HomeMy WebLinkAbout92-0195
-----------.
c: J; I terM.
No ,~q;L - I~ S-
1 ().. <A.b <- e+" \
\})
&ru '^P
..---
\__ rl L
--
\ 1'\ SuJU 1'1 (. c..
-
0.\\+1 \'.."-1 s
1- 64-05 _;JJ;OrJ
p(i or 10
"at SeJlfl./tCo...
{).rL
ANGINO & ROVNER, P.C.
Richard C. Angino
Attorney ID#: 07140
Joan L. Stehulak
Attorney ID#: 29496
Daryl E. Christopher
Attorney ID#: 91895
4503 North Front Street
Harrisburg, P A 17\\ 0-1708
(7\7) 238-6791
FAX (717)238-56]0
E-mail: rca@ANGINO-ROVNER.COM
E-mail:JSTEHULAK@ANGINO-ROVNER.COM
E-mail:DcHRISTOPHER@ANGINO-ROVNER.COM
ORIGINAL
Attorneys for Plaintiff(s)
JEAN TAUBE, in her own right and
as Guardian ofthe Estate and
Person of Thomas Taube, an
Incompetent, and all others
similarly situated,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
v.
NO. 195 Civil 1992
CLASS ACTION LAWSUIT
ERIE INSURANCE EXCHANGE, d/b/a
ERIE INSURANCE GROUP and
ERIE INSURANCE COMPANY, d/b/a
ERIE INSURANCE GROUP,
Defendants.
JURY TRIAL DEMANDED
JOINT MOTION FOR APPROVAL OF CLASS
ACTION SETTLEMENT PURSUANT TO Pa.R.C.P. 1714
AND NOW, this 4th day of April, 2006, come the parties, by and through their undersigned
attorneys and hereby move this Honorable Court for approval of settlement of the above-captioned
class-action lawsuit pursuant to Rule 1714 of the Pennsylvania Rules of Civil Procedure, and state
the following in support thereof:
I. This lawsuit was commenced by a Complaint filed by Jean Taube with this Court
on January 16, 1992.
Ii.
!
2. Mrs. Taube alleged that her son, Thomas, had sutl'ered permanent, disabling
injuries in an auto accident, which occurred when he was an insured on a policy of auto insurance
issued by one of the defendants pursuant to the Pennsylvania No-fault Motor Vehicle Insurance
Act, 40 P.S. 91009.101 et seq. (Repealed effective October I, 1984).
3. Mrs. Taube alleged that her son required "custodial care", i.e. care which was
necessary due to his disabilities but which did not serve to reduce his disabilities.
4. Mrs. Taube further allcged that the defcndants had wrongfully attempted to settle
Mr. Taube's claim for benefits fur "custodial care" under the No-fault Act following a court
decision, Pennsylvania National Mutual Casualty Insurance Company v. Fertig, 555 A. 2d 208
(Pa. Super. 1989) which had held that "custodial care" was not compensable under the No-fault
Act. Fertig was later reversed at Drake v. Pennsvlvania National Mutual Casualtv Insurance
Company, 601 A.2d 797 (Pa. 1992).
5. On February 2, 1993, Mrs. Taube filed a Sccond Amended Complaint in which
sbe claimed:
a. "Defendants' actions both before and since July I, 1990, represent breach
of their fiduci,lfY duties and duties of good faith and fair dealing to their insurcds," and
b. "Defendants' actions both before and since July I, 1990, constitute bad
faith warranting interest, punitivc damages, court costs and attorney's fees to be assessed
against the Defendants."
6. Mrs. Taube also sought certification of a class of similarly situated persons,
consisting of thosc persons insured by defendants whom defendants approached with an offer to
settle tbeir claims for "custodial care" benefits following Fertig.
32.1071
2
I'
"
"
7. By Order dated August 23, 1993, this Honorable Court certified a class of
plaintiffs as follows:
32JO?l
The guardians and representatives and/or all injured victims with whom
Erie attempted to and/or actually succeeded in entering into agreements
to accept less than the actual cost of skilled medical care required by
claimants on the basis of its interpretation that such care was custodial
and not reimbursable under the No-Fault Act, Pennsvlvania National
Mutual Casualty Insurance Company v. Ferti~, 382 Pa. Super. 335, 555
A.2d 208 (\989) rev'd, Drake v. Pennsylvania National Mutual Casualtv
Insurance Company, 529 Pa. 44, 60 I A.2d 797 (1992). This class
certification shall pertain only to Plaintiffs' cause of action for bad faith.
8. The plaintift:class ultimately consisted of thirty-six members, as follows:
1.
2.
3.
4.
5.
6.
7
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23-
24.
25.
26.
27.
28
29.
30.
Christine Adams
Linda Andrews
Ray Andrews
Donna Begliomini
Edward Bobko
Joan Bower (deceased as of the date the parties reached this proposed
settlement, i.e. August 17,2005)
Mark Brown
Mark Congini
John Danella
Donald Devlin
Mary Hill
Dr. Gail Kemmerer
Karl "Kirk" Kemmerer, Jr.
John Kovacic, Jf. (deceased as of August 17,2005)
Mark Kowal
Mark Lasko
Daryl Levan
Gerald Marchitclli
Jamie Mattys
Roger Miles
Dustin Miller
Charmaine Nuss (deceased as of August 17, 2005)
Angela Olshefski
.I ohn Pickell
Mary Porvaznik (deceased as of August 17, 2005)
Mark Pugh
Amy Ruhlman (deceased as of August 17,2005)
Richard Simmons (deceased as of August \ 7,2005)
Harry Skiles (deceased as of August 17, 2005)
Patricia Skrout
3
I'
31. Keith Stair
32. Cindy Strickland
33. Mary Ann Stull (deceased as of August 17,2005)
34. Thomas Taube
35. Daniel Tezak
36. Robert Weisenford (deceased as of August 17,2005)
9. Through the long history of this case the parties did extensive written diseovcry,
produced thousands of pages of documents, took numerous depositions and briefed and argued
multiple procedural and legal issues. Plaintilrs counsel also regularly communicatcd with the
many class members via telephone calls and letters to them and their families, and worked with
medical professionals to develop necessary medical cvidcnce. Attached as Exhibit A is thc
Angino & Rovncr firm's black book sheet showing activitics undertaken hy plaintitls' counscl
with regard to this case. Also attached as Exhibit B is the Cumberland County docket entries
showing 88 separate entrics.
10. Since this case hegan ovcr 13 ycars ago, plaintiffs' counsel has incurred over
$50,000.00 (Fifty-Thousand Dollars) in out-of-pockct expenses.
II. The case was listed fur trial in 2002, but on January 16,2002, the Court granted a
continuance to await the Pcnnsylvania Supreme Court's decision in Mishoe v. Erie Ins. Co., 573
fla. 267, 824 A.2d 1153 (2003) (Holding that there is no right to a jury trial in actions for bad
faith brought under 42 Pa. C.S.A. 98371).
12. After Mishoe was dccidcd, the parties engaged in extensive and detailed
settlement negotiations, which included two formal mediation sessions before a former judge of
the Allegheny County Court of Common Pleas, the Honorable David Ward Murpby.
13. Counsel for the parties then met in Harrisburg on Wedncsday, August 17, 2005.
This meeting was thc third major tace-to-facc negotiation between the parties and was the
32307J
4
I'
I
I
culmination of a dialogue that bad remained open since the last formal mediation in June of
2005.
14. At the August 17,2005 meeting, the parties agreed to seWe this lawsuit on the
following terrns, subject to this Court's approval:
323071
a. The defendants will pay Three Million Five I lundrcd Thousand Dollars
($3,500,000) to the members of the plaintiff-class;
b. The defendants will pay One Million One Hundred Thousand
($ I,] 00,000) to counsel for the plaintift~c1ass for attorneys fees and costs;
c. Erie will be released and forever discharged from any liability Ii.'r damages
of any kind, type or description sought or recovcrablc for the following:
1. All those claims for bad faith, including, but not limited to, all
claims for damages recoverable under 42 Pa.C.S.A. !l 8371 and/or
under the common law of bad faith, articulated by the plaintifT
and/or the plaintiff-class in the Second Amended Complaint liIed
in this action on February 17, ] 993;
2. All claims for bad faith, including, but not limitcd to, all claims fur
damages recoverable under 42 Pa.C.S.A. !l 8371 and/or under the
common law of bad faith, cncompassed within the class
certification order of this Court at IN RE: Motion for Class
Certification, dated August 23, 1993, and tiled August 24, 1993;
and
3. All claims for bad faith, including, but not limited to, all claims fur
damages recoverable under 42 Pa.C.S.A. 98371 and/or under the
common law of bad faith, which could have been pursued by the
plaintifT and/or the plaintiff-class, or any member thcreof: within
this litigation, that is, any and all claims of whatever type whieh
could have been pursued in this action pursuant to the
aforementioned Second Amended Complaint or through further
amendment of thc Second Amended Complaint including, but not
limited to, any claim for damages arising from alleged
underpayment of "custodial care" benefits to any member of the
plaintitl'-c1ass as a result of settlement or otherwise, and any claim
of disparate treatment of members of the plaintift~c1ass deriving
from alleged underpayment of "custodial care" benefits as a result
of scttIement or otherwisc.
d.
Both parties will keep thc settlement confidential and will jointly reqllcst
that thc record of the lawsuit be sealed.
5
I,
e. The plaintiffs will direct that the lawsuit be discontinued with prejudice.
15. Plaintift:~' counsel belicves that the settlement in this case is reasonable because:
a. The plaintiff-class faced the possibility of recovering nothing if the Court
were to determine that the defendants' actions wcre based on a reasonable interpretation
ofthe law as it existed from 1990-1992;
b. The plaintiff-class faced the possibility of recovering nothing if the Court
were to determine that the procedures used by the defendants to approach the members
of the plaintiff-class with setUemcnt offers and to obtain court approval of these
settlements werc reasonable and not designed to mislead the members of tbc plaintiff-
class;
c. Many members of the plaintiff-class did not settle their claims for
custodial care benefits, and thus the Court may have fuund that those plaintit1s were not
harmed in any way by Eric's actions; and,
d. The class was certified as to bad faith only and at least 12 class membcrs
have already had their custodial care scttlements set aside or modified, allowing them to
potentially recover increased custodial care payments and, in some instances,
compensatory damages.
16. The payment by the defendants should not be interpreted as an admission of any
liability, as the defendants do not admit any liability in this case.
17. The payment by the defendants is intended to permanently and irrevocably settle
any and all claims fur statutory or common law bad faith as described at Paragraph 14(c) above
which any and all of the class members may have fur any and all actions or omissions of the
defendants occurring at any time before August 17,2005.
323071
6
18. As noted above, as part of the settlement agreement, tbe partics have agreed to
keep confidential all terms of the settlement.
] 9. As noted aboye, the parties to the settlement agreement request that this Court seal
the record in this case, to further the parties' goal of confidentiality.
20, Plaintiffs' counsel proposes to distribute Three Hundred Thousand Dollars
($300,000) to the lead plaintiff, Jean Taube, guardian of Thomas Taube, because she has worked
with plaintifls' counsel for the last 13 years and because there would be no class action and no
settlement if she had not come furward.
21. Plaintifls' counsel proposes to distribute One Hundred Thousand Dollars
($100,000) to each of the plaintiffs living as of August 17, 2005 because the claimed harm
allegedly caused by the defendants' conduct continued as to them, as opposed to the deceascd
claimants. The claimants living as of August 17, 2005 are as follows: Christine Adams, Linda
Andrews, Ray Andrews, Donna Begliomini, Edward Bobko, Mark Brown, Mark Congini, John
Danella, Donald Devlin, Mary Hill, Dr. Gail Kemmerer, Karl Kemmerer, Mark Kowal, Mark
Lasko, Daryl Levan, Gerry Marchitelli, Jamie Mattys, Roger Miles, Dustin Miller, Angela
Olshefski, John Pickell, Mark Pugh, Patricia Skrout, Keith Stair, Cynthia Strickland and Daniel
Tezak.
22. Plaintiffs' counsel proposes to distribute the remaining money cqually among the
estates of the members of the plaintitl~c1ass who were deceascd as of August 17, 2005. If this
proposed settlement is approvcd, Sixty-Six Thousand Six Hundred and Sixty-Seven Dollars
($66,667) will be distributed to the estates of each of the following claimants: Joan Bower, John
Kovacic, Charmaine Nuss, Mary Porvaznik, Amy Ruhlman, Richard Simmons, Harry Skiles,
Mary Ann Stull and Robert Weisenford.
nJ071
7
11,
23. Plaintiffs' counsel helievcs the One Million One Hundred Thousand Dollars
($l,lOO,OOO) settlement for attorney's fees and costs is reasonablc for thc t(,lIowing reasons:
a. This is the settlement of a bad faith claim, and there is no stated cap on the
amount of fees which may be awarded a plaintiff upon successfully recovering under the
bad faith statute, 42 Pa. C.S.A. 9 8371;
b. The fees agreed upon do not come from No-fault benefits and are not
being imposed by the Court because ofan insurer's unreasonable denial of benefits. Thus
the limit on the amount of attorncy's fees which can be recovered under the No-fault Act
does not apply to this case;
c. The bad faith statute docs not require court approval of any part of a
settlement and approval is sought in this case only because it is a class action;
d. The amount of attorneys ICes and costs is a bargained for and agreed
amount betwcen plaintiffs' counsel and defendants, and the amount thereof does not
reduce the amount defendants havc agrced to pay the members of the plaintiff-class.
e. Although plaintiffs' counsel requested reimbursement of fees and
expenses separatc and apart from the amount to be paid to the class, it is important to note
that the attorney's fee portion of the settlement is approximately 30% of the $3.5 million
recovered for the class, and less than 25% of the gross recovery ($3.5 -t $1.1 = $4.6
million) which is a lower percentage than 33-113, 35, and even 40% of tbe net recovery
commonly charged as fees by plaintiffs' counsel and other attorneys who regularly handle
insurance bad faith cases.
g. Thirteen of the class members, including lead plaintiff Taube, signed
standard powers of attorney providing for fees of between 30% and 40% of the net
12\071
8
recovery (depending on the stage of thc litigation at which payment IS made), plus
expenses;
h. The fullowing thirty-one (31) of the thirty-six (36) class members or their
representatives have signed Consent to Settle documents (Exhibit C) consenting to the
terms of the settlement: Doris Hankey for Ray Andrews, Elmo Begliomini for Donna
Begliomini, Edward Bobko, Jeanne Brown for Mark Brown, Mark Congini, Jeffrey
Devlin for the Estate of Donald Devlin, Dr. Gail Kemmerer, Karl Kemmerer fur Karl
"Kirk" Kemmerer, Linda and John Kovacic for the Estate of John Kovacic Jr., Mark
Kowal, Mark Lasko, Daryl Levan, Gerald Marchitelli, Donna Mattys for Jamie Mattys,
Roger Miles, Dustin Miller, Philip Nuss for the Estate of Charmaine Nuss, Mary Porcino
for Angela Olshefski, Florence Pickcll for John Pickell, Joseph J. Velitsky, Esq. for the
Estate of Mary Porvaznik, Mark Pugh, Kathrynn Hogg for thc Estate of Richard
Simmons, Elizabeth Skrout fur Patricia Skrout, Keith Stair, Cynthia Strickland, Edward
Stull Sr. for the Estate of Mary Ann Stull, Jean Taube fur Thomas Taube, Daniel Tezak
Bonnie Weisenford for the Estate of Robert Weiscnford; Linda Andrews; and David
Ruhlman for the Estate of Amy Ruhlman.
1. Thc class members and/or their rcpresentatives arc adults and capable of
giving thcir consent to the settlement;
J. Plaintiffs' counsel has spent almost 13 years working on the case; and
k. The issues in the case are novel and the case was taken on a contingency
basis with a substantial risk of no recovery.
24. All of the class members have been advised of the terms of the settlement and the
vast majority have signed Consents to Settle.
12.3071
9
II,
ii
I
,
WHEREFORE, for the furegoing reasons the parties respectfully request that this
Honorable Court approve the proposed class-action settlement as described herein, pursuant to
Rule 1714 of the Pennsylvania Rules of Civil Procedure.
Respectfully submitted,
Date 4/~,/uC
ANGINa ~ RO/fV:;' P.c~
'.('~
C'J -
Richar C. Angmo, EsqUire
LD. No. 07140
Joan L. Stehulak, Esquire
LD. No. 29496
Daryl E. Christopher, Esquire
J.D. No. 91895
4503 N. Front Street
Harrisburg, PAl 711 0
(717) 238-6791
Attorneys fur Plaintiffs
Date: ~ -z- q WJfJ
I
MACDONALD, ILLIG, JONES
& BRITTON LLI'
C~hr"\
ralg Murp ey, '.squlre'
J.D. No. 53324
100 State Strect, Ste. 700
Erie,PA 16507-1459
Attorneys for Defendants
928349
J2)071
10
\
~Jhi kit A
------------
DATE OF ORIGINATION
TO FROM
1/8/93
1/8
1/14
I/l5
1/28
2/5
2/10
2/15
2/15
2/19
3/3
3/8
3/9
3/24
3/24
4/27
4/27
4/29
5/3
5/3
6/3
6/30
7/1
7/19
8/25
8/30
9/1
9/1
9/2
9/3
9/3
9/8
9/9
10/1
10/4
10/6
10/7
10/25
10/25
10/27
11/1
1/4
11/15
11/22
11/29
12/1
1212
203016.1 \PGS\LES
DESCRIPTION
RESPONSE
LF Brenner to Judge Hess enc cc of case of Weismer v. Beech-Nut
re: class numerosity
Reed ec of pleadings in Frey case from York Co.
LT Ct Admene PLTS' SUPP BRIEF IN SUPP. OF CLASS CERT.
L T Helen Frey req discussion of her case to reevaluate settlement
L T Helen Frey confirming she does not want to pursue action
ORDER DISMISSING MSJ OF DEFENDANT
L T Brenner req depos of Wisniewski, Alberstadt and Brenner
L T Brenner enc SECOND AMENDED CMPT and rei scheduling of depos
L T Proth enc SECOND AMENDED COMPLAINT
L T Brenner conf depo of Alberstadt and our req to depose Brenner
L T Judge Hess re depos scheduled
L T Brenner re dates for depos and problems w/attorney/c1ient priv information
LF Brenner enc ANSWER TO 2ND AMENDED COMPLAINT
L T Proth enc PL TFS' REPLY TO NM OF 2ND AMEND CMPT
SUPP RPD TO DEFS
Recd errata sheets fo Brenner depo transcript
L T Brenner req resp to PL TFS SUPP RPD
LF Brenner enc DEF'S RESP TO PL TF'S SUPP RPD
L T PRothy enc DE PO TRANSCRIPTS to be filed
L T Judge Hess req decision on MSJ and Class Cert
ERRATA SHEETS TO DEPOS OF WISNIEWSKI, ALBERSTADT
L T Cheffins enc PL TFS SUPP SUBM OF DOCS IN SPT OF CLASS CERT AND
2ND SUPP BRIEF IN SPT OF CLASS CERT
LF Brenner enc SUPP BRIEF OF DEF IN OPP TO CLASS CERT
DE PO TRANSCRIPT OF 1217/92 HRG ON CLASS CERT
ORDER GRANTING CLASS CERTIFICATION
LF Brenner enc. Taube Ifr to Erie re pay incr. for attdts
L T clienf re class cert, sending notice and arrangmts for Tom's care
L T Brenner re contact us re increase in comp, not client
LF Brenner enc. DEF'S MOT.FOR RECONSIDERATION OF ORDER
OF 8/23/93
L T Prothy enc PL TFS' ANS TO MOT FOR RECONSID OF ORDER
L T Brenner req discuss of form of notice
LF Brenner wlrates for nursing care in Taube's area
LF Brenner re not working on notice until determination of reconsideration of order
ORDER DENYING RECONSIDERATION OF CLASS CERTIFICATION
L T Brenner req discussion on form of notice
LF Mrs. Taube re care required for Tom and minimum to be accepted for his care
by caretakers
L T Brenner re Mrs. Taube wants to hire caretakers herself & and if accept amount,
does not waive right in lawsuit
L T Brenner re Mrs. Taube will accept $7.50/hr for tom's care elfecfive 11/1/93
L T Brenner enc draft of NOTICE OF CLASS ACT CERT. AND
EXCLUSION FORM
LF Brenner conf $7.50/hr elf 11/1/93
L T Mrs. Taube conf agrmt of $7.50/hr.
L T Prothy enc PL TFS' ANSWER TO PET FOR CERT OF 8/23/93 ORDER
L T Brenner req status of NOTICE OF CERT, resp by 11/19
L T Brenner w/revised Notice
LF Brenner re proposed changes to notice
L T Ct Admin enc MOT FOR CT TO DETERMINE FORM OF NOT, BRIEF
and proposed ORDER
PL TFS' MOT FOR CT TO DET FORM OF NOT, proposed ORDER
and BRIEF
, 12/15
12/17
12/27
1/3/94
1/31
214
2/4
2/8
2/8
2/10
2/14
2/14
2/14
2/14
2/14
2/14
2/14
2/16
2/14
2/14
2/14
2/15
2/16
2/16
2/17
2/17
2/21
3/3
3/7
3/9
3/9
3/18
3/21
3/24
3/28
3/28
4/1
4/4
4/4
4/6
4/7
4/13
4/14
4/15
4/18
4/19
4/19
4/22
4/28
4/28
203016.I\PGS\LES
LF Brenner enc DEFS' RESP TO PL TFS' MOT RE FOR OF NOTICE
L T Ct Admin enc PL TFS' REPLY BRIEF
LF Brenner enc PET OF DEFS TO STRIKE PL TFS' REPLY BRIEF
PL TFS' REPLY TO DEFS' PET TO STRIKE PL TFS' REPLY BRIEF
ORDER RE CT APPROVED FORM OF NOTICE
NOTICE OF CLASS ACT CERTIF MAILED TO CLAIMANTS
LF Brenner req cc of Notice of Ctass Cert mailed
LF Atty Reybitz enc cc of cmpt filed vs. Erie on behalf of Bobko Estate, req we
take over handling case and include in class action
Faxes cc of Notice to Reybitz
Recd notice back from postal service undelivered (Weisenford)
Recd notices back from postal service undelivered (Adams and Olshefski)
Reed addl docs from Mr. Varo (Strickland)
LF Keith Pemrick (David Ruhlman) re they wish to be in class
LF Mioduszewski req cc of cmpts, opinion, docs, agrmts, etc. in order to advise
clients whether to be in class
L T Mr. Varo (Strickland) enc 2nd amended cmpt
L T Atry Reybitz re we will handle case; forward docs to us
L T Doris Hankey enc PIA to handle case (Ray Andrews)
Resent Weisenford notice to Atty Lieberman
L T Atry Pemrich (Ruhlman) re proced for proceeding as class members, settmt must
be set aside by court, let us know if they want us to rep them
L T Doris Hankey (Andrews) enc PIA for us to rep her in action; req she gather data
as to amount needed for care for brother
L T Jeanne Brown (Mark Brown) rei conf she wants us to rep her; enc PIA; req
she obfain stmts from heallh care providers re amounts needed to care for Mark
L T Atry Mioduszewski (Strickland) re fwd cc of cmpf to Mr. Yare, req cc of atty bills
LF Gertrude Kravetz enc exclusion form (John Kravetz); explanation that he died
10 months ago
Recd notice back from Postal service undelivered (Matrys)
Resent notices for Olshefski and Cohen to their attys
Resent notice for Matrys c/o Greater Ptsbg Guild for Blind
LF Atry Antoniono enc docs re Gerald MarchiteJli
LF Atty Richwine (Levan) re claimant be included in class
LF Reybitz enc time-stmpd entry of app, their bill for serv to date and cc of
corresp wlErie
LF Mark Lasko, address update
If Mioduszewski - Cynthia Strickland will remain a member of class
L T Brenner enc exclusion forms of Kravetz and Castruccl
L T Reybitz req he advise his clients we now rep them (Bobko)
L T Jeanne Brown req she reutrn PIA
LF Mrs. Hankey enc PIA and list of expenses for care of Ray Andrews
L T Brenner re we will pet to open settmt if not agreed to
LF Brenner enc ENTRY OF APP in Bobko action
LF Jeanne Brown enc signed PIA and misc docs
LF Albert Feczko, Esq., (for Mark Pugh) req he be included in class; fwd all
corresp to atry
LF Thomas Brenner, stating that Erie is not willing to stipulate to the opening of
the settlement
LF Thomas Brenner, sfating that Erie does not believe there is a basis for setting
aside the court approved settlement
LF Thomas Brenner re discovery
L T Thomas Brenner re discovery
LF Thomas Brenner re discovery
LF Thomas Brenner, re strategy for scheduling depos
L T Thomas Brenner re discovery
PLS' MOT. F/AN ORDER REQUIRING THAT DEFS. PAY REASONABLE
EXPENSES, INCLUDING A TTY'S FEES, FOR OEPOS TAKEN BY
DEFS MORE THAN 100 MILES FITHE COURTHOUSE
Order of Judge Hess
DEFS' RESP. T/PLS' MOT. F/ATTY'S FEES FI DEPO.OF PLS.
ORDER issuing a Rule on Defendants to show cause why the relief requested
by Plaintiffs should not be granted.
5/3 L T Thomas Brenner sending him a copy of the Order
re Expenses for Depositions
5/9 L T Thomas Brenner re mefhod of discovery
5111 L T Thomas Brenner
7/28 LF Thomas Brenner enclosing revised letter to be forwarded to counsel for insureds
to allow for deposition scheduling
8/3 L T Thomas Brenner re 7/28 entry above
9/21 LF Thomas Brenner re discovery scheduling
9/26 L T Thomas Brenner re discovery scheduling
10/12 LF Conner & Riley re Mark Kowal (addressed to RCA)
10/27 L T S. E. Riley, Jr., Esquire
11/17 CCs of letters to counsel from Thomas Brenner rei scheduling depositions
12/5 L T Chirstopher F. Farrell, Esquire sending copy of Complaint & Ans. & NM 12/5
LF Nancy McRandal DiMartini, Esquire re discovery
12/6 L T Robert Lorantas re Claim of Justin Lorantas
12/9 L T Robert Lorantas
12/13 LF Robert M. Lorantas enclosing executed Exclusion Form on behalf of
Justin Lorantas
3/2/95 CC of LF Brenner to Paul Hensel, Esquire
312 CC of LF Brenner to Douglas R. Heir, Esquire
3/3/95 NOTICE OF DEPO - DAVID CLEAVER - 6/20/95
3/3/95 cc LF Brenner to Mark Lasko req. deposition
6/6 L T David Cleaver confirming telephone conference
6/6 L T Brenner re scheduling of depositions
6/8 L T Brenner re discovery
6/12 CC of LF Bruce Briody to Thomas Brenner
6/12 LF Barry C. Shabbick, Esquire re Keith Stair
6/12 CC of LF Thomas Brenner fo Martin J. Meyer, Esquire
6/12 L T Barry C Shabbick, Esquire (re Eric Stair)
6/14 CCs of letters from Thomas Brenner to counsel to be deposed
6119 CC of LF Chester Reybitz to Thomas Brenner re Bobko
6/22 LF Thomas Brenner (re Bower)
6/22 LF Thomas Brenner enclosing exhibits referenced af deposition of David
Cleaver (re Brown)
6/23 DEPOSITION TRANSCRIPT OF DAVID C. CLEAVER, ESQUIRE
6/27 CC of LF Thomas Brenner to Martin D. Cohen, Esquire
6/27 L T Thomas Brenner re Joan Bower's Estate
6/30 CC of LF Keith Pemrick to Thomas Brenner
7/18 LF Thomas Brenner's paralegal re depo of Mark Lasko
7/28 NOTICE OF ORAL DEPOSITION OF CHESTER REYBITZ, ESQUIRE
7/28 NOTICE OF ORAL DEPOSITION OF BRUCE BRIODY, ESQUIRE
818 L T Mark Lasko re deposition on 9/26/95
8/8 L T Thomas Brenner re depo of Mark Lasko
8/15 NOTICE OF ORAL DEPOSITION (Mark Lasko)
9/26 CCs of LF Brenner's office to various attys re depos
10/6 CC of LF Keith M. Pemrick to GK&S re deposition
10/9 DEPOSITION TRANSCRIPTS OF MARK LASKO AND CHESTER REYBITZ
10/10 CC of LF James R. Antoniono to Brenner
10/20/95 L T Thomas Brenner re Atty Brydon and Richard Simmons claim
3/21/96 L T Thomas Brenner
3/21 NOTICE OF SERVICE OF SUPPLEMENTAL INTERROGATORIES
3/21 PLS'SUPPL. ROGS T/DEFS
4/8 LF Thomas Brenner, Esquire
4/10 L T Gail Kemmerer, Ph. D.
4/15 L T John Swatkoski, Esquire (re Begliomini)
4/19 PRAECIPE FOR ENTRY OF APPEARANCE (MacDonald Illig, et al.)
4/23 PRAECIPE TO WITHDRAW (for Thomas Brenner)
4/24 L T Craig Murphey, Esquire re discovery
5/16 ANS. T/PLS' SUPPL. ROGS T1DEFS.
6/7 DEFS' ROGS TO PLS. (FIRST SET)
6/7 DEFS' RFP TO PLS. (FIRST SET)
8/14/96 L T Crai9 Murphey, Esquire
9117/96 L T Keith M. Pemrick, Esquire re Amy Ruhlman
20JOi 6. i \PGS\LES
10/8196
2/19/97
3/11/97
3/11/97
1 0/22/98
12/22/99
1-7-2000
3-29-2000
4-5-2000
4-12-2000
5-3-00
5-16-00
5-30-00
6-6-00
6-8-00
6-8-00
6-7-00
6-12-00
6-13-00
6-16-00
6-16-00
6-22-00
6-27-00
6-27 -00
7-5-00
7-6-00
7-12-00
7-18-00
7-21-00
7-21-00
7-26-00
8-1-00
8-1-00
8-7-00
8-14-00
8-31-00
9-8-00
203016.1\PGS\LES
MM assist prep. 38 CIA claims for trial-CONNIE
10/23/96 LF Craig Murphey re discovery responses
2/14/97 LF Craig Murphey re discovery responses
L T Craig Murphey re discovery responses
PlS' ANS TO DEFS' ROGS (1ST SET)
PlS' RESPONSES TO DEFS' RFP (FIRST SET)
L T Prothy enc. PlS. SUBMISSION OF RELATED OPINION & ORDER
10/26/98 TImestamped copy of Pis. Submission of Op. & Order
L T Jean Taube rei PGS retiring, DLL taking over case
It prothy wi PRAECIPE TO ENTER APPEARANCE
fax to jeanne brown wi tetter to erie
4-4-00 fax from jeanne brown re expenses
4-5-00 fax from jeanne brown re erle letter
fax to jeanne brown wi draft letter
4-10-2000 If jeanne brown wi various receipts & re bills
It erie req. payment of various items
It murphey re de po. & trial
5-10-00 If murphey re depos
It jeanne brown wi murphey tetter
It swartz wi docs for expert review
tt murphey - no depos
It jean taube wi swartz letter
It jeanne brown wi swartz lette r& testifying
It roger miles w/ check for benefits
fax to jeanne brown wi draft letter to murphey
6-12-00 If murphey re 6-6-letter
It murphey re 5-10 letter in brown & re payment of expenses
It swartz re report
It murphey re depos
It miles wi check for benefits
6-26-00 fax from murphey re discovery matters
fax to murphey re brown
fax to murphey re discovery & trial
6-29-00DEF MOTION FOR PARTIAL SUMMARY JUDGMENT; MOTION
TO STRIKE DEMAND FOR JURY TRIAL; AND PARECIPE LISTING
CASE FOR ARGUMENT
6-29-00 fax from murphey re witnesses & case
fax to swartz wi hess Order & klinger cite
It murphey re witnesses & exhibits in taube trial
7 -10-00 report from lee swartz
It prothy wi PL RESP. TO DEF. MOTION FOR PARTIAL SUMMARY
JUDGMENT & PL. RESP. TO DEF. MOTION TO STRIKE DEMAND
FOR JURY TRIAL
7-13-00 NOTICE OF ARGUMENT COURT
7-18-00 If murphey wi DEF APPENDIX TO MOTION & AFFIDAVIT
7-18-00 If murphey wi DEF BRIEF IN SUPPORT OF MOTION FOR PARTIAL
SUMMARY JUDGMENT & BRIEF IN SUPPORT OF MOTION
TO STRIKE JURY DEMAND
It murphey wi swartz CV
PL BRIEF IN OPP. TO DEF. MOTION RE JURY TRIAL
PL BRIEF IN OPP TO DEF MOTION FOR PARTIAL SUMMARY
JUDGMENT AND APPENDIX
7-25-00 ORDER RE HEARING ON MOTION TO STRIKE DEMAND FOR
JURY TRIAL
letter to judge hess - no need for hearing
It jeanne brown re motions
It taube re motions
It holko w/ swartz's report
It murphey re paying jeanne brown claims
8/30/00 fax fr murphey re reimbursement of construction costs (hc 9/1/00)
8/30100 fax fr murphey advising of status of 11 items of equipment (hc 9/1/00)
fax to jeanne brown wi murphy letters
fax to jeanne brown wi proposed letter
9-26-00
10-12-00
1 0-30-00
11-3-00
11-3-00
11-20-00
2-13-01
2-14-01
2-14-01
3-9-01
4-26-01
5-22-01
5-23-01
5-24-01
6-13-01
6-25-01
7-16-01
7-18-01
7-31-01
7-31-01
7-31-01
8-2-01
8-15-01
9-12-01
9-18-01
9-18-01
9-18-01
9-18-01
203016_1 \PGS\LES
9-21-00 fax from jeanne brown re our letter
It murphey re brown case & payment of money
9-28-00 If murphey re brown
10-9-00 If murphey re 9-26 letter
It jeanne brown wi murphey letter
10-23-00 bill from lee swartz for expert review
10-27-00 If murphey wi check for jeanne brown for benefits
It client jeanne brown wi check for benefits
It client jeanne brown wi cia
It murphey re accepting service of clo
11-16-0 verification to cia from Jeanne Brown
11-16-00 DECLARATORY JUDGMENT ACTION FILED BY ERIE IN JEANNE
BROWN CASE
It c1ienf wi dec action
11-27-00 If murphy wi Acceptance of Service & dec action
12-22-00 If murphey 10 prothy wi DEF SUPPLEMENTAL BRIEF IN SUPPORT
OF MOTION TO STRIKE
2-12-01 ORDER DENYING DEF MOTION FOR PARTIAL SUMMARY JUDGMENT &
GRANTING DEF MOTION TO STRIKE OF RA JURY TRIAL
It prothy wi PRAECIPE LISTING CASE FOR NON-JURY TRIAL
It client jean taube wi order
It client jean brown wi order
It murphey - no demand and wi martin case
4-25-01 If murphey to shaw requesting file
It shaw re murphey letter
5-14-01 If murphey wi NOTICE OF INTENT TO SERVE SUBPOENAS
It prothy wi PL OBJECTtONS TO DEFENDANTS NOTICES OF
INTENT TO SERVE SUBPOENAS
It court administrator re trial
5-24-01 If murphey wi NOT OF INTENT OT SERVE SUBPOENA
It prothy wi PLAINTIFFS' OBJECTIONS TO DEF NOTICE OF
INTENT TO SERVE SUBPOENA
6-6-01 check from roger miles
6-6-01 ORDER SCHEDULING PRETRIAL CONFERENCE
It miles wi settlement check
It miles wi dis!. sheet - owes us no more money
6-29-01 If murphey re subpoenas & files he wants from other attorys.
7/5/01 If kruk-enc correspondence in response to murphey's letter
It kruk - send murphey file
It court adminisfration wi Pl PRETRIAL MEMORANDUM
7-23-0 11f kruk to murphey re what is in file
7-23-01 fax from murphey re previous attorneys files
7-24-01 If murphey wi DEF PRETRIAL MEMORANDUM
7-30-01 PRETRIAL CONFERENCE ORDER
It jean taube wi order
It jean brown wi order
It lafko wi order
It prothy wi PL PETITION FOR A RULE TO SHOW CAUSE WHY THE
TRIAL SHOULD NOT BE CONTINUED & BRIEF IN SUPPORT
8-15-01 RULE
It murphey wi hess rule
8-??-01 DEF MOTION IN LIMINE & BRIEF RE UNNAMED PLAINTIFFS
8-30-01 RULE TO SHOW CAUSE RE DEF. MOTION & BRIEF
9-5-01 If murphey wi Hess's rule re def motion
9-5-01 DEF BRIEF IN OPP TO PL PETITION FOR RULE TO SHOW CAUSE
RE CONTINUANCE
II prothy wi PL RESP. TO DEF MOTION IN LIMINE RE UNNAMED CLASS
MEMBERS & BRIEF IN OPPOSITION
9-14-01 If murphey wi DEF SUPPLEMENTAL PRETRIAL MEMO wi stone report
It murphey req. stone's CV
It swartz wi stone's report
It jeanne brown wi stone report
It jeanne taube wi stone report
,
10-30-01
11-27-01
12-4-01
12-4-01
12-4-01
12-4-01
12-4-01
12-4-01
12-4-01
12-4-01
1-B-02
1-11-02
1-15-02
1-15-02
1-15-02
1-17-02
2-7-02
2-19-02
2-19-02
2-19-02
2-20-02
3-1-02
7-2-02
7 -B-02
7-10-02
8-14-02
9-20-02
9-26-02
10-11-02
11-4-02
6-6-03
6-11-03
8-7-03
8-11-03
8-13-03
8-21-03
9-3-03
9-29-03
11-4-03
2D3lJ16.1\PGS\LES
10/29/01 If murphey-enc stone's CV
It jean taube wi stone CV
It judge hess wi mishoe letter
NOTICE TO ATTEND TO VARIOUS ERIE EMPLOYES
It lee swartz re testifying
It jean taube re bench trial
It jean brown re bench trial
It mark lasko re bench trial
It roger miles re bench trial
It donna begliomini re bench trial
tt amy ruhlman re bench trial
12-10-01 e-mail from mark lasko
12-13-01 If client ruhlman - amy died
12-31-01 If murphey to judge hess re outstanding motions
It judge hess wi PL. MOTION FOR A CONTINUANCE
e-mail to mr. lasko re status
It lasko re trial continued
It taube re trial continued
It brown re trial continued
1-16-020RDER CONTINUING TRIAL & SCH. TIC
It taube, lasko & brown wi order
2-4-02 fax from murphey req. demand
It dr. cunitz re being an expert
2-13-021f dr. cunitz re fee and various
2-14-02 ORDER DENYING MOTION IN LIMINE TO PRECLUDE UNNAMED
CLASS MEMBERS
It brown wi hess order
It lasko wi hess order
It taube wi hess order
It lenahan req. info. on his expert
It dr. cunitz wi various docs for expert review
4-4-02 bill from dr cunitz
It client pickell wi original notice of class action documents
It atty mayerson wi various docs.
It cunitz wi additional information
It cunitz wi additional information
8-20-02 e-mail from cunitz to confirm date of death
8-22-02 fax from cunitz re additional info. needed
It dr. cunitz wi more information
It cunitz wi 2001 annual statement of erie
10-10-02 bill from dr. cunitz
It cunitz wi additional info.
ft cunitz wi more Info.
11-6-02 bill from dr cunltz
It cunitz wi mishoe & re trial
6-9-03 If murphey re seltlemenl
It murphey re 6-5 letter & re mediation
6-17-03 fax from cunitz re additional information
7-8-03 bill from cunitz
8-4-03 If murphey re 6-11 letter & mediation
It murphey re mediation
It cunltz wi various
B-12-03 insurance documents
It cunitz wi erie annual statement
8-14-03 If murphey req. CV of cunitz
It murphey wi cunitz CV
It cunltz wi erie Info. he requested
9-8-03 fax from cunitz re rie
ft dr. cunitz wi more info.
10-9-03 bill from dr. cunitz
10-30-03 If murphey re mediation
It cunitz wi murphey leller - we need report
11-17-03 faxed report from dr. cunitz
11-25-03
12-8-03
12-22-03
1-14-04
2-10-04
2-24-04
3-29-04
3-30-04
7-12-04
8-11-04
8-18-04
8-18-04
8-23-04
9-2-04
10-18-04
10-20-04
10-21-04
10-21-04
10-21-04
10-21-04
10-21-04
10-21-04
10-21-04
10-21-04
10-21-04
10-21-04
203016.1\PGS\LES
report from dr. cunitz
new exhibit 5 for report from cunitz
It murphey wi cunitz report
12 -1-03 bill from dr. cunitz
It dr. cunitz wi skiles information
It murphey re 11-25 letter
1-8-04 If murphey re dr. cunitz & demand
1-12-04 If cunitz wi updates of exhibits 3, 4, & 5
It murphey asking erie fo extend offer & wi cunitz supplemental
fax to murphey re listing for trial
2-16-04 fax from murphey re trial & mediation
demand fax to murphey of $20 million
fax to murphey re 2-24 fax
3-29-04 fax from murphey re mediation
fax to murphey - set up mediation
4/13104 fax fr murphey - justus adr services case transmillal
4/14/04 fax fr Justus ADR - confirmation of mediation (7/22 @ 10:00)
4/16104 If murphey - confg mediation on 7/22 @ 10:00
5-1 0-04 e-mail to and from murphey re arb. is going july 22
It murphy wi PL. MEDIATION MEMORANDUM
7-15-04e-mail from murphy - will have memo to us on 7-20
7-16-04fax from shaffer reminding of mediation
7-20-04 If murphy wi DEF MEDIATION MEMORANDUM
7-26-04 bill from judge murphy
letter to call class members wi various & re individual claims
It Kemmerer re attorneys fees, costs & expenses of suit
8-18-04 questionnaire from Linda Kovacic
It Kemmerer explaining more
8-19-04 questionnaire from Bobko & note from nuss on questionnaire that she is dead
8-20-04 questionnaire from mark lasko
8-23-04 If Farrell re Justin Lorantas never received reduction in benefits
8-23-04 If kravetz - will not complete questionnaire - sent us letter instead
8-23-04 questionnaire & info. re angela olshefski
fax to Christine adams wi another questionnaire
8-25-04 questionnaire from doris hankey for ray Andrews
8-27-04 questionnaire from Kemmerer
8-30-04 questionnaire from charlotte silks (possible for daniel tezak - must check)
It edward stull for mary ann stull (which had been returned)
9-2-04 If William Chapas returning questionnaire for Jamie Mattys
9-7-04 If Dino Persia enc questionnaire for Patricia Skrout
9-7-04 questionnaire from Jeanne brown for mark brown
9-7-04 letter & questionnaire from Kathy hogg for Richard Simmons
9-13-04 questionnaire from jean taube
9-15-04 letter & questionnaire from Richwine for Daryl Levan
9-24-04 letter & questionnaire from Antoniono for Gerry Marchitelli
10-6-04 questionnaire from congini
10-8-04 If Murphey wi PRAECIPE TO LIST FOR NON-JURY TRIAL
10-18-04 fxf Smith w/questionnaire for Kowal
fxt Smith enc praecipe to list for trial
fxf Feczko wlquestionnaire for Pugh
If Murphey to prothy wi duplicate form praecipe listing case for trial
It Murphey - RCA handling trial
questionnaire from Weisenford
It Murphey re bad faith claims against Erie & filing additional complaints
e-mail from Stair re estimates from contractors, etc.
It Adams re filing bad faith complaint
It Andrews re filing bad faith complaint
It Karl Kemmerer re filing bad faith complaint
It Kowal re filing bad faith complaint
It Lasko re filing bad faith complaint
It Levan re filing bad faith complaint
It Miles re filing bad faith complaint
It Olshefski re filing bad faith complaint
11-19-03
11-24-03
10-18-04
10-18-04
10-20-04
10-2)-04
10-22-04
10-22-04
10-22-04
10-22-04
10-22-04
10-22-04
10-22-04
10-22-04
10-22-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
10-28-04
11/8104
11/9/04
11/10/04
11/23/04
12/9/04
12/29/04
12/29/04
12/29/04
1/4/05
1/5/04
1/20/05
2-10-05
2/15/05
2116/05
2117105
203016.1 \PGS\LES
It Tezak re filing bad faith complaint
questionnaire re Strickland
It Mattson enc summaries & requesting review
It Bobko re filing bad failh complaint
It Brown re filing bad faith complaint
It congini re filing bad faith complaint
It Gail Kemmerer re filing bad faith complaint
If Marchitelli re filing bad faith complalnf
It Mattys re filing bad faith complaint
It Pugh re filing bad faith complaint
It Stair re filing bad faith complainl
NOTICE RE PRETRIAL CONFERENCE IN BAD FAITH CASE
fxf Murphey re hold off on filing new actions
II Porcino for Olshefski explaining new bad faith action
If Bobko explaining new bad faith action
It Adams explaining new bad faith action
It Brown explaining new bad faith action
It Congini explaining new bad faith action
It Gail Kemmerer explaining new bad failh action
It Karl Kemmerer explaining new bad failh action
It Kowal explaining new bad faith action
It Lasko explaining new bad faith action
it Levan explaining new bad faith action
It Marchitelli explaining new bad faith action
It Mattys explaining new bad faith action
It Miles explaining new bad faith action
It Pugh explaining new bad faith action
It Stair explaining new bad faith aclion
It Tezak explaining new bad faith action
It Murphey re will hold of! filing complaints until Erie has opportunity to review file
11/5/04 If Murphey re wanls 10 continue with pre-trial conference & is unavailable for same
It Murphey re will settle for $2.0 million
II Andrews w/update on class action & response to questionnaire
It Cohen re Christine Adams & new suit against Erie
If Cohen re Christine Adams
LF Pemrlck enc questionnaire for Amy Ruhlman
ORDER re continuance of pretrial conference
fxf Murphey re settlement demand w/questions re new bad faith cases
If Cohen re representalion of Christine Adams
II Murphey wllist of individuals in new case, those who are not interested, etc. in response to
his 11/19/04 letter
fxf Murphey re docs missing from 2 letters & w/questions
It Murphey enc missing docs & treatment of new cases & possible global settlement
It Murphey re Cunitz as expert, enc Mattson reports & possible global settlement
It Cunitz enc life care plans & class member summaries
It Kemmerer for mother Gail re no aclion to be taken against Erie
fxt Mattson re Greenbaum's report on Mark Brown
life Care Plan for Mark Brown from Doyle (Mattson)
Durable power of atty for Gerry Marchifelli from Mattson
It Murphey enc life care plan for Mark Brown
invoice from Jane Mattson for Gail Kemmerer for $1,806.20
invoice from Jane Mattson for Marchitelli for $2,654
fxf Murphey re trial should go forth & requesling copies of life care plans omitted from letter and
any other Cunitz reports
It Murphey enc iife care plans omitted from 12/29104 letter to him
!xf Murphey rejecting $2.0 million settlement number
fax to Murphy w/ copies of pretrial memorandums
ORDER re trial to begin 10/26/05
If Andrews enc questionnaire
It Murphey enc Levan report & discussion of seltlement
It Marchitelli enc Gerry's life care plan and another POA
It Murphey enc life care plans of Bobko, Marchitelli, Miles, Congini, Kemmerer. Mattys, Pugh
and Lasko
10-22-04
10-28-04
10-28-04
11110/04
11/12/04
11/18104
11/19/04
11/22/04
1218104
1/4/05
1/4/05
1/14/05
1/14105
1/19/05
2/4105
2/14105
2/16105
2/25/,05
311105
3/4/05
3/14/05
3/14/05
3/18/05
3/18/05
3/21105
3/22/05
3/29/05
3131/05
4/6/05
4/7/05
4/8/05
4/11/05
4/12/05
4112/05
4/12/05
4/21/05
4/26/05
4/27/05
4/29/05
5/3/05
5/3/05
5/4/05
5/10/05
5/11/05
5113/05
5/16/05
5/18/05
5/25105
5/26/05
5126/05
5131105
5/31/05
5/31/05
6/8/05
6/10/05
6/13/05
6/17/05
6/20/05
6/22/05
6/27/05
6/28/05
6/28/05
6/28105
6/29/05
7/1/05
7/5/05
7/7/05
7/7/05
7/12/05
7/13/05
7/13/05
07/14/05
7/18105
7/18105
7/20/05
7121/05
203016.i\PGS\LES
It Murphey enc Pugh report and corrected pages to Levan report
It Murphey enc Lasko report of Cunitz
It Murphey enc Mattys and Congini reports by Cunitz
invoice from Mattson for Gail Kemmerer $1 ,806.20
If Mattson w/corrected report for Marchitelli
It Marchitelli enc report & POA
It Murphey enc substitute life care plan for Marchifelli
rc'd report of Marchitelli from Cunitz
It Murphey enc economic evaluations for Miles & Marchitelli
It Strickland re do you want to file suit
It Murphey enc Cunitz's report for Kemmerer & Bobko & Mattson's report for Stair
invoice from Cunitz for Marchitelli, Miles, Bobko, Kemmerer, Brown & Sfair
If Murphey enc Mattson's report for Stair
fxf Murphey re expert reports & issues to be addressed, etc.
It Murphey responding to his 4/8/05 letter, requesting claims, & suggesting another mediation
It Cunitz re October trial
NOTICE TO ATTEND to Wisniewski, Alberstadt, Leake, Semoff, Perry-Shaeffer
It Swartz re October trial
If Swartz re available on 10/26/05 for trial
It Murphy enc revised life care plan for Brown
It Murphey requesting files, overall settlement, etc.
It Murphy enc Dr. Cunitz's report for Brown
fxf Murphey re continuing trial, sending files next week, etc.
It Murphy re copies of claims files & postponing trial
invoice from Cunitz for Stair & Brown reports
fxf Murphey re receipt of individual files and notification of same
fxf Murphey's para re boxes of files coming for Lasko, Bobko, Congini & Stair
It Murphey re claim files to be sent, mediation, global settlement, etc.
fxf Murphey's para re 2 boxes each for Kemmerer & Levan on their way
ft ADR services - completed Case Transmittal form
It Murphey enc Condio opinion
ORDER trial to be held 1/9/06
If Murphey re Stair & disclosure of information
fxf Belton - 3 boxes coming for Mark Brown
fxf Shaffer w/mediation info
fxf Belton - 2 boxes for Roger Miles coming
fxf Murphey re payout will be provided for individual clients & expects pre-mediation memo
10 days before mediation dale
fxf Murphey enc payout for individual c1ienfs
fxt Murphey requesting payout for Taube class members
It Murphey enc MEDIATION MEMO & THREE OF INDIVIDUAL CLASS MEMBERS
It Murphey enc MEDIATION MEMOS OF NINE REMAINING INDIVIDUAL CLASS
MEMBERS
fxf Murphey w/pay-out info for remaining class members
If Murphey enc ERIE'S MEDIATION STATEMENT RE TAUBE ACTION
If Murphey enc ERIE'S MEDIATION STATEMENT REGARDING INDIVIDUAL CLAIMS
fxf Murphy w/mediafion reminder
fxt Murphey requesting amount of attendant care for 36 class members
It Murhpey enc REPLY MEDIATION MEMO
fxf Murphey re yesterday's mediation & offers made by Erie
invoice from JUSTUS ADR for $4,850
Mr. Tezak will attend trial
It Murphey re contacting class members
If Clarke - no longer represents Kovacic - gives family member address
fxt Murphey with settlement proposals
fxl Murphey responding to RCA's 7/7 and 7/13 letters - need specilic response to offer on
CIA lawsuit or offer on individual claims at mediation
FAX L T Murphey re: Erie's current offer of one mil. for 36-39 class, and global 01 three mil.
w/ one mil/lor atty's lees for 12 individuals
If Spina re remove from list as attorney for Kravetz
It Grinder (Jean Taube's daughter) enc 7/1/05 letter
If Murphey w/counteroffer
fxl Murphey refusing counteroffer
7/22{05
7/29//05
8/3/05
8/10/05
8/15105
8/16/05
8/16/05
2030 \ 6.1. \PGS\LES
It Taube re sending copies to daughter Grinder
fxf Murphey re notification of clients of settlement offer & will be in touch after meeting
It Murphey re authorization to reject Erie's offer
If Murphey w/counter offer of seltlement
fxt Murphey enc outline comparison of twelve individual claimants
fxf Murphey re Wednesday meeting to attempt to settle case
fxt Murphey re discussions during negotiations
r:: x ~d?d~ J3
~UII ~,
I ~ '/0(
Case #
-5 195
Date of Entry: January 16,
Appearances:
Plaintiff:
Jean Taube, Parent and Natural
Guardian of Thomas Taube, and
Thomas Taube, in his own right,
and all other s~ilarly situated
Defendant:
Erie Insurance Group
//J
] 992 at
M.
Entry bV
Summons
Complaint
Petition
Appeal
Revival
Civil Action - Law
I
I
(
I
(
I
x
x
February 26, 1992, Praecipe for Listing Case for Argument,
filed.
Defendant I s Preliminary Objections
By~ Thomas E. Brenner, Esq.
March 3, 1992, Order, filed. IN RE: Def~ndant's Motion for
Protective Order.
AND NOW, this 3rd day of march, 1992, in consideration
of the defendant's rrotion for protective order and the answer
filed thereto, a brief hearing on the matter is set for Thursda
April 2, 1992, at 2:30 p.m. in Courtroom Nurrber 2, CUmberland
County Courthouse, Carlisle, pa.
By rhe Court: Kevin A. Hess, J.
March 3, 1992, Plaintiffs' Reply to Defendant's Motion for
Protective Order, --filed.
March 2, 1992, Defendant's Motlort for Protectlve Order, and
Order, filed.
AND NOW, this 2nd day of March, 1992, in consideration
of the attached motion, a rule is issued upon the plaintiff
to show cause why the requested relief should not be granted.
This rule returnable twenty (20) days arter service.
By The Court: Kevin A. Hess, J.
April 6, 1992, Petition for appointment of a Guardian ad
Li tern, filed.
April 20, 1992, Affidavit of Pamela G. Shuman, Esq.
April 27, 1992, Opinion and Order, filed. IN RE: [Efendant' s Preliminary Objections.
AND NOW, this 27th day of April, 1992, the prel~nary objections of the defendant,
Erie Insurance Group, are DISMISSED. The plaintiffs are given twenty days within which
to amend their complaint to conform to the requirements of Pennsylvania Rule of Civil Procedure
2054(b) .
By The Court: Kevin A, Hess, J.
May 11, 1992, Stipulation, and Order, filed.
AND NOW, this 11th day of May, 192, upon consideration of the stipulatiory of counsel,
it is ordered that the caption in this case shall henceforth be as follows: Jean Taube,
in her own right ans as Guardian of the Estate and Person of ThOlTlo"ls Taube, an incorrpetent,
plaintiff v. Erie Insurance Group, Defendant. -
..-- By The Court: Kevin A. Hess, J.
rr<",/
~
l/I;
~
January 29, 1992, Praecipe, filed.
Please enter the appearance of Thomas E. Brenner, Esquire
of Goldber, KatzlTEin & Shiprran, P.C. on behalf of Defendant,
Erie Insurance Group.
By: Thomas E. Brenner, Esq.
Februarj' 7, 1992, PrelirrUnary objections of Defendant Erie
Insurance Group, filed.
Taxation of Costs
S40.50
/I :2.1./t..
ino
1~..z.I- 9.2.-
Action in
Assumpsit I
Trespass \
Habeas Corpus (
Divorce (
Grounds
Equity
Mortgage
Foreclosure
Ejectment
Quiet Title
Replevin
Condemnation
1- .;lo-9~
Service by SHF:
Date of ..-J Return:
1-.1 '7'- '1.2 -,J;.
May 11, 1992, Petition for Change of Venue, and Rule to Show Cause, filed.
AND NeW, this 11th day of Hay, 1992, plaintiffs, Jean Taube, Parent and Natual Guardian
of 'I'Horre.s Taube, and THomas Taube, in his ovm right and all others siroilarly situated,
are directed to show cause why a change of venue should not be granted as set forth in
the petition; Rule returnable with attached order for hearing 10 days after service.
By The Court: Kevin A. Hess, J.
May 15, 1992, ~~nded Crnrplaint, filed.
May 15, 1992, Plaintiffs' An~~eL to Petition for Change of
Venue, filed.
May 20, 1992, Affidavit of Service, filed.
3Y 21, 1992, Plaintiffs' motion to Dissolve Protective order and Compel Discovery, and Order,
Bed.
AND NON, this 21st day of Hay, 1992, uI;X)n considera.tion of plaintiffs' rrotion to Dissolve
rotective order and cowpel discovery, IT IS ORDERED that the Protective order entered by
his court on April 1. 1992, is hereby dissolved.
By The Court; Kevin A. Hess, J.
June 5, 1992, ~n5wer with New Matter, filed.
June 5, 1992, Plaintiffs' Request for a Rule as of Course Pursuant to PA.R.C.P. 209. and
Order, filed.
AND NOW, to wit, this 5th day of June, 1992, upon consideration of plaintiffs' request
for a rule as of course Pursuant to PA.R.C.P. 2Q9, a rule is hereby issued on defendant
to show cause why it should not proceed in accordance with PA.R.C.P. 209, this rule is
returnable on the 24th day of June, 1992, at 8:45 o'clock a.m., in Courtroom No.4.
By The Court: Revin A. Hess, J.
June 22, 1992, Affidavit of Pamela G. Shuman, filed.
June 22, 1992, Plaintiffs' Reply to New Matter, filed.
July 1, 1992, Stipulation, and Order, filed.
AND NOW, this 30th day of June, 1992, upon consideration of the stipulation signed
by counsel in this matter, the caption shall henceforth read as follows:
Jean Taube, in her own right and as Guardian of the Estate and
Person of Thomas Taube, an incompetent, and all others sbnilarly situated
VS.
Erie Insurance Exchange, d/b/a Erie lnsurance Group and
Erie Insurance Ccmpany, d/b/a Erie Insurance Group
By THe Court: Kevin A. Hess, J.
July 2, 1992, Deposition of Richard John Wisniewski, filed.
July 2, 1992, Deposition of Jean Louise Taube, fileo.
July 2, 1992, Order, filed. IN RE: Petition for Change of Venue.
AND NOW, this 1st day of July, 1992, after hearing held thereon, the petition of defendant
for change of venue on the grounds of forum non conveniens is DENIED.
By The Court: Kevin A. Hess, J.
~r'
July 31, 1992, Answer with New Matter of Defendants, Erie
Insurance Exchange, d/b/a Erie Insurance Group and Erie Insurance
Company d/b/a Erie Insurance Group to Plaintiffs' Motion for Class Certification, filed.
August 3, 1992, Motion of Defendants For Protective Order Pursuant to Pa.R.C.P. 4012, and
Rule to Show Cause, filed.
AND NOW, this 3rd day of July, 1992, plaintiffs are directed to show cause why the
Motion for Protective order filed by defendants should not be granted. Rule returnable
20 days after service.
By The Court: Kevin A. Hess, J.
August 10, 1992, Plaintiffs' Reply to Second Motion of Defendants for Protective Order,
filed.
August 10, 1992, Plaintiffs' Reply to New Matter, filed.
August 11, 1992, Affidavit of Service, filed.
August 24, 1992, Order, filed. IN RE: Defendants' Motion fOJ:" Protective Order.
AND NC:Vl, this 20th day of August, 1992, a hearing on the above captioned motion is
set for Thursday, September 3, 1992, at 2:30 p.m. in courtroon Number 4, Cumberland county
Courthouse, Carlisle, PA.
By The Court: Kevin A. Hess, J.
September 15, 1992, Order, filed. IN RE: Motion of Defendants for Protective Order.
AND NOW, this 15th day of September, 1992, the motion of defendants for protective
order is DENIED.
By The Court:
Kevin A. Hess,J .
C met/! --J.,r
,Iy-
I/;! - /I
NO. 195 Civil 1992 (S.F. from pg. 112) Taube vs. Erie Ins.
September 28, 1992, Order, filed. IN HE: Motion for Class Certification.
AND NCAA1, this 28th day of September, 1992, a hearing on the above captioned matter
is set for Monday, November 23, 1992, at 9:00 a.m. in courtroom Number 4, O.liTlberland County
Courthouse, Carlisle, Pa.
By The Court: Kevin A. Hess, J.
October 26, 1992, Defendants' Motion for Summary Judgment, filed.
October 26, 1992, Praecipe for Listing Case for Argument,filed.
Defendants' Motion for SumnaryL )l~dgment.
By: Thanas E. Brenner, Esq.
October 27, 1992, Defendants' Motion for Protective OrdeL~, and Order, filed.
AND NOW, this 27th day of October, 1992, a rule is issued on the plaintiffs to show
cause why the requested relief should not be granted. THis rule returnable twenty t 20)
days after service. Pending resolution of this matter, the deposition of Richard Wisniewski
is STAYED.
By Tr~ Court: Kevin A. Hess, J.
November 13, 1992, Order, filed. IN RE: Defendants' M::ltion for Protectivr Order and
Plaintiffs' Reply Thereto.
AND NOW, this 13th day of November, 1992, argument on the above matter is set for
November 23, 1992, to be held concurrently with the hearing on the plaintiffs' Motion
for Class Certification.
By The Court: Kevin A. Hess, J.
December 2, 1992, Plaintiffs' Response to Defendants' Motion for Summary Judgment. filed.
December 9, 1992, Order, filed. IN RE: Defendants' l"btion for Protective Order.
AND NOW, this 8th day of December, 1992, the motion of defendants for protective
order, pending the outcone of the argument on nntion for sumnary judgment, is GRANTED
and discovery STAYED. In the event themotion for summary judgment shall be resolved favorably
to the plaintiff, the parties hereto shall, within twenty (20) days of said resolution,
by stipulation duly filed, either supplement the record with respect to the plaintiff's
motion for class certification or, in the alternative, indicate either that (al further
hearing is required, or (b) the mater is ripe for decision.
By The Court: Kevin A. Hess, J.
FebLlUary 4, 1993, Opinion and Order, filed. IN RE:
Motion for Summary Judgment.
AND NCW, this 3rd day of February, 1993, the
judgment is DENIED. The plaintiff is directed to
to her bad faith claim within thirty (30) days of
of that count of her complaint as of course.
By The Court: Kevin A. Hess, J.
February 17, 1993, Second Amended Complaint, filed.
March 9, 1993, Defendants' Answer to Second Amended
Defendants'
motion of the defendants for summary
file an amended complaint with respect
the date of this order or suffer dismissal
Complaint, filed.
t1arch 25, 1993, Plaintiffs' Reply to New Matter, filed.
May 5, 1993, Deposition of: Thomas E. Brenner, filed.
May 5, 1993, Deposition of: Jonathan Alberstadt, filed.
May 5, 1993, Deposition of: Richard J. Wisniewski. filed.
July 19, 1993, Transcript, filed.
August 24, 1993, Opinion and Order, filed. IN RE: Motion for Class Certification.
AND NOW, this 23rd day of August, 1993, after hearing on plaintiffs' motion for class
certification, it is ordered that the following plaintiff class is certified: The guardians
and representatives and/or all injured victims with whom Erie attempted to and/or actually
succeeded in entering into agreements to accept less than the actual cost of skilled medical
care required by cla.irrants on the basis of its interpretation that such care was custcx:lial
and not reimbursable under the No-Fault Act. Pennsylvania National Mutual Casualty Insurance
Company v. Fertig, 382 Pa.Super. 335, 555 A.2d 208 (1989), rev'd., Drake v. Pennsylvania
National Mutual Casualty Insurance Company, 529 Pa. 44, 601 A.2d 797 (1992). Tnis class
certification shall pertain only to plaintiffs' cause of action for bad faith.
Erie is directed to search its files and provide the plaintiff with a list of the
names and lask known addresses of all members of the certified class wi thin thirty (30)
days of tlus date. The parties shall make their best efforts to agree on a fonn of notice
to class members and a plan for distributing such notice. Any agreement shall be submitted
to this court: for approval within forty-five (45) days of this date. If the parties are
unable to reach agreement, each side shall subnit a prop:lsed form or plan to the court
within the same time frame, along with a statement of its objection to the other siders
plan. The court will then determine the form and rranner of notice.
" dJ ,u.v,J
All menbers of the class as certified shall be included in the class unless a written
e lechon to ~e excluded. is filed of record within thirty (30) days from the date of notificatio
By The Court: Kevin A. Hess, J.
September 7, 1993, Plaintiffs' Answer to Motion of Defendants for Reconsideration of the
Court's Order of August 23, 1993, filed.
September 30, 1993, Order, filed. IN RE: D2fendants' Motion for Reconsideretion.
AND NQfl, this 29th day of September, 1993, the lTPtion of the defendants for
reconsideration of our opinion and order dated August 23, 1993, is DENIED.
By the Court: Kevin A. Hess, J.
November 5, 1993, Plaintiffs' Answer to Petition of Defendants for Certification of the
Ocder of Court Dated August 23, 1993, filed.
Dec~fiber IS, 1993, Response of Defendant Erie to Plaintiffs' ~btin Regarding Form of Notice
fo~ Class, filed.
January 4, 1994, Plaintiffs'
R~ply Brief, filed.
January 5, 1994, Petition of Defendants. Erie to
Plaintiffs' Reply Brief, and Rule to Show Cause.
AND NOW, this 3rd day of January, 1994, this
is DENIED.
By The Court: Kevin A. Hess, J.
Answer to Petition of Defendants Erie to Strike Plaintiffs'
Strike the
filed.
petition
January 26, 1994, Order, filed. IN RE; Plaintiffs' i'btion for Court to Determine Form
of Notice.
AND NOW, this 26th day of January, 1994, upon consideration of plaintiffs' motion
for court to determine fann of notice, and briefs of the parties filed in that regard,
it is ordered that the plaintiffs' proposed form of notice of class action certification,
attached to the plaintiffs' motion as Exhibit A, is hereby approved with the following
addition. A final sentence shall be added to the last paragraph under the heading "What
your Choices Are." Said sentence shall read: "You are not, of course, prevented from
contacting counsel for defendants, Erie Insurance Exchange, Erie Insurance Company and
Erie Insurance Group, in care of Thorras E. Brenner, Esquire, at the address or phone number
listed at the end of this notice."
Plaintiffs' counsel is directed to distribute said notice to all members of the
plaintiff class by first class mail.
By the Court: Kevin A. Hess, J.
April 25, 1994. Plaintiffs' Motion for an Order Requring that Defendants Pay Reasonable
~xpenses, including Attorney's Fees, for Depositions taken by defendants more than one
hundred Miles from the Courthouse, and Order, filed.
AND NOW, this 22nd day of April, 1994, a Rule is issued on the defendants to show
cause why the relief requested in the within rrotion should not be granted. This Rule
returnable twenty (20) days after service.
By the Court: Kevin A. Hess, J.
May 4, 1994. Defendants' Response to plaintiffs' Motion for Attorney's Fees for Depositions
of Plaintiffs, filed.
October 13~ 1995, Certificate of Deposition, filed.
March 22, 1996, Notice of Service of Supplemental Interrogatories, filed.
April 19, 1996, Praecipe for Entry of Appearance, filed.
Please enter our Appearance on behalf of all defendants, Erie Insurance Exchange, d/b/a
Erie Insurance Group and Erie Insurance Company, d/b/a Erie Insurance Group.
By: T. Warren Jones, Esg.
April 25, 1996, Praecipe to Withdraw Appearance, filed.
Please withdraw the appearance of Thomas E. Brenner, Esquire of Goldberg, Katzman & Shipman
P.c. on behalf of Defendants, Erie Insurance Exchange, d/b/a Erie Insurance Group and ~ie
Insurance Company d/b/a Erie Insurance Group.
By: Thonas E. Brenner, Esq.
March 13, 1997, Certificate of Service, filed.
March 13, 1997. Certificate of Service, filed.
October 23, 199B, Plaintiffs' Submission of Rela\ed Opinion and Order, filed.
January 11, 2QOO, praecipe, filed.
Please entec my appearance on behalf of Plaintiffs in the above-captioned matter.
By: David L. Lutz, Esq.
June 29. 2000. Motion to strike demand for Jury Trial, Filed.
June 29. 2000. Motion for partial Summary Judgment, Filed.
June 29. 2000, praecipe for Argument List, Filed.
July 13, 2000, Plaintiffs Response to Defendants motion to strike demand for jury trial,filed
July 18, 2000, Appendix to MOtion for Partial Summary Judgment, filed.
July 18, 2000, Affidavit of James G. Leake, filed.
--, .. -\~
.-r;i--r-<._,-- [I_ (:~ LflL-<LU-'U+--<~ 1992-195 C~vll Term \ ,\)-
JIUY 2A, 20ao., Order, In Re Defendants Motion to Strike Demand for Jury Trial, Filed.
,!\ND l'O'l, ~_nis 21st day of July, 2000, a breif argument hereon is sf7t for S~ptemger 1. 2000
at 1:30 p.m. In Courtroom Number 4, CUmberland County Courthouse, Carllsle FA. A br~ef shall
be bled bv the defendants not less than three days prior to argument. A breit shall be filed
by the Plaintiff not less than one day prior to the argument.
By the Court: Kevin A. Hess J
Copies Mailed 7/24/00
PebIuary 8, 2001, Order of Court. filed.
In Re Defendant' s Motion for partieal sumnary judgment and motion to strike jury Trial
l\ND ~!. this 8th day of Febl.uary, 2001. the motion of the defendants for partial
judgment is DENIED. The rrotion of the defendants to strike a jury trial demand on the
of bad faith is GRANTED.
By the court kevin A. Hess J
Demand
S\..lITlnary
Court
Copies ~iled 2/8/01
feb:ruary 15, 2001, praecipe for listing Case for Trial. by David L. Lutz, Esq for plff
Mav 23, 2001, plaintiffs' objectiory to Defendants' Notices of intento to se~e 0 Subpoena to
PrOduce Documents and things for d~scovelY pursuant to rule 4009.21. by Dav~d L. Lutz, Esq.
May 25, 2001 Plaintiffs' objection to defendants' notice of intent to service a Subpoena to
Produce docurrents and things for discovery pursuant to :rule 4009.21, By David 1. Lutz, Esq.
June4, 2001, Order of Court, In Re NonJury Trialr riled.
AND NJW, TI-JIS 31st day of May, 2001, a pretrwl conference in the above captioned
matter is set for Thurssay July 26, 2001 at 9:00 am in the Chambers of the undersigned.
By the court Kevin A. Hess J
Copies Mailed 6/4/01
July 26, 2001. in Re Pretrial Conference, By the court Kevin A. Hess J Copies mailed 7/26/01
\ugust 3, 2001, Plaintiffs' Petition for a Rule to show cause why the trial shuld not be
~ontinued, by David L. Lutz, Esq
'ugust 13. 2001, Rule Filed. . ed f d t h
AND f\Kl'I, This 13th day of Al-lgustl 2091, a Rule ~s hereby efiter on De en ants 0 s ow cause
&hy the trial in the above-capt~oned act~on should not be contlOued.
Rule returnable 20 days after service of the Rule..
By the court: Kev~ A. Hess J
:opies Mailed 8/14/01
\ugust 27, 2001, Motion in Limine To Preclude Evidence Regarding the Claims of the Unnamed
:lass Members, by Craig Murphey, Esg. for Defts
August. 29. 2001. Rule, filed.
And now, this 29 day of August, 2001, a Rule is hereby entered on Plaintiffs to Show Cause
Why the Plaintiffs' Motion in Limine to Preclude Evidence Regarding Claims of Unnamed Plaintiff:
should not be granted.
Rule returnable 20 days after service of the Rule.
- -- BY THE COURT. Kevin A. Hess, J.
Copies MailedB-29-0l
Se~tember 13, 20011 Plaintiffs' response to defendants' motion in limine to preclude
ev~dence rega~ding the claims of unnamed class members.
By the court David L. Lutz, esq for plff
January 15, 2002, Order, filed.
AND NOW, this 14th day of January, 2002, trial in this case, currently set to commence
on February 7, 2002, is continued generally. Argument on the motion in limine of defendant
Erie shall be held on Thursday, February 7, 2002, at 9:30 a.m. by telephone conference
call.
BY THE COURT, Kevin A. Hess, J.
copies mailed 1-15-02
February 13. 2002, Order, filed.
In Re: Motion in LImine to preclvde Evidence Regarding the Claims of Unnamed Class Members
AND NOW, this 8th day of February, 2002, following argument thereon, the motion of the
defendatns to preclude evidence regarding the claims of unnamed class members is DENIED.
BY THE COURT, Kevin A. Hess, J.
Copies mailed,
October 16. 2004, praecipe for Listing Case for Trial, filed.
By: Craig Murphey, Esquire
October 26. 2004, Order, filed IN RE: Non jury Trial.
AND OOW, this 26th day of October, 2004, a pretrial conference in the above captioned
(l"E,tter is set for Friday., December 10, 2004, at 9:00 a.m. in Courtroan Number 4, Cumberland
Courthouse Carlisle PA
Copies Mailed 10(26/04
November 16, 2004, O~der In Re: Nonjury Trial
AND NCM, this 16th day of October, 2004, a pretrial conference in the above captioned
natter set for December 10, 2004, is continued to Thursday, February 10, 2004 at 1:30 pm in
:ourtroc:m Number 4, Cumberland County. - Courthouse, Carlisle, Pa.
BY THE COUR~, Kevin A.. Hess, J.
t~al~2PPn6t@t Re: Pretrial Conference by Kevin A~ Hess, J. filed.
1ay 16. 2005. Motion to Continue Nonjury Trial, filed.
By: Craig Murphey, Esquire for Deft.
By the court Kevin A. Hess J
fay /.4.2005, OJ:Der., Filed, in Re Motion
. AND NC~T, this 24 tll Clay of May,
:ontilllJe NonJury Trial.
I t is Her.eby OImERED
.s r.ontinued from the current
:'or non] ury trial to cmmel1ce
lretrial m2moranda inthe case
:opie5 Mailed 5/25/05
~uuu<: v~ o.::,_~-'-<::, J.lltiUldll<;e
.l':o C.1Y:'1 J<,!':I.!
to Continue Nonjw:y TriaL
2005, in consideration Df the
Defendants'Moti0n to
I\WUCGED AND DECREED That the Motion is Gra.nteo_ and this case
trial date of October 26, 2005. The case i5 n'Y... s[:€cially set
O~ January 11, 7.006 at 9~30 a,m. Counsel are requested to file
on 0:L 'before the close af Business on January 9, 7006.
By The Court Kevin A. Hess J
~ihI6d' L
II
i
. I
ii
\1
II
il
,
II
"
II
I'
I
II
.,
II
[I
I
CONSENT TO SETTLE
1$' d
I, " i1l/;<itl;.
UI,:1 Y t.U..{)".:l/
I.
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, ] 95 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. 1 acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the earl y 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
I
i
.1
II
i
II
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
II
I
I
'j
II
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
I
II
1\
I,
II
II
I
I:
11. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this ;;)~day of ()M-o~
,2005.
WITNESS:
~.Jj..l1H ?-
~/ "
..1./1/[//)/.7/1-,
~~';__.,./lj.f
i)
.Li... .f.". } '.,
~{-~?U,{vlv /,_-1.- z.,
i'
I, .}., /'1 .
~ . '. 'j', ,I""'~J
" / _) L4'Lc:.:i: L. Ll'j /l-i'VU.:J./,j
-- /
///' i /
LjA0JtUZ(.I~V
):}, "'8 "
3t0297
3
I
II
,11
I'
I
II
I,
Ii
,\
1\
I'
il
CONSENT TO SETTLE
I, f''',;.c..". 'j) .
. .!....!.... -: ,+.;\){)",c.:G t.f},S
, am a member of the Plaintiff Class, a legal
1.
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefifs and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters fo
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
I
I
I
II
II
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation andlor settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. S8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
I
II
I'
II
3\0297
2
I
I,
II
II
'I
:1
i
I ~
h.
Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10.
1 agree that each class member living on August 17, 2005, should receive
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and inYolvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this
day of
,2005.
WITNESS:
.n1/ , h;' _ ____
( "<l';~};~/- C i\_:.(-t:2:,(.~..~
.: / / .y
/ ,
.f"t,
-Jki_L_
I
:,JJ.:...: _.tt .-t. ~'I~:;I'r,.>
(,'
i. .61,< t-Ji.,'!t,:.','" -L.,
. ,_ of:. ~...'"
'[
I,
I
I
I
Ii
3\0297
~
J
CONSENT TO SETTLE
1.
L Elmo Begliomini
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. Ii 1009.10 I et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPRO V AL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to setlle this class action for a total of $3,500,000 in damages
and $1,] 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1, I 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or setllement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. S8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
3]0297
2
'i
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receIve
$100,000.
II. 1 agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17,2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 6th day of October
,2005.
WITNESS:
i ,m~~l!!;~lA~
~
.
Guardian of t e
Donna Beglioml .
state of
3]0297
3
1.
c. ')'. c-
'rA II
I ',I
I, [.cl J.JOvi-' f
CONSENT TO SETTLE
I) I?) /
!/}?"'ri/.(;';A:, , am a member of the Plaintiff Class, a legal
. v
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1, I 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
I
I
Ii
Ii
!i
1\
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living 011 August 17, 2005, should receIve
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
riA "'" n..-/f
~ f ~.-- \ - _ ' r',
seal this w day of (/ <"'-! () ') 12'.....y ,2005.
I
WITNESS:
rCY~.o
7 (}f7lp /
fAL"rr/,q dJ,/f~
"
310297
3
CONSENT TO SETTLE
I.
I,
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under fhe since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempf to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each ofthe settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1, I 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f.
A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g.
Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
ll. 1 agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17,2005,
should each recelVe an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this II dl day of (Ji:..}c--{<-f:JU ,2005.
WITNESS:
I
I
I
I
I
I
!I
I!
!I
i'
I',
/-~")
(".--)
I /1 .;..<'
~,. ~~..1L.L,/'{ .t[ {:~;1{tJtU7~j
(/
-j
310297
3
CONSENT TO SETTLE
I;l( l1wzfl ~'
I.
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P .S. S 1009. I 0 I et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that rny claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. S8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
3\0297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
11. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
i
II
it
I
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this
day of
,2005.
WITNESS:
I
I
I
II
}j0297
3
CONSENT TO SETTLE
I.
, am a member of the Plaintiff Class, a legal
I, Teffrey w. Devl in
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.10 I et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
I
II
I,
II
II
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1, I 00,000 IS a reasonable amow1t of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that fhe attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees ofJO-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
[I
II
I
h.
Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 13th day of
October
,2005.
WITNESS:
L" (\
;',..,1 !
,.. I~,I
\:J1IiIJ \ / /LoLL,
( / (
'.-/ , ./
h/~J1"l
I,
d
II
1\
310297
3
III
II
II
II
II
Ii
'I
II
Ii
I
II
,I
[I
I
CONSENT TO SETTLE
1.
I,
\,
(,1-, ; L h"',n ,-('o.k.)('! , am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been djsPill.-ed by Erie, and in its defense Erie
has asserted, aJ!1_ong ot!!.qJhing.:!Lthat:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members iJ.l_!9-e_~_<lfly 19~Q? in which it advised them to hire
attorneys and that it wPtllc[PilY.1JPJQ_$20Q for an attorney; and
c. In eqs:h..QfJhe_s.enle.<icases,-court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
I
il
"1
II
jl
II
il
II
II
j,
II
I(
I
II
I
II
II
Ii
,.
,
I
I
I
I
I
I
6. I have read and agree with the attached JOINT MaTrON FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $I,J 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attomeys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f, A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
II
1.1
II
I[
II
II
'i
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
11. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class acfion.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal thi s
1"
r"\ \
i
,2005.
day of (" II \,.[.c,
,
WITNESS:
,/ 1i)
<' r '-.
lla1/~\( '"'
~'...'"
/,/ , -': ~ '\
('" ,.'J'
'-_ r I
~fv/
/I ~,.
(I' /'.' /' 1/
, /1' /- f'\ ,~,
\,V( _1/", j' d/ "
\ .
\
-~,:;:...~
3]0297
,
,)
II
Ii
,I
I',
II
II
II
II
I
II
I
I
I
II
[
I
CONSENT TO SETTLE
1. I, '1PIuX.~A/U~~, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
~
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. ~ 1009.101 et seg.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early I 990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plainfiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b, As part of its attempt to settle the claims of ifs insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uneeliainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
,
.1'
II
,
II
',I
,I
I[
II
II
II
I
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to setlle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney wifh counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation andlor settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
II
I'
II
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10.
I agree that each class member living on August 17, 2005, should receIve
$\ 00,000.
] I. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
] 2. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 'Lf day of cQ.,wJ2..€)\/
,2005.
WITNESS:
~'
/;~ /"~? .f
/ ( , l
.:<7,:'/..<:~:::~;~~~)'.^.,._7- 'for '"
L. jL _ ":,.-",1 p'. cC c.'-._ .-../
310297
3
I
II
I,
,I
1;[
!II
!I
I'
II
I
!
CONSENT TO SETTLE
LIN{Jfl 1-<(\J/1C'( (/11'7/-/(".!.j
I. I, ,. 'fc' II iJ ,k!.. c. J oj C Ie. ,r/~ , am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrafor of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
I
I
I
II
[,
,
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation andlor settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S,A. S8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
1 l. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17,2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this ! I I'll day of () c r " b (' I~,
,2005.
WITNESS:
&r~ ,) ~...h
( (~'t-1i;v )
..-) j
//
/"o-.....;2.-L..,.....-./
/ - -
//
,...---/",/ ,,'--"
F~'/-:"'-;r:'.--c.._"z;~;i(<.? c-C~'/
i / J
'+- i: 'r' /"'" , :..( _', .
-J...' ,-Cf........'-'l__ /) ,-,c I.'~~.t, -, '~.....r'
II
II
II
3]0297
,
j
11 CONSENT TO SETTLE
i' / 1''-
i'- 1\ -Ix" ... ~.
I, I " \PW/~ \'r\ G,\~j^ \am a member of the Plaintiff Class, a legal
i, . \ '
1.
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.10 I et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant caJ'e, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree fo settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1, I 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attomey with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attomeys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
i
II
II
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August ] 7, 2005, should receIve
$ 100,000.
11. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHERJ:::OF:and intending to be legally bound, I have set my hand and
seal this (0 day of (..:J<~'-r<;J)(:>P;'\005.
WITNESS:
~JLU~ v. (}LUW'2:JQ-tA cC::\'
~ '-
----_.._.-.~
/---.......,., /-- ")
..... 1--" / I / .. /)
--- -7/ . . .' . .... -/......... . / J''';-? . .
~./ //__,/'e'----(..
\ / I: l::~"5(':c;;:_,. ~ / >" ./
, /~ I .'J '_'~~::// 't.-'" / , , ,
i---,----
310297
"
,)
1.
I'~""'
,.. . -. - ~'C - ,
CONSENT TO SETTLE
J;'/(f/j , am a member of the Plaintiff Class, a legal
,C-'-
/
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPRO V AL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. S837I, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal thl'SL'/./;/;,( day of /j'l; / /../.
/ .' /,/,j !h-' ' _
,2005.
WITNESS:
y.n~~~ ~
~
310297
3
1.
CONSENT TO SETTLE
I, J)f\lj\ 'H. LF\lh'n
, am a member of the Plaintiff Class, a legal
i
i
'I
II
II
II
ii,
I
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. 1 understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, 1 have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. 1 understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
II
II
II
"
II
Ii
,
I
Ii
1
II
It
,I
I
6. I have read and agree with the attached JOINT MOTION FOR APPRO V AL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
II
1
II
:1
il
II
I,
I
payment to the class.
10. I agree that each class member living on August 17, 2005, should receIve
$100,000.
I I. 1 agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
\ ,
, \:tn. Cl \L \ .
seal this \ day of it \ b Jt.R ,2005.
WITNESS:
~
.' . ')'
'~"1" r'-< f,;. ( .. A r-t:<.-..-J
o (
('hI ~IJ:>u )
,
1~~Nt.
\ / Q
fic. ';}SftJ?)Jf',
\
I
I
;1
II
310297
3
CONSENT TO SETTLE
;
1,.~;Jr:./'rd .IJ'1If-,U ilTTEZL- J , am a member of the Plaintiff Class, a legal
I
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
1.
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009. 1 01 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPRO V AL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and cosfs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation andlor settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on Augusf 17, 2005, should recelve
$100,000.
11. 1 agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 1;20 dayof (JL'\-oher-
,2005.
WITNESS:
~.
& c:~r Ii" ,;I
. '-';7 / (It Vk{'lZ1J.,
31 0297
3
CONSENT TO SETTLE
1.
I, {)""''''/I I., tf1/1rr,!,.s:
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was soughf and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
'1
I
,
I!
,
:1
I,
,i
Ii
ii
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1, I 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation andlor settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receIve
$100,000.
I!. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 17 E' day of #~lZ'd 1:',.('
,2005.
WITNESS:
.~-.:!.J >><tLi/y~-~
I /t"/r.;,Ld ,I /l.l(Uft;;,>
/
310297
3
1.
f)/I"\
:; '-. ". ,. -
I, ()((~ C t::
CONSENT TO SETTLE
I'
,,'
"7:::; Ci; ,'')
I,
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, ] 95 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 91009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
Ii
!
I
,I
\1
II
II
I'
II
'I
I:
"
'I
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receIve
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this If) day of () (! (of) 6t2...., ,2005.
WITNESS:
. y~')
,~ ~,/
J(~~_i~'\
(", ,;~:i /
\ // (,if 'I .! j .
"If ;' f ~LA/{ ~_~,L//
.,1
310297
3
CONSENT TO SETTLE
1. I, \7), "- \- : _ yc( \\,\', U "r , am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each ofthe settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation andlor settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. S8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receIve
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17,2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this '7~ day of OC~ \,;lv' ,2005.
WITNESS:
/}
('-~~ /4-f'l--<-bt'-~
20~j.~ \\~~'sz
Sworn and subscriblld before me
7J<> (, J.. .' <.,-
this_day of l.iC;.,M" 2Q1J)
i~-\ -
. '16\1";~~\ .;0. n,_ .1 iJ
... (J LI) <-<-\( ,"-../
V .
310297
COMMONWEALTH OF PENNSYLVANIA.
NOTARIAL SEAL
RUTH SCHAEFFER, Notary Public
Northampton Borough, Northampton County
_~..c:ol11mission!:~p;rf,s Oct ?2:3~,
1.
j'"
Vi I
I, .~; ; \'
CONSENT TO SETTLE
C . i\llJ.~sS , am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early I 990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
L
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
Ii
"
'I
'I
I,
11
I,
II
II
I.
h.
Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10.
I agree that each class member living on August 17, 2005, should receIve
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this
) '1
i ::> day of
() (lei { tX/
,2005.
WITNESS:
L
'. I'; '.1
;~ I 'if, I/i '-~I
'~1 Vi l l....-t. .{) l_L
,;).," f'
~,/ j[tVv,l'
~ (hL;'lj,jL
1
I
.v\..
\
'~
,I
:,1
"
310297
3
CONSENT TO SETTLE
I. I, ", am a member of the Plaintiff Class, a legal
. C.-.l>'
. .
guardian of a memb'r of the Plaintiffl6lass, or an Executor or Administrator of a deceased
member or the Plaintiff Class, III Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the earl y 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPRO V AL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in dan1ages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator ofthe Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
/-\, I
6 17; /. "r,-"- ,I
seal this"' / day of \...../..:A:.:~VL.J
,2005.
WITNESS:
___.4 '---'--J~':-:;
'4hz-/ ~.
c~./ /;{'3?~/' !J)-U/X-f)
( ---r-
'. ^."
....~.__w,/e
J..l d5!
,-~ . /
\ ~ -
'-.
//)
/ ~ ,,-.
Ic~o
I
310297
3
CONSENT TO SETTLE
1.
I, ;':Cc., ~, 1.1 -~; ('. k, c= \ \
,
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, 1 have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 19905 in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.SA S8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
I
I
\
I
II
]1
) 10297
2
h. Erie has agreed to pay for the fees and expenscs separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receiVe
$100,000.
11. I agree that Thomas Taube, through Jean Taube, should receIve an additional
$200,000 because without Jean Taube's courage and involvement over fhe last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
II
,I
I
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this
,rj
I day of
~.' \\
,., .
\ ./ (", {J V~,v -,C
,2005.
WITNESS:
~\ ~ P'ALfIO
'C, .' Vv,^ . i' '~.<L ~\ij,
\.)"..\ \IW,l1(O<'
~ -.~ . /);/1
_,-, 1 ..!"., 4'/1/' !c)t7
(~tfzaz'i&"/;; ~t-~tX-
310297
3
CONSENT TO SETTLE
1. I, Joseph J. Velitsky, Esq.. , am a member of the Plaintiff Class, a legal
Attorney for Estate of Mary Porvaznik,
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand fhat my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that;
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable an10unt of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
II. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this C'
day of (flc~
,2005.
WITNESS:
}>
-.-::-./ji'c_1. _:.- );_
..-;: /)
,'. /
"
;(, 171.-~':I':iZ -I..L-J~_A.- i
./ ,r
/ -
310297
3
~.,'I-"L
-, .' , fi
I ,~
I
I:
, 1
\ .
guardian of a member of the Plaintiff Class,
n~~i
I, .1J'a.d
CONSENT TO SETTLE
.I) ,
L-t.' , II I
I _-<..vll--
, am a member of the Plaintiff Class, a legal
or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
I!
,i
I:
:1
b.
As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
I
\i
,I
'I
II
II
I,
II
:1
Ii
,I
Ii
1
:1
I:
'I
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
I
I,
II
I'
,
9. specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact thaf the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 1)8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
'I
II
II
h.
'I
I.
II 10.
II $100,000.
11.
Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
I agree that each class member living on August 17, 2005, should receive
I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
./.;,,/.- .-'}", ,"}oj
seal this I ' day of /A.:o-lU!f::'::'J
I
III ~l/I.A:u'L12 I,-/Ju~
! WITNESS:
,
I
,2005.
ttI027-J L~ .~-( (;J{ ,
{/
I
I,
II
!I
!I
d
II
3]0297
3
II
I
II
I
I
,
I;
!i
I:
,
CONSENT TO SETTLE
1.
I, l:>lhl ~ d. \<. q \A \" I 'W\.lMo- ,am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Permsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
:1
:!
i
I
iil
I'
I
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,] 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
Ii
I
11
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receIve
$100,000.
I I. I agree that Thomas Taube, through Jean Taube, should receIve an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this ~~ day of hec.e.l't\.'~wr ,2005.
WITNESS:
~m'V~
A~...--f &t"~~- .-u
I
I
i
Ii
i
11
!i
II
;1
"
310297
3
II
__It'....
I.
c/
r, 1)&1/;11/111 1.---
CONSENT TO SETTLE
i
l-Io q '7
J !
. am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. !i 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree t.'J.at $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Tbirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A nu!nber of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
[I
II
II
I. .~
'I
h.
Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
11. r agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate ofa deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 14 day of {)d,{-,,~'
,2005.
WITNESS:
~i!i(,>v,-;;< !-~9 r;
if '/
/("/FI)()5"" .
310297
3
I,
II
il
).
'I
II
I
!,
I
I
I
CONSENT TO SETTLE
I. I, Eli zabeth Skrout, , am a member of the Plaintiff Class, a legal
Guardian of Patricia Skrout
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. ~ 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. 1 understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
'I
"
,I
'I!
Ii
I
I,
,I
II
I
I,
'I
I,
I
6. 1 have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. 1 specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
I
I!
II 310297
\1
II
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with COW1Se!
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
2
II
II
I
I)
I]
]
I
II
II
I
'I
II
Ii
I
I,
I
I
II
I
Ii
II
Ii
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receIve
$100,000.
11. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
] 3. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 12th day of
October
,2005.
WITNESS:
if /0
\../011'--<-'1/.0'1.-,,1 [.4
1
u
/ /
Ijr1-1(;.-?~-1:i';~l /
j/
J I / -7/ )' ..----1--
') '-- ..' ,;'/- L4,".{L /J . ,;./tk{.-d
:lJe/.t,iclM1 (,ir ;. ji i~ct
/ . "v -v~ ,,&1"'
I
310297
3
CONSENT TO SETTLE
1.
I,
, ,I",
f'i -i .!
I, i (
, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. S 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
i
II
-,
II
II
II
II
II
\1
II
I,
II
[I
II
II
]
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
h.
Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10.
I agree that each class member Jiving on August 17, 2005, should receIve
$100,000.
11.
I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
',::" ',' r', 'I '
'} '! I / irl" 'i)' !
seal this f ' , day of I' . ,2005.
WITNESS:
'f,. 1'/
v< i )1.1,'\ ,(
,'..'\ .,
! ;]'~'
",:'',:?/,,:,'\
,'/
,/f l.
/' II -:---f'"
-- <::.-----'-------'-i~ t21_/lrv:.;
-----. 'U_ ~_----=_-......... . - /
/
310297
o
~
CONSENT TO SETTLE
I. I, C t~'-T\,\.A E. S-\-il.(ck kv~m a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, 1 have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether 1, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
1
I,
II
I
I
!:
II
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $ I, I 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
I
I
!I
I
:1
I,
I[
,
I
I,
II
I,
I
I
II
I
I
h. Erie has agreed to pay for the fees and expenses separate and apart ["rom the
payment to the class.
10. 1 agree that each class member living on August 17, 2005, should receive
$100,000.
11. 1 agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this / '7 day of~) ,2005.
WITNESS:
I
. 6~{)~
~~ ~?,.grj\:'t04n-vl
3] 0297
3
......
I
'I
I:
,[
[,
'I
,
,
CONSENT TO SETTLE
1. I,Edward E. Stull, Sr., Executo';" am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
6. I have read and agree with the attached JOINT MOTION FOR APPROV AL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given !he defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,1 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
Ii
II
II
il
Ii
II
!I
\1
I.
II
1
I,
II
I
;1
I:
[I
,
!I
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member Jiving on August 17, 2005, should receive
$100,000.
11. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this 12 th day of October
,2005.
WITNESS:
'e ~,~ h>f--Il1) f'tCf
~'~~J__-
Patrick J. Lavelle, Esquire
Edward E. Stull, Sr., Executor
of the Estate of Mary Ann Stull,
deceased
310297
3
"
I'
i,
Ii
',I
I'
II
'II
il
!I
I
.
CONSENT TO SETTLE
/",
- ~.
I, \~ L' (('11 / I ,-cot 1>..-[/ i'./
j
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
1.
. am a member of the Plaintiff Class, a legal
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 91009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. 1 understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
II
I
II
!i
. ,
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
Ii
~ I
II
I
II
"
,
I
I
II
I
,[
I[
II
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. S8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
;i
'Ii
I!
il
,I
II
)1
II
I
Ii
I
I
I[
II
)
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member Jiving on August 17, 2005, should receIVe
$ I 00,000.
I I. I agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. I agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
seal this ,I .J..; day of
/)
t./ .....;.~,' ','
.:.--/-/lL.l'--I-Li!.-- C,--'
,2005.
WITNESS:
-----;.,
177 1 . '-. .
/i."c,\ ,(fr./L
,
(,
-lJ..
" ',,! /'",
. .
,d ~. ~.-/
~L~I;'" v,
/)
j
j'
~'J"A.-l_{
-i.(:<_C
3102'}7
"
~
'I
. i
II
11
II
,I
'I
I,
"
!I
II
II
I
I
.
CONSENT TO SETTLE
~~J . ../0-
I. I,:;;z;J~ f -; ~, am a member of the Plaintiff Class, a legal
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. 9 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 1990s in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each of the settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
I
I
I
II
I:
I
1,1
Ii
. ','[
Iii
!I
I,
'I
II
I,
I
"
!I
I
,[
II
I
,
~
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $1, I 00,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1,100,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length ofthis case;
c, The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. 98371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
310297
2
, .
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. I agree that each class member living on August 17, 2005, should receive
$100,000.
11. 1 agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. 1 agree that the estates of the class members deceased before August 17, 2005,
should each receive an equal distribution of the residual amount of the settlement or
approximately $66,667.
\3. Intending to be legally bound hereby I sign in my capacity as an adult individual
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, 1 have set my hand and
-~
seal this /::; day of
.;;rr-' .1
ccc~It:e-(./
,2005.
WITNESS:
'J' /)
/ '(,.Z2;))
-tFj,;:."
//
I
I
I
I'
II
II
I.
310297
3
1,1
, I
II
\,
1\
I,
II
'I
I'
,I
1\
Ii
I
II
II
I
4
/!
CONSENT TO SETTLE
/ "'
f ~, /
(;1_-(>. '/ am a member of the Plaintiff Class, a legal
1.
guardian of a member of the Plaintiff Class, or an Executor or Administrator of a deceased
member or the Plaintiff Class, in Taube v. Erie Insurance Exchange, 195 Civil 1992
(Cumberland Co.).
2. I understand that the Plaintiff Class in Taube is comprised individuals who were
catastrophically injured in automobile accidents and who were Erie insureds under the since-
repealed Pennsylvania No-fault Motor Vehicle Insurance Act, 40 P.S. ~ 1009.101 et seq.
3. I acknowledge that through the Taube class action, I have presented claims for
bad faith stemming from Erie's attempts to settle my or my ward's or decedent's claims for
custodial care, attendant care, and maintenance care in the early 1990s.
4. I understand that my claims have been disputed by Erie, and in its defense Erie
has asserted, among other things, that:
a. Many members of the Plaintiff Class did not settle their claims for attendant care,
maintenance care, or custodial care benefits and, therefore, were not harmed by
Erie's alleged bad faith actions;
b. As part of its attempt to settle the claims of its insureds, Erie sent letters to
Plaintiff Class members in the early 19905 in which it advised them to hire
attorneys and that it would pay up to $200 for an attorney; and
c. In each ofthe settled cases, court approval was sought and obtained.
5. I understand that there is uncertainty as to whether I, my ward, or decedent will
receive any money or the amount of money that may be received in the pending class action.
"
6. I have read and agree with the attached JOINT MOTION FOR APPROVAL OF
CLASS ACTION SETTLEMENT.
1:1
I'
II
,
I
7. I specifically agree to settle this class action for a total of $3,500,000 in damages
and $ 1,100,000 in attorneys' fees and costs.
8. I specifically agree that $3,500,000 in damages is a reasonable amount of money
given the defendants' conduct, the number of class members, and the inherent risks associated
with litigation.
9. I specifically agree that $1, I 00,000 IS a reasonable amount of money for
attorneys' fees given:
a. The complexity of this case;
b. The length of this case;
c. The fact that the attorneys' fees AND costs in this case are less than 25% of the
total amount received from the Defendants;
d. Thirteen of the class members signed individual Power of Attorney with counsel
in which they agreed to fees of 30-40%;
e. Many members of the class did not settle their cases with Erie and have suffered
no harm;
f. A number of individuals who did settle and suffered harm have separate claims
and have through litigation and/or settlement obtained or will obtain
compensatory non bad faith recoveries;
g. Unlike the No-Fault Act, the bad faith statute, 42 Pa.C.S.A. &8371, has no
limitation on the recovery of attorneys fees and no requirement that fees be based
upon time rather than contingency percentage; and
II
II
Ii
310297
2
, '"
h. Erie has agreed to pay for the fees and expenses separate and apart from the
payment to the class.
10. J agree that each class member living on August 17, 2005, should receIve
$100,000.
11. J agree that Thomas Taube, through Jean Taube, should receive an additional
$200,000 because without Jean Taube's courage and involvement over the last 13 years, there
would have been no class action.
12. J agree that the estates of the class members deceased before August 17, 2005,
should each receIve an equal distribution of the residual amount of the settlement or
approximately $66,667.
13. Intending to be legally bound hereby I sign in my capacity as an adult individual
'I
II
I;
i
I
.
and in my capacity as member of the Plaintiff Class, a guardian of a member of the Plaintiff
Class, or an Executor or Administrator of the Estate of a deceased member of the Plaintiff Class.
IN WITNESS WHEREOF, and intending to be legally bound, I have set my hand and
" ~---" ,,;?7 ./' /
seal this <';' day of ,"/(~(~ /r'-e,/f__---'
,2005.
WITNESS:
'A rmQ 1.>(111<; ~ q~V(Of'AWL
~'{,? , <!'/~<\ /'-1/ /)
\~." -- /)r--;u.____'1c~p____/kp L______.7 ~.Y_4 r.~:-(,~- /~/
. ..- ------ / ) -
,/ /
~/
3]0297
3
i~'
~ .' J
;i1
I
C'
~',,'
..
... .
ANGINO & ROVNER, P.c.
Richard C. Angino
Attorney ID#: 07140
Joan L. Stehulak
Attorney ID#: 29496
Daryl E. Christopher
Attorney ID#: 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
E-mail: rca@ANGINO-ROVNER.COM
E-mail:JSTEHULAK@ANGINO-ROVNER.COM
E-mail:DCHRISTOPHER@ANGlNo-ROVNER.COM
Attorneys for Plaintiff(s)
JEAN TAUBE, in her own right and
as Guardian of the Estate and
Person of Thomas Taube, an
Incompetent, and all others
similarly situated,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V AN1A
Plaintiffs,
v.
NO. 195 Civil 1992
CLASS ACTION LAWSUIT
ERIE INSURANCE EXCHANGE, d/b/a
ERIE INSURANCE GROUP and
ERIE INSURANCE COMPANY, d/b/a
ERIE INSURANCE GROUP,
Defendants.
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned case settled, satisfied, and discontinued with prejudice.
.. ~ I --.... .
Please also issue a Certificate of Discontinuance.
Date: S//VOG
326173
Respectfully submitted,
AN GINO & RO
~'
-"
~
Daryl E. 'stopher, Esquire
I.D. No. 91895
4503 N. Front Street
Harrisburg, P A 17110
(717) 238-6791
Counsel for Plaintiff(s)
2
,(
CERTIFICATE OF SERVICE
I, Shirley Corman, an employee of Angino & Rovner, P.C., do hereby certify that I have
served a true and correct copy of the foregoing Praecipe to Discontinue upon counsel for
Defendants by placing same in the United States mail, postage prepaid, addressed as follows:
Craig Murphey, Esquire
MacDonald, Illig, Jones & Britton, LLP
100 State Street, Suite 700
Erie, PA 16507-1498
Attorney for Defendants
., ;J
~uv"'--
Shirley orman
Date: S/;I/d b
,-
\
(') ~
<::::> 0
c;:; = "
~
~~'::: :J: :r!"
,-r;g >
2."7 -< f'l1;=
.?:: j -om
C/)J, N :00
-/ , Q.L
'"
r-' :;jSr;
~-
t~~(_.,. -0 -:A- -t''1t
::J: C)-_f
..:.:: ., 20
J;~ () 15m
-'c: w
Z ~
=< 0
-<