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HomeMy WebLinkAbout12-2280 r- ??NJ David H Rosenberg (PA 20569) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. (717) 238-2000 Fax (717) 233-3029 rosenberg@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN VANDEGRIFT, V. Plaintiff, NO.: la - aa8o MILLARD McKENNON, III, KANDEL McKENNON, and ERIE INSURANCE EXCHANGE t/d/b/a ERIE INSURANCE and THE ERIE, Defendants. CIVIL ACTION - LAW PETMON MGM= TO ENFORCE SETTLEMENT CiviiTerol Plaintiff, John Vandegrift, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, and hereby moves this court to enforce the settlement between the above-captioned parties for the following reasons: 1. Plaintiff, John Vandegrift ("Mr. Vandegrift"), is an adult individual currently residing at 188 North Reamstown Road, Denver, Lancaster County, Pennsylvania. F:\WP Directories\DCB\Motions & Petitions\Vandegrift, John - Petition to Enforce.docx 1o3.175 PQ A77-f ,??a73c?3y 2. Defendant, Millard McKennon, III ("Mr. McKennon"), is, upon information and belief, an adult individual with a last known address of 631 East Main Street, Lititz, Lancaster County, Pennsylvania. 3. Defendant, Kandel McKennon ("Mrs. McKennon"), is an adult individual with a last known address of 631 East Main Street, Lititz, Lancaster County, Pennsylvania. 4. Defendant, Erie Insurance Exchange t/b/d/a Erie Insurance and The Erie ("Erie") is a corporation engaged in the automobile insurance business with offices located at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. This motion is the result of a settlement of a bodily injury claim held by Mr. Vandegrift against Mr. and Mrs. McKennon, that arose out of a rear-end collision on April 2, 2010 in Lancaster, Pennsylvania. 6. At all times material hereto, Mr. and Mrs. McKennon were insured by Erie. 7. On February 20, 2012, Plaintiffs counsel reached a settlement of Mr. Vandegrift's claim with Ashley Alleman an adjuster for Erie, via telephone, in consideration of $35,000. Payment would be tendered upon Erie's receipt of an executed release. 8. Subsequent to the telephone conversation, Plaintiffs counsel received email correspondence, dated February 20, 2012, from Erie, a copy of the text of which is attached hereto and made part hereof as Exhibit A. 9. The email correspondence, dated February 20, 2012, after the acceptance of the settlement, was written by Ashley Alleman , Erie's Adjuster, and relayed the following, inter alia: 2 I neglected to mention in our phone conversation that Erie requires the Consent to Settle and the final lien amount before we can issue a release. It is also Erie's guidelines to issue two settlement checks upon receipt of release, one to fulfill the Medicare lien and the other to you and your client. [emphasis added] 10. Further, Erie refused to forward a release for Mr. Vandegrift's signature until a final demand for the Medicare subrogation lien was received by Erie. 11. On or about February 22, 2012, Plaintiffs counsel responded to Erie's email by mail correspondence, advising Erie that its position was in clear contradiction to the laws of the Commonwealth of Pennsylvania. A copy of said mail correspondence is attached hereto and made a part hereof as Exhibit B. 12. Erie responded, via mail correspondence dated February 27, 2012, that it was providing a release to be executed by Mr. Vandegrift, but that Erie would not disburse funds unless and until it received a final demand letter from Medicare. A copy of said correspondence is attached hereto and made part hereof as Exhibit C. 13. The February 27, 2012 letter contained a copy of Erie's release. 