Loading...
HomeMy WebLinkAbout13-7025 Supreme Court of Pennsylvania Court of Com " on Pleas — For Prothonotary Use Only: CivihCr Sheet Cumberland R KI X - . Y ""51 County Docket No: ST I1 13 40215 6 ,n The in 1armation collected on This • farm is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 9 Complaint El Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Fred Lewis Erie Insurance Group 1I ❑ Check here if you are a Self - Represented (Pro Se) Litigant U Name of Plaintiff /Appellant's Attorney: George B. Faller, Jr., Es quire, a n d D K. De ardorff, Esq N Are money damages requested? : ❑X Yes ❑ No Dollar Amount Requested: within arbitration limits A (Check one) XX outside arbitration limits Is this a Class Action Suit? ❑ Yes ❑x No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment x❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include El Statutory Appeal: Other E mass tort) El Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa. R. C. P. 205.5 212010 ' F:\FILES \Clients \14142 Lewis \14142.2 \14142.2.complaint2.wpd Revised: 11/18/13 3:34PM ` ('} George B. Faller, Jr., Esquire Daniel K. Deardorff, Esquire N 13 NO V 26 A [ I : ! 9 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES CUMBERLAND COUNITY I.D. No. 49813 PENNSYLVANIA I.D. No. 17837 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff FRED LEWIS IN THE COURT OF COMMON PLEAS OF 1055 Easy Road CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff V. No. 13 CIVIL ACTION -LAW ERIE INSURANCE GROUP 4901 Louise Drive Rossmoyne Business Center Mechanicsburg, PA 17055 -0710, Defendant JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ^ S Telephone (717) 249 -3166 C# .2 773 ,Z George B. Faller, Jr., Esquire Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 49813 I.D. No. 17837 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff FRED LEWIS IN THE COURT OF COMMON PLEAS OF 1055 Easy Road CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff V. NO. CIVIL ACTION -LAW ERIE INSURANCE GROUP 4901 Louise Drive Rossmoyne Business Center Mechanicsburg, PA 17055 -0710, Defendant JURY TRIAL DEMANDED COMPLAINT Plaintiff, Fred Lewis, by and through his attorney, George B. Faller, Jr, Esquire, and Daniel K. Deardorff, Esquire, MARTSON LAW OFFICES, does hereby file the instant Complaint upon the following cause: THE PARTIES 1. Plaintiff, Fred Lewis (hereinafter referred to as "LEWIS ") is an adult individual residing at 1055 Easy Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Erie Insurance Group (hereinafter referred to as "ERIE "), is a corporation organized under the laws of Pennsylvania with a branch office at 4901 Louise Drive, Rossmoyne Business Center, Mechanicsburg, Cumberland County, Pennsylvania 17055 -0710. FACTS 3. On February 15, 2011, LEWIS was the driver in a vehicle he owned and which was parked in a parking lot at the Welfare Office on Westminster Drive, Carlisle, Cumberland County, Pennsylvania. 4. On February 15, 2011, at the same location above, Bryon Hench (hereinafter "tortfeasor ") pulled his vehicle out from his parking spot and caused a collision with LEWIS'S vehicle. 5. As a direct and proximate result of the aforesaid negligence and carelessness of the tortfeasor, LEWIS suffered injuries, some or all of which may be permanent in nature, including, but not limited to injuries to his neck, which aggravated his pre- existing condition in his neck, and required surgery to his neck on October 18, 2012. 6. As a direct and proximate result of the aforesaid negligence and carelessness of the tortfeasor, LEWIS has been caused to suffer and /or will and /or may continue to be caused to suffer the following damages: a. past, present and future pain; b. past, present and future emotional suffering; C. past, present and future physical limitations and loss of use of the injured and damaged parts of his person; d. future loss of the ability to carry out his customary duties and activities; e. past, present and future medical expenses; to the extent authorized by law; f. past, present and future loss of the daily enjoyment of life and life's pleasures; g. humiliation and' embarrassment; and h. additional injuries, damages and losses. COUNT I — BREACH OF CONTRACT FRED LEWIS V. ERIE INSURANCE GROUP 7. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 6 as though the same were set forth at length herein. 8. At the time of the collision, the tortfeasor was insured by State Farm with bodily injury liability protection per person limits of $25,000.00. 9. The tortfeasor was the only person or entity responsible for the subject collision. 10. The tortfeasor's bodily injury policy limits are not adequate to compensate LEWIS for the injuries and damages that he sustained as a result of the subject collision. 11. At the time of the collision, LEWIS was an insured driver through Defendant ERIE, with the policy number of Q 12 2902495 H (hereinafter referred to as the "POLICY "). A copy of the Certification of Limits, Declaration page, and Underinsured Motorist Coverage Endorsement is attached hereto as Exhibit "A ". 12. As part of the POLICY, LEWIS purchased bodily injury limits in an amount greater than the minimum coverage required by Pennsylvania law, in order to protect the financial integrity of persons who may suffer bodily injury as a result of his negligence while operating a motor vehicle. 13. As a result of LEWIS'S election of bodily injury liability limits in an amount greater than the minimum coverage required by law, he paid, and ERIE accepted, increased premiums. 14. LEWIS purchased underinsured motorist benefits under the POLICY for which he paid, and ERIE accepted, increased premiums. 15. ERIE, pursuant to the policy, paid LEWIS'S first party medical benefits of $10,000.00 related to this accident. 16. At the time of the collision, the ERIE POLICY covering LEWIS provided for a total of $50,000.00 in underinsured motorists coverage per person. 17. On April 25, 2013, and May 7, 2013, LEWIS made a demand for underinsured motor benefits by sending a demand package to ERIE by mail which included: the police accident report; the declarations page; Dr. Kovacs' report of June 29, 2012; Dr. Sumas's report of December 13, 2012, and various other medical and insurance records. 18. The demand package revealed that LEWIS will need continuing care for his injuries caused by the collision. 19. To date, ERIE has not made any offers to settle the claim. 20. The ERIE POLICY provides it will pay "damages for bodily injury that the law entitles `anyone we protect' or the legal representative of `anyone we protect' to recover from the owner or operator of an `underinsured motor vehicle'." (See Exhibit "A "). 21. The vehicle operated by the tortfeasor is an "underinsured motor vehicle" as defined by the ERIE POLICY, in that the total limits of bodily injury liability insurance is less than the amount of LEWIS'S damages. 22. LEWIS has fully complied with all ofthe terms, conditions, and duties required under the POLICY. 23. ERIE failed to objectively and fairly evaluate LEWIS'S underinsured motorist's claim. 24. ERIE failed to promptly offer payment of a reasonable and fair value to LEWIS'S claim. 25. ERIE failed to fulfill the fiduciary, contractual, and statutory obligations to investigate, evaluate, and negotiate the underinsured motorists claim in good faith. 26. For the reasons set for above, ERIE breached its duty under the POLICY. WHEREFORE, the Plaintiff, Fred Lewis, demands judgment against Defendant, Erie Insurance Group, in an amount in excess of $50,000.00, plus interest and costs and such other relief as this Honorable Court may deem appropriate. COUNT II — BAD FAITH FRED LEWIS V. ERIE INSURANCE GROUP 27. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 26 as though the same were set forth at length herein. 