant John Barricklow, is not alleged to be a party to the insurance contract issued by Erie Insurance Exchange to the Plaintiffs. 5. Rather, the insurance policy is a contract only between Debra and Warren Stumpf and Erie Insurance Exchange. 6. The motor vehicle tortfeasor, Defendant John Barricklow, is not even alleged to be a party to the claim for underinsured motorist benefits being made by Plaintiffs against Defendant Erie Insurance Exchange. 7. Furthermore, the Plaintiffs do not even make a claim for joint and several liability or for contribution between Defendant John Barricklow and Defendant Erie Insurance Exchange in either the negligence cause of action or the claim for underinsured motorist benefits. Preliminary Objection - Misjoinder of Cause of Action 8. Defendant Erie Insurance Exchange incorporates by reference the averments contained in paragraphs 1 through 8 of these Preliminary Objections as if set forth at length. 9. Rule 1028(5) of the Pennsylvania Rules of Civil Procedure provides that a preliminary objection may be filed on the grounds of misjoinder of a cause of action. Pa. R.C.P. No. 1028(5). 10. Rule 2229(b) of the Pennsylvania Rules of Civil Procedure provides for permissive joinder as follows: A plaintiff may join as defendants persons against whom the plaintiff asserts any right to relief jointly, severally, separately or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences if any common question of law or fact affecting the liabilities of all such persons will arise in the action. Pa. R.C.P. No. 2229(b). 11. The Plaintiffs' negligence cause of action against Defendant John Barricklow and the claim for underinsured motorist benefits against Erie Insurance Exchange do not arise out of the same transaction, occurrence or series of transactions or occurrences and do not involve common questions of law affecting the liabilities of all such defendants. Stokes v. Loyal Order of Moose Lodge, 502 Pa. 460, 466 A.2d 1341 (1983); Pa. R.C.P. No. 2229(b). 12. This Honorable Court considered the exact same issue in the case of Henry v. Amin and Westfield Insurance Co., Cumberland County C.C.P. 11-4881. In that case, Mr. Amin, the motor vehicle tortfeasor, filed preliminary objections to sever the plaintiffs' claim for underinsured motorist benefits against Westfield Insurance Co.. By Order of the Court dated September 1, 2011, the Honorable M. L. Ebert, Jr. granted the defendant's preliminary objections and ordered the Plaintiff to file a separate Complaint against Westfield Insurance Company and further ordered that the cause of action against Mr. Amin shall be tried first followed by the trial against Westfield Insurance Company. A copy of Judge Ebert's Order from the Henry case is attached hereto as Exhibit "A." 13. Pursuant to rule 2232(b) of the Pennsylvania Rules of Civil Procedure, joinder of unnecessary parties is not grounds for dismissal of an action. Rather, after notice to all parties, a party may be dropped by order of court whenever that party has been misjoined. Pa. R.C.P. No. 2232(b). 14. Furthermore, under Rule 213(B) of the Pennsylvania Rules of Civil Procedure, The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order a separate trial of any cause of action, claim or counterclaim, set-off, or cross-suit, or of any separate issue, or of any number of causes of action, claims, counterclaims, set-offs, cross-suits, or issues. Pa. R.C.P. No. 213(8). 15. The negligence cause of action against Defendant John Barricklow has been misjoined to the clam for underinsured motorist benefits against Defendant Erie Insurance Exchange. 16. There is no dispute that Defendant John Barricklow is not part of the Plaintiffs' claims for underinsured motorist benefits against Defendant Erie Insurance Exchange. 17. Similarly, there should be no dispute that Defendant Erie Insurance Exchange is not part of the Plaintiffs' cause of action for negligence against Defendant Barricklow. 18. Furthermore, it is asserted that a combined trial of the negligence cause of action against Defendant Barricklow with the claim for underinsured motorist benefits against Erie Insurance Exchange will cause great confusion to the jury to the detriment of all parties involved. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests this Honorable Court to grant this Preliminary Objection and to sever the Plaintiffs' claim for underinsured motorist benefits against Erie from the Plaintiffs' cause of action for negligence against John Barricklow. Erie further requests this Honorable Court to order that the case against Erie Insurance Exchange shall be tried after the conclusion of the trial of the case against John Barricklow. Preliminary Objection - Failure of a Pleading to Conform to Law or Rule of Court/Leaal Insufficiency of a Pleading 19. In Count I of their Complaint, the Plaintiffs purport to state a claim for underinsured benefits against Defendant Erie Insurance Exchange. (See Amended Complaint ¶¶ 19-36). 20. Under Pennsylvania law, in order to state a claim for underinsured motorist benefits from Erie Insurance Exchange, Plaintiffs must properly plead a cause of action for breach of contract for underinsured motorist benefits. 21. Rules 1028(a)(2) and 1028(a)(3) of the Pennsylvania Rules of Civil Procedure provide for filing of preliminary objections based on failure of a pleading to conform to law or rule of court and legal insufficiency of a pleading. Pa. R.C.P. Nos. 1028(a)(2) and 1028(a)(3). WHEREFORE, Defendant Erie Insurance Exchange respectfully requests this Honorable Court to grant this Preliminary Objection to strike Count I of the Plaintiffs' Amended Complaint and to order the Plaintiffs to file a separate Second Amended Complaint against Defendant Erie Insurance Exchange to replead Count I as a cause of action for breach of contract for underinsured motorist benefits. Preliminary Objection - Insufficient Specificity in a Pleadina 22. Rule 1028(a)(c) of the Pennsylvania Rules of Civil Procedure provides that any party may file a preliminary objection based on insufficient specificity in a pleading. PA. R.C.P. No. 1028(a)(3). 23. In Count I of their Amended Complaint, Plaintiffs claim damages from Erie Insurance Exchange. (See, Plaintiffs' Amended Complaint, "19-36). 24. Erie Insurance Exchange cannot determine from the Amended Complaint if the Plaintiffs are only seeking underinsured motorist benefits from Erie Insurance Exchange or are also seeking extracontractual damages. 25. If the Plaintiffs are seeking extracontractual damages from Erie Insurance Exchange, the Plaintiffs should be required to plead such a claim in a separate Count from their claim for underinsured motorist benefits. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests this Honorable Court to grant this Preliminary Objection and to order the Plaintiffs to file a Second Amended Complaint to replead Count I with sufficient specificity to enable Erie to determine what causes of action or claims the Plaintiffs are asserting against Erie. In the event that the Plaintiffs are seeking extracontractual damages from Erie, then Erie respectfully requests this Honorable Court to order the Plaintiffs to separately and specifically plead their claims against Erie in separate Counts. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, quire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange DATE: II / 2 Z J // 469192 22740-2854 ?Xl:,b?f fF CRAIG HENRY, AND FRAN HENRY, PLAINTIFFS V. TRAM AMIN AND WESTFIELD INSURANCE CO., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4881 CIVIL IN RE: PRELIMINARY OBJECTIONS BEFORE GUIDO J. EBERT J. AND MASLAND J. ORDER OF COURT AND NOW, this 1St day of September, 2011, upon consideration of Defendant Iram Amin's Preliminary objections to Plaintiffs' Complaint, the Plaintiffs' Response thereto and after oral argument by the Parties, IT IS HEREBY ORDERED AND DIRECTED that Defendant Iram Amin's Preliminary Objections are SUSTAINED. Plaintiffs' cause of action against Iram Amin will be severed from the Plaintiffs' claim for underinsured motorist benefits against Westfield Insurance Co. Plaintiffs shall file a separate complaint against Westfield insurance Co. to include a claim for breach of contract and shall attach a copy of the insurance policy to the complaint. Plaintiff is given 20 days to file an amended complaint against Westfield Insurance Co. IT IS FURTHER ORDERED AND DIRECTED that the cause of action against Iram Amin shall be tried first. Upon conclusion of that trial, the case against Westfield Insurance Co. shall be tried. By the Court, M. L. E ert, Jr., - CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I served a true and correct copy of the foregoing Preliminary Objections of Defendant Erie Insurance Exchange to Plaintiffs' Amended Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the Z z h day of /U0V-e4m ? 2011, addressed to the following: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, Second Floor Harrisburg, PA 17101 Hugh P. O'Neill, Esquire Thomas, Thomas & Hafer 205 North Front Street P. O. Box 999 Harrisburg, PA 17108 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, uire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange Peter Speaker, Esquire Attorney I.D. 42834 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 Attorneys for Defendant John Barricklow 2011DEC29 A1111:42 CUMBERLAND COUNTY PENNSYLVANIA DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs V. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants FILED-OFF4GE OF THE PROTHONOTARY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 11-7290 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, John Barricklow, certifies that (1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to all counsel on December 6, 2011, which is at least twenty days prior to the date on which the Subpoenas are sought to be served; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) no objection to the Subpoenas has been received; and (4) the Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. ,X & HAFER, LLP III, ESQUIRE 305 NCH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7629 Date: ?a ?? ATTORNEY FOR DEFENDANTS Peter Speaker. Esquire AttorneN I.D. 42834 Hugh P. O'Neill. III. Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg. PA 17108 (717) 255-7639 Attorneys for Defendant John Barricklou DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs N'. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 11-7290 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 400913 TO: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Defendant, John Barricklow, intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. THOMAS,,T4r & HAFER, LLP Date: l T HU5aTi P. G ILL, ESQUIRE I. 69986 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7629 ATTORNEY FOR DEFENDANTS, JOHN BARRICKLOW g CERTIFICATE OF SERVICE I, KATHY J. KUHN, an employee of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2°d Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co Defendant Erie Insurance Exchange THOMAS, THOMAS & HAFER, LLP THY KtTHN,'WARALEGAL ,•? 1 Date: i - 1022023.1 CERTIFICATE OF SERVICE I, Kathy J. Kuhn, an employee of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg. Pennsylvania addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2°d Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co-Defendant Erie Insurance Exchange THOMAS, THOMAS & HAFER, LLP #ay J&uh?,'PaMegal Date: / - ?lq X-// DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs VS. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-7290 CIVIL IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT BEFORE HESS, P.J., AND MASLAND, J. ORDER AND NOW, this q ` day of January, 2012, the preliminary objections of the defendants are DENIED. This order is entered without prejudice to the defendants to file a motion for severance. BY THE COURT, Kevin Alless. P. J. Robert F. Claraval, Esquire For the Plaintiffs /John A Statler Esquire c? rl . , For Defendant Erie Insurance Exchange rrn C- ,Y,- x , ?c -urn j/ Hugh P. O'Neill, III, Esquire CD For Defendant Barricklow cc? .? z An =CD ? - :rlm 6y; PS n4a, 5>-C= tv [-T V cn N DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF, wife and husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs c7 N v. N0.2011-7290 CIVIL 7i N ? ERIE INSURANCE EXCHANGE and Z nF JOHN BARRICKLOW,f" v r-n efendants : CIVIL ACTION - LAW ?? D -+ca 6-n CERTIFICATE OF SERVICE v Z5 a v I hereby certify that I have this day served Plaintiffs' Interrogatories Addressed to Defenda nt Erie Insurance Exchange and Plaintiffs' Request for Production of Documents Addressed to Defendant Erie Insurance Exchange upon the following persons: Via Certified Mail John A. Statler, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Via First Class Mail Hugh P. O'Neill, Esq. Thomas Thomas & Hafer P.O. Box 999 Harrisburg, PA 17fs108 CLARAVAL & CLARAVAL Date: (? 4 Ll By Gl ML, DENISE I. WILLIAMS PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Debra Stumpf and Warren Stumpf, Wife and Husband C) vs. = °- :K N Erie Ins. Exchange and John Barricklow No. 2011 7290 ? erH' <o -a 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demu4a =.. complaint, etc.): vC= --: Motion for Severance of Defendant Erie Insurance Exchange 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert F. Claraval, Esquire, 500 N. Third Street, 2nd Floor, Harrisburg, PA 17101 (Name and Address) (b) for defendants: John A. Statler, Esquire, 301 Market St., Lemoyne, PA 17043 (For Def. Erie Ins. Exchange) (Name and Address) Hugh P. O'Neill, Esquire, P.O. Box 999, Harrisburg, PA 17108 (For Def. John Barricklow) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 24, 2012 Signature JO Hrvl A • Print your name Defendant Erie Insurance Exchange Date: January 24, 2012 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. C, C? art} It 19-7S pd a Ck-w %S?S-7 fz # a-? oI9a DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs VS. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-7290 CIVIL IN RE: MOTION OF THE PLAINTIFFS FOR RECONSIDERATION OF THE COURT'S JANUARY 4 2012 ORDER AND THE MOTION OF THE DEFENDANTS FOR SEVERANCE ORDER AND NOW, this day of February, 2012, upon consideration of the motions of the parties, it is directed that the trial of the matters involving the two defendants shall be severed with the understanding that the case against John Barricklow will be tried first. The matters shall remain joined for all proceedings pretrial including, but not limited to, discovery. BY THE COURT, V Robert F. Claraval, Esquire For the Plaintiffs V John A. Statler, Esquire For Defendant Erie Insurance Exchange :i Hugh P. O'Neill, III, Esquire For Defendant Barricklow :rlm Lor,..c-- Atha. (ed 19/,31 1 - i Kevin ,A. Hess, P. J. _e rU r It-'k 6 Peter Speaker, Esquire Attorney I.D. 42834 Hugh P. O'Neill, III, Esquire Attorney I.D: 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7644 Attorneys for Defendant John Barricklow EILED-O FICc E-y4 THE RRI10i 110NOTARY 97312 AUG 21 V4,11:28 --MI ERLnh(D COUNTY a'1_IN NSYLVA NIA DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Debra Stumpf and Warren Stumpf c/o Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, THOMAS, THONVS_04AFER, LLP Dated: By: 0 ( Hug . O'Neill, III, Esquire Peter Speaker, Esquire Attorney I.D.. 42834 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7644 Attorneys for Defendant John Barricklow DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION V. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants NO. 11-7290 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF JOHN BARRICKLOW TO THE AMENDED COMPLAINT 1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained therein. 2. This paragraph is directed to a party other than Answering Defendant. 3. Admitted. 4. Admitted in part, denied in part. It is only admitted that on January 23, 2010, Debra Stumpf was traveling in a Lexus vehicle. By way of further response, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to whether Mrs. Stumpf was healing from a cervical fusion surgery that had taken place prior. All other allegations are placed at issue and strict proof thereof is demanded at the time of trial. 1 5. Admitted in part, denied in part. It is only admitted that Plaintiff, Debra Stumpf, was merging into Carlisle Pike ahead of the Defendant. All other allegations are generally denied pursuant to Pa.R.C.P. 1029(e) and denied as conclusions of law. 6. Admitted. 7. Admitted. 8. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained in the corresponding paragraph of Plaintiffs' Amended Complaint. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 9. Denied as a conclusion of law and pursuant to Pa.R.C.P. 1029(e). 10. Denied. The allegations contained in the corresponding paragraph of Plaintiffs' Amended Complaint are denied as conclusions of law and pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 11-17. Denied. The allegations in the corresponding paragraphs of Plaintiffs' Amended Complaint are denied as conclusions of law and denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. Count I Debra Stumpf v. Erie Insurance Exchange 18-36. Denied. Answering Defendant incorporates his responses to Paragraphs 1-17 of Plaintiffs' Amended Complaint as is set forth here and at length. All allegations are directed to a party other than Answering Defendant and no response is deemed required pursuant to the 2 Pennsylvania Rules of Civil Procedure. However, to the extent a response is deemed required, all allegations are generally denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant demands judgment in his favor and against all other parties together with costs. COUNT II Debra Stumpf v. John Barricklow 37-38. Answering Defendant incorporates his responses to Paragraphs 1-36 of Plaintiffs' Amended Complaint as is set forth here and at length. All allegations are denied as conclusions of law and denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment in his favor and against all other parties together with costs. COUNT III Warren Stumpf v. John Barricklow 39. Answering Defendant incorporates his responses to Paragraphs 1-38 of Plaintiffs' Amended Complaint as is set forth here and at length. 40-42. Denied. All allegations in the corresponding paragraphs of Plaintiffs' Amended Complaint are denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment in his favor and against all other parties together with costs. 3 NEW MATTER 43. Plaintiffs' claims may be barred by the applicable statute of limitations. 44. Defendant reserves his right to raise one or more of those defenses reserved under Pa.R.C.P. 1030. 45. Plaintiffs' recoverable damages may be limited by their limited tort election. 46. Plaintiffs' claims may be barred by the application of accord and satisfaction. 47. Plaintiffs' claims may be barred and/or diminished by the applicable Doctrines of Comparative and/or Contributory Negligence. 48. Plaintiffs have failed to state a claim upon which relief may be granted. 49. No act or omission on the part of Defendant was a substantial factor in bringing about Plaintiffs' injuries and/or damages, all such injuries and/or damages being expressly denied. WHEREFORE, Answering Defendant requests that this Honorable Court dismiss Plaintiffs' Amended Complaint with prejudice. Respectfully submitted THOMAS, TH By Date:O 1131179.1 Hugh Y. "'New, hsquire Attorney No. 69986 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant Barricklow 4 VERIFICATION I, Hugh P. O'Neill, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby verify that we are the attorneys of record for Defendant John Barricklow in this case, that as such I am authorized to make this Verification; and that the information set forth in the foregoing Answer and New Matter to Plaintiffs' Amended Complaint is true and corre?.,.te'the best of my knowledge, information, and belief. Date: Vdol?6 HUGH P. O'NEILL, ESQUIRE DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. : NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Deanna Eallonardo, of the law firm of Thomas, Thomas and Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon counsel of record by facsimile and first-class United States mail, postage prepaid, addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2°d Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co-Defendant Erie Insurance Exchange DATE: I L Deanna Eallonardo Robert F. Claraval, Esq. CLARAVAL & CLARAVAL 500 North Third. Street, 2nd Floor Harrisburg, PA 17101 (717)233-4780 Supreme Court LD. 19222 Attorney for Plaintif' DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants NO. 2011-7290 CIVIL CIVIL ACTION -LAW PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANTS' AMENDED ANSWER WITH NEW MATTER Preliminary Obiection Pursuant to Pa. R.C.P. 1028 in the Nature of a Motion to Strike 1. Pennsylvania Rule of Civil Procedure 1024(c) requires that a pleading be verified ~y i a party unless the party lacks sufficient knowledge or information or is outside the jurisdiction of t~e court and the verification cannot be obtained within the time allowed. 2. Defendant Barricklow's Amended Answer and New Matter to Plaintiffs' Compla~nt is verified by counsel rather than a party. T e verification does not set forth any of the enumerated reasons in 1024(c) is therefore improper. WHEREFORE, Plaintiffs move this Honorable Court to Order the Defendant to properly verify his Amended Answer with New Matter within twenty (20) days or that the Amended Answier and New Matter be stricken and default judgment as to liability entered. Preliminary Objections in the Nature of a Motion for a More Specific Pleading Pursuant to Pa.R.C.P. 1028(a)(3) and in the Nature of a Motion to Strike Pursuant to Pa.R.C.P. 1028(a)(2) and (3) 1. Pennsylvania Rule of Civil Procedure 1019(a) reads: "The material facts on whi~h a cause of action or defense is based shall be stated in a concise and summary form.'' 2. D~;fendant Barricklow has failed to plead any material facts upon which Defenda~t Barricklow bases certain of his defenses as enumerated below. 3. Defendant Barricklow cannot argue the case is in the preliminary stages and t~e parties will be e~:ploring the facts surrounding this accident in discovery but is required to pled material facts if 1~_e has any now. 4. This case is analogous to the Supreme Court decision of Hospital, 461 A.2d 600 (1983) and to the decision rendered by the Hol in Tomasetti v. State Farm, 123 Dauph. 442 (October 24, 2007). 5. T1e paragraphs in the New Matter which are not spe object are as follows: 43. Plaintiffs' claims may be barred by the applicable statute of limitations. 44. Defendant reserves his right to raise one or more of those defenses reserved under Pa. R.C.P. 1030. 45. Plaintiffs' recoverable damages may be limited by their limited tort selection. 46. Plaintiffs' claims may be barred by the application of accord and satisfaction. 47. Plaintiffs' claims may be barred and/or diminished by the applicable Doctrines of Comparative and/or Contributory Negligence. 48. Plaintiffs have failed to state a claim upon which relief may be granted. 4~+. No act or omission on the part of Defendant was a substantial factor in bringing about Plaintiffs' injuries and/or damages, all such injuries and/or damages being expressly denied. 