14. The release was drafted by Erie and included, inter alia, the following language: I/We further understand and agree that this Release is inclusive of any and all present and future liens or claims of subrogation against the payments to be made in accordance with this Release. I/we understand and agree that I/we are responsible for the payment of any liens or charges against the payments to be made hereunder should any such liens, subrogation, claims or claims for expenses and charges be asserted. This includes, but is not limited to, medical expense liens, worker's [sic] compensation liens, ERISA liens, liens asserted by any federal, state or local governmental entity or agency or any medical expense claim. Should any person or entity make claim for payment of any liens or charges against The ERIE or their counsel, Itwe agree to indemnify and hold harmless The ERIE 3 and their counsel from any and all such liens, charges, fees, claims, attorney fees, costs, interests and any other sum. [emphasis added] The entire release is attached hereto, and made part hereof as Exhibit D. 15. Plaintiffs counsel accordingly returned a signed copy of the release to Erie, via fax and mail correspondence dated March 6, 2012. A copy of said correspondence is attached hereto and made part hereof as Exhibit E. 16. Plaintiffs counsel made it unequivocally clear that the signing of the release and returning thereof is under the express understanding that upon receipt, payment will be made in accordance with the terms of the settlement, as agreed during the telephone conversation on February 20, 2012. 17. Erie has been allowed a reasonable amount of time to comply with the settlement agreement and to date has not. 18. Erie has been contacted regarding this motion, and does not concur. 19. As of the date of filing of this Motion, notwithstanding the aforementioned documents and explanations provided to Erie, Defendants have failed and/or refused to provide the settlement checks as mandated under Pa.R.C. P. No. 229.1, and more than twenty days have elapsed since the delivery of the general releases to Erie. 20. Pa.R.C.P. No. 229.1, authorizes a party to seek enforcement of a settlement when funds are not delivered within twenty calendar days of receipt of an executed release. 21. Rule 229.1 further provides for sanctions upon failure of timely delivery of settlement funds to include an order compelling payment of the settlement funds, 4 interest calculated at the rate equal to the prime rate listed in the first edition of the Wall Street Journal ("WSJ Prime Rate"), plus one percent, running from the twenty- first day to the date of delivery and reasonable attorneys' fees. 22. The WSJ Prime Rate as of the expatriation of the twenty days to render payment (March 26, 2012) was 3.25%, which makes WSJ Prime plus one percent 4.25%. 23. There is no valid or material dispute as to the terms of the settlement or the release as authored by Erie. 24. Further, Erie insists on paying the settlement by two separate instruments, one addressed to Plaintiff's counsel and Mr. Vandegrift, and the second to Medicare. 25. Erie has been advised that this position is also contrary to the laws of the Commonwealth of Pennsylvania. 26. This method of payment is unacceptable to Plaintiff, was not agreed to, and was not disclosed to Plaintiffs counsel until after the settlement was already reached. 27. Settlement agreements in Pennsylvania are controlled by principles of contract law, and upon agreement of the essential elements a meeting of the minds has been reached. See Mazzella v Koken, 739 A.2d 531 (Pa. 1999); Laser Tech. Inc. v Tyson, 2002 U.S. Dist. LEAS 12261 (E.D. Pa. 2002). 28. Neither Mr. or Mrs. McKennaon nor Erie have any legal standing to attempt to act on behalf of Medicare. 5 29. The statutory scheme established by the Medicare Secondary Payer Act ("MSPA") is not designed to enable private parties to act on behalf of the United States government. Zaleppa v Seiwall, 2010 Pa. Super. LEXIS 3821 (November 17, 2010), citing Stalley v Catholic Health Initiatives, 509 F.3d 517 (8t' Cir. 2007). 30. The Pennsylvania Superior Court declared in Zaleppa, supra., that "as the MSPA bars private entities from filing lawsuits on behalf of the United States government, by extension, we conclude that the MSPA also prohibits private entities from asserting the interests of the United States government in a post-trial motion or any other phase of litigation." 