28. The actions of ERIE in handling LEWIS'S underinsured motorists claim constitute bad faith under 42 Pa.C.S.A. §8371 as follows: a. Unreasonably delayed the processing of a valid claim; b. Knew or recklessly disregarded the fact that the delay was unreasonable; C. Failing to objectively and fairly evaluate Plaintiffs claim; d. Engaging in dilatory and abusive claims handling; e. Failing to adopt or implement reasonable standards in evaluating Plaintiff s claim; f. Acting unreasonably and unfairly in response to Plaintiffs claim; g. Not attempting in good faith to effectuate a fair, prompt, and equitable settlement of Plaintiffs claim in which the Defendant's liability under the POLICY had become reasonably clear; h. Subordinating the interests of its insured and those entitled under its insured's coverage to its own financial monetary interests; i. Failing to promptly offer reasonable payment to the Plaintiff, j. Failing to reasonably and adequately investigate Plaintiffs claim; k. Failing to reasonably and adequately evaluate or review the medical documentation in Defendant's possession; 1. Violating the fiduciary duty owed to the Plaintiff; m. Acting unreasonably and unfairly by withholding underinsured motorist benefits justly due and owing to the Plaintiff, n. Failing to make an honest, intelligent, and objective settlement offer; and o. Causing Plaintiff to expend money on the presentation of his claim. 29. An insurer such as ERIE owes a fiduciary, contractual, and statutory obligation to those such as LEWIS. 30. At all relevant times, LEWIS fully complied with the terms and conditions of the POLICY and all conditions precedent and subsequent to his right to recover under the POLICY. 31. For the reasons set forth above, Defendant ERIE violated the POLICY of insurance, its obligations as an insurer, has failed to act toward Plaintiff in good faith for which Defendant is liable for compensatory and punitive damages, together with interest, attorney's fees, court costs, and such other relief as the Court deems appropriate. 3 2. ERIE has engaged in wanton and reckless conduct with regard to the welfare, interest and rights of the Plaintiff, and is liable for its bad faith conduct. WHEREFORE, Fred Lewis, demands judgment against Defendant, Erie Insurance Group, in an amount in excess of $50,000.00 plus interest, and costs and such other relief as this Honorable Court may deem appropriate. Respectfully submitted, MARTSON LAW OFFICES " �'t '<' Oee� B George B. Faller, Jr., Esquire I.D. No. 49813 Daniel K. Deardorff, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff Date: /11Z4e J1 .j , s RECYCLED PAPER is REUCNRLE y V Exhibit A BLGRPA Erie ERIE INSURANCE EXCHANGE j Insurance FAMILY AUTO POLICY Group CONTINUATION NOTICE 100 E A ms PI g PA 16530 0 AGENT ITEM 2. POLICY PERIOD POLICY NUMBER AA7167 J P WOLFE INSUR INC 12/29/10 TO 12/29/11 Q12 2902495 H ITEM 1. NAMED INSURED AND ADDRESS ITEM 3. OTHER INTEREST CHERYL L LEWIS & FRED L LEWIS 1055 EASY RD CARLISLE PA 17015 -9511 AGENT - J P WOLFE INSUR INC 96 S HIGH ST * * * ** AGENT PHONE - (717) 776 -5213 NEWVILLE PA 17241 1414 sssssssssssssssssssssssssssssssss#s ssssssssssss sssssssssssssssssssssssssssssss # THIS POLICY DOES NOT COVER COLLISION DAMAGE TO RENTAL VEHICLES. # s s sss sssssssssssssssssssssssssss sss ssssssssssss sssssssssssssssssssssssssssssss ITEM 4. AUTOS COVERED AUTO YR MAKE VIN ST TER PHY LIOTCMCL RATINGCLASS DDP 1 99 TOYO CAMRY 4T1BG22KXXU595422 PA 4F 0814 A2BL FM50 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUAS ARE AS FOLLOWS - M EQUALS THOUSAND $ #1 * * ** *GOOD DRIVER RATES APPLY * * * ** - -- THE FULL TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. - -- LIABILITY PROTECTION - BODILY INJURY $50M /PERSON $100M /ACC 131 PROPERTY DAMAG ACC 133 FIRST PARTY BENEFITS- MEDICAL EXPENSE $10M 80 INCOME LOSS JIM /MONTH, $15M MAXIMUM 15 ACCIDENTAL D ATHH $$5M 2 FUNERAL BENEFIT 2.5M 2 UNINSURED MOTOR1�IST COVERAG - BOD INJ50M`PERSON $100M ACC - UNSTACKED 12 UNDERINSUR D MOOTORISTS COVE AGE - BOD INJ $50M /PERSON $100M ACC - UNSTACKED 54 TOTAL ANNUAL M POLICYPREMIUMCH AUTO $ 429 ITEM 6. APPLICABLE POLICY ENDORSEMENTS EXCEPTIONS TO DECLARATIONS ITEMS ALL AUTOS AFPU01 03/ 07 4 AF)F01 03/07, AFPA03 10/08. PASSIVE RESTRAINT DISCOUNT APPLIES - DUAL AIRBAGS AUTO 1 ANTI -LOCK BRAKE DISCOUNT APPLIED AUTO 1 ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • YOU HAVE BEEN INSURED WITH THE ERIE FOR AT LEAST 15 YEARS. THIS POLICY • WILL NOT RECEIVE A DEFENSIVE DRIVER PLAN SURCHARGE FOR FUTURE ACCIDENTS. ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** EXPLANATION OF ADULT & /OR YOUTHFUL DRIVER RATING CLASS AUTO 1 -TO WORK 11 -14 MILES ONE WAY, 8,501 OR MORE MILES ANNUALLY FEMALE, MARRIED, AGE 50 MISCELLANEOUS INFORMATION EXHIBIT "A" un wFC 1 1 /97 /1 n EIG Fax Server 5/7/2013 2:44:04 PM PAGE 2/005 Fax Server ERIE INSURANCE GROUP PRIVATE PASSENGER AITTO AFPUQI (Ed. 11110) OF -8805 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINSURED /UNDERINSURED MOTORISTS COVERAGE ENDORSEMENT -- PENNSYLVANIA This endorsement contains provisions applicable to Uninsured/Underinsured Motorists Bodily Injury Coverage and changes provisions contained in your polio to the event that the provisions in this endorsement are different from those in your policy. DEFINITIONS "Motor vehicle" means any vehicle which is self - propelled. "Motor vehicle' does not include a vehicle: Words and phrases in bold type and quotations are used 1. propelled solely by human power; as 4fln'd in this endorsement. If a word or phrase in bold type and quotations is not defined in this endorse- 2. propelled by electric power obtained from overhead ment, then the word or phrase is defined in the wires; GENERAL POLICY DEFINMONS section of the 3. operated on rails or crawler treads; policy. 4, located for use as a residence premises; or "Anyone we protect" means: 5. which is a lawn and garden tractor or mower or 1. "you" and any "relative;" similar vehicle. 2. anyone else, while "occupying" any "owned auto we "Nonowned auto" means, while "you" or a "relative" are insure" other than one: using it, any "private passenger auto," "moving van," a. while hired by or rented to others for a fee, or "trailer," or "temporary substitute" not owned or leased while available for hire by the public. Fee does by "you" or a "relative." The operation or other use by not include payment received in a car pool or for "you' or a "relative" must be with the permission of the trips for nonprofit social, educational or chart - owner, or "you" or the "relative" must reasonably believe table agencies; or the permissitmr of the owner exists. b. being used without the permission of the owner; "Uninsured motor vehicle" means a: 3. anyone else who is entitled to recover damages 1. "motor vehicle' for which there is no liability bond, because of bodily injury to any person protected by liability insurance, or self insurance at. the time of the this coverage; and accident; 4, anyone else while "occupying" a "nonowned auto" 2 "motor vehicle" for which the insuring company other than one: denies coverage or is or becomes insolvent; or a. "you" are using that is owned or leased by 3, hit- and -fun "motor vehicle" which causes "you" another "resident" of "your" household; bodily injury. The identity of the driver and owner b. furnished or available for the regular use of "you" of the hit -and -run "motor vehicle" must be unlmown, or any "resident" of "your" household; Tile accident must be reported to the police or other c, being operated by anyone other than "you" or a proper govcrnnicntal authority within 24 hours or as soon as possible. "You" must notify "us" as soon as "relative;" possible. d. while hired by or rented to others for a fee, or while available for hire by the public. Fee does An "uninsured motor vehicle" does not include a "motor not include payment received in a car pool or for vehicle:" trips for nonprofit social, educational or chari- 1. insured for Liability Protection under this policy; table agencies; or e. beim - used without the permission of the owner. 