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HomeMy WebLinkAbout14-5505 � a Supreme Cod nnsylvania Coup f Cemmo 4leas For Prothonotary Use Only: C it 7 ver`S- fv t Docket No: j t 'STI Cu rl nd County J The information collected on this form 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 X' Complaint 0 Writ of Summons ❑ Petition Q Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Michelle A. Aldinger Erie Insurance Company T Dollar Amount Requested: ❑x'within arbitration limits I Are money damages requested? E Yes a No check one O ( ) Qoutside arbitration limits N Is this a Class Action Suit? Q Yes ED No Is this an MDJAppeal? 13 Yes El No A Name of Plaintiff/Appellant's Attorney: Andrew C. Spears Check here if you have no attorney(are a Self-Represented JPro Sed Litigant) 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 it Buyer Plaintiff Administrative Agencies Malicious Prosecution IJ Debt Collection:Credit Card ® Board of Assessment x Motor Vehicle [3Debt Collection:Other Board of Elections Nuisance ® Dept.of Transportation E] Premises Liability © Statutory Appeal:Other S L! Product Liability (does not include Employment Dispute: E mass tort) © Slander/Libel/Defamation Discrimination i� C ® Other: Employment Dispute: Other Zoning Board T 1] Other: I J Other: O MASS TORT © Asbestos N _ Tobacco Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS M Toxic Waste Other: n Ejectment E] Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation ® Declaratory Judgment n Ground Rent Mandamus Landlord/Tenant Dispute Non-Domestic Relations IJ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 1© Partition [3 Replevin Q Legal 0 Quiet Title M Other: i] Medical ❑ Other: J Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Michelle A.Aldinger, Plaintiff q_ V. Civil Action-Law Erie Insurance Company, G Defendant s �n NOTICE c- 77 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fc(rth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800)990-9108 (717)249-31.66 lls. 7s C 379Vs l Y$ it AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20)dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Andrew C. Spears (PA 87737) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 spears@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE A. ALDINGER, 9 Pine Ridge Circle Enola, PA 17025 NO.: Plaintiff, CIVIL ACTION—LAW V. ERIE INSURANCE COMPANY, 2200 W. Broad Street P.O. Box 4286 Bethlehem, PA 18018 Defendant. COMPLAINT Plaintiff, Michelle A. Aldinger ("Ms. Aldinger"), by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, makes this Complaint against Defendant, Erie Insurance Company ("Defendant"), and avers as follows: 1. Ms. Aldinger is an adult individual currently residing at 9 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania. 2. Defendant is, upon information and belief, a corporation organized and existing under the laws of Pennsylvania, with a registered office address of 2200 W. Broad Street, P.O. Box 4286, Bethlehem, Northampton County, Pennsylvania. Defendant regularly writes and sells automobile insurance policies in Cumberland County, Pennsylvania. 3. At all times material hereto, Ms. Aldinger was the owner and operator of a 2013 Volkswagen CC, bearing Pennsylvania license plate number HXW4082 ("Plaintiffs Vehicle"). 4. At all times material hereto, John Nevin White was the owner and operator of a 1998 Lincoln Town Car, bearing Pennsylvania license plate number DLY0492 ("White's Vehicle"). 5. At all times material hereto, an unknown male was the operator of a mid 1990's Volkswagen Jetta("Tortfeasor's Vehicle"). The Pennsylvania registration number is unknown. 6. At all times material hereto, Ms. Aldinger was covered under a policy of automobile insurance by Defendant. Said policy provided for full tort coverage. A copy of the declarations page of said policy is attached hereto as Exhibit"A". 7. At all times material hereto, it was daylight and there were no adverse weather or road conditions. 8. On or about July 23, 2012, at approximately 7:15 p.m., Ms. Aldinger was traveling northbound on South 3rd Street in Lemoyne Borough, Cumberland County, Pennsylvania. 9. At approximately the same time and place, White's Vehicle was traveling behind Plaintiff's Vehicle on South 3rd Street. 2 10. At approximately the same time and place, the Tortfeasor's Vehicle was traveling behind White's Vehicle on South 3rd Street. 11. While traveling on South 3rd Street, Plaintiffs Vehicle slowed to a stop due to traffic congestion, and White's Vehicle came to a stop behind it. 12. At approximately the same time and place, Tortfeasor's Vehicle failed to react safely to White's Vehicle, which was lawfully stopped in front of him, and suddenly and without warning, violently struck the rear of the White's Vehicle, which in turn was pushed forward, violently colliding with the rear end of Plaintiffs Vehicle. 13. Immediately after the collision, Tortfeasor's Vehicle fled the scene. 14. As a direct and proximate result of the aforementioned collision, Ms. Aldinger sustained personal injuries including, but not limited to, a herniated disk at L5-S, migraines, as well as pain in her neck, shoulders, mid and low back, buttocks, right leg, right arm, and right hand. 15. As a direct and proximate result of the aforementioned collision, Ms. Aldinger has been compelled to receive and undergo extensive medical treatment and care and expend various sums of money and/or incur various expenses for which medical benefits are payable. She will be obligated to continue to expend and/or incur the same for an indefinite period of time in the future. 16. As a direct and proximate result of the aforementioned collision, Ms. Aldinger has been, and probably will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 3 17. As a direct and proximate result of the aforementioned collision, Ms. Aldinger has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. 18. Prior to the aforementioned collision, Defendant issued a policy of automobile insurance to Ms. Aldinger, policy number Q09-0410471H, under which Ms. Aldinger was a named insured. Said policy was in effect on July 23, 2012, the date of the aforementioned collision. See Plaintiff's Exhibit"A". 19. At the time of the collision, Ms. Aldinger's policy with Defendant provided for uninsured motorist (UM) coverage for$250,000 per person and $500,000 per accident. 20. As a result of the selection of UM benefits, Ms. Aldinger paid, and Defendant accepted, increased premium payments. 21. On or about February 25, 2014, Ms. Aldinger notified Defendant, her insurance company, that she would be pursuing a claim for Uninsured Motorist(UM) benefits. 22. On or about April 30, 2014, Defendant's insurance adjuster, Douglas Kocher, extended an offer of$7,500.00 to settle Ms. Aldinger's UM claim. Defendant also requested that Ms. Aldinger produce pre motor vehicle accident records, a DME report, and discovery regarding a prior accident that occurred in 2009. 23. On or about May 14, 2014, Ms. Aldinger submitted to Defendant the previously requested information. 24. On or about July 8, 2014, once Defendant reviewed the previously requested information, Douglas Kocher extended the same offer of$7,500.00 to settle Ms. Aldinger's UM claim. 4 25. As Defendant has been unwilling to increase its offer, Ms. Aldinger has thus been compelled to file a claim in this court. COUNT I -BREACH OF CONTRACT Michelle A. Aldinster v. Erie Insurance Company 26. All prior paragraphs are incorporated herein as if set forth fully below. 27. Ms. Aldinger has fully complied with the terms, conditions, and duties required under the policy. 28. Defendant has failed to objectively and reasonably evaluate Ms. Aldinger's claim. 29. Defendant has failed to promptly offer payment of the reasonable and fair value of the UM claim to Ms. Aldinger. 30. Defendant failed to reasonably investigate Ms. Aldinger's claim inasmuch as a thorough and proper inquiry would have revealed that Ms. Aldinger sustained injuries, damages, and losses which reasonable compensation would have required an offer of the UM policy limits. 31. As Ms. Aldinger's insurer, Defendant owes a fiduciary, contractual, and statutory obligation to investigate, evaluate, and negotiate the UM claim in good faith and to arrive at a prompt, fair and equitable settlement. 32. For the reasons set forth above, Defendant has violated its obligations under the policy. 5 D WHEREFORE, Plaintiff, Michelle A. Aldinger, respectfully requests this Honorable Court enter a judgment in her favor, together with compensatory damages, interest, cost of suit, attorney's fees, and such other relief as this Honorable Court deems just and proper. Respectfully submitted, HANDLER,HENNING&ROSENBERG,LLP Dated: September , 2014 By: rr�"— Andrew C. Spears (PA 87737) Attorneys for Plaintiff, Michelle A. Aldinger 6 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands , that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: �.�� /z/ emsAL Miche . Aldinger Andrew C.Spears Attorney ID#87737 HANDLER, HENNING&ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff(s) Fax : (717)233-3029 E-mail: Spears@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Michelle A.Aldinger, Plaintiff V. Erie Insurance Company Civil Action-Law Defendant(s) CERTIFICATE OF SERVICE On, September 15, 2014, 1 hereby certify that a true and correct copy of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Douglas Kocher ERIE INSURANCE GROUP 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP A drew . Spears Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY QF CF OF TRE StiE,RIFF f, I LEuOFF THE PROT HONJ TA 1; 2311; OCT - 1 PM 2: 37 CUMBERLAND COUNTY PENNSYLVA 4IA Michelle Aldinger vs. Erie Insurance Company Case Number 2014-5505 SHERIFF'S RETURN OF SERVICE 09/22/2014 02:43 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Mike McGaw, Supervisor, who accepted as "Adult Person in Charge for Erie Insurance Company at 4901 Lose Drive, Lower Allen Township, Mechanicsburg, PA 17055. WTLEIAM NE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, September 23, 2014 RONF R ANDERSON, SHERIFF (c) CouritySuite Sheriff, Toleosoft, TiEPROT . 1.4 OCT -9 CUMBERL AN PENNSYL JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Erie Insurance Company MICHELLE A. ALDINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW ERIE INSURANCE COMPANY, : NO. 14-5505 Civil Term Defendant : JURY OF TWELVE PERSONS DEMANDED STIPULATION AND NOW, come the parties to the above -captioned case, by and through their respective counsel, who hereby agree and stipulate as follows: 1. The proper Defendant in this case should be Erie Insurance Exchange. 2. Erie Insurance Exchange is substituted as the Defendant in this case in place of Erie Insurance Company. 3. All references in the Complaint to Erie Insurance company shall be deemed to apply to Erie Insurance Exchange. 4. Paragraphs 22-25 of the Complaint are stricken and dismissed. HANDLER, HENN NG & ROSENBERG, LLP Date: VAA\ By: Andrew C. Spears, Esquire PA Superior Court ID No.: 87737 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, Date: /0 ( /tCf By: 655112 EWArT John A. Statler, Esquire PA Superior Court ID No. 43812 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant E DNER CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Stipulation upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of October, 2014 addressed to the following: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JO ON, DUFFIE, ST WART & WEIDNER By: John A. Stat r rsdi�' 1� i' v �• THE PROTHONO 0A 2014 OCT 15 AM It: 3 MICHELLE A. ALDINGEMBLRLAND CQUNTIfl THE COURT OF COMMON PLEAS OF Plaintiff PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ERIE INSURANCE COMPANY, NO. 14-5505 Civil Term Defendant JURY OF TWELVE PERSONS DEMANDED ORDER t AND NOW This l�t� daY , up of U CA o Vr 2014on consideration of the stipulation of the parties, it is hereby ORDERED that: 1. Erie Insurance Exchange is substituted as the Defendant in this case in place of Erie Insurance Company. 2. The caption of this case shall be reformed to reflect that Erie Insurance Exchange is the Defendant. 3. All references in the Complaint to Erie Insurance Company shall be deemed to apply to Erie Insurance Exchange. 4s Paragraphs 22-25 of the Plaintiff's Complaint are stricken and dismissed. BY THE COURT: J. Distribution: ..,-Andrew C. Spears, Esq., Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 John A. Statler, Esquire, Johnson, Duffie, Stewart & Weidner, P.C., 301 Market Street, Lemoyne, PA 17043 Co i es ►1na, cd JOHNSON, DUFFIE, STEWART & WEIDNER#i` iT By: John A. Statler I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com MICHELLE A. ALDINGER, Plaintiff v. ERIE INSURANCE EXCHANGE, Defendant '' • ;i.COUNTY Y."1,. `J :;Atii E: VA i Attorneys for Defendant Erie Insurance Exchange : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14-5505 Civil Term JURY OF TWELVE PERSONS DEMANDED NOTICE TO PLEAD TO: Michelle A. Aldinger, Plaintiff c/o Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorneys for Plaintiff 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. Date: /0/2-7 b y JOHN By: UFFIE, STEWART & WEIDNER John A. Statler, Esquire 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 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Erie Insurance Exchange MICHELLE A. ALDINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. ERIE INSURANCE EXCHANGE, Defendant CIVIL ACTION — LAW NO. 14-5505 Civil Term JURY OF TWELVE PERSONS DEMANDED ANSWER OF DEFENDANT ERIE INSURANCE EXCHANGE TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Erie Insurance Exchange, by and through its counsel, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answer and New Matter in response to the Plaintiff's Complaint: 1. Admitted. 2. Denied as stated. Erie Insurance Exchange is an unincorporated reciprocal insurance exchange. It is admitted that Erie Insurance Exchange has a principal place of business located at 2200 West Broad, Bethlehem, Pennsylvania. It is also admitted that Defendant regularly writes and sells automobile insurance policies in Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted on information and belief. 5. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to truth or falsity of the averments in this Paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this Paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 8. Admitted on information and belief. 9. Admitted on information and belief. 10. Admitted on information and belief. 11. Admitted on information and belief. 12. It is admitted that the tortfeasor's vehicle struck the rear of White's vehicle which in turn struck the rear of Plaintiff's vehicle. 13. Admitted on information and belief. 14. 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, the averments in this Paragraph are denied pursuant to Pa.R.C.P. 1029(e). 15. 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, the averments in this Paragraph are denied pursuant to Pa.R.C.P. 1029(e). 16. 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, the averments in this Paragraph are denied pursuant to Pa.R.C.P. 1029(e). 17. 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, the averments in this Paragraph are denied pursuant to Pa.R.C.P. 1029(e). 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Dismissed pursuant to Court Order dated October 15, 2014. 23. Dismissed pursuant to Court Order dated October 15, 2014. 24. Dismissed pursuant to Court Order dated October 15, 2014. 25. Dismissed pursuant to Court Order dated October 15, 2014. COUNT I — BREACH OF CONTRACT MICHELLE A. ALDINGER vs. ERIE INSURANCE EXCHANGE 26. Defendant incorporates by reference its answers to the averments in Paragraphs 1 through 25 of the Plaintiff's Complaint as if set forth at length. 27. It is admitted that to date Ms. Aldinger has fully complied with the terms, conditions and duties required under the policy. 28. Denied. It is specifically denied that Defendant has failed to objectively and reasonably evaluate Ms. Aldinger's claim. 29. Denied. It is specifically denied that Defendant has failed to promptly offer payment of the reasonable and fair value of the UM claim to Ms. Aldinger. 30. Denied. It is specifically denied that Defendant failed to reasonably investigate Ms. Aldinger's claim and denied that a thorough and proper inquiry would have revealed that Ms. Aldinger sustained injuries, damages and losses which reasonable compensation would have required an offer of the UM policy limits. 31. 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 Defendant owes a fiduciary duty to the Plaintiff. By way of further answer, the balance of the averments in this Paragraph are denied pursuant to Pa.R.C.P. 1029(e). 32. Denied. It is specifically denied that Defendant has violated its obligations under the policy. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests that the Plaintiff's Complaint be dismissed and that judgment be entered in favor of Defendant Erie Insurance Exchange and against the Plaintiff in this case. NEW MATTER By way of additional Answer and Reply, Defendant Erie Insurance Exchange raises the following new matters: 33. Some or all of the Plaintiff's 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 some of all of the Plaintiff's damages have been paid or are payable by insurance, group contract or other arrangements for payment, then claims for those damages are barred both by 75 Pa. C.S.A. § 1722 and by the defense of payment generally. WHEREFORE, Defendant Erie Insurance Exchange respectfully requests that judgment be entered in its favor and against the Plaintiff in this case. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: IC /1;7 // y' By: :658982 John A. Statler, f ire PA Superior Court ID No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Erie Insurance Exchange VERIFICATION I, Douglas Kocher, hereby acknowledge that Erie Insurance Exchange is a 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. Do glas Kocher DATE: /l%/WY CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendant Erie Insurance Exchange to Plaintiff's Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 27 day of October, 2014 addressed to the following: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JO .` i i FFIE, STEWART & WEIDNER By: John A. Statler Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. ALDINGER, Plaintiff v. ERIE INSURANCE EXCHANGE, Defendant(s) On, ///3/,/1( 14-5505 Civil Action - Law CERTIFICATE OF SERVICE , I hereby certify that a true and correct copy of Plaintiff's Answers to Defendant's Interrogatories was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Dated: /�j JAy John A. Statler, Esq. Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for: Michelle A. Aldinger HANDLER, H,EfINING & ROSENBERG, LLP Andrew C. Spears Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com , ACL }ry Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. ALDINGER, Plaintiff v. ERIE INSURANCE EXCHANGE, Defendant(s) On, 1113/19 14-5505 Civil Action - Law CERTIFICATE OF SERVICE , I hereby certify that a true and correct copy of Plaintiffs Responses to Defendant's Requests for Production was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Dated: \V\ 11� John A. Statler, Esq. Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 HANDLER, HENN G & ROSENBERG, LLP Andrew C. Spears Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com —CVHC: i•cE. PROTHONDIAF WV 1 (4 AN 11: 0 1 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. ALDINGER, Plaintiff v. ERIE INSURANCE EXCHANGE, Defendant 14-5505 Civil Action - Law PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Michelle A. Aldinger, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and responds to the Defendant's allegations of New Matter as follows: 33. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 34. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 1 WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendants New Matter, enter judgment in her favor and enter such other Orders as are equitable and just. HANDLER, HENNING & ROSENBERG, LLP By: DATED: \1\ Andrew C. Spears, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 spears@hhrlaw.com (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spears Esquire Date: November 7, 2014 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hlulaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michelle A. Aldinger, Plaintiff v. Erie Insurance Company Defendant(s) Civil Action - Law CERTIFICATE OF SERVICE On, November 7, 2014, I hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Douglas Kocher ERIE INSURANCE GROUP 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. ALDINGER, Plaintiff(s) v. ERIE INSURANCE EXCHANGE, Defendant(s) 14-5505 Civil Action - Law PRAECIPE TO THE PROTHONOTARY: Please substitute the attached Verification for the Attorney's Verification in the recently filed Reply to New Matter in this case. HANDLER HENNING & ROSENBERG, LLP By: Date: November 18, 2014 Andrew C. Spears VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, 1 have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. e2_ aadel Michelle A. Aldinger Date: Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. ALDINGER, Plaintiff(s) 14-5505 v. Civil Action - Law ERIE INSURANCE EXCHANGE, Defendant(s) CERTIFICATE OF SERVICE On, November 18, 2014, I hereby certify that a true and correct copy of Praecipe to Substitute was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Dated: 11 l6l�( John A. Statler, Esq. Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for: Michelle A. Aldinger HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears CERTIFICATE -j PREREQUISITE TO SERVICE OF A SUBPOENA f-r_�1F•G j if PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA MICHELLE ALDINGER vs. TERM: ERIE INSURANCE EXCHANGE CASE No: 14-5505 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 : 12/02/2014 RecordTrak on behalf of /S/ JOHN STATLER Attorney for Defendant RT#: 273141 RECORDS PERTAIN TO: MICHELLE ALDINGER MICHELLE ALDINGER COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: ERIE INSURANCE EXCHANGE : DOCKET: 14-5505 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: ANDREW SPEARS HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 (717) 233-3029 November 10, 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 December 1, 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 December 1, 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 1 HARRISBURG HOSPITAL (RAD) 2 PINNACLE HEALTH IMAGING/TRISTAN RADIOLOGY SPEC ilea,:_ 3 ELEMENTS THERAPEUTIC MASSAGE 4 DR. STEPHEN RYDESKY,JR 5 CHANGES SALON AND DAY SPA 6 CUMBERLAND FAMILY PRACTICE 7 PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INST 8 ARLINGTON ORTHOPAEDICS 9 HOLY SPIRIT HOSPITAL (RAD) 10 PRISM __..._ 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: 273141.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE 31. File No: 14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HARRISBURG 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. 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 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 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: RccordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (8001220-1291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court BY THE COURT: RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 1 LOCATION: HARRISBURG HOSPITAL (RAD) RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS, INCLUDING RADIOLOGY STUDIES FROM FREDERICKSEN DIAGNOSTIC DEPARTMENT W/ EXCEPTION OF ANY MAMMOGRAM STUDIES FROM X/XXXX-PRESENT RT: 273141.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE •'i File No:14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH IMAGING/TRISTAN RADIOLOGY SPEC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce following documents or things: See attached rider, at el 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this snbpoeni together with the certificate of compliance, to the party making this request at the address fisted 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: (8001 220-1291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court BY THE COURT: RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 2 LOCATION: PINNACLE HEALTH IMAGING/TRISTAN RADIOLOGY SPEC RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: 1. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS, INCLUDING RADIOLOGY STUDIES FROM HERITAGE DIAGNOSTIC FROM X/1 /XXXX TO PRESENT. RT: 273141.3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE File No:14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FI FMENTS THERAPEUTIC MASSAGE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the 3. following documents or things: See attached rider. at 651 Allendale Road Icing, 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 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: (800) 2201291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court II !I 1 Li 1 BY THE COURT: RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 3 LOCATION: ELEMENTS THERAPEUTIC MASSAGE RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X . OTHER ANY AND ALL RECORDS AND BILLINGS FOR THERAPEUTIC MASSAGES, INCLUDING QUESTIONNAIRES FROM X/XX/XXXX-PRESENT A RT: 273141.4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE File No: 14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. STEPHEN RYDESKY,JR (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 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 compiy 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; tl n /Y Seal of the Court BY THE COURT: RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 4 LOCATION: DR. STEPHEN RYDESKY,JR RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X . ALL MEDICAL RECORDS DATED X/XX/XXXX TO PRESENT ONLY. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. RT: 273141.5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDJNGER v. ERIE INSURANCE EXCHANGE 3a File No: 14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CHANGES SALON AND DAY SPA (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 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 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: (80Q) 220-1291 Supreme Court ID#1 Attorney for: Defendant DATE: Seal of the Court BY THE COURT: 5- RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 5 LOCATION: CHANGES SALON AND DAY SPA RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X. ANY AND ALL RECORDS AND BILLINGS FROM X/XX/XXXX TO PRESENT RT: 273141.6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE '.i File No: 14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND FAMILY PRACTICE (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 mall legible copies of the documents or produce things requested by this subpoem 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 atter 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: It 1/'-4 Seal of the Court BY THE COURT: .h; RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 6 LOCATION: CUMBERLAND FAMILY PRACTICE RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X . ALL MEDICAL RECORDS DATED X/X/XXXX-X/X/XXXX AND X/XX/XXXX-PRESENT ONLY. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. RT: 273141.7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE File No:14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA 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 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 or preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days ate 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) 220-1291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court BY THE COURT: } RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 7 LOCATION: PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INST RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X . ALL MEDICAL RECORDS DATED X/XX/XXXX TO PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. :tc RT: 273141.8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE File No:14-5505 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ARLINGTON ORTHOPAEDICS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce they 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 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 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: (800) 220-1291 Supreme Court rim Attorney for: Defendant DATE: t 1 ))1/ Seal of the Court BY THE COURT: 3.. RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 8 LOCATION: ARLINGTON ORTHOPAEDICS RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X . ALL MEDICAL RECORDS DATED X/X/XXXX TO PRESENT ONLY. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY STUDIES, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. RT: 273141.9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE '3 File No: 14-5505 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. 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 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: (800) 220-1291 Supreme Court ID# Attorney for: Defendant DATE.: _441341/ Seal of the Court BY THE COURT: • '311 RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 9 LOCATION: HOLY SPIRIT HOSPITAL (RAD) RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X. 1. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS FROM 1/X/XXXX TO PRESENT 'V, RT: 273141.10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE ALDINGER V. ERIE INSURANCE EXCHANGE TO: PRISM File No:14-5505 SUBPOENA TO PRODUCE 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 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 subpoeu: 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: ($00)220-1291 Supreme Court ID# Attorney for; Defendant DATE; Seal ofthe Court 1i BY THE COURT: RE: MICHELLE ALDINGER vs. ERIE INSURANCE EXCHANGE CASE NO. 14-5505 RECORDTRAK FILE #: 273141; TAG 10 LOCATION: PRISM RECORDS PERTAIN TO: MICHELLE ALDINGER SS #: , DOB: X . ALL MEDICAL RECORDS DATED X/XX/XXXX-PRESENT ONLY. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.