2010 Pa. Super. LEXIS 3821 at 18. 31. Generally, a potential lienholder's right to reimbursement does not ripen until the injured party actually receives compensation from a settlement or verdict. See, Ark. Dept. of Health & Human Serv. v Ahlbom, 547 U.S. 268 at 285 (2006); Pa. Mfrs. Ins. Co. v Wolfe, 626 A.2d 522 (Pa. 1993) (Lienholder's right to subrogation (Workers' Compensation carrier) does not accrue until the injured plaintiff receives compensation from the settlement or verdict.); see also 42 C.F.R. § 411.24 (h) (stating, inter alia, "Reimbursement to Medicare. If the beneficiary or other party receives a primary payment, the beneficiary or other party must reimburse Medicare within 60 days"). 32. In Tomlinson v Landers, 2009 U.S. Dist. (M.D. FL.) LEXIS 38683, the court found that federal law does not mandate that a primary payer (insurer) make payment directly to Medicare and there would be no violation of federal law if a settlement draft did not list Medicare as a payee. 33. Accordingly, given the absence of any factual or legal basis for Erie's after-the-fact attempt to add conditions to the signed release, Erie's knowing and willful s refusal to make payment of the settlement funds, as agreed to by the parties in their February 20, 2012 conversation, is without merit and is contrary to Pennsylvania and Federal law. WHEREFORE, pursuant to Pa.R.C.P No. 229.1, Plaintiff respectfully requests that this Court issue an order compelling Defendants to deliver the settlement check to the office of Plaintiffs counsel within five business days of the date of the Court's order; order Erie to pay interest at the rate of 4.25% on the aforementioned settlement funds from the twenty-first day to the date of delivery of settlement funds; and order Erie to pay attorneys' fees and costs accrued in pursuing this motion. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: ?6 / 1 Y By: David Rosenberg (PA 20569) 130 inglestown Road, Suite 2 Ha isburg, PA 17110 Te. (717) 238-2000 Fax (717) 233-3029 rsenberg@hhrlaw.com Attomeys for Plaintiffs 7 5n ?grift, r. John Case Type: MVA DOI: 4/2/2010 LIM Date: 4/1/2012 Case #: 215547 ( SLN) Class: WHT Assigned: DHR Date Opened: 7/26/2010 4/4/2012 10:18 AM Case Note - Page 174 of 205 Date: 02/20/2012 02:19 PM Staff: DHR Topic: SETTLEMENT/NEGOTIATION From: Alleman, Ashley To: David H Rosenberg, Esquire CC: Subject: RE: Vandegrift, Claim #010171086489 Received: 2/20/2012 1:11:23 PM Dear Mr. Rosenberg, Thank you for the confirmation that your client's first party benefits had exhausted. Please advise if you have obtained the Consent to Settle from Medicare with the final lien amount. I neglected to mention in our phone conversation that Erie requires the Consent to Settle and the final lien amount before we can issue a release. It is also Erie's guidelines to issue two settlement checks upon receipt of release, one to fulfill the Medicare lien and the other to you and your client. Sincerely, Ashley Alleman From: David H Rosenberg, Esquire [mailto:rosenberg@hhrlaw.com] Sent: Monday, February 20, 2012 11:44 AM To: Alleman, Ashley Subject: Vandegrift Ashley Exhaustion information pursuant to your request David H Rosenberg HANDLER HENNING & ROSENBERG LLP 1300 Linglestown Road Harrisburg, PA 17110 717.238.2000 800.422.2224 rosenberg@HHRLaw.com <mailto:rosenberg@HHRLaw.com> www.hhrlaw.com Description: Description: letterhead2 This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by replying to rosenberg@HHRLaw.com tm?il4n mennhernri?tNl-IRI ow nnm-. rlelofinn 4he maccone Thnn4 vnii vent miirh Page 1 of 2 Case Status ? • egrift,'Mr. John Case Type: MVA DOI: 4/2/2010 LIM Date: 4/1/2012 Case #:215547 ( SLN) Class: WHT Assigned: DHR Date Opened: 7/26/2010 4/4/2012 10:18 AM Case Note - Page 174 of 205 ?i i iQUty. vuc? wc?y`w, n 11 \VQYY.NVI11? , uc1cu11y UK-, i ncuuuyc. i 11QU n\ yvu vci y 111uc11. ---------------------------------------- Disclaimer: This message (and any attachments) is confidential and is intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient, I did not intend to waive, and I do not waive, any legal privilege or the confidentiality of the message. If you receive this message in error, please notify me immediately by return e-mail and delete this message from your computer and network without saving it in any manner. The unauthorized use, dissemination, distribution, or reproduction of this message, including attachments, is prohibited and may be unlawful. Page 2 of 2 Attachments: image001.jpg Vandei;-rift, Mr. John Case Type: MVA DOI: 4/2/2010 LIM Date: 4/1/2012 Case x:215547 ( SLN) Class: WHT Assigned: DHR Date Opened: 7/26/2010 4/4/2012 10:19 AM Page 1 of 2 Case Note - Pane 183 of 205 Date: 02/2212012 09:26 AM Staff: TGD Ashley Alleman Erie Insurance 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055 0710 ?Re:?Our Client: ??John Vandegrift ??Your Insured: ?L Kandel McKennon ?c Claim Number: 11010171086489 ? ? Date of Loss:[] ?4/2/2010 Dear Ms. Alleman: Topic: SETTLEMENT/NEGOTIATION I am confirming that we settled Mr. Vandergrift's case for $35,000.00, pursuant to our telephone discussion on Monday, February 20, 2012. I am in receipt of your subsequent Email concerning this matter. You raise several issues that are problematic. First you indicate that you cannot forward the release until we obtain the final lien amount from Medicare. I wish to advise you that before I can reach a settlement with Medicare, they require the final release. Therefore, your request creates an impossibility. In addition to that, we do have a Statute of Limitations in this case. The Statute expires on April 1, 2012; therefore I obviously need the release signed prior to that date. If not, I will have to file suit and Mr. Vandergrift will absorb additional expenses in this case that should be your responsibility. Therefore, I ask that you forward the release to me as soon as possible. I have been in contact with Medicare and I will provide Medicare with the release and final settlement information in order to resolve the case. However, as I indicated to you, I do need that information before they will commence final settlement discussions. Secondly, your other request also creates impossibility. You indicate that you are going to issue two checks in this case. That is unacceptable. First of all, as you pointed out in your correspondence, this was not a term of our settlement and you did not mention it when we settled the case. Also, this matter has been addressed in numerous law suits with Erie Insurance Company. I would like to draw your attention to the case Zaleppa v. Seiwell, et al, a Page 2 Pennsylvania Superior Court Decision on November 17, 2010. In addition to that, I would like to draw your attention to the case of Vincent V. Buck vs. Erie Insurance Company No. 2011-456 in Cambria County in which the Court not only enforced the settlement agreement but also awarded attorney's fees and costs. Therefore, I would ask that you immediately forward the release in this case. I would also ask that once the release is signed that you send me the settlement checks in order that I can resolve the matter with Medicare. I look forward to hearing from you. I would ask that you discuss this with your supervisor and contact me immediately. If you have any questions, feel free to contact me. If we cannot resolve it by you forwarding the release and one check for the settlement amount, then I will file suit to enforce settlement seeking attorney fees, costs, as well as interest. Case Status ? Thank you for your assistance in this matter. Vandeg-rift, Mr. John Case Type: MVA DOk 4/2/2010 LIM Date: 4/1/2012 Case #: 215547 ( SLN) Class: WHT Assigned: DHR Date Opened: 7/26/2010 4/4/2012 10:19 AM Case Note - Pane 183 of 205 ? ? ? ? []Very truly yours, ?A?