2, that rt m leased, or operated by aself- insurer within the meaning of the financial responsibility laws, motor carrier laws or similar laws, unless the "Extraordinary Medical Benefits Coverage" means cov- self- insurer becomes insolvent; erage for injury arising out of the maintenance or use of a registered "motor vehicle' for which medical treatment 3, designed for use mainly off public roads, except and rehabilitative services exceed 31f (NN). while on public roads; or "First Party Benefits" means Pennsylvania motor vehicle 4• owned, leased, or rented by, furnished to or available insurance first parry benefits (medical benefit, income for the use of "you" or a "relative." loss benefit, funeral benefit, accidental death benefit, "Underinsured motor vehicle" means a "motor vehicle" for combination benefit) in accordance with the which the limits of available liability bonds or insurance Pennsylvania Motor Vehicle Financial Responsibility or self - insurance at the time of the accident are insuffi- Law• cieni to pay losses and damages. 1 EIG Fax Server 5/7/2013 2:44 :04 PM PAGE 3/005 Fax Server An "underinsured motor vehicle" does not include a 4. accommodations; "motor vehicle:" 1. insured for Liability Protection under this policy; or which were provided conform to professional standards of performance and were medically necessary and cco- 2. designed for use mainly off public roads, except nomically provided, may be used by ua The injured while on public roads. person may request a reconsideration by the PRO within 30 days of the PRO's initial determination. OUR PROMISE if "we" refuse payment of a provider's bill and do not If Uninsured Motorists Coverage is indicated on the challenge it before a PRO within 90 days of receipt (90 "Declarations," "we" will pay damages for bodily injury day provision dues not apply to continuing treatment or that the law entitles "anyone we protect" or the legal rep- services), the injured person may ask the court to review resentative of "anyone we protect" to recover from the "our" refusal to pay. owner or operator of an "uninsured motor vehicle." If Underinsured Motorists Coverage is indicated on the "We' will nut be bound by a judgment against the owner "Declarations," "we" will pay damages for bodily injury or operator of the "uninsured motor vehicle" or that the law entitles "anyone we protect" or the legal rep- "underinsured motor vehicle" on issues of liability or resentative of "anyone we protect" to recover from the amount of damages unless it is obtained with "our" owner or operator of an "underinsured motor vehicle," written consent. Damages must result from a motor vehicle accident EXCLUSIONS - What We Do Not Cover arising out of the ownership or use of the "uninsured motor vehicle" or "underinsured motor vehicle" as a This insurance does not apply to: motor vehicle and involve bodily injury to "anyone we 1. damages sustained by "anyone we protect" if he, she protect." Bodily injury means physical harm, sickness, or a legal representative settled with anyone who disease or resultant death to a person' may be liable for the damages, without "oar" written Payment of medical expenses will not exceed 110% of consent. the; 2. the benefit of any workers' compensation or disa- 1. prevailing charge at the 75th percentile; bility benefits carrier or anyone qualifying as a self - insurer under a workers' compensation, disability 2. applicable fee schedule, the recommended fee or the benefits or similar law. inflation index charge; 3. damages sustained by "anyone we protect" while 3. diagnostic - related groups (DRG) payment; or "occupying" or being struck by a "motor vehicle" 4. fee established by the Tnsurance Commissioner, owned or leased by "you" or a "relative," but not insured for Uninsured or Underinsured Motorists whichever pertains to the specialty service involved, Coverage under this policy. determined to be applicable in the Commonwealth of 4. damages sustained by "anyone we protect" while Pennsylvania under the Medicare Program for compa- "occupying" or being snuck by a "miscellaneous rabic services at the time the services were tendered, or vehicle" owned or leased by "you" or a "relative," but the provider's usual and customary charge, whichever is not insured for Uninsured or Underinsured Motor - less. ists Coverage under this policy. Na fee, charge or payment has not been calculated under 5. punitive or exemplary damages. the Medicare program for a particular treatment, =win- 6. noneconomic damages sustained in a "motor vehicle" modation, product or service the amount of the payment accident by "anyone we protect" unless such person may not exceed 80 of the provider's usual and cus- sustained 'serious injury." tomary charge. Exchtsion 6, applies only when the LIMITED TORT If acute care is provided in an acute care facility to a option i,r selected. patient with an immediately life - threatening or urgent 7. bodily injury sustained by "anyone we protect" injury by a Levcl I or Level N trauma center accredited resulting from the use of any weapon. by the Pennsylvania Trauma Systems Foundation under 8 bodil injury sustained by "anyone we protect" the Emergency Medical Services Act (P.L.164, No. 45), result ng from assault and/or battery. or to a major bum injury patient by a burn facility which meets all the service standards of the American 9. bodily injury sustained by "anyone we protect" while Burn Association, the amount of payment may not engaged in the theft of a "motor vehicle" or using a exceed the usual and customary charge. "motor vehicle" in connection with carjacking, kid- napping, abduction or attempting to flee police or Peer Review Organizations (PRO), which have been evade arrest. approved by the Tnsurance Commissioner to evaluate 10. bodily injury to "you" or a "resident" using a non- whether or not: owned "motor vehicle" or a nonowned "miscellaneous 1. treatment; vehicle" which is regularly used by "you" or a "resi- t, health care services; dent," but not insured for Uninsured or Underinsured Motorists Coverage under this policy. 3. products; or 2 EIG Fax Server 5/7/2013 2:44:04 PM PAGE 4 /005 Fax Server LIMIT OF PROTECTION Unstacked Coverage Limitations of Payment If Unstacked Uninsured Motorists and/or Unstacked Underinsured Motorists Coverage is purchased, "we" will If coverage is purchased on a "Split Limits" basis, the pay no more than the Uninsured or Underinsured "Declarations" will show a PER PERSON and PER Motorists Coverage limits shown on the "Declarations" ACCIDENT limit for Uninsured and/or Underinsured S'or the "auto" involved in the accident, regardless of the Motorists Bodily Injury. The PER PERSON limit for number of persons "we protect," "autos we insure," pre - Bodily Injury for one "auto" is the most "we" will pay for miums paid, claims made or "autos" involved in the acci- damages arising out of bodily injury or death to one dent. If none of the "auloa' are involved in the accident, person in any one accident. The PER ACCIDENT the highest limit of Uninsured or Underinsured Motor. limit for bodily injury for one "auto" is the most "we" ists Coverage applicable to any one "auto" will apply. will pay for damages arising out of bodily injury or death to all persons resulting from any one accident, subject. to Reductions the PER PERSON limit. The amount of damages paid or payable under this If coverage is purchased on a "Single Limit" basis, the Uninsured or Underinsured Motorists Coverages will be "Declarations" will show a PER ACCIDENT limit for reduced by: Uninsured and/or Underinsured Motorists Bodily Injury. 1, the amounts paid or payable by or for those liable The PER ACCIDENT limit for one "auto" is the most for bodily injury to "anyone we protect," "we" will pay for all damages arising out of bodily injury resulting from any one accident. 