6. Moreover, Defendant Barricklow's averments at paragraphs 43 and 48 are totally frivolous and constitute vexatious litigation. Paragraph 43 raises the statute of limitations yet Barricklow knows the crash was January 23, 2010 and the Complaint was filed September 21, 201 jl . In paragraph 48, Barricklow claims the Complaint fails to state a cause of action. The Complaint avers arear-end collision causing personal injury, clearly stating a cause of action. WHEREFORE, Plaintiffs Debra and Warren Stumpfmove this Honorable Court for an Order requiring Defendant Barricklow to file an Amended New Matter which complies with Pa. R.C.. 1019 and states t ie material facts on which the Defendant's defenses are based. In the alternative, Plaintiff moves this Honorable Court for an Order striking Paragraphs 43, 44, 45, 46, 47, 48 and ~9 from Defendant's New Matter. CLARAVAL & CLARAVAL Date: ~ ~ _ By ROBERT F. CLARAVAL, ESQ. 500 North Third Street, 2"d Floor Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff VERIFICATION The language of the foregoing document is that of counsel and not necessarily my o~vn; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information and bel~ef; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S~.A. §4904, relating tc> unsworn falsification to authorities. ~~~- Debra Stumpf DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7290 CIVIL CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Plaintifj~s ' Preliminary Objections and proposed Order to Defendant Barricklow 's Amended Answer with N~w Matter by First Class U.S. Mail addressed to the following person(s): John A. Statler, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Hugh P. O'Neill, Esq. Thomas Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Date: ~ I ~~ 1 CLARAVAL & CLARAVAL BY MARY K. LL DEBRA STUMFF and WARREN STUMPF, wife and husband, Plaintiffs v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7290 CIVIL CIVIL ACTION -LAW ORDER AND NOW, this day of , 2012, upon consideration bf Plaintiff's Preliminary Objections to Defendant Barricklow's Amended Answer with New Matt~r, it is ORDERED AND DIRECTED that Defendant Barricklow file an Amended New Matter whi~h complies with Pennsylvania Rule of Civil Procedure 1019 within twenty (20) days or Paragraphs 4~3, 44, 45, 46, 47, 4~ and 49 of Defendant Barricklow's New Matter will be stricken. BY THE COURT: Judg , Distribution: Robert F. Claraval, sq., 500 N. Third Street, 2nd Floor, Harrisburg, PA 17101 - rfclawna.,comcast.net John A. Statler, Esq., 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 -Mail _,JDSW.com Hugh P. O'Neill, Esq., 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 - honeill cr,tth.corn ~.,~ . ~7~ i~~l°~~~~~~~~~~`iPr ~ Peter Speaker, Esquire Attorney I.D. 42834 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)255-7629 Attorneys for Defendant, John Barricklow 2Gt~ AUK' 30 PM Z: ~ I CUMBERLAND COt1NTY PENNSYLVANIA DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION NO. 11-7290 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE ~fl0922 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009 Defendant, John Bamcklow, certifies that (1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto mailed to all counsel on August 24, 2012; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this (3) Plaintiff s attorney, Robert F. Claraval, Esquire, advised me via faxed letter dated August 2012, that he has no objection to the Subpoenas and is waiving the remainder of the 20-day notice provi we provide him with a copy of any and all documents received from the subpoenas. A copy of Attor Claraval's faxed cover sheet and letter are attached for your reference; and (4) the Subpoenas which will be served are identical to the Sub as which are attached to Notice of Intent to Serve the Subpoenas. THOMAS & HAFER, LLP HUG 'NEILL, III, ESQUIRE LD. 86 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7629 Date: ~pl %~ ATTORNEY FOR DEFENDANT, JOHN BARRICKLOW 08/27/2012 MON 14:19 FAX 12081i1t'1 I'. C'LARA\~AI. i11AR1' A!v\ I:I':~N1:[)1' CI.AIt,~\AI, DATE: August 27, 2012 Cla,~aval & Cla~aval Attorneys at Law >I)(l ?x'01277 i "I'I ilRl) STItl31.i"I', 2"'' I'LOOh 131RIZ1513UR(i, i'n 17101 tr u'rr. clnrurirl/uu•. cram Tiilail'IiOt;G (7i7) 233.4780 P.4X (?17j 233-5030 FACSIl1IILE TRANSMITTAL TO: Hugh P. O'Neill, III, Esq. Thomas, Thomas & Hafer FAX 1-{717)-237-7105 FROM: Rr~bert F. Claraval, Esq. Re: St>l~mpf v. Barricklow Docket No. 1 i-7290 Civi[ This transmittal contains , page(s) (excluding this cover page). Ifyot~:~ do not receive all pages, please contact this office r'nzmediately. f~bol/ooz f.of!IS.i.:v)~lil: t1959-199r)' :11)f:f:IZ ~t Ci..~~~~1V:1L (19i~1-2(1 Nj 08/27/2012 MON 14:20 FAX ~ ,~ry.H.1~~.1.3'.I..!'$..7., r1,P.A~<.1JY9.,~,~ 6.X. .E.~'l.~{,!`~~1.l.l,t' ~R ---- --- --- - - - - :1 ? r ~ t t i '; ti l r t it I ~doz/oo2 Strijet Address: 3{i5 NonN Frunt Street, liurrisburo PA 17101 A4atlifig Adclress: I'.O. [30~ 999, Harrisi~ur .j VA 17108 Ph<au 717.2,17.710{) Fos: 717.237.7105 Hugh I'. O'N gill (?1?12Jj-i ?9 ho)teill:?i~tth/nrr.c ~m August 24, 2012 Robert F. Claraval, Esquire Claraval &Claraval SUU North Third Street, 2nd Floor Harrisburg, PA 1 '71 U ] Re: Stumpf v. Barricklo~' Docket No.: 11-7290 TT~H Fiie No.: 236-11948 Dear Mr. Claraval: Enclosed is a Notice of Intent to issue subpoenas for updated medical retards to the following medical providers of Debra Stumpf: present); J . Orthopedic lnstitute oi' Pennsylvania/Steven B. Wolf.. M.D. (November J , 20 J J to 2. Susquehanna Valley Pain Management (August J.. 2UJ J to present): and ~. Supriyo Ghosh, M.D./Azizkhan Internal Medicine (November 1, 20l 1 to present) If you have no objection to the proposed subpoenas and would be willing to waive the remainder of the 20 day notice so that we can e~:pedite receipt of these records, please let me knav I would like to receive these updated records in advance of Ms. Stumpf s deposition currently scheduled for September 24, 2012. Thank you for you anticipated cooperation. Very trul}~ yours, THOM THO '& HAFER, LLP i -Iugh P. eill, III HPO/kik:l 022042.9 Enclosure cc: John A. Stotler, Esquire (w/enc}osure) 02 U ~~~ S U,Jp~J~ t 1 ~nYtS )' ~. .y, 1: -~t - hl .ta.;; y.-:i?! a'j,; lf~ r 1i~E.~ ~'rtlii r?, h'~ F9.:rrisi:~;ng F3c h,et=. f-itis.nn~,l: 'I:~.a<3htl:hia l.: r., i. r~ .. ..~:1'r,;.l~, ,:~v:.f.il td::a•.coi7~, Peter Speaker. Esquire Attorney LD. 42534 Hugh P O'Neill. III. Esquire Attorney LD. 69986 305 North Front Street P.O. Box 999 Harrisburg. PA 17108 (717j25~-7629 Attorneys for Defendant John Barricklo~~ DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 11-7290=~ JURY TRIAL DEMANDED NOTICE OF INTENT fiO:SERVE SUBPOENAS TO ;PRODUCE DOCUMENTS AND THINGS. FOR DISCOVF~R1'PURSUA'NT TO-RDI:E 4009:21 TO: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Defendant, John Barriclclow, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record acid serve upon the undersigned an objection to the subpoenas. If no objection i5 made, the subpoenas may be served. Date: TH HAFER, LLP HUSH P. ~ ILL, ESQUIRE I.D. 69986 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 171.08-0999 (717) 255-7629 ATTORNEY FOR DEFENDANT, JOHN BARRICKLOW DEBRA STUMPF and WARREN STUMPF; wife and husband, Plaintiffs v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants 11\T THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION N0. 