[][]HANDLER HENNING & ROSENBERG LLP ? H ? By: ? ? ? ? ? David H Rosenberg DHR/tgd cc:?John Vandegrift Page 2 of 2 Kerry J. Ritchey, CPCU, AIC Assistant Vice President 8 Claims Manager Erie Insurance' Branch Office 4901 Louise Drive • Rossmoyne Business Center • P.O. Box 2013 • Mechanicsburg, PA 17055-0710 717.795.8200 • Toll Free 1.800.382.1304 • Fax 717.795.2315 www.erleinsunance.com February 27, 2012 Handler, Henning & Rosenberg, LLP Attention: David Rosenberg, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Re: ERIE Claim #010171086489 ERIE Insured: Kande & Millard McKennon Date. of Loss: 412/10. Your Client: John Vandegrift Dear Mr. Rosenberg: This letter is a follow up to our conversation on February 20, 2012. This is confirmation of our settlement of $35,000.00 for your client's Bodily Injury claim. This settlement includes your client's Medicare lien. We will need to obtain the final demand' 'ester fr-om-MedieaTe-before-we-disperse` ulMs"-'Tt i?: ERIE" s proce ure to then issue two settlement checks, one to satisfy Medicare's final lien, and the other to you and your client. Enclosed with this letter is the General Release. If you have any questions or concerns, please feel free to contact the undersigned. Sincerely, Ashley Allernan Liability Claims Adjuster Harrisburg Branch Claims (717) 795-2251 (717) 795-231.5 (Fax) AA: cab Enclosures: 1. General Release 2. Return Envelope FEB 14' r'R6i?s"'`? ? 1Gt The ERIE is Above All in SERVICE° 2174663 l .D.OC GENERAL RELEASE aw #. 010171086489 For the consideration of Thirty Five Thousand and 00/100 dollars ($ 35,000.00 receipt of which is hereby acknowledged, I/we release and discharge, and for myself/ourselves and for mylour heirs, representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge Millard McKennon and Kande McKennon hereinafter referred to as the releasee(s), his/her/their/its heirs: executors, administrators, insurers, successors and assigns, and any and all other persons, firms, corporations, associations, of and from any and all causes of action, ;pts, rights, judgments, claims and demands of whatsoever kind, in law or in equity, known d unknown, which 1/we now have or may hereafter have, especially [h claimed legal liability of releasee(s) arising from or by reason of any and all bodily or personal injuries an9or property damage known an unknown, foreseen and unforeseen which heretofore has/have been or which hereafter may be sustained by mejus arising out of the accident on or about April 2 t2010 YEAR at or near Warwick in the county of Lancaster in the State of Pennsylvania which liability releasee(s) expressly deny(ies). I/We agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to any and all damage to arrt?y property, either real or personal, of mine/ours and With respect to any and all personal or bodily injury of minelours, whether presently known or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising out of the aforementioned accident. I/We further agree that the consul ration set forth above is specifica app icegle tq and paid to melus with respect to any right of contribution that Iiwe may have against the releasee?s?, hi0herltheir/its heirs, exe?utors, administrators, insurers, successors and assigns relative to claims of others that may be brought against me us by reason of said accident. - IIWe further agree that the consideration se orth above i$$ specifically applicable to my/our agreement that I/we will not join nor attempt to join the releaseels;, his/her/their/its heirs, executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brought against me/us arising out of said accident. I/We warrant for myself/ourselves and my/our heirs, representatives, executors, administrators, successors and assigns that I/we have received no money or other valuable consideration from any other person or persons by reas1p of any causes of action, suits, covenants, agreement?, judgments, claims and demands of whatsoever kind, which Ilwe now have or may hereafter have, for injuries to mylour person or property or for the other matters for which this release is given. Me further understand and agree that this Release is inclusive of any and al present and future liens or cl ' s for subrogation against the payments to be made in accordance with this Release. Iwe understand and agree that I/we are responsible for the payment of any liens or charges against the pa nts to be made hereunder should any such liens, subrogation, plains or claims for ex p and charges be asserted. I his includes, but is not limited to, medical expense liens, workers co ensation tiensi tKIA liens, liens asserted by any federal, state or local governmental entity or agency Qr any- medical expense claim. hould any person or entity make cl im foL ?,ayment of any liens or charges against I he ERIE or their counsel, I/we agree to indemnify and hold-harmless lfhe ERIC and their counsel from any and all such liens, charges, fees, claims, attorney fees, costs, interests and any other sum. I/We understand that this settlement is the compromise of a disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporations hereby released by whom liability is expressly denied. Intending to be legally bound thereby, WITNESS my/our hand(s) and seal(s) this day of -vim WITNESS f ! X X John Vandegrift (Seal) (Seal) C-41 A (R) 12/04 Vandegrift, Mr. John Case Type: MVA DOI: 4/2/2010 LIM Date: 4/1/2012 Case #: 215547 ( SLN) Class: WHT Assigned: DHR Date Opened: 7/26/2010 4/4/2012 10:20 AM Date: 03/06/2012 09:35 AM Staff: TGD Ashley Alleman Erie Insurance 4901 Louise Drive Mechanicsburg, PA 17055 0710 ?Re:[]Our Client: El []John Vandegrift ??Your Insured:?LKandel McKennon ??Claim Number: 11010171086489 ? []Date of Loss: ? []4/2/2010 SENT VIA FAX AND REGULAR MAIL Dear Ms. Alleman: Case Note - Pam 202 of 205 Page 1 of 1 Topic: SETTLEMENT/NEGOTIATION Case Status ? Enclosed is the Release executed by Mr. Vandegrift. I am forwarding this Release to you with the express understanding that upon your receipt of the Release you will forward a check payable to myself and my client in the amount of $35,000.00. I pointed out to you in my correspondence of February 22, 2012, that we expect you to make payment directly to me and that we are responsible for the liens, and I brought to your attention case law that supports that. In addition to that, the Release I am returning to you specifically indicates that my office is responsible to pay all liens in this case. That Release does not indicate that Erie Insurance Company is responsible to pay those liens. Further, the Release indicates that my client agrees to indemnify and hold Erie Insurance Company harmless from any claims for any liens. Therefore, it makes no sense for you to withhold the money in light of those terms and in light of my correspondence pointing out to you that your position is against the law of the Commonwealth of Pennsylvania. I expect to receive that settlement check shortly. If we do not, we will file a Petition to enforce the settlement seeking not only the settlement amount but penalties, attorney fees and other costs. Page 2 If you have any questions, feel free to contact me. ? ? ? ? []Very truly yours, ?A???HANDLER HENNING & ROSENBERG LLP ?EN By: ? ? ? ? ? David H Rosenberg DHR/tgd Enclosure Handier Henning & Rosenberg LLP Attorneys at Law David H Rosenberg rosenberg@hhrlaw.com April 6, 2012 Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: John Vandegrift v. Millard McKennon, et al Motion to Enforce Settlement Dear Prothonotary: Enclosed for filing is an original and one copy of a Motion to Enforce Settlement. This is an unusual matter and it is my understanding that Judge Edward Guido is familiar with this issue, therefore, it is best for this to be assigned to him since he has a familiarity with this procedure am also enclosing a check in the amount of $103.75 for filing fees. Please forward a time stamped copy of the Motion to my attention in the enclosed courtesy envelope. Thank you for your assistance in this matter. If you have any questions, feel free to contact me. Very truly yours, HANDLER HENNING & ROSENBERG, LLP. D H R/tgd Cc: Court Administrator of Cumberland County Enclosure 1300 LINGLESTOWN ROAD, SUITE 2 1 HARRISBURG PA 17110 717 238 2000 1 f 717 233 3029 1 toll free 800 422 2224 1 www.hhrlaw.com Carlisle 717 241 2244 1 Hanover 717 630 8200 1 Lancaster 717 431 4000 1 York 717 845 7800 JOHN VANDEGRIFT, Plaintiff V. MILLARD MCKENNON, III, KANDEL MCKENNON, and ERIE INSURANCE EXCHANGE t/d/b/a ERIE INSURANCE and THE ERIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 2280 CIVIL ACTION ORDER OF COURT AND NOW, this 16T-" day of APRIL, 2012, a hearing on Plaintiff's Petition to Enforce Settlement is scheduled for THURSDAY, APRIL 26, 2012, at 10:00 a.m. in Courtroom # 3. ZDavid H. Rosenberg, Esquire :sld 0-T I r-4 Ca J10 G11 2--1 '==P? e Court, Edward E. Guido, J. 'tea e ?7 _ 77 r: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. VANDEGRIFT, 1628 Rothsville Road Lititz, PA 17543, Plaintiff, CIVIL ACTION - LAW V. NO. 2012-2280 KANDEL McKENNON and MILLARD M. McKENNON, III, 631 East Main Street, Lititz, PA 17543 Defendants. AFFIDAVIT OF SERVICE 110, A/0 eOU C Vq pIIAT On the 23`d day of April 2012, 1 hereby certify that a true and correct copy of Petition to Enforce Settlement was served upon Erie Insurance Company by certified mail 4901 Louise Drive, P.O. Box 2013, Mechanicsburg, PA 17055 071. The Confirmation of service is attached hereto as Exhibit "A". I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. HANDLER, HENNING & ROSENBERG, LLP Date: /-IY- 1,94 By David H R enberg, Esquire Attorne I.D. #20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 USPS.comt - Track & Confirm English Customer Service USPS Mobile Quick Tools Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER 9171999991703064793934 Check on Another Item What's your label (or receipt) number? Ship a Package Send Mail https: //tool s.usps. com/go/TrackConfimiActi on.action RegisterI Sign In Search USPS.com or Track Packages Manage Your Mail Shop Business Solutions SERVICE STATUS OF YOUR ITEM DATE b TIME LOCATION FEATURES First-Class Maile Delivered April 23, 2012, 6:35 am MECHANICSBURG, PA 17055Return Receipt Electronic Notice Left April 20, 2012, 2:42 pm MECHANICSBURG, PA 17055 Arrival at Unit April 20, 2012, 8:33 am MECHANICSBURG, PA 17055 Electronic Shipping Info April 20, 2012 Received LEGAL ON USPS.COM Privacy Policy > Government Services > Terms of Use > Buy Stamps & Shop > FOIA > Print a Label with Postage > No FEAR Act EEO Data > Customer Service , Site Index) Copyright© 2012 USPS. All Rights Reserved ON ABOUT.USPS.COM About USPS Home > Newsroom, Mail Service Updates) Forms & Publications) Careers > OTHER LISPS SITES Business Customer Gateway > Postal Inspectors > Inspector General > Postal Explorer) I 1 of 1 4/23/2012 4:18 PM Handler Henning & Rosenberg LLP min Attorneys at Law David H Rosenberg Rosenberg@hhriaw.com April 19,2012 Ashley Alleman Erie Insurance 4901 Louise Drive 91 7199 9991 71730 5479 3934 P.O. Box 2013 Mechanicsburg, PA 17055-0710 Re: Our Client: Your Insured: Claim Number: Date of Loss: HHR File No.: SENT VIA CERTIFIED AND REG Dear Ms. Alleman: John Vandegrift Kandel McKennon 010171086489 4/2/2010 215547 LILAR MAIL Enclosed is the Order of Court and Time Stamped Petition to Enforce Settlement that was filed with the Court as I previously indicated to you. ' . If you have any questions, feel free to contact me. Very truly yours, DHR/tgd cc: John Vandegrift Enclosure HANDLE HEN ING & ROSENBERG LLP By: David H senberg 1300 UNGLESTOWN ROAD, SUITE 2 1 HARRISBURG PA 17110 717 238 2000 1 f 717 233 3029 1 toll free 800 422 2224 I-www.hhrlaw.com Carlisle 717 241 2244 1 Hanover 717 630 8200 1 Lancaster 717 431 4000 1 York 717 845 7800 IN THE COURT OF COMMON PLEAS OF CVM9ERLAND COUNTY, PEIVNSYLVANIA JVHN N. VANDEGRIFT, 1628 Rothsvil#e Road Lititz, PA 17543, Plaintiff, V. KANDEL McKENNON and MILLARD M. NIcKENNON, ill, 631 East Main Street, Lititz, PA 17543 TO THE VROT"O NOTAIM CIVIL ACTION - LAW NO. 2012-2280 Cl) het Cl) -c G r-' N -.J -t? 3 r Please mark the Docket in the above captioned matter as Settled, Discontinued and Satisfied. Respectfully submitted, MANOR, & ROSIErNjONG, LLp By: David H F?Oenberg, Esquire' Supre CourtlD#20569 1300 - stown Road - Suite 2 Har s#wrg, PA 17110 (717)238-2000 Attorney for Plaintiff M c5- _c