2. the amounts paid or payable to "anyone we protect" under the Liability Protection of this policy. Uninsured/Underinsured Motorists Coverage is not pro- vided for any "trailer," whether or not the "trailer" is Payment under these coverages to or for "anyone we attached to another motor vehicle or "miscellaneous protect" will reduce the amount of damages they may be vehicle." No separate limit of protection for Uninsured/ entitled to recover from those protected under the Underinsured Motorists Coverage is available liar a Liability Protection of this policy. "trailer," whether attached or unattached to a motor vehicle or "miscellaneous vehicle." A person who recovers damages under Uninsured Uninsured/Underinsured Motorists Coverage does not Motorists Coverage cannot recover damages under apply to a "miscellaneous vehicle" owned or leased by Underinsured Motorists Coverage for the same accident. "you" or a "relative" unless the "miscellaneous vehicle" is listed on the "Declarations" and a premium is shown for In any action for damages for Uninsured Motorists bene- this coverage. fits or Underinsured Motorists benefits arising out of the maintenance or use of a motor vehicle, a person who is No one will be entitled to receive duplicate payments for eligible to receive benefits under "First Party BenefSts" the same elements of loss. If an individual's damages coverages shall be precluded from recovering the amount derive from, arise out of, or otherwise result from bodily of. injury to another person injured in the accident or the 1. required benefits paid or payable under "First Party death of another person killed in the accident, "we" will Benefits." and pay only for such damages within the PER PERSON limit available to the person injured or killed in the acci- 2, medical and rehabilitation expenses which were paid dent. or are payable under "Extraordinary Medical Bene- fits Coverage," if purchased. Stacked Coverage OTHER INSURANCE Tf Stacked Uninsured Motorists and /or Stacked Underinsured Motorists Coverage is purchased and the If other similar insurance applies to the accident, "we" injured person is "you" or a "relative," "we" will pay no will pay "our" share of the loss, sultiect to the other more than the applicable sum of the Uninsured or terms and conditions of the policy and this endorsement. Underinsured Motorists Coverage limits shown on the "Our" share will be the proportion the limit of protection "Declarations," of this insurance hears ur the total Limit of Liability of all applicable insurance. If the injured person is other than "you" or a "relative," "we" will pay no more than the applicable Uninsured or For bodily injury to "anyone we protect" while "occu- Underinsured Motorists Coverage limits shown on the pying" a "motor vehicle" "you" do not own, "we" will pay "Declarations" for the "auto" involved in the accident, the amount of the loss up to the applicable limit(s) regardless of the number of persons "we" protect, "autos shown on the "Declarations," less the amount paid or we insure," premiums paid, claims made or "autos" payable by other insurance, involved in the accident. If none of the "autos" are involved in the accident, the highest limit of Uninsured When the accident involves "underinsured motor or Underinsured Motorists Coverage applicable to any vehicles," "we" will not pay until all other forms of insur- one "auto" will apply, ante under all bodily injury liability bonds and insurance policies and self- insurance plans applicable at the time of the accident have been exhausted by payment of their limits or have been resolved by settlement or by final resolution of the court. 3 EIG Fax Server 5/7/2013 2:44:04 PM PAGE 5/005 Fax Server PAYMENT OF LOSS a. repay "it , ," out of any damages recovered from any legally liable party; When multiple policies apply, payment shall be made in b, take any action necessary to recover payments the following o of priority: made under this coverage, through a lawyer I. A policy covering the "motor vehicle" the injured chosen by "us;" and person is "occupying" at the time of the accident. c. repay "us" from any recovery for expenses, costs 2. A policy covering a "motor vehicle" not involved in or lawyers' fees "we" paid in the action. the accident with respect to which the injured person is an insured. RIGHTS AND DUTIES - GENERAL POLICY If two or more policies have equal priority, the insurer CONDITIONS against which the claim is first made shall process and pay the claim as if wholly responsible. 'Thereafter, the LAWSUITS AGAINST US insurer is entitled to recover a pro rata contribution from any other insurer for the benefits paid and claims costs This condition is deleted (aid replaced by the . following: incurred. If "we" arc the insurer against which the claim is first [Wade, "we" will not pay more than "our" Limit of "yon" must comply with the terms of the policy before Protection. "you" may sue "us." At 'bur" option, "we" will pay: Suit must he brought in a court of competent jurisdic- 1. "anyone we protect;" lion in the county and slate of "your' legal domicile at the time of the accident. 2. the surviving spouse; 3. the legal representative; or WHAT TO DO WHEN AN ACCIDENT OR LOSS 4. anyone legally entitled to recover. HAPPENS TRUST AGREEMENT The following is added: 1. When "we" owe payment to anyone under this cov- If claimants or their representatives bring action for erage, they will: damages, copies of suit papers must be sent to "us" at once. a. hold in trust for "tw" all rights of recovery against the other party; In an action against "us," "we" may require "anyone we b. do whatever is required to secure these rights, protmt to join with "us" to bring those "we" allege to be and do nothing to harm them; and liable into the action as party defendants. c. sign and deliver ui "us" all relevant papers. 2. When "we" pay anyone under this coverage, they OTHER PROVISIONS will: AU other provisions of the policy apply. 4 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Fred Lewis SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' '41 , ..d Jody S Smith Lo-.` cr �i aE�tria �, rit s 4��`.lvi Chief Deputy .. PM Richard W Stewart `,UtiI EFLAN) COU .r. Solicitor op .3,F PENNSYLVANIA Fred Lewis vs. Case Number Erie Insurance Group 2013-7025 SHERIFF'S RETURN OF SERVICE 12/03/2013 04:53 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Gary Myers, Material Damage Supervisor, who accepted as"Adult Person in Charge"for Erie Insurance Group at 4901 Louise Drive, Lower Allen Township, Mechanicsburg, PA 17055. DE IS FRY, DEP TY SHERIFF COST: $39.76 SO ANSWERS, December 05, 2013 RONNY R ANDERSON, SHERIFF L ({/)1v, all I jAN 3n f rr3 l; L 7 JOHNSON, DUFFIE,STEWART&WEIDNER NSY�-Y4NIANT'r' Attorneys for Defendant By: John A. Statler, Esquire I.D. No. 43812 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com FRED LEWIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 13-7025 CIVIL ERIE INSURANCE GROUP, : CIVIL ACTION — LAW Defendant • : JURY OF TWELVE PERSONS DEMANDED STIPULATION AND NOW, come the parties to the above case, by and through their respective counsel, who hereby stipulate and agree as follows: 1. The proper Defendant in this case is Erie Insurance Exchange, not Erie Insurance Group. 2. Erie Insurance Group is dismissed from this case and Erie Insurance Exchange is substituted as the Defendant. 3. All references in the Complaint to Erie Insurance Group shall be deemed to apply to Erie Insurance Exchange. 4. The caption of this case shall be amended to reflect that Erie Insurance Exchange is the only Defendant. 5. Count II of the Plaintiffs Complaint, the claim seeking damages for bad faith, is severed from Count I, the claim seeking damages for breach of contract of underinsured motorist benefits. 6. All pleadings, discovery, motions, and trial regarding Count II of the Plaintiff's Complaint, the bad faith claim, , are stayed and shall only commence after a settlement, final verdict or arbitration award with respect to Plaintiff's claim for breach of contract for underinsured motorist benefits, Count I of the Plaintiff's Complaint. 