1 l -7290 .NRY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodia~~ of Records, Orthopedic Institute of Peimsylvania 3399 Trindle Road, Camp Hill, PA 17011 Within twent}~ (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: An,~and all medical records resorts treatment notes. correspondence. diagnostic studies, radiology films or digital copies on CD testing results ~hysical therapy records bills insurance forms medication/prescription information including records of any other medical providers contained within amour file as well as any and all such items that may be stored in a computer database or gtherwise in electronic form relating to the care and treatment of Debra L. Stumpf d/o/b: 1 /l 9/64, 87 Greenwood Circle Wormleysburg PA 17043 from November 1, 20l 1. to present at Thomas Thomas & Hafer LLP 305 N Front St. P.O. Boa 999, Harrisburg, PA l 7] OS-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the part} serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Hugh P. O'Neill, Esquire ADDRESS: P.O. Boa 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7629 SUPREME COURT ID#: 69986 ATTORNEY FOR: Defendant Barricklow DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PA CIVIL ACTION NO. 1 l -7290 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Supriyo Ghosh, M.D., Azizkhan Internal Medicine 888 Poplar Church Road, Camp Hill, PA 1701 l Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or- things: Any.and all medical records reports treatment notes correspondence, diagnostic studies, radiolo~~ films or digital copies on CD or DVD testing results physical therapy records bills insurance forms, medication~rescription information including records of any other medical providers contained within fur file as well as any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Debra L. Stumpf d/o/b: l /19/64, 87 Greenwood Circle WonrtleysburgrPA ] 7043 from November 1, 2011, to yresent. at• Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Boa 999, Han•isbure„ PA ] 7l 08-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Hugh P. O'Neill, Esquire ADDRESS: P.O. Boa 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7629 SUPREME COURT ID#: 69986 ATTORNEY FOR: Defendant Barricklow BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy r DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs v. ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PA CNIL ACTION N0. l l -7290 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUME)\'TS OR THIlVGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Management 3 Walnut Street, Suite 100, Lemoyne, PA 17043-] ] 68 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Amy and all medical records reports treatment notes. correspondence diagnostic studies. radiology films or digital copies on CD testing results physical therapy records, bills. insurance forms, medication/prescription information including records of any other medical providers contained within your file as well as any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Debra L. Stumpf d/o/b: 1/19/64. 87 Greenwood Circle Wormleysbu~. PA 17043. from August 1, 2011. to present. at Thomas Thomas & Hafer LLP. 305 N. Front St.. P.O. Boa 999.. Harrisburg. PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Hugh P. O'Neill, Esquire ADDRESS: P.O. Boa 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7629 SUPREME COURT 1D#: 69986 ATTORNEY FOR: Defendant Barricklow BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy T_ <CERTIFICATExOF SERVICE I, KATHY J. KUHN, an employee of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOEI\'AS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert F. Claraval, Esq. Claraval cC Claraval 500 North Third Street, 2"d Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 3 O 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co Defendant Erie Insurance Exchange THOMAS, THOMAS & HAFER, LLP ~ ~ -~ HY J. , P RALEGAL Date: ~'O~ 7 'l 1022023.2 CERTIFICATE OF .SERVICE I, Kathy J. Kuhn, an employee of the law fum of THOMAS, THOMAS, HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsy addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co-Defendant Erie Insurance Exchange THOMAS, THOMAS & HAFER, LLP 1 y J. I arale al Date: ~-~~- ~/~1 _ _ ~~~~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the n Argument Court.) ~ `= .., .: _ CAPTION OF CASE ~ ~-°`" _ (entire caption must be stated in full) .~.:. ~"~ '"_"' --:i --ca Debra Stumpf and Warren Stumpf, Wife and Husband ..7 ='~ 4._, ~, :~, ~ .. vs. ~~ ~;,, Erie Ins. Exchange and John Barricklow No. 2011 7290 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PlainBH's Preliminary ObJec6ons to Defendant Barricklow's Amended New Maher 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert F. Claraval, Esq., 500 N. Third St., 2nd Floor, Harrisburg, PA 17101 (Name and Address) (b) for defendants: Hugh P. O'Neill, Esq., P.O. Box 999, Harrisburg, PA 17108 (Atty for Barricklow) (Name and Address) John A. Statler, Esq., 301 Market Street, Lemoyne, PA 17043 (Atty for Erie) 3. I will notify all parties in writing within two days that this case has been listed for argument. yes 4. Argument Court Date: December 21, 2012 `Robe>r~ ~ C \aKaual. ~.~ Print your name Debra and Warren Stumpf Attorney for Date: ~ ~ INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. a C~ )~, g ~ ~~ a~3 o a OF l'f� IL RO:TE�f��E� ,, Peter Speaker,Esquire Q TA� t Attorney I.D.42834 2013 11 Y -3 Hugh P.O'Neill,II1,Esquire Attorney I.D.69986 CUhf BERL A ND P.O. ox 999 nt Street P�R��YL VA NIA T Y Harrisburg,PA 17108 (717)255-7629 Attorneys for Defendant,John Barricklow -DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF,wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 1.1-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant,John Barricklow,certifies that (1) a Notice of Intent to Serve a Subpoena with a copy of the Subpoena attached thereto was mailed to all counsel on May 2,2013, (2) a copy of the Notice of Intent,including the proposed Subpoena,is attached to this Certificate; (3) Plaintiff's attorney,Robert F. Claraval,Esquire,advised me via letter dated April 29,2013 that he has no objection to the Subpoena and waives the 20-day notice period. A copy of Attorney Claraval's letter is attached for your reference;and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. THOMAS, ) HAFER,LLP HUdh P.O' EILL,.III,ESQUIRE I.D.69986 305 NORTH FRONT STREET P.O.BOX 999 HARRISBURG,PA 17108-0999 (717)255-7629 Date: I ''� ATTORNEY FOR DEFENDANT, ,/ JOHN BARRICKLOW Claraval & Claraval Attorneys at Law 500 NORTH THIRD STREET,2`a FLOOR LOUIS J.ADLER ROBERT F.CLARAVAL HARRISBURG,PA 17101 (1959-1999) Email:rfclaw @comcast.net www.claravallaw.com MARY ANN KENNEDY CLARAVAL TELEPHONE ADLER&CLARAVAL Email:maryannpsu@comcast.net (717)233-4780 (1974-2000) FAX(717)233-5830 April 29, 2013 Hugh P. O'Neill, Esq. Thomas, Thomas&Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Re: Debra and Warren Stumpf v. Erie Insurance and John Barricklow No. 2011 CV 7290 CV Dear Mr. O'Neill: I have previously provided executed authorization forms for you to obtain out-of-state facility records as well as OIP records as executed authorizations are required for the facilities to release medical records. However, for your April 24, 2013 request for an executed authorization to obtain Central Pa Rehabilitation Services records;I would rather a subpoena be issued. Accordingly,I will Watve the 20-day objecti6n for the.subpodna.to obtain CPRS records. Sinc rel ROBERT F. CLA VAL RFC:mkz cc: John A. Statler, Esq. Peter Speaker,Esquire Attorney I.D.42834 Hugh P.O'Neill,111,Esquire Attorney I.D.69986 305 North Front Street P.O.Box 999 Harrisburg,PA 17108 (717)255-7629 Attorneys for Defendant John Barricklow DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Robert F. Claraval,Esquire Claraval & Claraval 500 North Third Street,2nd Floor Harrisburg, PA 17101 Defendant, John Barricklow, intends to serve a subpoena identical to the one that is 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. THOMAS &HAFEIRR,LLP "o HUdH P. 6,NOLL,ESQUIRE I.D.69986 305 NORTH FRONT STREET P.O.BOX 999 HARRISBURG,PA 