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HomeMy WebLinkAbout03-0467Andrew W. Barbin Atty. I.D. g43571 Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 YVONNE M. MANN, 138 Hill Lane Mechanicsburg, PA 17055 Plaintiff PFIZER, INC. 235 East 42nd Street New York, NY 10017-5755 and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA) Routing P250 P. O. Box 22325 Pittsburgh, PA 15222-0325, Defendants Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: DEFENDANTS NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights importance to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfu y su ltted -- ) Al~drew W. B'arbi'h Atty. I.D. ~43571 ANDREW W. BARBIN, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 Counsel for Plaintiff DATED: January 30, 2003 Andrew W. Barbin Atty. I.D. #43571 Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 YVONNE M. MANN, 138 Hill Lane Mechanicsburg, PA 17055 Plaintiff PFIZER, INC. 235 East 42nd Street New York, NY 10017-5755 and CONNECTICUT GENERAL LIFE : INSURANCE COMPANY (CIGNA) : Routing P250 : P. O. Box 22325 : Pittsburgh, PA 15222-0325, : Defendants : Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT Yvonne M. Mann, by and through counsel, Andrew W. Barbin, P.C., hereby files this Complaint against the Defendants, Pfizer, Inc. and Connecticut General Life Insurance Company (CIGNA) and avers as follows: 1. Yvonne Mann is an adult female citizen of Pennsylvania. 2. Pfizer, Inc. is a New York Company which employed Plaintiff in Pennsylvania and which regularly does business in Pennsylvania. 3. Connecticut General Life Insurance Company (CIGNA) is a Connecticut Company which contracted with Pfizer to administer a Long Term Disability Benefits Plan for Pfizer regarding Pennsylvania employees through CIGNA offices in Pittsburgh, Pennsylvania and other locations in the Commonwealth. Jurisdiction and Venue 4. Yvonne Mann was a resident of Mechanicsburg, Cumberland County during the time period in question. 5. Yvonne Mann had a sales terhtory which included Cumberland Count (and most of the counties in central Pennsylvania) throughout the relevant time period. 6. The majority of events which give rise to the causes of action set forth in this Complaint occurred in Cumberland County, Pennsylvania. 7. Jurisdiction and venue over all claims set forth in this Complaint is proper in the Court of Common Pleas of Cumberland County, Pennsylvania. Facts Common to All Counts 8. Yvonne Mann was hired by Pfizer, Inc. November 18, 1996 as a Sales Representative. 9. Yvonne Mann worked from an office in her home in Mechanicsburg, Cumberland County, and worked a territory which included Cumberland County and other counties in Central Pennsylvania. 10. Yvonne Mann performed well in the position and was a lead performer during her first year with the company. 11. Yvonne Mann was promoted to a Specialty Representative position. 12. Yvonne Mann performed well in this position, and won several company awards while serving in this position. 13. By 1999, her compensation package at Pfizer was calculated at $97,195. 14. As part of her compensation, Pfizer offered both short term and long term disability benefits. 15. These pans were benefit plans under ERISA, 29 U.S.C. § 1132. 16. The benefits were provided through CIGNA administered Plans. 17. With respect to Long Term Disability (LTD) benefits, anyone earning more than $75,000, would receive payments from both Pfizer and CIGNA under the terms of the LTD Plan. 18. In 2000, Yvonne Mann began to suffer symptoms of Chronic Fatigue Syndrome, and was eventually diagnosed with "fibromyalgia and Chronic Fatigue Syndrome." 19. Yvonne Mann became disabled prior to February 25, 2000. 20. The disability was documented by substantial competent medical evidence of her treating physicians and medical professionals. 21. It was confirmed by an independent medical exam required by Pfizer in June 2000. 22. Pfizer approved and paid Short Term Disability Benefits relating to the disability in March 2000, effective February 25, 2000. 23. Pfizer, through CIGNA, approved Long Term Disability Benefits, on August 30, 2000. 24. Under the terms of the Plan, part of the long term disability payment was paid by CIGNA, and part was paid directly by Pfizer. 25. The Social Security Administration approved disability benefits September 25, 2000, effective August 2000 based on a 5 month waiting period and a determination that disability commenced February 24, 2000. 26. In February 2001, Pfizer improperly terminated Yvonne Mann's medical insurance benefits. 27. The benefits were not reinstated until after Long Term Disability (LTD) Benefits were improperly terminated, termination of benefits. 28. 29. present date. 30. and counsel had contacted CIGNA regarding the improper Yvonne Mann continues to be completely disabled through the present date. Yvonne Mann continues to receive Social Security Disability benefits through the No treating physician has supplied any information or opinion that Yvonne Mann was no longer disabled. 31. On February 28, 2002, CIGNA on behalf of CIGNA and Pfizer sent notice of termination of benefits, based on an alleged but undisclosed "file review" by an undisclosed physician. 32. The alleged written response of the "Reviewer" was not included with the termination letter, though the letter allegedly quoted from the response of the reviewer. 33. CIGNA acknowledged in the termination letter that the Physician had not spoken with any of the treating medical personnel. 34. The reviewing physician did not examine, or even speak with Yvonne Mann. 35. CIGNA did not request and Independent Medical Examination under the terms of the Plan, no IME was performed before termination. 36. CIGNA did not give Yvonne Mann notice of any request for supplemental documentation regarding her current condition or notice that a file review would be conducted to determine her continued eligibility for benefits. 37. The February 28, 2002 letter announcing termination of benefits admitted that Yvonne Mann continued to be appropriately diagnosed with "Fibromyalgia and Chronic Fatigue Syndrome." 38. CIGNA claimed that the reviewer concluded that medical notes of other professionals, with whom the reviewer did not speak, regarding Yvonne Mann's self report of life activities supported a conclusion that she could perform "sedentary/light work" and was therefore not disabled. 39. A review of the actual underlying notes reveals that the reviewer engaged in an opportunistic and jaundiced parsing of details taken out of context to achieve a conclusion wholly unsupported by the actual notes, taken as a whole, and read in context. 40. This analysis ignored the fact that under the LTD policy, benefits were still tied to whether she could return to her former position, and not to a hypothetical sedentary light duty position. 41. The actual work duties performed by Yvonne Mann prior to her disability involved an aggressive travel and work contact process which could in no rationale sense be described as sedentary, light duty; and no sedentary light duty assignment had ever been offered by the Pfizer to Plaintiff, or reviewed for appropriateness by any of her treating medical professionals. 42. The February 28, 2002 letter announcing termination of benefits went on to state: The Reviewer was also asked to comment on how "someone with chronic fatigue would be able to attend to a newborn, but cannot function in an employment setting?" In response the reviewer noted: "This is ludicrous. If a patient can conceptualize the idea of being pregnant, allow her body to carry a child to term and then take on the responsibility of caring for a newborn child (and soon thereafter a toddler, etc.), she should be able to engage in full time sedentary/light work." 43. The medical in nature. 44. The assertions were chauvinistic, paternalistic, fallacious and patently non- medical records reflected that Yvonne Mann consulted her treating physicians and was cleared for the attempt at pregnancy based on her physical condition at that time and the presence of more than adequate extended family support throughout the process. 45. Yvonne Mann was determined to be pregnant in August 2001, but miscarried in September 200 I, long before the alleged file review. 46. Yvonne Mann was instructed that because of complications related to the miscarriage, she was not to consider a further pregnancy for at least 6months, after the alleged review; hence the record reflected no contemplated pregnancy at the time of the alleged review. 47. The opinions of the Reviewer reflected a non-medical decision solicited with outcome determinative questions, and conducted in a conclusory and bad faith manner. 48. The attempt to become pregnant in no way supported a rational or good faith conclusion that Yvonne Mann was not still disabled from full time employment. 49. No documentation of alleged attempts to contact the treating physicians and other treating medical personnel were provided to Yvonne Mann with the termination notice, and there is no indication that the purpose or urgency of any of the alleged contacts (if any) were explained to the physicians. 50. No dates or types of contact attempts were supplied. 51. The February 28, 2002 letter announcing termination of benefits reflects pretextual analysis. 52. Benefits were terminated improperly and with bad faith on March 31, 2002. 53. In April 2002, undersigned counsel contacted the author of the February 28, 2002 letter, Ms. Lukasic, to request information regarding the review such as the reviewer's report and any communications with the treating doctors, and to seek clarification of the grounds relied upon for the termination of benefits. 54. Ms. Lukasik on behalf of CIGNA and a Pfizer indicated that no additional information would be voluntarily provided, and that Yvonne Mann could seek reconsideration without benefit of additional information, or she could file a civil suit. 55. The existing information including the confirmation of the diagnosis by the alleged reviewer confirmed that the decision was without basis. 56. Ms. Lukasic indicated that the pregnancy discussion was not the basis of the termination, and that the self report of life functions was the ultimate basis for the decision. 57. Copies of the Short Term Disability approval, the Long Term Disability Approval, the Long Term Disability summary plan and the Long Term Disability termination letter are attached as Exhibit A hereto. All other documents constituting the contract of employment and the full benefits plans are in the possession and control of the defendants. Count I Breach of Contract Violation of ERISA 29 U.S.C. §1132(a) Against All Defendants 58. Paragraphs 1-57 are incorporated by reference as if restated here verbatim. 59. Defendant Pfizer terminated medical benefits in breach of contract, in violation of ERISA and in bad faith. 60. Defendants Pfizer and CIGNA terminated Long Term Disability benefits, in breach of contract, in violation of ERISA § 502(a), and in bad faith. 61. The denial of medical benefits and Long Term Disability benefits resulted in an inability to maintain appropriate treatment and exacerbated and prolonged the disability. 62. The direct, proximate and foreseeable injury caused by the conduct included extreme emotional distress with physical symptoms and financial losses due to continued inability to return to gainful employment. 63. The conduct of the Defendants was in bad faith and was outrageous. 64. The conduct warrant impositions of attorneys fees. WHEREFORE, Yvonne Mann seeks judgment against ALL DEFENDANTS jointly and severally for compensatory damages in excess of Fifty Thousand ($50,000) Dollars, together with interest, attorney's fees and costs and such other relief as tlfe Court may deem just. Re spec t~,t~/~b/mitfled,~ / ]/]~"yXlndrew W~. B~rb~n/,~'~'''~ - Andrew W. Barbin, P.C. Atty. I.D. #43571 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 Attorney for Plaintiff Yvonne M. Mann DATED: January 30, 2003 Andrew W. Barbin Atty. I.D. 43571 Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 Counsel for Plaintiff YVONNE M. MANN, Plaintiff PFIZER, INC. and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA), Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. VERIFICATION I, YVONNE M. MANN, verify that the statements made in the foregoing COMPLAINT are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. M. MANN DATED: I/..~/0~ "EXHIBIT A" Angie Luk~sik Case Manager CIGNA Group InsUrance Life · Accident. Disability February 28, 2002 Yvonne Mann 138 Hill Lane Mechanicsburg, PA 17055 Routing P250 P.O. Box 22325 Pittsburgh PA 15222-0325 Telephone 1.800.238.2125 extension 3032 Facsimile 412.402.3283 Claimant's Name: Yvonne Mann Social SecUrity Number: 162-62-8375 Policy Number: NYK 00022 79 Policyholder: Pfizer Inc. Underwriting Company: CIGNA Life Insurance Company of New York Dear Ms. Mann: This letter is in regards to your Long Term Disability (LTD) benefits you have been receiving as a result of your employment with Pfizer Inc. The following' Definition of Disability was taken directly from your policy: An Employee is Disabled if, because of Injury or Sickness, 1. he or she is unable to perform all the material dufies of his or her regular occupation; and 2. after Monthly Benefits have been payable for 24 months, he or she is unable to perform all the material duties of any occupation for which he or she may reasonably become qualified based on education, training or experience. In order for our office to determine if you remain disabled under the terms of your policy, we__~equested updated medical information from Nelson Gantz, M.D., Joseph Acri~ D.O and Jamie Offs, LSW. We received a response to our request for updated medical information from Dr. Gantz. His' response documented your treatment through August 7, 2001. At that time, it was noted you were "worse", had "increased tiredness" and also had "some motion sickness." However, yo-'~ndicated you were "considering getting pregnant". Based on y~ur statements, continued Zoloft was the only recommended prescribed drug therapy. This was . due to "the possible occurrence of a pregnancy.'' Dr. Acri also responded to our request for additional medical information by providing your treatment note dated September 28, 2001. On this date, it was noted that you had been Life [nsuxanc~ Company o! North America Con~:lcu~ General Life Insurance Company CIGNA Lift lmuranc~ Company of N~w York Yvonne Mann February 28, 2002 Page 2 pregnant and still ·suffer from "chronic fatigue syndrome symptoms." On examination, normal findings were indicated and your condition was again referenced as "Chronic fatigue syndrome." From Ms. Orrs, we did not receive a response. We requested additional information from Ms. Orrs on three occasions. However, Ms. Orrs has failed to respond to any of our requests for additional medical information. Please note, you were initially provided with a copy of our request to Ms. Offs. In order to better understand your abilities in light of your complaints, we referred your file to a phys.i, cian Board Certified in Occupatiolnal arid Environmental Medicine. This physician reviewed your file on January 6, 2002. Based on his review, it was indicated you meet "appropriate diagnostic criteria for both fibromyalgia and Chronic Fatigue Syndrome." Although we understand that you are diagnosed with these conditions, we need to determine what your functional abilities are in light of your diagnoses. This Physician's · review led him to conclude: "there is no reason why she can't return to her job as a sales representativo. The patient's description of her own daily activities, ability to engage i---~ activities of daily living, reading, walking for a mile, etc., more than supports the ability to en~gage in sedentary/light work and also dismisses the assertion of significant cognitive _impairment." - The Reviewer was also asked to comment on "how someone with such chronic fatigue would be able to attend to a newborn but cannot function in an employment setting?" In response, the Reviewer noted: "The a. ssertion is ludicrous. If this patient can conceptualize t~he idea of getting pregnant~ allow her body to carry a chilci to termr and then take on the- r.esponsibility of caring for a newborn child (and soon thereafter a toddler~ etc.)~ she shou]kl b.~e able to engage in full time sedentary/light work." The Reviewer did acknowledge: "This assessment in no way is intended to suggest that the patient does not need medical care or that she does not have various medical syndromes ascribed to her. Nonetheless, the issue for review at this time is her'functional abilities. The file data, the physician's notes, the patient's Self report, and her idea of future plans ali t°gether support that there is nothing precluding full time sedentary/light work at this time." The reviewer further noted: "the data for review does not support total disability for a psychiatric reason, either." The Reviewer had attempted to speak with Dr. Gantz. However after several attempts, the Reviewer "was unable to mare contact." Based on our review of the above information, w.e are advising you that a decision has been made to terminate your claim. The information on file documents you have the ability perform your occupation. As a result of this determination, you would not be considered to be disabled under the terms of your policy. Therefore, you are not entitled to further LTD benefits. As a courtesy, we will extend benefit~ through March 31~ 2002. However, no further benefits will be issued after this date. Yvonne Mann February 28, 2002 Page 3 You have the right to bring a legal actit~n for benefits under the Employee Retirement .......... ~_'.~Act of 1974'(~R!~~..~ f~llo~nq ~ adverse Dene~t d~min~on on ~aL You may request a review of this te~ination by ~i~g to the CIGNA ~fe Insurance Company of New York representative signing t~s le~er. T~s ~itten reouest for review ~ust be ~en~t~. 18o d~ oftecei~ of this letter and ?ate the r~aso~s w~v rob feel your cl~m should not h~o ,~en term*hated. Include any documentation (e.g. memca~ uata) mat you feel suppu~,~ a ~a~m ot disabili~ from your occupation. ~is medical data may include, but is' not limited to, office/therapy notes, consultation reports, test results, hospital admission/discharge su~aries, and physical therapy progress notes from September 28, 2~1. U~der no~l drcumst~ce, you ~11 he notified in u~tjng of the ~,~, ~eo~i~, w~thi~ aZ dav~ 6t ~he a~."~out request ~s te~vdd. If t~ete are ~wec~al c~rcum~tanc~s roq~iri~ 9eib,, you wi, ne not~n~ fi~ ~oc~sion~dlater t~an 90 Oars a~er your rem~,* ,~ ~-~vr~. ' Nothing contained in this letter should be construed as. a waiver of any rights or defenses under the l~olicy. This determination has been made in good faith and without preiudice under the terms and conditions of the contract, whether or not specifically mentioned herein. Should you have any information which would prove contrary to our findings, ' please submit it to us. We will be pleased to review any information you may wish to submit. Should you have any questions, please do not hesitate to contact me. Sincerely, Angie Lukasik Case Manager Integrated Claim Services CIGNA Group Insurance Life- Accident - Disability August 30, 2000 Yvonne Mann 138 Hill Lane Mechanicsburg, PA 17055 Routing P250 P.O. Box 22325 Pittsburgh PA 15222-0325 Telephone 1.800.238.2125 extension 3032 Facsimile 412.402.3283 Claimant's Name: Yvonne Mann Social Security Number: 162-62-8375 Policy Number: NYK 0002279 Policyholder: Pfizer Inc. Underwriting Company: CIGNA Life Insurance Company of New York Dear Ms. Mann: We are pleased to advise you that your claim for Long Term Disability (LTD) benefits has been approved. Your first check will be sent separately on approximately September 25, 2000 in the amount of $4,340.00 representing benefits due for the period of August 30, 2000 through September 30, 2000. Please refer to the enclosed LTD Benefit Worksheet which shows how your benefits were calculated in accordance with the provisions of the LTD contract. You should be aware of the following items concerning your LTD Benefit Policy: The LTD contract provides benefits at 70°,6 of your contractually-defined earnings less other applicable benefits you receive or are entitled to receive due to your disability. Benefits commence following the Benefit Waiting Period which ends on August 29, 2000. Your current net benefit of $4,200.00 per month will be issued at monthly intervals at the end of each benefit period. Of course, payment of future benefits will depend on certification of your continuing disability, and on other, applicable contract provisions. Your LTD benefits are generally reduced by any other benefits you receive, and is so stated in your contract, by any Social Security benefits your dependents receive on account of your Social Security award. Please notify us immediately if you are receiving or should become entitled to receive any income from other sources such as Social Security Disability or Retirement, etc. In the event that the sum of any other benefits you receive exceeds your gross LTD Benefit for any given period, the contract provides a minimum benefit of $50.00. Life Insurance Company of North America Connecticut General Life [nsu/ance Company CIGNA Life Insurance Company of N~w York Yvonne Mann August 30, 2000 Page 2 Your LTD benefits are currently considered taxable income for Social Security (FICA) Tax, Federal Income Tax (FIT), and, in some cases, State Tax purposes. FICA taxes are mandatory and are automatically deducted from the LTD benefits issued during the 6 calendar months immediately following the month in which you last worked. Federal Income Taxes may be deducted from your LTD benefits on an entirely voluntary basis. Should you wish to have all or a portion of your FIT taxes due on your LTD benefits withheld from your LTD check, you will need to complete a Federal Tax Withholding Form (W-4S), which you may obtain through'our office or your'local IRS office, and submit it to our office in order for withholding to commence on future checks. The law requires that you designate on the Four, W-4S the amount you want withheld and that the amount be no less than $88 per month and expressed in whole dollars. You may cancel or change your deduction amount at any time by completing another Form W-4S. To qualify for benefits under your LTD contract, during the first 24 months, you must be unable to perform the essential duties of your occupation. Thereafter, you must be unable to engage in the essential duties of any occupation to qualify for benefits, subject to any other benefit limitations stated in your contract. We will be requesting periodic updates on the status of your disability and we reserve the right to have you examined by a physician of our choice. Please note the Monthly Benefits are payable only while you are under the care of a licensed physician. Should you have any questions, please do not hesitate to contact me. Sincerely, Ang~ enclosures Andrew W. Barbin Atty. I.D. #43571 Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 YVONNE M. MANN, Plaintiff Ye PFIZER, INC. and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA), Defendants Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-467 Civil Term PROOF OF SERVICE I, Andrew W. Barbin, Esquire, have served a true and correct copy of the Complaint by Certified Mail, Remm Receipt, No. 7000 1670 0000 0390 5240, on March 18, 2003, upon Defendant, Pfizer, Inc., in the above referenced matter. A copy of the original green card is att achedheretoasevidenceofsaidservice.Respectful~~d,~ / ' Rtty?I.D. #43571 ANDREW '~V. BARB1N, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-.4670 Counsel for Plaintiff Yvonne M. Mann DATED: April 1, 2003 Andrew W. Barbin Atty. I.D. f43571 Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 Ve PFIZER, INC. and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA), Defendants Plaintiff Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-467 Civil Term SENDER: · Complete items 1 and/or 2 for additional services. · Complete items 3, 4a, and 4b. · Print your name and address on the reverse of this form so Card to you. that we can return this · Attach this form to the front of the mailpiece, or on the back if space does not permit. · Write "Return Receipt Requested" on the mailpiece below the article number · The Return Receipt will show to whoa the article was delivered and the date' delivered. 3./~rti~e Addressed to' t 0 ~ 5. Rece (Pr~ -- PS Form 381~,~~ I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster' for fee. ~umber 4b. Se~ice Type ~ Registered ~ Cea f ed ~ Express Mail ~ Insured ~ R~tu[n~eiptforMerchandise ~ COD · D~v ee's Address (Only if requested ~d~e~Spaid) 10259S~98-B-0229 Domestic Return Receipt _o ? Andrew W. Barbin Atty. I.D. g43571 Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 YVONNE M. MANN, Plaintiff Ve PFIZER, INC. and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA), Defendants Counsel for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-467 Civil Term CERTIFICATE OF SERVICE I, ANDREW W. BARBIN, do hereby certify that on the date indicated below, served a tree and correct copy of the foregoing PROOF OF SERVICE served by United States first-class mail, postage prepaid addressed to the following: Pfizer, Inc. 235 East 42nd Street New York, NY 10017-5755 Connecticut General Life Insurance Company Route P250 P. O. Box 22325 Pittsburgh, PA 15222-0325 A~dre~v V~/. Barbin DATED: April 1, 2003 ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YVONNE M. MANN, Plaintiff, VS. PFIZER, INC., and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA), Defendants. No. 03-467 Civil Term ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TYPE OF PLEADING: NOTICE OF FILING REMOVAL FILED ON BEHALF OF: Defendant Pfizer, Inc. COUNSEL OF RECORD FOR THIS PARTY: Amy E. Dias, Esquire Pennsylvania I.D. #52935 Theresia M. Moser Georgia Bar #526514 JONES DAY Firm I.I). #865 One Mellon Center 500 Grant Street, Suite 3100 Pittsburgh, Pennsylvania 15219 (412) 391-3939 (telephone) (412) 394-7959 (fax) ATI-2051718vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YVONNE M. MANN Plaintiff, VS. PFIZER, INC., and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA), Defendants. No. 03-467 Civil Term NOTICE OF FILING REMOVAL TO THE PROTHONOTARY: Notice is hereby given that on April 3, 2003, pursuant to the provisions of 28 U.S.C. § § 1441 and 1446, Defendant Pfizer Inc. filed in the United States District Court for the Middle District of Pennsylvania a Notice of Removal to remove Civil Action No. 03-467 from the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District of Pennsylvania, Harrisburg Division. A copy of the Notice of Removal, excluding the exhibits thereto, is attached. Dated: April 3, 2003 Respectfully submitted, Am~TE. Dias Pennsylvania I.D. #52935 Theresia M. Moser Georgia Bar #526514 JONES DAY One Mellon Center ATI-2051718vl 500 Grant Street, Suite 3100 Pittsburgh, Pennsylvania 15219 (412) 391-3939 (telephone) (412) 394-7959 (fax) Counsel for Defendant Pfizer, Inc. ATI-2051718vl CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing NOTICE OF FILING REMOVAL was served this day via first class U.S. Mail, postage prepaid, upon the following: Andrew W. Barbin, Esquire Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Attorney for Plaintiff Janetta Marbrey, Esquire CIGNA Corporation Legal Department #TL48K 1601 Chesmut Street Two Liberty Plaza Philadelphia, PA 19192 Attorney for CIGNA Corporation for Pfizer, 1{-2. Date: April 3, 2003 ATI-2051718vl IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HARRISBURG DIVISION YVONNE M. MANN, Plaintiff, VS. PFIZER, INC., and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGNA), Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. JUDGE NOTICE OF REMOVAL Defendant Pfizer, Inc. ("Pfizer")~ hereby files this Notice of Removal, pursuant to 28 U.S.C. §§ 1441 and 1446, and states as follows in support thereof: 1. Defendant is a named defendant in a civil action, Yvonne M. Mann v. Pfizer Inc., and Connecticut General Life Insurance Company (CIGNA), pending in the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 03-467. The named plaintiff is Yvonne M. Mann ("Plaintiff"). A copy of the Complaint is attached hereto as Exhibit A. 1 Pfizer maintains that it is not a proper party to this action, but rather the Pfizer Long-Term Disability Plan. See Guiles v. Metropolitan Life Ins. Co., 2002 WL 229696 at *1 (E.D. Pa. Feb. 13, 2002) ("The language of ATI-2051718vl 2. Pfizer and CIGNA are the only defendants in the Court of Common Pleas Action. CIGNA consents to removal of this action to Federal Court. 3. The Complaint was served on Pfizer on March 14, 2003. 4. In her Complaint, Plaintiff has a sole count entitled "Count I Breach of Contract Violation of ERISA 29 U.S.C. § 1132(a) Against All Defendants." (Complaint at 7). Therefore, Plaintiff's only claim undisputedly arises under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA"). 5. This Court has original jurisdiction over this civil action pursuant to ERISA, 29 U.S.C. § 1132. 6. Removal of this action is proper pursuant to 28 U.S.C. § 1441, in that: (a) Plaintiff alleges that Defendants terminated her Long Term Disability benefits "in violation of ERISA § 502(a)." (Complaint at 7). (continued...) [ERISA] § § 1132(a)(1)(B) and 1132(d) read together, clearly and unambiguously provides that the plan is the only entity against whom claims for benefits under the plan may be brought"). ATI-2051718vl (b) This action is one over which the District Court has original jurisdiction because it is founded on a claim or right arising under the laws of the United States, specifically ERISA, 29 U.S.C. § 1132(a)(1)(B). 7. As required by 28 U.S.C. § 1446(d), Defendant Pfizer will promptly give written notice of the removal to Plaintiff through her attorney of record and to the Prothonotary for the Court of Common Pleas of Cumberland County, Pennsylvania. Dated: April 3, 2003 Respectfully submitted, Pennsylvania I.D. #52935 Theresia M. Moser Georgia Bar #526514 JONES DAY One Mellon Center 500 Grant Street, Suite 3100 Pittsburgh, PA 15219 (412) 391-3939 (telephone) (412) 394-7959 (fax) Counsel for Defendant Pfizer, Inc. ATI-2051718vl CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing NOTICE OF REMOVAL was served this day via first class U.S. Mail, postage prepaid, upon the following: Andrew W. Barbin, Esquire Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 And served via hand-delivery to: Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, Pennsylvania 17013 Attomd9t for Pfizer, Inc. Date: April 3, 2003 ATI-2051718vl SHERIFF'S RETURN CASE NO: 2003-00467 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANN YVONNE M VS PFIZER INC ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sh duly sworn according to law, says, that he made a dil and inquiry for the within named DEFENDANT , to CONNECTICUT GENERAL LIFE INSURANCE COMPANY (CIGi but was unable to locate Them in his bailiwick. deputized the sheriff of ALLEGHENY serve the within COMPLAINT & NOTICE On March attached return from ALLEGHENY eriff who being igent search and wit: ~A) therefore Sheriff,s Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary County, P~nnsylvania, to 24th , 2003 this office was in re, ~eipt of the 18.00 9.00 10.00 50.00 3.00 90.00 03/2~/2003 ANDREW W BARBIN Sworn and subscribed to before me this 9 ~ day of ~ A.D. Prothonot~r~ ' R. Thomas Kllne Sheriff of Cumberla County Yvonne M. Mann VS. Pfizer Inc. et al Connecticut General Life of Common Pleas of Cumberland County, Pennsylvania ~I,ns,,ranqe Ccn~oany (CIGNA)_~ No. 03-467 civil ~ [OW, February 28, 2003 , I, SHERIFF OF CUMBERL COUNTY, PA, do hereby deputize the Sheriff of Ali e§heny County to 'execute this Writ, this deputation being made at the request and risk of the Plaintiff. . Sheriff of Cumb Affidavit of Service' . ow, 03 20 0,3, , o'cloc] within upon CT ~.-0 ~.. d~O'~ at by handing to CT CORPO 1515 MARI~ SUITE 1211 PHILADEL] a and made known to copy of the original So answers, HIA, PA 19102 thereof. Sworn and subscribed before me this _ day COSTS SERVICE MILEAGE :' · I Notaflal $~!1 I J 3h~lla R O'Brt~n ~ ............ l My Com~sslon ~xpt~s June 19, ~ I rland County, PA .p_:_ M.. served the RATION !ET STREET the c[ntents