7. Any facts or evidence obtained in discovery taken with respect to Count I of the Plaintiff's Complaint may subsequently be used with respect to Count II of the Complaint subject to pertinent rules of civil procedure and evidence. Respectfully submitted, MARTSON AW OFFICES By: _I�i _ Ge•�e B�aller, Jr., Esqu' e 10 East High Street Carlisle, PA 17013 Date: Attorneys for Plaintiff JOHNSON,_DUFFIE, STEWART & WEIDNER By: John A. Statler, Esq Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 , - /'/v Telephone (717) 761-4540 Date: / / Attorneys for Defendant 597761 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 27 , 2014: George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17014 (Attorney for Plaintiff) JOH►SON, DUFFIE, STEWART & WEIDNER By: John A. Stetler, •uire Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 1 E=°:LLu-OF IC T ^ t HE PROTHON`J iAR 2 I FEB -I+ PM 2: 25 CUMBERLAND A TY FRED LEWIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 13-7025 CIVIL ERIE INSURANCE GROUP, • CIVIL ACTION - LAW • Defendant : JURY OF TWELVE PERSONS DEMANDED ORDER AND NOW, this 7 d ay of Ai,.ore` , 2014, upon stipulation of the parties, IT IS HEREBY ORDERED that: 1. Erie Insurance Group is dismissed from this case and Erie Insurance Exchange is substituted as the Defendant; 2. All references in the Complaint to Erie Insurance Group shall be deemed to apply to Erie Insurance Exchange; 3. The caption of the case shall be amended to reflect that Erie Insurance Exchange is the Defendant; 4. Court II of the Plaintiff's Complaint, the claim seeking damages for bad faith, is severed from Count I of the Complaint, the claim seeking damages for breach of contract of underinsured motorist benefits; 5. All pleadings, discovery motions and trial regarding Count II of the Plaintiff's Complaint, the bad faith claim, are stayed and shall only commence after a settlement, final verdict or arbitration award with respect to Count I of the Complaint, the claim for breach of contract of underinsured motorist benefits; 6. Any facts or evidence obtained in discovery taken with respect to Count I of the Plaintiff's Complaint may subsequently be used with respect to Count II of the Plaintiff's Complaint subject to pertinent rules of civil procedure and evidence. BY THE COURT: J. Distribution: ./Gorge B. Faller, Jr., Martson Law Offices, 10 East High Street, Carlisle, PA 17013 ,/JI:Ihn A. Statler, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P. O. Box 109, Lemoyne, PA 17043-0109 603381 0.6p H+- 4i no 2014 FF3 10 P 1 2' 1 5 JOHNSON,DUFFIE,STEWART&WEIDNER - r; Attorneys for Defendant By: John A. Statler, Esquire ,UMBERLAND COUNTY 'EP�NSMANIA I.D. No. 43812 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.corn FRED LEWIS, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION — LAW • ERIE INSURANCE EXCHANGE, : NO. 13-7025 CIVIL Defendant • • JURY OF TWELVE PERSONS DEMANDED NOTICE TO PLEAD TO: Fred Lewis, Plaintiff do George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17014 YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JO - e iUFFIE, STEWART & WEIDNER • By: John A. Statler, Es• . e Attorneys for Defendant Erie Insurance Exchange DATE: February 7, 2014 603412 22740-3189 JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: John A. Statler, Esquire I.D. No. 43812 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717)761-4540 jas©jdsw.com FRED LEWIS, • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • CIVIL ACTION — LAW • ERIE INSURANCE EXCHANGE, • NO. 13-7025 CIVIL • Defendant : JURY OF TWELVE PERSONS DEMANDED ANSWER OF DEFENDANT ERIE INSURANCE EXCHANGE TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, comes Defendant, Erie Insurance Exchange, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answer and New Matter in response to the Plaintiffs Complaint: 1. Admitted. 2. Denied as stated. Erie Insurance Exchange is a reciprocal insurance exchange. 3. Admitted on information and belief. 4. It is admitted that a collision occurred between a vehicle operated by Bryon Hench and a vehicle operated by Fred Lewis. 5. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. By way of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. 6. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and subparagraphs regarding the nature and extent of the Plaintiffs alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. COUNT I — BREACH OF CONTRACT FRED LEWIS v. ERIE INSURANCE GROUP 7. Defendant incorporates by reference its answers to the averments in paragraphs 1 through 6 of the Plaintiffs Complaint as if set forth at length. 8. Admitted. 2 9. Admitted on information and belief. 10. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averment that the tortfeasor's bodily injury police limits are not adequate to compensate Fred Lewis for the injuries and damages that he sustained as a result of the subject collision and, therefore, denies the same and demands strict proof at time of trial if deemed material. 11. Admitted. 12. It is admitted that Fred Lewis purchased bodily injury limits in an amount greater than the minimum coverage required by Pennsylvania law. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 13. Admitted. 14. Admitted. 15. It is admitted that Fred Lewis had $10,000 in first party medical expense coverage on his policy at the time of this accident. It is also admitted that Erie paid medical bills under the first party coverage pursuant to Pennsylvania Motor Vehicle Financial Responsibility Law. 16. Admitted. 17. Admitted. 3 18. It is admitted only that the demand package claimed that Fred Lewis will need continuing care for his injuries caused by the collision. 19. It is admitted that Erie is continuing to evaluate Fred Lewis's claim for underinsured motorist benefits and have not yet made a settlement offer to him. 20. Admitted. 21. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averment that the vehicle operated by the tortfeasor is an underinsured motor vehicle and defined by the Erie policy and, therefore, denies the same and demands strict proof at time of trial if deemed material. 22. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is admitted that to date, to Erie's knowledge, Fred Lewis has fully complied with all of the terms, conditions and duties acquired under the policy. 23. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that Erie failed to objectively and fairly evaluate Fred Lewis's underinsured motorist claim. 24. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that 4 Erie failed to promptly offer payment of a reasonable and fair value to Fred Lewis's claim. 25. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that Erie owed a fiduciary duty to the Plaintiff in this case. It is further denied that Erie failed to fulfill a contractual and statutory obligation to investigate, evaluate and negotiate the underinsured motorist claim in good faith. 26. The averments contained in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that Erie breached a duty under its policy. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests that judgment be entered in its favor and against the Plaintiff Fred Lewis in this case with respect to Count I of the Complaint. COUNT II — BAD FAITH FRED LEWIS v. ERIE INSURANCE EXCHANGE 27-32. Pursuant to Stipulation of the parties and Order of Court, all pleadings with respect to Count II of the Plaintiffs Complaint are severed and stayed. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests that judgment be entered in its favor and against the Plaintiff in this case. 5 NEW MATTER By way of additional answer and reply, Defendant Erie Insurance Exchange raises the following New Matters: 33. Some or all of Plaintiffs claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701 et seq. and especially by §1722 of that law. 34. To the extent that the Plaintiff has been or will be paid for some of the damages alleged in his Complaint, then claims for those damages are barred both by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment generally. 35. Discovery may reveal that some or all of the Plaintiff's injuries, conditions or damages pre-existed the date of the subject accident and were not caused or aggravated by the accident. 36. Discovery may reveal that some or all of the Plaintiff's injuries, conditions or damages were caused or aggravated by events that occurred subsequent to the date of the subject accident. 37. Discovery may reveal that the Plaintiff has failed to mitigate some of his damages. 38. Erie is entitled to a credit set off against total damages for the amounts of all liability and excess or umbrella insurance policies covering Bryon Hench at the time of the February 15, 2011 motor vehicle accident. 6 WHEREFORE, Defendant Erie Insurance Exchange respectfully requests that the Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant Erie Insurance Exchange and against the Plaintiff Fred Lewis in this case. Respectfully submitted, JOH ON, DUFFIE, STEWART & WEIDNER A By: John A. Statler, squire Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: February `7 , 2014 Attorneys for Defendant 603412 Erie Insurance Exchange 7 VERIFICATION I, . 0/1//q-/-2, £r N I , hereby acknowledge that Erie Insurance Exchange is the Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer of Defendant Erie Insurance Exchange to Plaintiff's Complaint Including New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ERIE INSURANCE EXCHANGE By: 4/111 /Art q DATE: 3 /T CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 7 , 2014: George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17014 (Attorney for Plaintiff) JOH •N, DUFFIE, STEWART & WEIDNER By: John A. Statle , .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 • FAFILES\Clients\14142 Lewis\14142.2\14142.2.Replyl.wpd Revised'. 2!18(14 323PM rr'� ^- i�E 'f�fJ? fC'PC George B. Faller, Jr., Esquire FEB Daniel K. Deardorff, Esquire Za �: 3G MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES PENNSYLVANIA • I.D. No. 49813 I.D. No. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED LEWIS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-7025 : CIVIL ACTION - LAW ERIE INSURANCE EXCHANGE Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 33-38. The averment of these paragraphs are a conclusion of law to which no response is required. To the extent a response may be deemed required, these averments are denied. Respectfully submitted, MARTSON LAW OFFICE" , /, By George ':. Faller, Jr., Es•;r e I.D. No. 49813 Daniel K. Deardorff, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 18, 2014 i ~ a- CERTIFICATE OF SERVICE I,Nichole L. Myers, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Plaintiff's Reply to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John A. Statler, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street Lemoyne, PA 17043 MARTSON LAW OFFICES Byy. 1 1� O L. Myers 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 18, 2014 Ir 1,?�^—yss.liii� 1iJ THONG 2 CERTIFICATE ' ilta t MR 26 k iO: 48 CUMBERLAND COUNTY PREREQUISITE TO SERVICE OF A SUBPOENA PEN N S 1' LN;a N 1 A PURSUANT TO RULE 4009.22 IN THE MA 11ER OF: Court of Common Pleas - Cumberland County, PA FRED LEWIS vs. TERM: ERIE INSURANCE EXCHANGE CASE No: 13 -7025 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. Date : 03/21/2014 RecordTrak on behalf of • /S% JOHN STATLER . Attorney for Defendant RT #: 262801 RECORDS PERTAIN TO: FRED L. LEWIS FRED LEWIS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: ERIE INSURANCE EXCHANGE : DOCKET: 13 -7025 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: GEORGE FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 (570) 243 -1850 February 25, 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 March 17, 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 March 17, 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 1 YELLOW BREECHES FAMILY 1 . ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY REPORTS, HOSPITAL RECORDS, TEST REPORTS AND ANY OTHER RECORDS PERTAINING TO EVALUATION, CARE OR TREATMENT TO FRED LEWIS FROM JANUARY I , 2001 TO JANUARY • 16, 2008 AND JUNE 20, 2013 TO THE PRESENT MEDICINE • 2 PENNSYLVANIA . ' 1 . COPIES OF ALLMEDICAL RECORDS; OFFICE NOTES, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY CD'S/FILMS, RADIOLOGY REPORTS, HOSPITAL RECORDS AND ANY OTHER RECORDS. PERTAINING TO THE EVALUATION, CARE OR TREATMENT OF FRED LEWIS FROM JULY 13, 2012 TO THE PRESENT 2. ALL X -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS FROM 1/30/2012 TO THE PRESENT. * *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILM AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALLFILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. ** NEUROSURGERY & NEUROSCIENCE INST 3 CARLISLE REGIONAL MED 1 . COPIES OF ALL MEDICAL RECORDS, OFFICE NOTES, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY REPORTS, HOSPITAL RECORDS AND ANY OTHER RECORDS PERTAINING TO THE EVALUATION, CARE OR TREATMENT OF FRED LEWIS FROM JUNE 18, 2013 TO THE PRESENT. ** *INCLUDING BUT NOT LIMITED TO RECORDS FROM CARLISLE REGIONAL PAIN MANAGEMENT CLINIC.*** CTR (REGIONAL PAIN)(MED) FRED LEWIS vs. ERIE INSURANCE EXCHANGE CARLISLE REGIONAL MEDICAL CENTER (RAD) COURT: Court Of Common Pleas - Cumberland County, Pa TERM: DOCKET: 13 -7025 1. ALL X -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED 1/1/2005 TO THE PRESENT ONLY. * *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** 1 . COPIES OF ALL MEDICAL RECORDS, INCLUDING INPA'1'1ENT AND OUTPATIENT, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY REPORTS, HOSPITAL RECORDS AND ANY OTHER RECORDS PERTAINING TO THE EVALUATION, CARE OR TREATMENT OF FRED LEWIS FROM JANUARY 1, 2005 TO THE PRESENT 1. ALL X -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATEAD JANUARY 1, 2005 TO THE PRESENT. * *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. ** 5 F__ HOLY SPIRIT HOSPITAL (MED) 6 HOLY SPIRIT HOSPITAL (RAD) 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: Page 2 RT: 262801.1 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No: 13 -7025 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: YELLOW BREECHES FAMILY MEDICINE (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 sabpoenu 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 ark 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, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 22Q -129.1 Supreme Court ID# Attorney for: Defendant DATE; S t Seal 4 the Court BY THE COURT: RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13 -7025 RECORDTRAK FILE #: 262801; TAG 1 LOCATION: YELLOW BREECHES FAMILY MEDICINE RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: 1 . ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY REPORTS, HOSPITAL RECORDS, TEST REPORTS AND ANY OTHER RECORDS PERTAINING TO EVALUATION, CARE OR TREATMENT TO FRED LEWIS FROM JANUARY 1, 2001 TO JANUARY 16, 2008 AND JUNE 20, 2013 TO THE PRESENT RT: 262801.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND V. ERIE INSURANCE EXCEIANGE File No: 13-7025 SUBPOENA TO PRODUCE DOCUMENTS Old THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENT SYLVANT , NEUROSURGERY & NEUROSCIENCE INST (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. 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoena together with the certificate of comyliance, 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: RecardTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: ,0001220 -1291 'Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court BY THE COURT: ., Prothonotary RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13 -7025 RECORDTRAK FILE #: 262801; TAG 2 LOCATION: PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INST RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: 1 . COPIES OF ALL MEDICAL RECORDS, OFFICE NOTES, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY CD'S/FILMS, RADIOLOGY REPORTS, HOSPITAL RECORDS AND ANY OTHER RECORDS PERTAINING TO THE EVALUATION, CARE OR TREATMENT OF FRED LEWIS FROM JULY 13, 2012 TO THE PRESENT 2. ALL X -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS FROM 1/30/2012 TO THE PRESENT. * *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. ** RT: 262801.3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No: 13 -7025 SUBPOENA TO PRQDUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the Mowing documents or things: See attached rider. 651 Allendale Road King of Prussia PA 19406 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 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, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220 -1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13 -7025 RECORDTRAK FILE #: 262801; TAG 3 LOCATION: CARLISLE REGIONAL MED CTR (REGIONAL PAIN)(MED) RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: 1 . COPIES OF ALL MEDICAL RECORDS, OFFICE NOTES, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY REPORTS, HOSPITAL RECORDS AND ANY OTHER RECORDS PERTAINING TO THE EVALUATION, CARE OR TREATMENT OF FRED LEWIS FROM JUNE 18, 2013 TO THE PRESENT. ** *INCLUDING BUT NOT LIMITED TO RECORDS FROM CARLISLE REGIONAL PAIN MANAGEMENT CLINIC.*** RT: 262801.4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No: 13 -7025 SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22, TO: CARLISLE REGIONAL MEDICAL CENTER (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. 651 Allendale Road King of Prussia PA 19405 You may deliver or mall 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 may have the right to seek in advance the reasonable cost of preparing copies or produdng the things sought. If you fad to produce the documents or things required by this subpoena within twenty (20) days afle 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, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220 -1291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court BY THE COURT: _V ' Ar Pro RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13 -7025 RECORDTRAK FILE #: 262801; TAG 4 LOCATION: CARLISLE REGIONAL MEDICAL CENTER (RAD) RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: 1. ALL X -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED 1/1/2005 TO THE PRESENT ONLY. * *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. ** RT: 2628015 COMMONWEALTH OF iPENNSY.VANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No: 13 -7025 SUBPOENA TO PRODUCE DOCUMENTS OR GS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL (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. • 651 Allendale Road King of Prussia PA 19406 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 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 suite its service, the party serving this subpoena may seek a.court orc.er compelling you to comply with it. `.'HIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 1 Telephone: (800) 220 -1 291 Supreme Court II» Attorney for: Defendant Scal of the Court BY THE COURT: RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13-7025 RECORDTRAK FILE #: 262801; TAG 5 LOCATION: HOLY SPIRIT HOSPITAL (MED) RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: 1 • COPIES OF ALL MEDICAL RECORDS, INCLUDING INPATIENT AND OUTPATIENT, PHYSICAL THERAPY RECORDS, CORRESPONDENCE, RADIOLOGY REPORTS, HOSPITAL RECORDS AND ANY OTHER RECORDS PERTAINING TO THE EVALUATION, CARE OR TREATMENT OF FRED LEWIS FROM JANUARY 1, 2005 TO THE PRESENT RT: 262801.6 4 COMMONWEALTH OF 1PENNSY.,VANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No:13 -7025 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL (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. 651 Allendale Road King of Prussia PA 19406 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 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 ant its service, the party serving this subpoena may seek a court orc.er compelling you to comply with it. ''HIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 194 Telephone: (800) 220- 1291 Supreme Court ID# Attorney for: Defendant DA'.'E: 3 S cal of the Court BY THE COURT: I RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13-7025 RECORDTRAK FILE #: 262801; TAG 6 LOCATION: HOLY SPIRIT HOSPITAL (RAD) RECORDS PERTAIN TO: FRED L. LEWIS SS #: DOB: 1. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATEAD JANUARY 1, 2005 TO THE PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** CERTIFICATE i u [, APR 2 1 I : : PREREQUISITE TO SERVICE OF A SUBPOENi'AI I i E R L A N D COUNTY PENNSYLVANIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA FRED LEWIS vs. TERM: ERIE INSURANCE EXCHANGE CASE No: 13 -7025 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. Date : 04/23/2014 RecordTrak on behalf of /S/ JOHN STATLER Attorney for Defendant RT #: 262801 RECORDS PERTAIN TO: FRED L. LEWIS FRED LEWIS vs. ERIE INSURANCE EXCHANGE NOTICE OF INTENT TO: GEORGE FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 (570) 243-1850 April 3, 2014 COURT: Court Of Common Pleas - Cumberland County, Pa TERM: : DOCKET: 13 -7025 TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS 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 April 23, 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 April 23, 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 7 PENNSYLVANIA 1 . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDING INPATIENT RECORDS, OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. * * * * * * * * * * * * ** PSYCHIATRIC INSTITUTE 9 WALNUT BOTTOM 1. ALL X -RAYS, MRI SCANS CT SCANS AND CORRESPONDING REPORTS DATED * *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** RADIOLOGY Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE FRED LEWIS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: ERIE INSURANCE EXCHANGE DOCKET: 13 -7025 Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: Page 2 RT: 262801.7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED T ,F,WIS V. ERIE INSURANCE EXCHANGE File No :13 -7025 SUBPOENA TO PRODUCE DQCUI4ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22, TO: PENNSYLVANIA PSYCHIATRIC INSTITUTE (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 Kin : of Prussia PA 19406 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 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, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (8001 220-1291 Supreme Court HO Attorney for: Defendant Seal of the Court BY THE COURT: RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13 -7025 RECORDTRAK FILE #: 262801; TAG 7 LOCATION: PENNSYLVANIA PSYCHIATRIC INSTITUTE RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDING INPATIENT RECORDS, OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PAIIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * ** *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** RT: 262801.9 COMMONWEALTH OF. PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No: 13 -7025 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WALNUTB 0 DIOLOGY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered b following documents or things: See attached rider. e Court to produce the 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 subpoena 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, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: , (800) 220 -1291 Supreme Court ID# Attorney for: Defendant DA 1 I Seal of the Court BY THE COURT: Prothonotary, lib RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13 -7025 RECORDTRAK FILE #: 262801; TAG 9 LOCATION: WALNUT BOTTOM RADIOLOGY RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: 1. ALL X -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED X /1/XXXX TO THE PRESENT. * *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** FILED -0171 -CE Jr(_ 1HE PRO THONO TA 2014SEP 22 PM 1: 26 CUMBERL AND COPREREQUISITE TO SERVICE OFA SUBPOENA UNTY PENNS YL VA NI A PURSUANT TO RULE 4009.22 CERTIFICATE IN THE MA I 1ER OF: Court of Common Pleas - Cumberland County, PA FRED LEWIS vs. TERM: ERIE INSURANCE EXCHANGE CASE No: 13-7025 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. Date : 09/18/2014 RecordTrak on behalf of /S/ JOHN STATLER Attorney for Defendant RT#: 262801 RECORDS PERTAIN TO: FRED L. LEWIS FRED LEWIS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: ERIE INSURANCE EXCHANGE : DOCKET: 13-7025 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: GEORGE FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 (570) 243-1850 September 8, 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 September 29, 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 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 September 29, 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 12 CUMBERLAND VALLEY COUNSELING ASSOCIATES 13 PREMIERE PSYCHIATRY ASSOCIATES 14 PINNACLE HEALTH REHAB OPTIONS Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: RT: 262801.12 12 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No: 13-7025 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND VALLEY COUNSFJ.ING ASSOCIATES (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 ridcr. at 651 Allendale Road King of Prussia PA 1.9406 You may deliver or mail legible copies of the documents or produce things requested by this subpoent 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: RccordTrak, JOHN STATLER Address: 651 Allendale RoadiCing of Prussia PA 19406 Telephone: (800) 220-129 BY THE COURT: Supreme Court ID# Attorney for: Defendant_: DATE: Seal of the Court RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13-7025 RECORDTRAK FILE #: 262801; TAG 12 LOCATION: CUMBERLAND VALLEY COUNSELING ASSOCIATES RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PA I IENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE A I -I ACHED CER I 11.ICATION AND RETURN WITH THE RECORDS.************** RT: 262801.13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No:13-7025 SUBPOENA TQ PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PREMIERE PSYCHIATRY ASSOCIATES (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 i.elver or mail legible copies of the documents or produce things requested by this subpoen 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 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: RecordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (80O) 220-1291 Supreme Court ID# Attorney tor: Defendant DATE: 9/s/i tf Seal of the Court BY THE COURT: Prothonotary RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13-7025 RECORDTRAK FILE #: 262801; TAG 13 LOCATION: PREMIERE PSYCHIATRY ASSOCIATES RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.*****************INCLUDING BUT NOT LIMITED TO THE RECORDS OF DR. BENYAM TEGENE*** RT: 262801.14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No:13-7025 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH REAHAB OPTIONS (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. 65! Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoeni 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 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: RecordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (B00)220-1291 Supreme Court ID# Attorney for: Defendant DATE: Scat of the Court BY THE COURT: Prothonotary RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13-7025 RECORDTRAK FILE #: 262801; TAG 14 LOCATION: PINNACLE HEALTH REHAB OPTIONS RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: X ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE Al IACHED CER 111.ICATION AND RETURN WITH THE RECORDS.*****************INCLUDING BUT NOT LIMITED TO THE RECORDS FROM XXXX N XRD ST STE X HARRISBURG PA*** �I. 7L` ITh` 0. 2014 ocr CERTIFICATE eUMQfi � 6 Pr I iti : G O PREREQUISITE TO SERVICE OF A SUBPOg*- ND c PURSUANT TO RULE 4009.22 IN THE MA F1ER OF: Court of Common Pleas - Cumberland County, PA FRED LEWIS vs. TERM: ERIE INSURANCE EXCHANGE CASE No: 13-7025 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. Date : 10/02/2014 RecordTrak on behalf of /S/ JOHN STATLER Attorney for Defendant RT#: 262801 RECORDS PERTAIN TO: FRED L. LEWIS FRED LEWIS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: ERIE INSURANCE EXCHANGE NOTICE OF INTENT TO: GEORGE FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 (570) 243-1850 September 17, 2014 : DOCKET: 13-7025 TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS 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 October 7, 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 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 October 7, 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. 0. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG 15 RECORD CUSTODIAN ORTHOPEDIC AND SPINE PHYSICAL THERAPY Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: 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: 262801.15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED LEWIS V. ERIE INSURANCE EXCHANGE File No:13-7025 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHOPEDIC AND SPINE PHYSICAL THERAPY (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. 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoen: 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: RccordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 2204291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary '5 RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13-7025 RECORDTRAK FILE #: 262801; TAG 15 LOCATION: ORTHOPEDIC AND SPINE PHYSICAL THERAPY RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CER I IPICATION AND RETURN WITH THE RECORDS.************** r/ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEN PURSUANT TO RULE 4009.22 <L . IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA FRED LEWIS vs. TERM: ERIE INSURANCE EXCHANGE CASE No: 13-7025 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. Date : 01/05/2015 Iii RecordTrak on behalf of /S/ JOHN STATLER Attorney for Defendant RT#: 262801 RECORDS PERTAIN TO: FRED L. LEWIS FRED LEWIS vs. ERIE INSURANCE EXCHANGE NOTICE OF INTENT TO: GEORGE FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 (570) 243-1850 December 22, 2014 COURT: Court Of Common Pleas - Cumberland County, Pa TERM: : DOCKET: 13-7025 TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS 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 January 2, 2015 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 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 January 2, 2015 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 16 RECORD CUSTODIAN SUMAS SPINE & NEUROSURGERY CARE CENTER Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: 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: 262801.16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED) LEWIS V. ERIE INSURANCE EXCHANGE File No: 13-7025 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SUMAS SPINE & NEUROSURGERY CARE CENTER. (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. 651 Allendale Road King of Prussia' PA 9406 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 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) da s afte its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THF. REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, JOHN STATI..ER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291. BY THE COURT: Supreme Court ID# Attorney for: Defendant :DATE: j v`1 j aa! I Y Seal of the Court RE: FRED LEWIS vs. ERIE INSURANCE EXCHANGE CASE NO. 13-7025 RECORDTRAK FILE #: 262801; TAG 16 LOCATION: SUMAS SPINE & NEUROSURGERY CARE CENTER RECORDS PERTAIN TO: FRED L. LEWIS SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PA1'IhNTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CER1'1rICATION AND RETURN WITH THE RECORDS.**************X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * **INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. MARIAELAINA SUMAS**