17108-0999 (717)255-7629 ATTORNEY FOR DEFENDANT, JOHN BARRICKLOW Date: DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY,PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Central PA Rehabilitation Services 3916 Trindle Road,Camp Hill,PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, correspondence, diagnostic studies, radiology films or digital copies on CD or DVD, testing results, physical therapy records, bills, insurance forms, medication/prescription information, including records of any other medical providers contained within your file, as well as any and all such items that may be stored in a computer database or otherwise in electronic form, relating to the care and treatment of Debra L. Stumpf d/o/b: 1/19/64, 87 Greenwood Circle, Wormleysburg, PA 17043 from January 1,2012 to present. at Thomas,Thomas& Hafer,LLP, 305 N. Front St.,P.O. Box 999,Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena' within twenty (20) days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Hugh P. O'Neill, Esquire ADDRESS: P.O. Box 999,305 N. Front Street,Harrisburg,PA 17108-0999 TELEPHONE: (717)255-7629 SUPREME COURT ID#: 69986 ATTORNEY FOR: Defendant Barricklow BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Division Deputy CERTIFICATE OF SERVICE I, KATHY J. KUHN, an employee of the law firm of THOMAS, THOMAS,& HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s),by depositing the same in the United States Mail,postage prepaid,at Harrisburg,Pennsylvania addressed as follows: Robert F. Claraval,Esq. Claraval &Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson,Duffie, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co Defendant Erie Insurance Exchange THOMAS,THOMAS & HAFER,LLP AWAAAI�' THY J N,VARALEGAL Date: 1022023.3 1 CERTIFICATE OF SERVICE I, Kathy J. Kuhn, an employee of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE; TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co-Defendant Erie Insurance Exchange THOMAS,THOMAS &HAFER,LLP r athy J.ju4araieoi Date: a J? Peter Speaker,Esquire , Attorney I.D.42834 Hugh P.O'Neill,III,Esquire Attorney I.D.69986 `"�� t i t co uio .. 305 North Front Street Lw5 a 1 E P.O.Box 999 L V r1 Harrisburg,PA 17108 (717)255-7629 Attorneys for Defendant,John Barricklow DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF,wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.2.2, Defendant,John Barricklow,certifies that (1) a Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed to all counsel on August 16, 2013, (2) a copy of the Notice of Intent,including the proposed Subpoenas, is attached to this Certificate; (3) Plaintiffs attorney, Robert F. Claraval, Esquire, advised me via fax dated August 19, 2013 that he has no objection to the Subpoenas and waives the 20-day notice period. A copy of Attorney Claraval's fax is attached for your reference; and (4) the Subpoenas which will be served are identical to the Subpo s which are attached to the Notice of Intent to Serve the Subpoenas. THOMAS, S&HAFER,LLP HUG P. LL,III,ESQUIRE I.D. 69986 305 NORTH FRONT STREET P.O.BOX 999 HARRISBURG,PA 17108-0999 (717)255-7629 Date: ,-, ATTORNEY FOR DEFENDANT, cJ ( JOHN BARRICKLOW 08/19/2013 MON 16: 16 FAX 7172335830 CLARAVAL ry CLARAVAL 12001/002 Claraval & Claraval Attorneys at Law 500 NORTH THIRD STREET,2-FLOOR LOUIS J,ADLER ROBERT F,CLARAVAL HARRISBURG,PA 17101 (1959-1999) Email!rklawCcomcast.net www.daravallaw.com MARY ANN KENNEDY CLARAVAL TELEPHONE ADLER&CLARAVAL Email:m arp nnpsuacom cast.net (717)233•4700 (1974-2000) FAX(717)233-5830 FACSIMILE TRANSMITTAL DATE; August 19, 2013 TO: Hugh P. 0 IN414 III, Esq. FAX 1-(717)-237-7105 FROM Robert F Claraval, Esq, Re: Stumpf v. Barricklow No. 11-7290 This transmittal contains page(q) (excluding this cover page). If do not receive all pages,please contact this office immediately. 08/19/2013 MON 16: 16 FAX 7172335830 CLARAVAL & CLARAVAL Strert Addrcss; T6!H THOMAS, THOMAS & HAFERLLP 30iiiorgir),ont.%ticct,tiarrisVurg,PA 17101 Mailing Address; Attorneys At Law P,O.Box 999.Harrisburg.PA 17108 Phone 711,237.7100 rax: 717,237,7105 Hugh A OW011 (717)255-7629 honedlAtthlaw.com August 16,2013 Robert F, Claraval, Esquire Claraval & Claraval 500 North Third Street 2nd Floor Harrisburg,PA 17101 Re: Stumpf Y.Barricklow Docket No.: 11-7290 TT&H File No.: 236-11948 Dear Mr. Claraval: The updated records from Central Pennsylvania Rehabilitation Services indicated that Debra Stumpf has received at least two steroid injections in 2013. 1 would like to obtain updated records from Susquehanna Valley Pain Management as well as Ms. Stumpf s fan-lily physician. Enclosed is a Notice of Intent to Subpoena records from: I Susquehanna Valley Pain Management updated records from September 1, 2012 to present; and 2. Azizkhan Internal Medicine records from October 1, 2012 to present. If you have no objection and would be willing to waive the remainder of the 20-day notice, please advise me in writing. Thank you for your anticipated cooperation. Very truly yours, THOM &'H'AFER, LLP Neill,III 911/9 �3 HPO/kJk:1022042.18 eA Enclosure cc: John A, Statler,Esquire(w/enclosure) Harrisburg Bethlehem Plttsburgh Pniladeiph Wilkes-Barre Bah<ore, MD Clinton, NJ wwwAthlaw,c" Peter Speaker, Esquire Attorney I.D.42834 Flugh P.O'Neill, III, Esquire Attorney I.D.69986 305 North Front Street P.O. Box 999 Harrisburg,PA 17108 (717)255-7629 Attorneys for Defendant John Barricklow DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. : NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2"d Floor Harrisburg, PA 17101 Defendant, John Barricklow, intends to serve Subpoenas identical to the ones that are 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 Subpoenas. If no objection is made, the Subpoenas may be served. THOMAS AS & HAFER,LLP HUCRP. O'NEILL, ESQUIRE I.D. 69986 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7629 ATTORNEY FOR DEFENDANT, JOHN BARRICKLOW Date: DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Management 3 Walnut Street, Suite 100, Lemoyne, PA 17043-1168 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, correspondence diagnostic studies radiology films or digital copies on CD testing results physical therapy records bills insurance forms medication/prescription information, including records of any other medical providers contained within Your file, as well as any and all such items that may be stored in a computer database or otherwise in electronic form, relating to the care and treatment of Debra L Stumpf d/o/b• 1/19/64 87 Greenwood Circle, Wormleysburg, PA 17043 from September 1,2012 to present. at Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999 Harrisburg PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Hugh P. O'Neill, Esquire ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717)255-7629 SUPREME COURT ID#: 69986 ATTORNEY FOR: Defendant Barricklow BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy DEBRA STUMPF and IN THE COURT OF COMMON PLEAS WARREN STUMPF, wife and husband, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION V. NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Supriyo Ghosh, M.D., Azizkhan Internal Medicine 888 Poplar Church Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records reports treatment notes correspondence diagnostic studies radiology films or digital copies on CD or DVD testing results physical therapy records bills insurance forms medication/prescription information, including records of any other medical providers contained within your file, as well as any and all such items that may be stored in a computer database or otherwise in electronic form, relating to the care and treatment of Debra L Stumpf d/o/b• 1/19/64 87 Greenwood Circle Wormle sburg PA 17043 from October 1 2012 to present at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999 Harrisburg PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Hugh P. O'Neill, Esquire ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7629 SUPREME COURT ID#: 69986 ATTORNEY FOR: Defendant Barricklow BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, ROSA B. KULP, an employee of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2"d Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Co-Defendant Erie Insurance Exchange THOMAS,THOMAS & HAFER, LLP ROSA B. KU LP Date: 1022023. CERTIFICATE OF SERVICE 1, Kathy J. Kuhn, an employee of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Robert F. Claraval,Esq. Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Attorney for Plaintiffs John A. Statler, Esquire Johnson, Duffie, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney far Co-Defendant Erie Insurance Exchange THOMAS,THOMAS &HAFER,LLP t J Y�A Y. athy J. xh� Para ,gal Date: r -'� 1 F I .t l c PI Robert F.Claraval,Esq. ; 1"• < r 7 I CLARAVAL&CLARAVAL f3 �hL,: No 500 North Third Street,2"d Floor L �, S Y! VA NIA y Harrisburg,PA 17101 717-233-4780 Attorney ID#19222 Attorneys for Plaintiff DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF, wife and husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2011-7290 CIVIL • ERIE INSURANCE EXCHANGE and • JOHN BARRICKLOW, Defendants : CIVIL ACTION- LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies the following: (1) A Notice of Intent to serve a subpoena,with a copy of the subpoena attached thereto, were mailed,or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. Respectfully submitted, CLARAVAL & C ARAB /-`1111� Date: 1 t 10, 0 3 B� ROBERT F. CL• I' • VAL, ESQ. Claraval & Clara :1 500 North Third Street, 2nd Floor Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff Robert F.Claraval,Esquire CLARAVAL&CLARAVAL 500 North Third Street,2'd Floor Harrisburg,PA 17101 717-233-4780 Attorney ID#19222 Attorneys for Plaintiff DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF,wife and husband, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs • v. : NO. 2011-7290 CIVIL • ERIE INSURANCE EXCHANGE and • JOHN BARRICKLOW, • Defendants : CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.1 Plaintiff,Debra Stumpf intends to serve a subpoena to Verizon Wireless identical to the ones that are attached to this Notice. You have twenty(20)days from the date of this Notice 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. Respectfully submitted, CLARAVAL&CLARAVAL Date: B ,0 — ROB'T F. CL• ' • VAL Claraval&Claray. 500 North Third Street,2nd Floor Harrisburg, PA 17101 (717)233-4780 Supreme Court 1.D. #19222 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA STUMPF and WARREN STUMPF Plaintiff . File No.20114290 CIVIL VS. • ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Verizon Wireless (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: ALL RECORDS IDENTIFIED IN THE ATTACHED ADDENDUM TO SUBPOENA at 500 North Third Street, 2nd Floor; Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Robert F.Claraval,Esq. ADDRESS: 500 Nadi Third Street,2nd Floor Harrisburg,PA 17101 TELEPHONE: (717)233.4780 SUPREME COURT ID# 19222 ATTORNEY FOR: Debts Stumpf and Warren Stumpf BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy Robert F.Claraval,Esquire CLARAVAL&CLARAVAL 500 North Third Street,2ad Floor Harrisburg,PA 17101 717-233-4780 Attorney ID#19222 Attorneys for Plaintiff DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF,wife and husband, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. : NO. 2011-7290 CIVIL • ERIE INSURANCE EXCHANGE and • JOHN BARRICKLOW, Defendants : CIVIL ACTION-LAW ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ADDRESSED TO VERIZON WIRELESS Please provide a listing of all incoming and outgoing phone calls,text messages and internet usage for the time period of January 23, 2010 from 1:30 p.m. to 4:30 p.m. for all accounts registered to the individual identified below: Owner: John Barricklow Address: 123 Fairway Drive; Dillsburg,PA 17019 Phone Number: (717)-418-0580 DOB: November 17, 1960 • DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF, wife and husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2011-7290 CIVIL • ERIE INSURANCE EXCHANGE and • JOHN BARRICKLOW, Defendants : CIVIL ACTION- LAW CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Plaintiffs Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Plaintiff's Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by first class mail, postage prepaid, addressed to the following person(s): Hugh P. O'Neill, Esq. Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John A. Statler, Esq. Johnson Duffle 301 Market Street Lemoyne, PA 17043 CLARAVAL& CLARAVAL Date: \\ 1 ),0 I \3 By MARY K. Z. L pi 2014 j 4�..7 Robert F.Claraval,Esq. Cuit,40 PA 2: CLARAVAL&CLARAVAL pE 'L AD CQ 500 North Third Street,2nd Floor N$YLV UNTY Harrisburg,PA 17101 A N1A 717-233-4780 Attorney ID#19222 Attorneys for Plaintiff DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF, wife and husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2011-7290 CIVIL ERIE INSURANCE EXCHANGE and • JOHN BARRICKLOW, • Defendants : CIVIL ACTION - LAW CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies the following: (1) A Notice of Intent to serve a subpoena,with a copy of the subpoena attached thereto, were mailed,or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. Respectfully submitted, CLARAVAL& CLA Date: 40, By/ *S441Pr ROBER F. CLARAVAL, ESQ. Claraval & Claraval 500 North Third Street, rd Floor Harrisburg, PA 17101 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff • Robert F.Claraval,Esquire CLARAVAL&CLARAVAL 500 North Third Street,2'Floor Harrisburg,PA 17101 717-233-4780 Attorney ID#19222 Attorneys for Plaintiff DEBRA STUMPF and :IN THE COURT OF COMMON PLEAS OF WARREN STUMPF,wife and husband, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. : NO. 2011-7290 CIVIL ERIE INSURANCE EXCHANGE and JOHN BARR1CKLOW, Defendants : CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.1 Plaintiff, Debra Stumpf intends to serve a subpoena to Ceilco Partnership d/b/a Verizon Wireless identical to the one that is attached to this Notice. You have twenty(20)days from the date of this Notice 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. Respectfully submitted, CL — L&C ' 440e1OP 1:4010Ar iik if* Date: 17 14/13 ROBER ' CL VAL Claraval &Clarava 500 North Third Stre-t,2"d Floor Harrisburg,PA 17101 (717)233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA STUMPF and WARREN STUMPF Plaintiff : File Ne.2011-7290 CIVIL• VS. • ERIE INSURANCE EXCHANGE and JOHN BARRIOCLOW : Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO* Cellco Partnership d/b/a Verizon Wireless (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: ALL RECORDS IDENTIFIED IN THE ATTACHED ADDENDUM TO SUBPOENA at 500 North Third Street, 2nd Floor, Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Rob F.aaaval,Esq. ADDRESS: soo martini Sam.Zed Fba Ha isbm .PA 17101 TELEPHONE: CM)233-47$0 SUPREME COURT ID is 1932 ATTORNEY FOR: Deka*wag old wan=stung BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy Robert F.Claraval,Esquire CLARAVAL&CLARAVAL 500 North Third Street,2°d Floor Harrisburg,PA 17101 717-233-4780 Attorney ID#19222 Attorneys for Plaintiff DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF,wife and husband, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs • v. : NO.2011-7290 CIVIL • ERIE INSURANCE EXCHANGE and . • JOHN BARRICKLOW, Defendants : CIVIL ACTION-LAW ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ADDRESSED TO CELLCO PARTNERSHIP DB/A VERIZON WIRELESS Please provide a listing of all incoming and outgoing phone calls,text messages and Internet usage for the time period of January 23, 2010 from 1:30 p.m. to 4:30 p.m. for all accounts registered to the individual identified below: Owner: John Barricklow Address: 123 Fairway Drive;Dillsburg,PA 17019 Phone Number: (717)-418-0580 DEBRA STUMPF and : IN THE COURT OF COMMON PLEAS OF WARREN STUMPF, wife and husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2011-7290 CIVIL ERIE INSURANCE EXCHANGE and : JOHN BARRICKLOW, Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Plaintiffs Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Plaintiff's Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by first class mail, postage prepaid, addressed to the following person(s): Hugh P. O'Neill, Esq. Peter J. Speaker, Esq. Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John A. Statler, Esq. Johnson Duffle 301 Market Street Lemoyne, PA 17043 CLARAVAL& CLARAVAL Date: \ 13 1 By MARY K. fl Z CERTIFICATEu �, 4 PREREQUISITE TO SERVICE OF A SUBPOEPC ''3 NN RLAUC�SYLVANI�� A� , E PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas-Cumberland County,PA DEBRA STUMPF&WARREN STUMPF,H/W vs. TERM: ERIE INSURANCE EXCHANGE,ET AL CASE No: 2011-7290-CIVIL • As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. • RecordTrak on behalf of JOHN STATLER Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, • (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. b • . Date : 02/14/2014 RecordTrak on behalf of /S/JOHN STATLER Attorney for Defendant • • • . RT#: 262066 RECORDS PERTAIN TO: DEBRA STUMPF DEBRA STUMPF&WARREN STUMPF, : COURT: Court Of Common Pleas-Cumberland County,Pa H/W vs. • TERM: ERIE INSURANCE EXCHANGE,ET AL : DOCKET: 2011-7290-CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: HUGH O'NEILL,III THOMAS,THOMAS&HAFER 305 NORTH FRONT STREET HARRISBURG,PA 17101 (717)237-7105 January 27, 2014 Please take notice that on behalf of JOHN STATLER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s)attached to this notice. You have until February 18, 2014 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made,the subpoena(s)will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD,PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS,PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY February 18,2014 TO(610)992-1405. All records will be provided(including no record statements)as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O.Box 61591 • King of Prussia,PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN MATERIALS BEING OBTAINED • 2 SUSQUEHANNA VALLEY 1 .ANY AND ALL MEDICAL RECORDS,INCLUDING CORRESPONDENCE, • PAIN MANAGEMENT RADIOLOGY REPORTS,TEST RESULTS AND MEDICAL RECORDS FROM OTHER • • • PROVIDERS FROM 6/1/12 TO THE PRESENT 2.ANY AND ALL RADIOLOGY CD'S/FILMS AND REPORTS FROM 6/1/12 TO THE PRESENT ' Yes, I would like a copy of all of the records listed above. • •n _Yes, I would like specific records I have indicated above. •n SIGNATURE: Date: • FIRM: YES,I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE . • • ,'• , Signature of Plaintiff's Counsel: Date: • FIRM: EMAIL: RT#: 262066 RECORDS PERTAIN TO: DEBRA STUMPF DEBRA STUMPF&WARREN STUMPF, : COURT: Court Of Common Pleas-Cumberland County,Pa H/W vs. • TERM: ERIE INSURANCE EXCHANGE,ET AL • DOCKET: 2011-7290-CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: ROBERT CLARAVAL CLARAVAL&CLARAVAL 500 NORTH THIRD ST 2ND FL HARRISBURG,PA 17101 (717)233-5830 January 27,2014 Please take notice that on behalf of JOHN STATLER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s)attached to this notice. You have until February 18, 2014 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made,the subpoena(s)will be served. • IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD,PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. . • IF YOU WISH TO PURCHASE COPIES OF THE RECORDS,PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY February 18,2014 TO(610)992-1405. All records will be provided(including no record statements)as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia,PA 19406 - LIST OF RECORD CUSTODIANS AND SUBPOENAS . . TAG RECORD CUSTODIAN MATERIALS BEING OBTAINED 2 SUSQUEHANNA VALLEY 1 .ANY AND ALL MEDICAL RECORDS,INCLUDING CORRESPONDENCE, PAIN MANAGEMENT RADIOLOGY REPORTS,TEST RESULTS AND MEDICAL RECORDS FROM OTHER PROVIDERS FROM 6/1/12 TO THE PRESENT 2.ANY AND ALL RADIOLOGY • • CD'S/FILMS AND REPORTS FROM 6/1/12 TO THE PRESENT '• Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. " -• SIGNATURE: Date: FIRM: _YES,I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: RT: 262066.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA STUMPF&WARREN STUMPF,HIW V. ERIE INSURANCE EXCHANGE,ET AL File No:2011-7290-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 " TO:SUSQUEHANNA VALLEY PAIN MANAGEMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena,you are ordered by the Court to produce the following documents or things: • ; See attached rider. at • 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoetu together with the certificate of compliance,to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. • If you fail to produce the documents or things required by this subpoena within twenty(20)days afte its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ' • Name:RecordTrak,7O11N STATLER -Address: 651 651 Allendale Road King of Prussia PA 19406 , Telephone: (80 1r22R,I79j BY THE COURT: Supreme Court ;_ ,__ .- • • Attorney for. lt''_ -,� t - 1 •♦°`�•�:! `�" • _ Prothonotary DATE: _ ' ' 5 e.....„-#14.44..a....e 0, 4 Scab of the Court e � ♦ f Z RE:DEBRA STUMPF&WARREN STUMPF,H/W vs. ERIE INSURANCE EXCHANGE,ET AL CASE NO. 2011-7290-CIVIL RECORDTRAK FILE#: 262066; TAG 2 LOCATION: SUSQUEHANNA VALLEY PAIN MANAGEMENT RECORDS PERTAIN TO: DEBRA STUMPF SS#: ,DOB: 1 .ANY AND ALL MEDICAL RECORDS,INCLUDING CORRESPONDENCE,RADIOLOGY REPORTS,TEST RESULTS AND MEDICAL RECORDS FROM OTHER PROVIDERS FROM 6/1/12 TO THE PRESENT 2.ANY AND ALL RADIOLOGY CD'S/FILMS AND REPORTS FROM 6/1/12 TO THE PRESENT 1 1 DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2011 -7290 CIVIL ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above action as to Defendant John Barricklow ONLY settled and discontinued. CLARAVAL & CLARAVAL ROBERT F. CLARK,' L Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 (717) 233 -4780 Supreme Court I.D. #19222 Attorneys for Plaintiff av-L- A alLt-k ebcaDvID----\ X3515 Peter Speaker, Esquire Attorney I.D. 42834 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7644 Attorneys for Defendant John Barricklow DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION : NO. 11-7290 ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE AND END as to Defendant, John Barricklow ONLY, was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 26th day of March, 2014, on all counsel of record as follows: Robert F. Claraval, Esq. Claraval & Claraval 500 North Third Street, 2"d F 00T Harrisburg, PA 17101 John A. Statler, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: THOMAS, THOMAS HAFER, LLP ichele A. Koharchec DEBRA STUMPF and WARREN STUMPF, wife and husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2011-7290 CIVIL ERIE INSURANCE EXCHANGE and JOHN BARRICKLOW, Defendants TO THE PROTHONOTARY: Date: : CIVIL ACTION - LAW PRAECIPE Please mark the above captioned action settled and discontinued. CLARAVAL & CLARA VAL C.) CZ rn cn c,h) <CD -z2 CD CD C= = —71 CD Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 (717) 233-4780 Email: rfclaw@comcast.net Supreme Court I.D. #19222 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the Praecipe to Settle, Discontinue and End upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 22nd day of May, 2014, addressed to the following: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statle , ire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange