NOTICE OF PENDENCY OF CLASS ACTION

Transcription

1 LEVIN, FISHBEIN, SEDRAN & BERMAN By: Daniel C. Levin, Esquire (80013) 510 Walnut Street, Suite 500 Philadelphia, PA telephone facsimile JURY TRIAL DEMANDED By: Robert F. Claraval, Esquire P.O. Box Harrisburg, PA telephone ATTORNEYS FOR PLAINTIFF Edward Schappell, D.C., On Behalf of Himself, And All Others Similarly Situated, COURT OF COMMON PLEAS DAUPHIN COUNTY v. GEICO CORPORATION Plaintiff, Defendant. LAW DIVISION CIVIL ACTION NO S2001 JURY TRIAL DEMANDED NOTICE OF PENDENCY OF CLASS ACTION TO: All providers who pursuant to 75 Pa. C.S.A et Sec. (MVFRL) submitted their proper bills for treatment to Geico Corporation ( Geico ) and for whom interest was not paid for delays of payment in excess of thirty (30) days for the days between March 21, 1997 through present. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR LEGAL RIGHTS MAY BE AFFECTED BY THIS LITIGATION The Court of Common Pleas for Dauphin County authorized this notice. It is not a solicitation from a lawyer. You are not being sued. YOU ARE RECEIVING THIS NOTICE BECAUSE YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION LAWSUIT RELATED TO GEICO S FAILURE TO PAY INTEREST ON LATE CLAIMS. THE LAWSUIT IS PENDING IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. THE COURT HAS ORDERED THAT THIS NOTICE BE SENT TO YOU. THE PURPOSE OF THIS 1

2 NOTICE IS TO INFORM YOU HOW THE LAWSUIT MAY AFFECT YOUR RIGHTS AND WHAT STEPS YOU MAY TAKE. THIS NOTICE IS NOT AN EXPRESSION BY THE COURT OF ANY OPINION AS TO THE MERITS OF THE CLAIMS OR DEFENSES ASSETED BY EITHER SIDE IN THIS LAWSUIT. YOUR LEGAL RIGHTS AND OPTIONS IN THIS CASE: Exclude Yourself Do Nothing If you exclude yourself from the class, you will not be bound by the class and will not be entitled to relief sought. You will be free to pursue your claims against Geico. This is the only option that allows you to bring or be part of any other lawsuit against the Geico in this case about the same legal claims that are advanced in this case. You must exclude yourself from the class by June 4, If you do nothing, you will be a member of the class. If you fall within the Class as defined more fully in this Notice, you are a member of the Class. IF YOU WISH TO REMAIN A MEMBER OF THE CLASS, YOU DO NOT NEED TO DO ANYTHING AT THIS TIME. I. WHY DID I GET THIS NOTICE PACKAGE? You or someone in your practice may have submitted a bill to Geico for treatment of one of its insured who was involved in an automobile accident between 1997 through the present. The bill presented to Geico was not paid within thirty days and was not provided interest on it pursuant to the law. You may be entitled to interest at a rate of 12% per anum on that bill. II. WHAT IS THIS LAWSUIT ABOUT? Plaintiff claims in this lawsuit that Geico had a policy, practice and procedure of not paying interest on bills submitted to Geico regarding treatment of Geico s insureds who were involved in an automobile accident within thirty days at a rate of 12% per annum as required by the law. The Court in charge of this case is the Court of Common Pleas of Dauphin County, The Honorable John F. Cherry presiding. The case is titled Schappell v. Geico Corporation, Civil Action No S2001. The person who sued Geico is called the plaintiff and the person being sued, Geico, is called the defendant. 2

3 III. WHY IS THIS A CLASS ACTION? In a class action, one or more people, called the Class Representatives (in this case, Edward Schappell, D.C.), sue on behalf of all people who have similar claims. All of these people are a Class or Class Members. A class action resolves the issues for all Class Members, except for those who exclude themselves from the Class. IV. HOW DO I KNOW IF I AM PART OF THE CLASS? If you submitted a bill to Geico for treatment of a Geico insured who was involved in an automobile accident and your bill, that was not challenged or peer reviewed, was not paid within thirty days and was not provided interest on the bill at a rate of 12% per annum. The Class Period commences on March 23, 1997 and extends to the present. V. HOW DO I KNOW WHETHER THE BILLS FOR WHICH I SUBMITTED QUALIFY ME FOR INCLUSION IN THE CLASS? Through a review of Geico s policy, plaintiff has identified that you have submitted bills to Geico which were not paid within thirty days and were not provided interest. Plaintiff will further determine whether these bills are entitled to interest by review of the file and determining whether the bills were challenged. VI. I AM STILL NOT SURE IF I AM INCLUDED. If you are still not sure if you are included, you can ask for help. You can call Class Counsel who may help answer your questions. VII. WHAT DOES THE CLASS SEEK? The class seeking interest on bills not paid within thirty days were not provided interest at a rate of 12% per anum. VIII. WHAT AM I GIVING UP TO STAY IN THE CLASS? Unless you exclude yourself, you are staying in the Class, and that means you can t sue, continue to sue, or be part of any other lawsuit against Geico, its employees, or its elected officials about the legal issues in this case. It also means that all the Court s orders will apply to you and legally bind you. 3

4 EXCLUDING YOURSELF FROM THE CLASS If you do not want a to be a member of the class, but you want to keep the right to sue or continue to sue Geico on your own about the legal issues in this case, then you must take steps to preserve these rights. This is called excluding yourself - or is sometimes referred to as opting out of the Class. IX. HOW DO I GET OUT OF THE CASE? To exclude yourself from the class, you must send a letter by mail saying that you want to be excluded from Schappell v. Geico Corporation. Be sure to include your name, address, telephone number and your signature. You must mail your exclusion request postmarked no later than June 4, 2012 to Daniel C. Levin, Esquire, Levin, Fishbein, Sedran & Berman, 510 Walnut Street, Ste. 500, Philadelphia, PA You can t exclude yourself on the phone or by . If you exclude yourself, you will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Gecio in the future. X. IF I DO NOT EXCLUDE MYSELF, CAN I SUE GEICO FOR THE SAME THING LATER? No. Unless you exclude yourself, you give up the right to sue Geico for the claims that this class involves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this class action to continue your own lawsuit. Remember, the exclusion deadline is June 4, XI. IF I EXCLUDE MYSELF, CAN I GET MONEY FROM THE LAWSUIT? No. If you exclude yourself, you will not receive benefits from this lawsuit. THE LAWYERS AND INDIVIDUALS REPRESENTING YOU XII. DO I HAVE A LAWYER IN THIS CASE? The Court approved Levin, Fishbein, Sedran & Berman of Philadelphia, Pennsylvania to represent you and other Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 4

5 XIII. HOW WILL THE LAWYERS AND THE CLASS REPRESENTATIVES BE PAID? Class Counsel will seek attorney fees at conclusion of the case from defendant or a percentage of the fund obtained for the class. XIV. EXAMINATION OF PAPERS AND INQUIRIES. This Notice contains only a summary of the litigation and your rights as a potential Class Member. For more detailed information regarding the matters involved in this litigation, please refer to the papers on file in this matter, which may be inspected, during business hours, at the Dauphin County Prothonotary s Office, Court of Common Pleas, Front & Market Street, Harrisburg, PA PLEASE DO NOT CONTACT THE COURT FOR INFORMATION ABOUT THIS LAWSUIT. If you want additional information, you may contact Plaintiff s counsel, Daniel Levin, identified above, at