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HomeMy WebLinkAbout00-06315 . ., =,. . .. , PROSKAUER ROSE LLP Amanda D. Haverstick (Attorney J.D. No. 85069) One Newark Center - 18th Floor Newark, New Jersey 07102 973.274.3200 Attorneys for Defendant Metropolitan Life Insurance Company " UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MICHAEL J. KMAN, JR., oo-CV- (..315 Plaintiff, v. NOTICE OF REMOVAL METROPOLITAN LIFE INSURANCE COMPANY, Defendant. PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. ~~ 1441(a) and 1446, defendant Metropolitan Life Insurance Company ("MetLife") respectfully notices removal oJ-this action ',,- from the Court of Common Pleas for Cumbe~land County, Pennsylvania, to the United States District Court for the Middle District of Pennsylvania, by the filing of this Notice of Removal with the Clerk of the United States District Court for the Middle District of Pennsylvania. MetLife, by and through its undersigned attorneys, respectfully states the following as grounds for removal of this action: I. This action may be removed to this Court by MetLife pursuant to the provisions of 28 U.S.C. ~9 1441(a) and 1446. 4949/48476-109 NJLl81/53381 vl II - - c " -'. 'lii\;- PROSKAUER ROSE LLP Amanda D. Haverstick (Attorney I.D. No. 85069) One Newark Center - 181h Floor Newark, New Jersey 07102 973.274.3200 Attorneys for Defendant Metropolitan Life Insurance Company MICHAEL J. KMAN, JR., Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA v. METROPOLITAN LIFE INSURANCE COMPANY, CIVIL ACTION - LAW NO. 00-6315 Defendant. NOTICE OF FILING OF NOTICE OF REMOVAL PLEASE TAKE NOTICE that on this date, defendant Metropolitan Life Insurance Company ("MetLife"), by their attorneys PROSKAUER ROSE LLP, filed a Notice of Removal pursuant to 28 U.S.C. ~~ 1441(a) and 1446, with the Clerk ofthe United States DiStrict Court for the Middle District of Pennsylvania to effect removal of this action to that United States District Court. Accordingly, no further proceedings should be had in this matter in the Court of Common Pleas for Cumberland County, Pennsylvania. A copy of the removal is attached hereto as Exhibit I. 4949/48476-109 NJL1S1/53391 v1 I II . "" Dated: October .i!, 2000 4949/48476.109 NJLl81/53391 v1 II I I -'" i,liI,-"", Respectfully submitted, PROS KAUER ROSE LLP '. ~ <tL~ By AMANDA D. HAVERSTICK (Attorney !.D. No 85069) One Newark Center - 18th Floor Newark, New Jersey 07102 Attorneys for Defendant Metropolitan Life Insurance Company /.... -2- 6~ ~~ "~l.' CERTIFICATE OF SERVICE I, Maureen Babb, hereby certify that a true and correct copy of the foregoing Notice of Filing of a Notice of Removal was served this date upon the follo~ing persons by Federal Express Priority Overnight, addressed as follows: Law Offices of Michael J. Hanft Attorneys and Counsellors at Law Gregory H. Knight, Esq. 19 Brookwood Avenue - Suite 106 Carlisle, Pennsylvania 17013-9142 1t1~&#- Maureen Babb Dated: October 1-, 2000 4' " 4949/48476-109 NJLl81/53391 v1 -3- II . ~ I ~,~ :: MICHAEL J. KMAN, JR. Plaintiff " v. : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00- ,10 - (p 31.5 . METROPOLITAN LIFE INSURANCE COMPANY, Defendant tdJ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA YE ALA WYER 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 170I3 (717) 249-3 I 66 o c - -..::100 .vOJ ronl ~-::;) Zr- Ci)~" ~:: r.;::.C,' ~o :ii8 ~ o <::) U) r1 'V o .;~ v, ..~ :0,'. :.u . r- ~8 ':';C,l _}:J -'-, ... ~,., ~....:!n ("3m -=. ,- :iJ -< v ::,;; c- c;o 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 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 0 notificacion y por cualguier quej a 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEYE ESTA DEMANDAA UN ABOGADO IMMEDlATAMENTE. SI NO TIENE II - " "I "', MICHAEL J. KMAN, JR. '\ Plaintiff : IN THE COURT OF COMMON PLEAS FOR ; CUMBERLAND COUNTY, PENNSYLVANIA . v. : CIVIL ACTION - LAW :NO.OO- METROPOLITAN LIFE INSURANCE COMPANY, Defendant COMPLAINT AND NOW comes the Plaintiff, Michael J. Kman, Jr., by and through his Counsel, Gregory H. Knight, Esquire, to file a Complaint against the Defendant in support of which the following statements are made; 1. The Plaintiff, Michael J. Kman, Jr. (Kman or Plaintift) is an adult citizen, residing at 1018 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff, owner of a multi-line brokerage, maintains an office at his residence in Cumberland County. 3. Defendant, Metropolitan Life Insurance Company (Met Life or Defendant), is a corporation that is authorized to do and that regularly conducts business throughout the Commonwealth of Pennsylvania with its principal office at One Madison Avenue, New York, New York, 10010, and with a local office at 6360 Flank Drive, Harrisburg, Pennsylvania. 4. At all times material to the Plaintiffs claims and causes of action in this litigation, the Plaintiff maintained an office in Cumberland County and the Defendant regularly conducted business in Cumberland County. 5. On December 17, 1997, Plaintiff received a letter (Exhibit A) from Vector One, a reporting service to whom insurance companies file notices against agents for alleged commission II - '~ I', '-< ~ '" debit balances. 6. Neither Vector One nor Defendant had ever contacted Plaintiff about any alleged debit baliince before December 17, 1997. " 7. Pursuant to its contract with subscribing companies, Vector One reports to its subscribing companies only the fact that another subscribing company has reported an alleged debit balance. Vector One does not set policy for its subscribing companies; it does not make decisions on its subscriber companies' agent contracting practices; it does not render legaljudgment on alleged debit balances; nor does it report amounts allegedly owed. 8. After receipt of the December 17, 1997 Notice, Plaintiff called Vector One and was told that ifhe wished to dispute the Defendant's report he must contact David Griffiths at Met Life. Mr. Griffiths told the Plaintiff that the debit balance was for a portion of the salary Plaintiff was paid when he was employed by the Defendant in 1992. 9. Plaintiffs resignation from the Defendant was written on December 23, 1992, with an effective date ofJanuary 22, 1993. 10. When Plaintiff first contacted Mr. Griffiths in December 1997, he wafillso a Plaintiff in a lawsuit he had filed in 1994 against Met Lite and others and docketed at Michael J. Kman. Jr.. v. Metrooolitan Life Insurance Comoanvand Daniel J. Strinkoski. No. 94-2877, Cumberland County Court of Common Pleas. When Plaintiff told Mr. Griffiths about that lawsuit, Mr. Griffiths refused to answer any other questions and directed all future inquiries as to the Vector One report to the attorney representing Met Life in the 1994 lawsuit. II. After his discussion with Mr. Griffiths, the Plaintiff called John Purcell, Jr., his Counsel in the 1994 lawsuit, who then contacted Veronica Saltz, Esquire, the attorney representing Met Life in that litigation, to request her assistance in answering questions about the Vector One debit balance II I.:... 'iL report. 12. Ms. Saltz told Mr. Purcell that she would contact her client to investigate the validity of its \( ector One report which Mr. Purcell told her was improper unde~ Vector One reporting rules for two reasons: first the balance was a salary dispute and second the Plaintiff and Defendant were in litigation, specifically the 1994 Complaint docketed at 94-2877, Cumberland County Court of Common Pleas. 13. Mr. Purcell made additional verbal requests in 1998 to Ms. Saltz asking that the Defendant respond to the Plaintiffs questions about the Vector One report as it is required to do (See Exhibit A) or that it delete the debit balance report from the Vector One reporting system. 14. In early November 1999, Plaintiff applied to National Western Life (NWL) to be appointed to market NWL Products for several of his clients. 15. Upon receipt of Plaintiffs application for appointment, NWL, a subscribing company with Vector One, contacted Vector One and solicited a report on Mr. Kman. After receipt of said report NWL learned that Met Life had filed a report for a debit balance. Subsequently on or about November 16, 1999, NWL rejected Plaintiffs application for appointment. ? 16. As he had done in 1997, Plaintiff contacted the subscribing company, here NWL, to refute the debit balance. However, unlike 1997 when the subscribing company accepted his explanation and approved his application, NWL did not accept the Plaintiffs explanation but required that the Vector One report filed by the Defendant be cleared before it would process his application to be appointed. 17. Plaintiff immediately contacted Mr. Purcell and then filed a written notice on November. 19,1999 (Exhibit B) to dispute the Defendant's report. 18. Upon receipt of the Plaintiffs written dispute, Vector One notified the Defendant II '" - , ":,j (Exhibit C) on November 23, 1999. 19. On or about December 30, 1999, when the Defendant did not respond within thirty (30) days'to Plaintiffs written dispute as it had been directed to do by Vector One (Exhibit C), Vector " One deleted the Met Life debit balance report (Exhibit D). 20. Following deletion of the Defendant's debit balance, NWL approved the Plaintiffs application within a week, thereby allowing him to write NWL business for some of his clients. 21. Because the financial situation for several of Plaintiffs clients required that the NWL products be written and processed before December 31, 1999 which was before the Plaintiff was actually appointed by National Western Life, Plaintiff referred those clients, all of whom in fact purchased the National Western Life product recommended by the Plaintiff, to the NWL home office. 22. Had the Defendant deleted its debit balance report when it was contacted by NWL on or about November 23, 1999, Plaintiffwould have been appointed by NWL in early December 1999 and would not have been required to refer any of his clients to the NWL home office. COUNT I - DEFAMATION ,,:;.... 23. Paragraphs 1 through 22 above are repeated herein as if fully restated. 24. The filing by Defendant ofan improper claim with Vector One resulted in the publication by Defendant to third parties, including NWL, of a false and defamating statement attributed to the Plaintiff without a privilege in the Defendant to make such a statement. The third parties, including NWL, understood the statement to be defamatory and applicable to the Plaintiff. 25. The Defendant did not delete the Vector One claim in 1997 after it was contacted by the Plaintiff and then by John Purcell, Esquire (See paragraphs 12 through 14 above) but the Plaintiff suffered no special harm until December 1999 when Plaintiff could not be appointed by National II - - - ,,; Western Life and therefore was not able to write business for certain clients. 26. The NWL products for which Plaintiffcould not write business resulted in the actual loss to tiJe Plaintiff of first year commissions and also trail and bonus commissions totaling . \ approximately $28,000.00, as computed in accordance with NWL's commission schedule. 27. Defendant's conduct was outrageous and done intentionally to harm Plaintiffs reputation. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. COUNT IT - COMMERCIAL DISPARAGEMENT 28. Paragraphs I through 27 above are repeated herein as if fully restated. 29. Defendant's report of a debit balance was incorrect, done without a privilege to do so, and resulted in direct peuniary loss to the Plaintiff. ~ 30. Defendant's conduct was outrageous and willful. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. COUNT ill. INTERFERENCE WITH CONTRACTUAL RELATIONS 31. Paragraphs I through 30 above are repeated herein as if fully restated. 32. Defendant's report of an improper and false debit balance was done as a reponse to the II - ~~ ~ ., '~''''." Plaintiffs 1994 lawsuit and was done to interfere with the Plaintiffs contractual relations withnis clients, " 33. By filing an inappropriate report with Vector One, one of the principal reporting " companies in the insurance business, the Defendant intended and expected that other subscriber companies would contact Vector One and that eventually the Plaintiffwould not be appointed by one or more of those subscribing companies, thereby interfering with Plaintiffs ability to earn commissions. 34. The harm intended by the Defendant did not occur until December 1999 when Plaintiff first suffered actual losses in the form of lost commissions. WHEREFORE, Plaintiff requests juqgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. ( G'~Vf f,{. \C~~ Gregory H. Knight, Esquire Attorney I.D. No, 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 I I .- ~ ~ '~, '\ " VERlFICA nON I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. --;... II -...-- I P.O. Box 12368 · 5<ottsdale, Arizono 85267.2368 · 1.800.860.6546 . Fax (602) 922.n2 MiehaelKOIan, Jr. do 1<01.0 &. I<maa Fln.nci~1 Group PO Box 1003 Carlislc,PA 17J0J..6003 DC<<ll!ber 17, 1m " SSNIFIDN: 170~l)..9278 Dear Mr. I<man: Vedar Oae doel not set policy or make deeillons u to Its subsc:riber'. agezllt contracting practic:a. Vector One makes no \'111110 Judgemeub, nor does It report lIJUoaab aUegedly owed. Vector Olle only repol1a, to S1lbscribiDg eompanJes, that another subscribing compaD)' b8.f reported llD aDeged debit balance. This CAD only be obtained from the Vector One database all a result ora specific Inquiry using YOUI' name or SSN/FIDN. THE ONLY INFORMATION ON FILE WITH VEcrOR ONE, AT THIS TIME, IS THE FOLLOWING: Yoar aame was submitted to Vector Oae as haviag a debit balalu:e by Metropolitan LICe. To obbiD the speeirle r~cts reganling tbe atleged debit balance you shollld contact: (!Yl3) 254-3131 David Griffiths MetropoU~ Life 334 Madison Avenue Coavent Sbl!on, NJ 07961 .' Metropolitan Lite IUlUt supply you with written documeutatioa u to the a~Dt or aDd the eirc1llDSunces surroundiag Its claim or a debit balanee. If you wJsb to dbpute MetLife's c:1aim DC a debit balance, please do so ID writing to Vector 0IIe. The statement of your position should address specific rads that det1llland e:rpWa your dispute. .. IC you wrile Vector Oue dlsputilllg MelLiC,'. claim oca debit 1JaJasu:e, yollr statemelltwill be DUlcie a part oryollr file and your .talns In dae VEcrOR ONE SYSTEM will be changed to "DUIT BALA."'lCE DISPUTED". UpoII reeeJptoryonr dispute, Vec:tor One wID sead a cop)' oryoar dispute inCormation !o Metropolltlla LU'e. Metropolitan Ufe wiD laaye thirty daya to respoad to your dispute and verify your tl:ebit ba1llDc:e statal to Vector One. A copy of the respoose h7 Metropolitan Ute to )'Ollf dispute will be sent to YOII by Vedor ODe and wiU beeolM, aJonc with your dispute, a pnt ofyollr meat Veclor One. Companies Inqlllrllllln the ftItare "mbe adriIed or your disputed stata, and leal a copy of your dilpllte and the response from Mefropollba LU'.. Should Metropolitan Life direct Vector One to delete you frolll the Vec:<<or One System, 70D wUl be Dotieted IIceonlillgly. Sincerely, .,. ~t:6/&4#(j RIeJlil~ DUgger .v-:. Pre3ldent Copy to: David GriffitJu --..---.-. "~--" Metropolitan Life ~ ," ~ ' "... "... Exhibit B ,. "', - L.",.L '''''. ~~~- t/v.C.......""""UO, Kman'(QKman FINANCIAL GROUP P.O. .... lOOJ Clltll<l<. Pt 17C13-<<lQJ (TIT) :U~llfl To:J,.L7J7}2-lJ~ VIA ,....!fttI~ 19 483-922-7710 Hard (Aln"lo 'oIlo!I' tit cnTJllltD MAJL , " "'r.e"tIxr 19, 19<)01 VO(I()(~ PO 00.< 12368 'Y-ntr"""'~. Atizo<I:I K5267-2JGS In R.., n;~ulc ofl/.ep<K'Wd {I.Nt &hvr(~ b.v .\Ietrop<>lilalll.Jfit 011 Mlchad J. Kmutt. J,. (170-6(J. 'n7Rj. ~ <I' Dc:lt \'~'\:lor o..c- 1ll:1'ebtcO<llC",,~IbalM't>.opoIUaaLf(e hauepOflo:da dc:bitblbnc:e. Pleuc~ 1his~as 111)' "'l'1llelldispUIC QrWd;laiIIl b)' t..1<1rop.>lltm Ufe. J "lilt cmpkl)cd b)' Mellie.'fixlm ~ 1991 ~ IlllUll)' 1993. At; MctLitc - ~ _far empIoymem Ih:J llffi;rN oodagrwt m Jl'O'ido: me Mlb a ~ sallIty ~ my fiJSt 13 wccls Qte~"""", 'lbc3lROllDt of1hill1lUlU11DlCCd sal3ry:.,as c:qa:sl1O n~ eanlinSSlIt nry for:mcf~: 1lqiwWIgdu: 14" """"orem~ my ~1I"3& lObe ID ""'Cr.IIl"ofol} .liN IJ ,."dL., sales prodIicIioa. M.'fLifc cIclivCOOlltllheir prouli5C ll:ir ~lioo and I bad.. ",~1.~. '1i1fa 1bcit company. . AJ.. tlI.: cad af L9'1"2 I p""idcd lklLile v.;lha lollc:tofm'f.~~clrcdi\'l:lanua%y 12. 1993. ThCJI:sipdi\lll"'alamicabkas 1_accq>Unga po$Itioft ow llr.mch M'JDallel' for Jolm Hmcoc:Jc, f'iPon:iiI ScMccI, AI. tbc.lhllc of Bl,Y ~~ion MclLifl: tIIade BO rd'=l=, COIIUlICnl lit 30)" utller r~ n<dcm.'\lId!bal1 hodllllY lla!.~dIIe~. TIt'll}~ IalerI fikda Ill-n \'li MdLifc lIll!Ione of Ihcir _gees (Mr. Dan SlriDk~), The I.U'llIUt ~ d,,,,1agc< for Dclamalian fIJId TortllOU9 ~_ of a Bir<siacA RelatiosIsbip. It _'llllllii.nct I ~d SJid .bwsuillhal MctLitl: c~ I o..'td a ~nt ofa pOJtioo Qt III)' 1DlIl2I1\WIftl~ aaJouy. 1D f~ lIIJljJ \Ilil; ~ MaUte lias nOt ever e<tca QOOl r~ said r<p;I}=1 from me cliJtl:tI1. 11ll:.t f!;lve not SCllt me my QQtI~ ,L ..~"tI, Of' odIllUI:'lt~ IistiPg Ibis debt. The mtIy War I ~awareoflheirclalJP iUllIOup Vecllll'o..:rqllJI1fII,8ul ~'ll!ls<:ul1lllc.oMlolC:k:41l'itlraa~ in 199'1. Whea I cbtlincda .:op,v ot'that report r cv.tb.aed tbo l;t)ntlCl p:noIl ~Metl.ifc: 8IId _ iJIl'onncd \bat the aIlegcld ddli( baIauce ",as a request Cor rcpIl)'l1I<lIl or lilY salary CIOl\1 0cccIIIbct lWl!hrodgb Mitn:h 1m AI that time lJd'ctrcd the VCI."tOf Onc~ III my 3UOt1>...., "ho ..;1. haDclIing Ibclawsuit. Thi:llkua\i(llt Ms.I1OIC!l'lllC1lJl again wit>ljusll\OW ~ 16, 1m) as 1 \IIil$UUbe ~ pu:ao, ...ilh allOl/u:r iasurant:e lXImpany. I \l':lI1IIOillCU lIf:3lIl.1b:tl ~ ~ dc:\J1t baIssloe Is DOt a ~ ~ It iI It claim by MetUk lbat IWlo I'C{Q} "')' ~~1::IIary from tbe rJnt~or 1m. MclLiIl: hasDOlIllllda lII1Y n:qv.cuflwdlinll~ c\dJ(. M, 0DIy kno,,~camt: (rOll) 3 Veclor One n:potI. MclLife did JIQt IIlab Ibis dIIm UIIlIl 31o S ycaq a!\er IllY Rtl&A8lioIt and OlIIyafler I filc:d a \;rn'sui! ~lUl tllcm $aldDg damagCllIn . c:omplCld,)i ItpIllall: IIDd Illin l~. l~ 1I\lIQCr. Th: ablNe JlIcI.s ~il\S cmIlf MctUfe 1wI RqUeSled saI4 ~ or IIII:uy in a tllneV _ it wO\l1d aMolutcl)' bOI be j1I51.ifJC4. MelUfe recruited DIe fronJ a pn.'\O'IoIIs ClIlp1otc.r 8lld ~ lbis~.~: Ill! an incaItivo Cor me 10 5"ilch It was ""..oer dj...'IlSSed d\lIlllJlllll!aty tmJO( be rq>ald.aft<< I ralPJCd. M_cr, 1- "" AssISI:ilIl Br.mc:h Manger \\ttII trfeIl.jJj: a!ld ac:cqniog 1MI pB!llion ....;111 aIs.., based on lbe ~~. )(Ibr! AlaI)' not" Rll:lIY mim: 1tI keep tIlaJ cIl'c.:tM-~ I would ~c prdonn.'OCl all dUIic& .. all ~~5l:IllI ~ Ibr ao ............,-i0ll. Had ).fell.ire IIOt ar(crtd a SllIItini:!CIhro llOOSt surd)" "QUId notll,,...c ,""pced iheiJ offer tot caiplo)1neat and 5"'itl;bcdCl\lplo),,~. . II " , ~ - ,'i If -<" -<" Exhibit D ---- f- '" VffiOP .. , ONE Dc\:ember 30,1999 P.O. 80x \2368 . Scan, dole. Ari~ono 85267.2368 . \.80Q.860-6546 . Fox (602) 922.7720 - .. Gleon Steinhilber Metropolitan Life 334 Madison Avenue Convent Station, NJ 07961 , . ~, :"'Re: 'Mlchiet'lJi'Knfih';"Jr. -.,,'''' - ~ , S.S. NnmbertIax I.D. Number: 170-60-9278 '_'.'",,~.. '"="t'~:,. ........~_.. Dear Glenn: Att.'\ched is a copy of the dispute package sent to you on November 22, 1999. Since there was no response by , Michael J. KOlan, Jr. has been removed from the Vedor One System. Sbould Metropolitan Life eled to resubmit Michael J. Kmau, Jr. to Vector One, it may do so. However, prior to reporting Micllael J. Kman, Jr., must provide both Michael J. Kman, Jr. nnd Vector One witb documentation of the debit balance. Vector One does !lot treat a "reinsertion" lig~~!y. .I?ocQ!I1en!~tio~ JDtlst be included along with tbe request to rcinsel1 Michael J. ](man, J):.. . yector'On'e will notify Michael J. Kmnn. Jr., in writing, of tIle reinsertion once it bas received and reviewed tbe documentation. If you bllve any questions, please contact me. // COllY to: Michael J. Kman, Jr. POBox10P3 Carlisle. PA"1';013~6003" . .. .. '.. ." '.. :: .,.. :...: ".' '. .. ,c.:' .. ~. '. ~'. ; '.. .: . ;." '. . .. '. ..} ~~. . I . ,. ~ ',::. ~ I:'"~ : . ., _.. : "'0 . ....; '':'.. .' ,., .... -;. .'.: :... ..: . "...'....'.,. ~ ; .'. ~ ..: . .,:. ~..: .: '.: . . . 1 ..' 'i'.. ~ , '..' . .... ". ...... ; . .... =1': . .....':.....: 10..: ;;.. ". :'. :.;. ., .. " . " .. ..' .. - -" ~ ~ .", , ~"', ..- / Exhibit C "'~~ - -," ~= .. , . ~, l MICHAEL 1. KMAN, JR. Plaintiff : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACnON - LAW : NO 00- tv (,,3/.5 /4J METROPOLITAN LIFE INSURANCE COMPANY, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Lawyer Referral Service 2 Liberty A venue Carlisle, P A 17013 (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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 SllS objeciones. alas demandas en contra de su persona. Sea avisado que si listed no se defiende, la corte tomara medidas y puede entrar una orden contra listed sin previo aviso 0 notificacion y por cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DRMANDAA UN ABOGADO IMMEDlATAMENTE. SI NO TIENE . -~ ... .J -...J",!!;: MICHAEL 1. KMAN, JR. Plaintiff : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA '. v. : CIVIL ACTION - LAW : NO. 00- G.J S c.~ ~~w METROPOLITAN LIFE INSURANCE COMPANY, Defendant COMPLAINT AND NOW comes the Plaintiff, Michael 1. Kman, Jr., by and through his Counsel, Gregory H. Knight, Esquire, to file a Complaint against the Defendant in support of which the following statements are made: I. The Plaintiff, Michael 1. Kman, Jr. (Kman or Plaintiff) is an adult citizen, residing at 1018 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff, owner of a multi-line brokerage, maintains an office at his residence in Cumberland County. 3. Defendant, Metropolitan Life Insurance Company (Met Life or n~ndant), is a corporation that is authorized to do and that regularly conducts business throughout the Commonwealth of Pennsylvania with its principal office at One Madison Avenue, New York, New York, 10010, and with a local office at 6360 Flank Drive, Harrisburg, Pennsylvania. 4. At aU times material to the Plaintiffs claims and causes of action in this litigation, the Plaintiff maintained an office in Cumberland County and the Defendant regularly conducted business in Cumberland County. 5. On December 17, 1997, Plaintiff received a letter (Exhibit A) from Vector One, a reporting service to whom insurance companies file notices against agents for alleged commission : I , M ~_.~ ., - , ,- debit balances. 6. Neither Vector One nor Defendant had ever contacted Plaintiff about any alleged debit balance before December 17, 1997. , 7. Pursuant to its contract with subscribing companies, Vector One reports to its subscribing companies only the fact that another subscribing company has reported an alleged debit balance. Vector One does not set policy for its subscribing companies; it does not make decisions on its subscriber companies' agent contracting practices; it does not render legal judgment on alleged debit balances; nor does it report amounts allegedly owed. 8. After receipt of the December 17, 1997 Notice, Plaintiff called Vector One and was told that ifhe wished to dispute the Defendant's report he must contact David Griffiths at Met Life. Mr. Griffiths told the Plaintiff that the debit balance was for a portion of the salary Plaintiff was paid when he was employed by the Defendant in 1992. 9. Plaintiffs resignation from the Defendant was written on December 23, 1992, with an effective date of January 22,1993. 10. When Plaintiff first contacted Mr. Griffiths in December 1997, he w~lso a Plaintiff in a lawsuit he had filed in 1994 against Met Life and others and docketed at Michael J. Kman, Jr., v. Metropolitan Life Insurance Company and DanielJ. Strinkoski. No. 94-2877, Cumberland County Court of Common Pleas. When Plaintifftold Mr. Griffiths about that lawsuit, Mr. Griffiths refused to answer any other questions and directed all future inquiries as to the Vector One report to the attorney representing Met Life in the 1994 lawsuit. 11. After his discussion with Mr. Griffiths, the Plaintiff called John Purcell, Jr., his Counsel in the 1994 lawsuit, who then contacted Veronica Saltz, Esquire, the attomey representing Met Life in that litigation, to request her assistance in answering questions about the Vector One debit balance ~ " ~". - report. 12. Ms. Saltz told Mr. Purcell that she would contact her client to investigate the validity of its Vector One report which Mr. Purcell told her was improper under Vector One reporting rules for .. two reasons: first the balance was a salary dispute and second the Plaintiff and Defendant were in litigation, specifically the 1994 Complaint docketed at 94-2877, Cumberland County Court of Common Pleas. 13. Mr. Purcell made additional verbal requests in 1998 to Ms. Saltz asking that the Defendant respond to the Plaintiffs questions about the Vector One report as it is required to do (See Exhibit A) or that it delete the debit balance report from the Vector One reporting system. 14. In early November 1999, Plaintiff applied to National Western Life (NWL) to be appointed to market NWL Products for several of his clients. 15. Upon receipt of Plaintiffs application for appointment, NWL, a subscribing company with Vector One, contacted Vector One and solicited a report on Mr. Kman. After receipt of said report NWL learned that Met Life had filed a report for a debit balance. Subsequently on or about November 16, 1999, NWL rejected Plaintiffs application for appointment. ...::-- 16. As he had done in 1997, Plaintiff contacted the subscribing company, here NWL, to refute the debit balance. However, unlike 1997 when the subscribing company accepted his explanation and approved his application, NWL did not accept the Plaintiffs explanation but required that the Vector One report filed by the Defendant be cleared before it would process his application to be appointed. 17. Plaintiff immediately contacted Mr. Purcell and then filed a written notice on November 19, 1999 (Exhibit B) to dispute the Defendant's report. 18. Upon receipt of the Plaintiffs written dispute, Vector One notified the Defendant .. - (Exhibit C) on November 23, 1999. 19. On or about December 30, 1999, when the Defendant did not respond within thirty (30) days to Plaintiffs written dispute as it had been directed to do by Vector One (Exhibit C), Vector " One deleted the Met Life debit balance report (Exhibit D). 20. Following deletion of the Defendant's debit balance, NWL approved the Plaintiffs application within a week, thereby allowing him to write NWL business for some of his clients. 21. Because the financial situation for several of Plaintiffs clients required that the NWL products be written and processed before December 31,1999 which was before the Plaintiff was actually appointed by National Western Life, Plaintiff referred those clients, all of whom in fact purchased the National Western Life product recommended by the Plaintiff, to the NWL home office. 22. Had the Defendant deleted its debit balance report when it was contacted by NWL on or about November 23, 1999, Plaintiff would have been appointed by NWL in early December 1999 and would not have been required to refer any of his clients to the NWL home office. COUNT I - DEFAMATION ,// 23. Paragraphs I through 22 above are repeated herein as if fully restated. 24. The filing by Defendant of an improper claim with Vector One resulted in the publication by Defendant to third parties, including NWL, of a false and defamating statement attributed to the Plaintiff without a privilege in the Defendant to make such a statement. The third parties, including NWL, understood the statement to be defamatory and applicable to the Plaintiff. 25. The Defendant did not delete the Vector One claim in 1997 after it was contacted by the Plaintiff and then by John Purcell, Esquire (See paragraphs 12 through 14 above) but the Plaintiff suffered no special harm until December 1999 when Plaintiff could not be appointed by National . - Western Life and therefore was not able to write business for certain clients. 26. The NWL products for which Plaintiffcould not write business resulted in the actual loss to the Plaintiff of first year commissions and also trail and bonus commissions totaling '. approximately $28,000.00, as computed in accordance with NWL's commission schedule. 27. Defendant's conduct was outrageous and done intentionally to harm Plaintiffs reputation. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. COUNT II - COMMERCIAL DISPARAGEMENT 28. Paragraphs 1 through 27 above are repeated herein as if fully restated. 29. Defendant's report of a debit balance was incorrect, done without a privilege to do so, and reslllted in direct peuniary loss to the Plaintiff. ~ 30. Defendant's conduct was outrageous and willful. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. COUNT lll- INTERFERENCE WITH CONTRACTUAL RELATIONS 31. Paragraphs 1 through 30 above are repeated herein as if fully restated. 32. Defendant's report of an improper and false debit balance was done as a reponse to the , , J ' l' 'jj~" ,..~- , Plaintiffs 1994 lawsuit and was done to interfere with the Plaintiffs contractual relations with his clients. 33. By filing an inappropriate report with Vector One, ?ne of the principal reporting < companies in the insurance business, the Defendant intended and expected that other subscriber companies would contact Vector One and that eventually the Plaintiff would not be appointed by one or more of those subscribing companies, thereby interfering with Plaintiffs ability to earn commissions. 34. The harm intended by the Defendant did not occur until December 1999 when Plaintiff first suffered actual losses in the form oflost commissions. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. ( G'~tIf N. {C~~ Gregory H. Knight, Esquire Attorney LD. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 I I - _, .. v'~""""'.. , . VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. " -</ , . .<" / EXHIBIT A ,~.,."-,, ~:A '" VflfOR ONE ~"- - - " . , P.O. 80x 12368 · Sco"sdole, Arizona 85267-2368 · 1-800-860-6546 . fox (602) 922.772 Michael KOIan, Jr. c/o Kmao It. Kman Finaacial Croup PO Box 1003 Carlisle, PA 17B0J..6003 December 17, 1m '. SSNfFIDN: 170-60-9278 Dear Mr. Kman: Vedor Olle doet Illot Jet policy onnake decillions u to its subseriber'a ageat contracting praetic:a. Vector One makes aD value judgemeJIls, nor dOCl/t ",port 1UllI0auf:l allegedly owed. Vector Oele only reports, to subscribiDg companIes, that another subscribing company bas reported aD aDeged debit balance. This can oaly lie obtained from the Vedor One database as a rault of a apecifie inquiry asiag your name or SSN/FIDN. THE ONLY INFORMATION ON FILE WITH VECTOR ONE, AT THIS TIME, IS THE FOLWWING: Your 8ame 'WlI1 submitted to Vector One as having a debit balaace by Metropolitan Life.. To obcaia the specific fal:fs regarding the alleged debit balance you shollld contal:t: David Griffitllas (973) 154-3131 Metropolitan Life 334 Madison Aveaue Coavellt scallon, NJ 07961 Metropolitan LiCe mut supply you with written documentation lIS to the amount of aad the eiJ"C1llllltaal:es surrouncliag its elaim of a debit balance. If YOllwisb to dlspute1lo1etLife's dalm oC. debIt balance, please do so iD 1l'1'lting to Vector One. The statement of your position should address specific facts that detailaad explai~ your dispute. . If you wrile Vector ODe disputing MetLife's claim of. debit baJaac:e, your statemeatwW be made a part oC YOllr file and your sbtns la the VEcrOR ONE SYSTEM will be ellaaged to "DEBIT BALANCE DISPUTED". tJpoII reeelpt oryollr dispute, Vector One wID seud. copy of your d;.,pute information to MetropOlItan LIfe. Metropolitan Lire wiD have thirty day. to respond to your dispute and verify youII' d,eblt balance statu. to Vector One. A copy of the respoue by Metropolitan LiCe to your dispute wl!llIe sent to YOII by Vector One and will become, alone wUh your dispute, a part or your Ii1e at Vector Oal!. Companies IDqulrllllln the (utun win be adWIed ofyoar dilputed statu. and IeDt a copy of your displlte and tbe response from Mettopolitall Lifo. Should Mettopolitaa Life direct Vec:tor ODe to delete you from the Vector Oae Syst_, YOD will be notified accordiagly. SiDcen:Iy, . (;:f.t:6ld-l~{j Riclllfitl: DUgger V Pte3ident Copy to: David GrfffitbJJ ! Metropolitan Lire . ~. '-'" .. 1&O.i-". " (,. Itnml. IC. .;~....~ .....~UJCO<_ ...{:,.... ~.....r.........u<".. Kman'(QKman -PINAN-ew. GROUP- P.O. Box 100J Cllcllsk.l'a 1701J-<<lCl:l (1[7) 1.43--1141 Tn (7J 7) 243--6666 \1M Jlaalmlk 19 48Il.'U-17W Hard ~1I\"o PoIlmI >ill CIBTWtg) MJ\JL . , , Nt)'H~ItJtx:l 19, 1'P1'} V tclOr Oue PO I.I<>x 12.1,,8 s.x~"~"C.l\rTlOl13 KS267-2JGll j" R.. r~",.1E (JfReportlld [leM o.-q""C<I b.v Metr{Jpalitcm IJfit Oft Mlchm!/ J: Kmwt. Jr. (i 70-6lJ. 'l27Ai. '" fll Ow V\XIor(')ncc IltM OO:lIUW: a\\1lre1llal MclropoIUlllILIfc has ~a Ikbithalance Pklaseaccept thiKlelI.OfllS 'H)' ...111le1l dispulc ofoaid daim toy t.Il1rop.llU:III Life. J w~ .mpl"l'cd b)' MelliCofillm Decc:ulber 1991l111ooP Jalllllll)' 199.1. ~ MctLife \Vila Rlc:t\liliPg "'" for empIoymeul tbq' tlCfe.cd lIl1d agreed to pravido me wiIh a ~ saWJ for my fInt 13 """'*" of~. The 3I1lOllDt of lbitl (IUlII'8lI1Ced salary "'as cqwl to A'Y W1Iil18S111 Diy fomu:r ~.. ~ dce 14" """* orem~t my~" "'/l5lObe all "'-lit' <>I'll/} 11"" 1 J wc:clr.s sales productioa. M<lUfe dclivon:d 00 lboirplV1lli.5c tor ~ i&IId f bad a ..lCOOCItld .~. OIilh lbcir company. Alllle cod af L'J9'11 prm<ided Meltite \\;th a kItI<< of. 'Jlp1t\..nffcdn1:Jamm!y 12. 1993, Thfl.n:sipalion_ amicable lP I W8lIl\COCptinga po>ltioo .. a"",clc Mu>aget. for JoIw H:mc:odt. fliPIutc!tl SaW:el. AI thethlll! d. illY ~ Mc:cLifc IIIlIde 110 rcf=na:, COItlltlm or my oIher r"'lUl'"l or detn."\lld Ihllll had IIIlY ~due wIla\l;m.'Wf. ''''''1> y~ laI<< I 6Ied A I4W!l1il Y!l MdUfc lIll!llllle of lhcil- lIlllIllIgctS (Mr. .nm. Slrlukoliki), The la\\'llllit ~ da'""ll"S lOr ~ IIIlIJ TortllOUlllntcFftrel1\.'C of. Bj..i .., ReIalillSlSbip. It _', 1Illtil1llllr 1 fi/ed gid lllmu.itlllal.1I4ctUfo elaiBlc<ll ,,,.-..1 'l\!payllll:lII. af 11 (HlOti<m of lIlY iDlllaIl\WlJllIeed Iilllafy. 10 f~ VIltilIhil;.,. MdLlfc \las not ever ~Cll 000!l r~ sold repil}1IIelI1 rlommediJt(:lJy. They I!aw1IIlI.JlIlIlt_any-".;spolldclwc.. d.._"",.<<lIllio:r~ !istillg1Md!:bt Tht<>llly W'4, I ~ aware oflheirclallll is tIlrouaII V~O&erql/l1tlJlg as l_setliaI<Mllla..led widi81l agency in 199'1. Whea I ClbtllilIe.t a COJn' ot'llw report J C01Ibtded tb<>l;OIltac:I peI$Oll forMetLife lII\d _ iJIJhmled that tile ~ dubiI ~ was a rcq_ fur !qlII).....llI <>fill)' <aIaty &om Dccembef 19'J1 dlrollab MllrdlI992 AI tIoat1illle Imte>'fcd die Ve<:\OJ Orce fllll9tt llllli) aI\llfncy who ...as haocIIlnl!tIlOllaw1uit. l1lil< IIlwaIi\ld ha&1IIlI.c;aQIltl'ap lIfl'Unwililj\lsl_ ~ 16, 1(199) as 1 ....;i$.I1i..., COlIIraCIing pn=' 1tith altfJ4hef i.IlSurancc 00DlJl3fIY. 1 wlll1llo _ lIg3UI tIIltllhis ~ debit ~ is !lOt a <OllIIlii1Siea IIlVC1"Al. 11 is II elaI1n by MetLik !hat I am to tqla). Ill)' g1I;inu_ saIal)' from Ihe flfSlqualU:r of 1m. MeIUk 1m DDtllllldClany nqlUIBl ~r Ibis IllIe(eed dolbt. My ouly knoOlIctlge camo (COBI 3 vector 0I1e repoIl M.:t,~ did lIllttllllke Ih\lI c&.lm UlIIII 3 to S}'CllQ lI!\er lIlY rc:slgMlioR and ollly alIeJ I tiled a lawmil ~11Ilcm ;.:ddng <Ia1nagaIlflll amcplClldJi llI:pIIlalc lIIllIlWn r-la*, 1IUIItcr. Th.lllbove fuct. ~1\lI- ifMctU{e had n:queSIed said - of SIIIaIy ill a tlftlel)- _ it wOllld aIMoIutel)' IlQ( be j1lSIiJ1ed. MlliWfe Cl:CJ'Ui1cd ~ from a ~~llIlld Il$lld this ~ SlIIllq~ M an incentive for me to $\\;tcb. It was neve.. <list.......! Ihat l!ll'llllary .- be repald.aft<< I resigned. Moreover, J ",as .... ~ Omoeh Manger witb Metlifc ll!ld acceptiog 1M1 pooIlion was8lst>based "" tbe ~ l:!l'IlP"\IFaliO", Ifllle IlIlary l\'J6n', R81Iy mim: Iu keep tPac dkctiw./j I would lIa\-c pU:fonnl"i all dutie6. .. _ As5i5lllQ\ M\tItlger fu.. 110 ~ Had Me\LifuOl offered 3 .wtinll!lalGlly IlllOSt Sllre1l' w\lWd no! h.,W a<:QCplod \beiJ otter (J;J( employment and ...ilCbed <'IlIPIo),,", ~~ ~ ~ , - . I _, 1Ir' . .'- . :- V<<llIr 0$< Pu&e 1 No,'ellllm' \~. Jffl - . lbc kl\\>Ilill\lcntiooed abo\e i. llliIl:u:m-e ud jIlllllliDJ: in Ihe Court of C.omIlIODPl_ C~" Count)' PeM&ylvilllta. AtJoroe:. Jo"" W, Pt.rn:cll. It. EslJlUre. is my cOUJlScl io llii.Ill8lla'. Mr, Ptirl:eII ClUl JlIll'oide <:opter or all Md any docwnclllll """"'d \IOU or.lI'I cOAlpaJIY r<<l"e.t 11""" mll1i. ~r. . . 'IlW1l;. you fot your ltlllC3IIlI COOlIlderaulll1. llUlIJ be lUclled 1lI117.72lJ.tf711 01\-;" facsimile al1t7.n8.06~5. 7J- Genernl .-\1,...1 ,;; Jom. W. PlI1ceU, Esquire file -~ .~ . . ~ . ~- I I ..- ..- Exhibit C " , " -;' ~' - - -- - , . --. ~.. . . . VfCIOR ONE P.O Box 12368 . Sco"sdole, Aritono 85267.2368 . l.aOO-860-6546 . Fo~ (602) 922.7720 , . November 23, 1999 Glenn Steinhilber Metropolitan Life 334 Madison Avenue Convent Station, NJ 07961 Re: Michael J. Kman, Jr. . SSN: 170-60.9278 Dear Glelin: .<~._ H............v _:"'v'. ................... .'.'... Attached you wm Dud aleUer from Mr. Kmau disputing his debit balance. In his letter, Mr. Kman raises two points tllat, If valid, prednde bim from being reported to Vector One. :Eint. debit balances must be from charge backs of commissiom and commission-related advances. The debit balance cannot be for tbe recovery of a guaranteed salary, if that, in fact, ill the clIse. Second. It is Veclor One's longstanding policy 10 remove an agent when tbat agenf Jiles suit against tbe reporting compAny, pending the outcome of IjUgatlon. PlelUIe review theSe two issues and advise Vector Oue as to Metropolitan Life's position on tbem. Irelther one is accurate. then Mr. Kman must be deleted from the Veclor One System. In tbe meantime, Mr. Kman's slatusln the Vector One System bas been changed to "DEBIT BALANCE DISPUTED." MetLlfe /Dust respond within thirty (30) days. If MetLife has nol responded to Vector One by December 22, 1999, Mr. Kman will be deleted Crom the Vecto~ ~e System. -., R chard L. Dugger R.. L. Ddoer Enttrprl.tlo Jnf.db. Vector Oae Copy to: Michael J. Kman, Jr. PO Box 1003 CRI'JL,le, P A 17013-6003 ~ . . J - l'''-'J~, r " ".. ".. Exhibit 0 ;~., " , ' 1IIJIl..:.,,,, .,...... It: A . ,Ii 1-; fIl' l,.,r.. ONE P.o. 80x 12368 . Scon,dole, Arizona 85267,2368 . J -800-860.6.546 . Fox (602) 922.7720 -- December 30, 1999 " Glenn Steinhilber Metropolitan Life 334 Madison Avenue Convent Station. NJ 07961 'Re:Mtchilet'lltKldint:<Jr.' S.S. Nnmberfl'axI,D. Number: 170-60-9278 .,~,~, . Dear Gleun: Attached is a copy of the dispnte paekagesent to you on Novelnber 22. J999. Since there was no response by , Michael J. Kman, Jr. has been removed from the Vector One System. Sbould Metropolitan Life elect to resubmit Michael J. Klnan, Jr. to Vector One, It may do so. However, prior to reporting Michael J. Kman, Jr., must provide both Michael J. Kman, Jr. and Vector One with documentation of the debit balance. Vector One does Dot treat a "reinsertion" lightly. .Documentation mnst he included along with tbe request to I'einsel"t Michael J. KmiJ~,"JJ:.. .. Vector. One 'will notify Michael J. Kman, Jr., in wl'jtIDg, of the reinsertion ODce it has received aud reviewed tbe documentation. If you have any questions, please contact me. // Copy to: Michael J. Kman, Jr. PO Box iOo3 ... Carlisle, P A'17013~003 . . " .,. ... '.' ::.,.' :..... . . ,. i I I I t ',:<t.," .: . < ~ ; '" > ;;<. "'....~, ~.- "-~!; '\ -f'"'-'" , ~l MICHAEL J. KMAN, JR. Plaintiff : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW :NO.OO- to- ;"3/--5 ?tJ METROPOLITAN LIFE INSURANCE COMPANY, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without yon and ajudgment may be entered against yon by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 notificacion y por cualguier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDlATAMENTE. SI NO TIENE ~ I ~- -, ,1_ . -" -~ I . ~ MICHAEL J. KMAN, JR. Plaintiff : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA . v. : CNIL ACTION - LAW : NO. 00- r..i S ~ T-LM- METROPOLITAN LIFE INSURANCE COMPANY, Defendant COMPLAINT AND NOW comes the Plaintiff, Michael J. Kman, Jr., by and through his Counsel, Gregory H. Knight, Esquire, to file a Complaint against the Defendant in support of which the following statements are made: 1. The Plaintiff, Michael J. Kman, Jr. (Kman or Plaintiff) is an adult citizen, residing at 1018 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff, owner of a multi-line brokerage, maintains an office at his residence in Cumberland County. 3. Defendant, Metropolitan Life Insurance Company (Met Life or Defendant), is a corporation that is authorized to do and that regularly conducts business throughout the Commonwealth of Pennsylvania with its principal office at One Madison Avenue, New York, New York, 10010, and with a local office at 6360 Flank Drive, Harrisburg, Pennsylvania. 4. At all times material to the Plaintiffs claims and causes of action in this litigation, the Plaintiff maintained an office in Cumberland County and the Defendant regularly conducted business in Cumberland County. 5. On December 17, 1997, Plaintiff received a letter (Exhibit A) from Vector One, a reporting service to whom insurance companies file notices against agents for alleged commission I, < debit balances. 6. Neither Vector One nor Defendant had ever contacted Plaintiff about any alleged debit balance before December 17, 1997. 7. Pursuant to its contract with suhscrihing companies, Vector One reports to its subscribing companies only the fact that another subscribing company has reported an alleged debit balance. Vector One does not set policy for its subscribing companies; it does not make decisions on its subscriber companies' agent contracting practices; it does not render legal judgment on alleged debit balances; nor does it report amounts allegedly owed. 8. Afterreceipt of the December 17, 1997 Notice, Plaintiff called Vector One and was told that ifhe wished to dispute the Defendant's report he must contact David Griffiths at Met Life. Mr. Griffiths told the Plaintiff that the debit balance was for a portion of the salary Plaintiff was paid when he was employed by the Defendant in 1992. 9. Plaintiffs resignation from the Defendant was written on December 23, 1992, with an effective date 00 anuary 22, 1993. 10. When Plaintiff first contacted Mr. Griffiths in December 1997, he wawalso a Plaintiff in a lawsuit he had filed in 1994 against Met Life and others and docketed at Michael J. Kman, Jr., v. Metropolitan Life Insurance Company and DanielJ. Strinkoski, No. 94-2877, Cumberland County Court of Common Pleas. When Plaintifftold Mr. Griffiths about that lawsuit, Mr. Griffiths refused to answer any other questions and directed all future inquiries as to the Vector One report to the attorney representing Met Life in the 1994 lawsuit. 11. After his discussion with Mr. Griffiths, the Plaintiff called John Purcell, Jr., his Counsel in the 1994 lawsuit, who then contacted Veronica Saltz, Esquire, the attorney representing Met Life in that litigation, to request her assistance in answering questions about the Vector One debit balance . _L . jll . report. 12. Ms. Saltz told Mr. Purcell that she would contact her client to investigate the validity of its Vector One report which Mr. Purcell told her was improper under Vector One reporting rules for two reasons: first the balance was a salary dispute and second the Plaintiff and Defendant were in litigation, specifically the 1994 Complaint docketed at 94-2877, Cumberland County Court of Common Pleas. 13. Mr. Purcell made additional verbal requests in 1998 to Ms. Saltz asking that the Defendant respond to the Plaintiff s questions about the Vector One report as it is required to do (See Exhibit A) or that it delete the debit balance report from the Vector One reporting system. 14. In early November 1999, Plaintiff applied to National Western Life (NWL) to be appointed to market NWL Products for several of his clients. 15. Upon receipt of Plaintiffs application for appointment, NWL, a subscribing company with Vector One, contacted Vector One and solicited a report on Mr. Kman. After receipt of said report NWL learned that Met Life had filed a report for a debit balance. Subsequently on or about November 16, 1999, NWL rejected Plaintiffs application for appointment. .,.- 16. As he had done in 1997, Plaintiff.contacted the subscribing company, here NWL, to refute the debit balance. However, unlike 1997 when the subscribing company accepted his explanation and approved his application, NWL did not accept the Plaintiffs explanation but required that the Vector One report filed by the Defendant be cleared before it wonld process his application to be appointed. 17. Plaintiff immediately contacted Mr. Purcell and then filed a written notice on November 19,1999 (Exhibit B) to dispute the Defendant's report. 18. Upon receipt of the Plaintiffs written dispute, Vector One notified the Defendant ~ (Exhibit C) on November 23,1999. 19. On or about December 30,1999, when the Defendant did not respond within thirty (30) days to Plaintiffs written dispute as it had been directed to do by Vector One (Exhibit C), Vector . One deleted the Met Life debit balance report (Exhibit D). 20. Following deletion of the Defendant's debit balance, NWL approved the Plaintiffs application within a week, thereby allowing him to write NWL business for some of his clients. 21. Becanse the financial situation for several of Plaintiff's clients required that the NWL products be written and processed before December 31,1999 which was before the Plaintiff was actually appointed by National Western Life, Plaintiff referred those clients, all of whom in fact purchased the National Western Life product recommended by the Plaintiff, to the NWL home ot1ice. 22. Had the Defendant deleted its debit balance report when it was contacted by NWL on or about November 23, 1999, Plaintiffwould have been appointed by NWL in early December 1999 and would not have been required to refer any of his clients to the NWL home office. COUNT I - DEFAMATION .,.- 23. Paragraphs 1 through 22 above are. repeated herein as if fully restated. 24. The filing by Defendant of an improper claim with Vector One resulted in the publication by Defendant to third parties, including NWL, of a false and defamating statement attributed to the Plaintiff without a privilege in the Defendant to make such a statement. The third parties, including NWL, understood the statement to be defamatory and applicable to the Plaintiff. 25. The Defendant did not delete the Vector One claim in 1997 after it was contacted by the Plaintiff and then by John Purcell, Esquire (See paragraphs 12 through 14 above) but the Plaintiff suffered no special harm until December 1999 when Plaintiff could not be appointed by National -- ~-, Western Life and therefore was not able to write business for certain clients. 26. The NWL products for which Plaintiff could not write business resulted in the actual loss to the Plaintiff of first year commissions and also trail and bonus commissions totaling . approximately $28,000.00, as computed in accordance with NWL's commission schedule. 27. Defendant's conduct was outrageous and done intentionally to harm Plaintiffs reputation. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. COUNT II - COMMERCIAL DISPARAGEMENT 28. Paragraphs I through 27 above are repeated herein as if fully restated. 29. Defendant's report of a debit balance was incorrect, done without a privilege to do so, and resulted in direct peuniary loss to the Plaintiff. / 30. Defendant's conduct was outrageous and willful. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including pnnitive damages, as this Court deems just. COUNT III - INTERFERENCE WITH CONTRACTUAL RELATIONS 31. Paragraphs I through 30 above are repeated herein as if fully restated. 32. Defendant's report of an improper and false debit balance was done as a reponse to the - - - - "", , " " Plaintiff's 1994 lawsuit and was done to interfere with the Plaintiff's contractual relations with his clients. 33. By filing an inappropriate report with Vector One, one of the principal reporting , companies in the insurance business, the Defendant intended and expected that other subscriber companies would contact Vector One and that eventually the Plaintiff would not be appointed by one or more of those subscribing companies, thereby interfering with Plaintiff's ability to earn commissions. 34. The harm intended by the Defendant did not occur until December 1999 when Plaintiff first suffered actnallosses in the form oflost commissions. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. < 6~cI( N. \C~~ Gregory H. Knight, Esquire Attorney LD. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 ~~ -~ , " VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. .,.- EXHIBIT A I; ~, " .,.- " , , '," - _.~ " .:~ ! .'.' YfUOR ONE P.O. Box 12368 · Sconsda/e, Arizona 85267-2368 . 1-800-860-6546 . Fox (6021922-772 Miehael KOlan, Jr. elo KOla a '" Kmaa Financial Croup PO Box 1003 Carlisle, PA 17103-6003 Dcce~ber 11,1997 SSNIFIDN: 170..(io..9278 Dear Mr. Kman: Vec:tor Oae dOCll1ot lilt policy or make decillions as to Its subseriber's qeat cont1'llctillg practices. Vector Oue makes no valne judgemeJIts, nor docs It nport amolUlfl aUegedly owed. Vector Oae oaly reports, to nbsc:ribiDg companies, that another nbsc:ribing company has reported aD aJJeged debit balance. This un only be obtained from the Vector One database as a result of a speeifie Inquiry using YOllr Damc or SSNIFIDN. THE ONLY INFORMATION ON FILE WITH VECTOR ONE. AT THIS TIME, IS THE FOLLOWING: Yoar name was submitted to Vector One as having a debit balance by Metropolitan Life. To obtann the specific facts regarding tbe alleged debit balance you sbould contact: David Griffiths (973) 254-3131 Metropolitan Life 334 Maditon Avenue Convent Station, NJ 07961 Metropolitan LiCe must supply you wit/111'1'itten doeumeutatiou as to the amount oC aad the cin:ulllStances surrounding its claim oCa debit balance. Iryou wish to dispute'MetLiCe'. claim of a debit baJallce, please do so fa 1I'I'Iting 10 Vector One. The statemeut of your position should address specific Cacts that detail and expWp your dispute. . Uyou write Vector One dlIputing MetLiCe'. claim oCa debit baJaace, your statemellt wiIJ be made . part ofyollr file and your .laius la tlte VEcrOR ONE SYSTEM will be cltaaged to "DEBrr BALAI\ICE DISPUTED", Upou realpt oCyour dlapute, Vector One wID send a copy olyour dispute inCormation to Metropolilaa Life. Metropolitan LiCe wiD Itave tltirty days to respond to your dispnte and verify your d,ebit balaaee status to Vector One, A cop)' or the respoue 11)' Metropolitan Life to your dlapate w~1 be sent to you by Vector OJte and wiD beco11le, aJoaC with your dispute. a part oCyoar lite at Vector One. Companies btquirilll bt the IUta... wID be IldvIsed ory_r dilpuled stata. and .-t. copy of your displlte and tile response Il"OIR Metropolitan Life. Should Metropolitan Life direct Veetor One to delete you frolD the Vector One Sl'tctlD, yoa wll be notirled accordiagly. SiaceRIy, ' ~~e:~//.<~L,/.,- j R~ifiti:"Dugp;.v'" President Copy to: David Griffiths -,. -----. ..- . ----of. Metropolitan Life . I . " ExhibitS ~~ , .,.- I I ~ .. ~= -- ~ : , ,. "i .:"'- r;tw~-UMX--- "'t..~"""""~" Kman~Kman -'flNANCiAL GROUP- ---........... ...._.~....- P.O. BIr< 10Q:l Carli..,. PllI7CIJ-<<l(JJ (117) U~lf41 fall (TI7) 2-13-6666 VIA II.....~ 10 ,-9U-171U Banf ClUn'to 'afImo. .... CEIlTUlD:D ~"IL , Novell""" 19, 19'rl V<<:rorOllC PO Oox I H68 &:oosd:JIc. .I\rizoua 85261-2368 In R.. I}/~.I< ofR'por#Id [lrM B.1JwK# b.v MetropolllOJJ l~ <lit MlchNl J. 1Umm, Jr. (l70.6(}. 'l27Ili_ fIf ill Dear V~~or o..cc I lla,e bccOllll: a\\aredlat MeImpoIUllllL~ nms JejllllWoh ddrit boaIan(:e Phlasell(:tept IhiK leKer 8$ '>1)' wll_ dlspul<: ofloUd.!aim liy Ml'Irllp<llkaD life. J \Val' .mpIol)cdll)' Mell.ite.fi<lm ~ 1991 ~JlttlIIlIl)" 199.l. As MelI.ife _ ~ _lhr ~ tbq. olk'N alldagreed to prII"'idt> Jl]l: witb" ~.., fix my fmIt 13 wecb Clf c~_. The 3IIIO\IDt or 1hitI gll8I'IIII1CCd lilI!ar:1 "'as cqll3l to O,! eamingslll my lOrmer~: BqimUBg llle 14'" week orem~ my~""llS""""'" JU"'llg\' <lfQI} 11,0. J J weeks l!3Ills pnld\I<.1icm. MClUre ddiveoolllt lbcirprollli.5e 10)1" compc".liound J bad.. ..~l.~ iii'" tbcir ~'1. . Ai.1lIe CtId uf 1992 I prllVidcd Mcltife \\;!h a /cItlcIr of ~....~ .Iamuu) ~ 1993. The JaiaoaIiIlll \tilt lU1licldlle aa I WIllI acc>i:pltHg a pos.tioJI .. a"'lIch Motnager lbr JOOn 1iaJJcoclk f'ilIluwliiI SeMcn At !be 11_ or 8I,v ~ MelLilil fIIade no ~ COItUlU:nl nI' ""l uUwr requeo;I or deJD."\lIll dIa1l had lIDY ta!~ dlIe wlla1l;uever. .l\tll ye.tfslmcrl6ledJlIaWlllitvsMetLifc.-.l_ afllwiJ -getS (Mr; DlmSlriakoski), The la\\'8IW ~ da,"""", for ~ IIIld Tonoous ~ Ill. llil iBm Rdati_llip. It _ 'llllllllllfter (filed uid Qwsu.illltallllk$Lilll claiDied I ,,\\. . ~lIt ofa pmIion flf my illillal ~ SlIaIy. 1D fKt tWtillhillcfay MclLifc Ilaa BIll ever eveo _ ~ sai<I replI}llIelIl (rOlllID" cIiJt(;II)". 1'tlcy law IlOtlieJlt JIlClIlIY ~tce, dr.~,,~ds Of llIlter M\IlCIlIIIi&tiP& Ibis debt. The mth' W"~,,' I beaInlo: aware of lheif clabll is dIrOIip V4CIclI'Oae rqJmtlJl8 aJ l_lICIlitlI ~ 'll'idlaa n;sency in 19't7. WlIllII t Obllime.ia .:opv llflhat report J COllIllded lbo c;QIllaCI .-em fOr MetUfc llftd - iJlflllRlCd that the lIIJegod debit b.ltauce \\'lIS a Jequest fur rq>a)'melll of Rl)' sabry fium 0eccIIIbef I '>>11luolI4!b MilrdII992 At dlat 1iIM Imferr<<l tile V...'I1IJ One IlIflOI1lu m} ~ WbD "as haud1iIIlIdJ<:~ TIlis lIlwatilm "'not_Tlpagainllllliljtlsl_~ 16, 1?99)as 1 Wll\<wIlleCOD/r.lClJJlt:jlloc",,, Itilh alll14ll<r beunmce CODlJllIIIY. I ...lWlO_lIJl2Ullbllf dIis ~ dcbiI W/lIIlllO is nota ~ --'- It is. cIailn by Metllfi> thlIt I am to tqla). ml' ~ saIal)o from die fll'$l t:jwIrIt.r of 1m. MeIUfe 1m B1111111ida any I\lqU8t 1i>r this aUeccd cLlbt. M, oaty kM",1aIge tame {fOlD a Veetor Ode JqlllJl Uo:dil<: did Illltll\llke Oils dillnl UlIIIl 31D -' YI'3II a!\er IllY I'CII\J'lNIion and ollly alIer I tiled a Iawr;uit apll.Sllhent SIIddng <!llmalla51ft a lXDJlPIIlIdi.1$: IIIId _ re'a*, .......... Thcllbove facl~ 1lO\Witl1SImIdi1l$- il'MetUliIhlld Jeq'1eIMd sald_lll~ ina ~ _ .\\"Ollld aIMIlIulIll~ JIll( be J1l5!.uJa!. MefUfc fI'CI\Iitod me fnmJ a ~cmpIoye.f aad _lhis ~ tllliI<y. M 811 i1Il:entiw for lIle to $\\itch II WllS never di!il>lSled dIllt I!llall\laty oms( be repaW:lIIler 11'fiia;led. Moreover, J "'.!IS lIII AuIaa!u Btaach Mango- wl1b M$lLIk ~ accqnillg.1lW fIMllion ... also based \1l\ 11Ie ~a 1lIllllPC'II'~,joo', 1f II1e IlllaIy WMIl', Rl\lIy ItIiJre lu kllqI 0leD cIk>;tiwi} I wwId lIlwc pRfonnlldJllt duIiro< '" 811 As5i5tllQl ~ tor 110 ~ !fad M~* Jl(JI <lif~ 3 .<Wting w.r.. ll{l(ls( suldl' would not"""e """,plllcIlheiJ otrer tor employment IlIld 8Witcbed 011.1,10)""' - ."-~ - Jr V.dor O~. . h~:.t NII....mbI:r w.Jm- 11", lllwswllUCfllio\led aoo\-Q i.llliII3CIri-e lIIId plIldill3 in !be Cou.It of C.-.oon 1'\_ Cllltllltrland CDIIIIl)' PeMSYIvaaia. AIlooIey JOM W.1'lItwll Jr. EiqlIi:re, \sm~ cOllJlSCl iollii. _. Mr. P\1mll1 CNlprD\.w.:copla;oralllwlllllVdoclllnclIU~ \lOll or..... ,~an~ ""ld~ 11""" in filii mlIllC"r. . -- 'IlClllk you for yaur linll:and~lioI\. llillly be nw:bed Al117-72l14111 oni.\ facsimil.a1117.n~..f1655. ~- Genernl .~l " 101u. W. PurceU, Es.)Uln: file .,.- . / - Exhibit C f F i' .,.. , , , '-:!' , \ .i\~ ~ ~ j~"","," - ~ ' ,j ~ " !.., ," -.....-.--.,- -.. . .' 'VfCfOR ONE P.O Box 12368 . Scon,do,,". Arizono 85267.2368 . 1.800.860-65.46 . Fox (602) 922.7720 November 23, 19.99 Glenn Steinhilber Metropolitan Life 334 Mlldlson Avenue Convent Stlltlon, NJ 07961 Dear Glenn: .....:- Re: Michael J. Kman, Jr. , SSN: 170-60-9278 .H......N._... _:........ M.,. ". . ..._..........~ ....... .... ... .. ..,..,.. Attllched you will Dud a.let1lcr from Mr. Kman disputing his debit balance. In his letter, Mr. KmaD raises two polnls that, if valid, prec:lude him from being reported to Vector Olle. Eat, debit balances must be from charge backs of commissions IInd commission-related advances. The debit balance cannot be fOI' the recovery of a guaranteed salary, jf that, in fact, is the case. Second, it is Vector One's longstanding policy to remove aD agent wbcn tbat agent flies sujt against tile reporting company, pending tile outcome of litIgation. PICllle review tbeSe two Issues and advIse Vector One as to Metropolitan Life's position on them. If either one is accurate, tbelll Mr. Kman must be deleted from the Vector One System. In tbe meantime, Mr. Klnan's status in the Vector One System has been ebanged to "DEBIT BALANCE DISPUTED." MetLlfe must respond within thlrly (30) days. If MetLife has DOt responded to Vector One by December 22, 1999, Mr. KOlaR will be deleted from the Vector 9ne System. . --- R chard L. Dugger R. 1.. Dither Enterprllc" Jne.db. V~tttJr Oae Copy to: Michael J, Kman, Jr. PO BOll: 1003 Cal'lIsle, PA 17013-6003 · r' . Exhibit 0 J _^". , .,.. '"'-"..... - < ~ " , ,., '~ ^ tli:.', If" . ;Ii I" f!'.' l. .,.,~, ONE December 30, 1999 P.O. Box 12368 . Scon,dole, Arizona 85267.2368 . 1.800.860-6546 . Fox (602) 922.7720 - Glenn Steinhilber MetropoIltan Life 334 Madison Avenue Convent Station, NJ 07961 'Re:Mtchilel<JtKlilittr,Jr. 'H, . S.S. Numberrrnx I.D. Number: 170-60-9278 ''''F:', Dear Glenn: Attllched is a copy of tite dispute package sent to you on November 22, J 999. Slnee there was no response by , Michael J. Kman, Jr. has been removed from the Vector One System. I Sbould Metropolitan Life elect to resubmit Michael J. Klnan, Jr. to Vector One, It may do so. However, prior to reporting Micllael J. Kman, Jr., must provide both Michael J. Kman, Jr. and Vector One with documentation of tlte debit balance. Vector One does Dot trcat a "reinsertion" Iigh~~y. ,Document~tlon must be Included along with tbe request to reinsel"t Michael J. Kmiln, JJ:.. . Vector' One will notify Miehael J, Kman, Jr., in wl-jting, of the reinsertion ODce it has received and reviewed the documentation. If you hllve any questions, please contact mc. .,.. COllY to: Michael J. Kman, Jr. PO Box iOo3.. H~~rJiSle" P A17!lP~t!~~;l " . . ,. .,-. , "" . ',:<l..' ." ., .<~.. :(., . . ~ ~ < . . I ~ ~ _Uli ~ ~ - " . (" , , , " PROSKAUER ROSE LLP Amanda D. Haverstick (Attorney J.D. No. 85069) One Newark Center - 18th Floor Newark, New Jersey 07102 973.274.3200 Attorneys for Defendant Metropolitan Life Insurance Company UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MICHAEL 1. KMAN, JR., oo-CV -/o3D Plaintiff, v. NOTICE OF REMOVAL METROPOLITAN LIFE INSURANCE COMPANY, Defendant. PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. SS 1441(a) and 1446, defendant Metropolitan Life Insurance Company ("MetLife") respectfully notices removal o.t:this action from the Court of Common Pleas for Cumber!and County, Pennsylvania, to the United States District Court for the Middle District of Pennsylvania, by the filing of this Notice of Removal with the Clerk of the United States District Court for the Middle District of Pennsylvania. MetLife, by and through its undersigned attorneys, respectfully states the following as grounds for removal of this action: I. This action may be removed to this Court by MetLife pursuant to the provisions of 28 U.S.C. SS 1441(a) and 1446. 4949/48476-109 NJLl81/53381 vl ".f.,^<, , 2. On or about September 15, 2000, plaintiff commenced an action in the Court of Common Pleas for Cumberland County, Pennsylvania, entitled Michael], Kman, Jr. v. Metropolitan Life Insurance Companv, (the "State Court Action") which was assigned Civil Docket No. 00-6315. 3. MetLife was served with the Summons and Complaint in the State Court Action on or about September 19,2000. 4. This Notice of Removal is filed within thirty days after a copy of the Summons and Complaint in the State Court Action was served on any defendant and therefore is timely filed pursuant to 28 V.S.C. S I 446(b). Mumhv Bros. Inc. v. Michetti Pipe Stringing Inc., 119 S. Ct. 322 (1999). 5. Copies of all process, pleadings and orders served upon MetLife in the State Court Action are attached hereto as Exhibit I. 6. A copy of the written notice required by 28 V.S.C. S 1446( d), addressed to the adverse party and to the Clerk of the Court of Common Pleas for Cumberland County, Pennsylvania, is attached hereto as Exhibit 2 and will be filed in the State Court Action and forwarded to plaintiff ./ upon the filing of this Notice of Removal. 7. This action is removable pursuant to the provisions of28 V.S.C. S 1441(a). It is a civil action over which this Court has original jurisdiction under 28 V.S.C. S 1332, in that there is complete diversity between plaintiff and defendant and the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 4949/48476-109 NJLl81/53381 v1 -2. ')j", , ' JURISDICTION EXISTS UNDER 28 U.S.c. & 1332 The Parties are Diverse 8. Plaintiff is alleged in the Complaint to be a citizen of the s.tate of Pennsylvania (Complaint ~ I) and therefore, on information and belief, plaintiff is now, and at the time the State Court Action was commenced, a citizen of the State of Pennsylvania. 9. MetLife was at the time the State Court Action was commenced and is now a corporation organized and existing under the laws of the State of New York with its principal place of business at One Madison Avenue, New York, New York and therefore is now, and at the time the State Court Action was commenced, a citizen of the State of New York for purposes of diversity jurisdiction. 28 U.S.C. S 1332(c)(l). 10. There is, thus, complete diversity of citizenship between plaintiff and defendant. The Amount in Controversy Exceeds $75.000 II. For this Court to have subject matter jurisdiction based on diversity of citizenship, the amount in controversy must exceed the sum or value of $75,000, exclusive of interest and costs. .,.. 28 U.S.C. S 1332(a). 12. In his Complaint, plaintiff seeks damages "in the amount of $28,000" in each ofthree separate causes of action. (Complaint, "WHEREFORE" clauses in Counts I, II and III). In addition, plaintiff seeks "costs, and counsel fees, and such other relief, including punitive damages, as this Court deems just." Id. 13. In determining whether the requisite jurisdictional amount is satisfied, both actual and punitive damages claims must be considered. Packard v. Provident National Bank, 994 Fold 1039,1046 (3d Cir. 1993). See also Corwin Jeep Sales & Service. Inc. v. American Motor Sales Corporation, 670 F. Supp. 591, 595 (M.D. Pa. 1986) (stating that in order "to establish the 4949/48476-109 NJLl81153381 v1 -3- . I , " - , , "."', ~;- ~liiCJJllie. jurisdictional amount it is sufficient that there is a probability that the value of the matter in controversy exceeds the jurisdictional amount"). 14. Thus, the amount in controversy reasonably exceeds $75,OQO, with the inclusion of punitive damages, exclusive of interest and costs. 15. Consequently, the State Court Action is removable to federal court. 16. Accompanying this Notice of Removal is a Civil Cover Sheet and a check in the amount of$150.00 for the required filing fee. WHEREFORE, defendant Metropolitan Life Insurance Company removes the State Court Action from the Court of Common Pleas for Cumberland County, Pennsylvania, to this Court, and prays that this Court take jurisdiction of this civil action to the exclusion of any further proceedings in said state court. Dated: October..t , 2000 Respectfully submitted, PROSKAUER ROSE LLP .,.. ~9\J-^' By_ AMANDA D. HAVERSTICK (Attorney !.D. No 85069) One Newark Center - 18th Floor Newark, New Jersey 07102 Attorneys for Defendant Metropolitan Life Insurance Company 4949/48476-109 NJLl81/53381 v1 -4- "",' ~ ~ ~ PROSKAUER ROSE LLP Amanda D. Haverstick (Attorney LD. No. 85069) One Newark Center - 18th Floor Newark, New Jersey 07102 973.274.3200 Attorneys for Defendant Metropolitan Life Insurance Company MICHAEL J. KMAN, JR., Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA v. METROPOLITAN LIFE INSURANCE COMPANY, CIVIL ACTION - LAW NO. 00-6315 Defendant. NOTICE OF FILING OF NOTICE OF REMOVAL PLEASE TAKE NOTICE that on this date, defendant Metropolitan Life Insurance Company ("MetLife"), by their attorneys PROSKAUER ROSE LLP, filed a Notice of Removal pursuant to 28 U.S.C. gg 1441(a) and 1446, with the Clerk of the United States Dtstrict Court for the Middle District of Pennsylvania to effect-removal ofthis action to that United States District Court. Accordingly, no further proceedings should be had in this matter in the Court of Common Pleas for Cumberland County, Pennsylvania. A copy of the removal is attached hereto as Exhibit l. 4949/48476-109 NJLl81/53391 v1 - Dated: October ~, 2000 4949/48476-109 NJLl81/53391 v1 ,I " -, ^'J Respectfully submitted, PROSKAUER ROSE LLP . ~~ By . AMANDA D. HAVERSTICK (Attorney LD. No 85069) One Newark Center - 18th Floor Newark, New Jersey 07102 Attorneys for Defendant Metropolitan Life Insurance Company .,.. -2- . ~ .. 1-' '11l',- CERTIFICATE OF SERVICE I, Maureen Babb, hereby certifY that a true and correct copy of the foregoing Notice of Filing of a Notice of Removal was served this date upon the following persons by federal Express Priority Overnight, addressed as follows: Law Offices of Michael J. Hanft Attorneys and Counsellors at Law Gregory H. Knight, Esq. 19 Brookwood Avenue - Suite 106 Carlisle, Peilllsylvania 17013-9142 1t1~~ Maureen Babb Dated: October!l., 2000 .,.. 4949/48476-109 NJLl81/53391 v1 -3- - ,.J," .;' .~, , m x :::T 5' ;:;: ~ 5" :li -"~ ~ -.,"" .~~ MICHAEL J. KMAN, JR. Plaintiff : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA .<i.. v. : CIVIL ACTION - LAW : NO. 00- ~tJ - (p 3/.5 twJ METROPOLITAN LIFE INSURANCE COMPANY, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do. so the case may proceed without you and ajudgrnent may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 o c: -.,::: .,'(OJ ~l"'i'l J':_~J Zr- (JJ~" z-' t::.CJ ;eo '-0 >c 7' ~ o Cl (/? r1 -0 o ~; . U\ ..~ ;'r~'l1 ~::q ..,=~ --- ':~~J +...:; ~::!n t3m .:. ,- :0 -< v ::,;;; c- (P NOTICIA Le han demandado a usted en la corte. Si usted qui ere 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 0 en persona 0 por abogado y archivar en la corte en fonna escrita sus defensas 0 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 0 notificacion y porcualguier quejao alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO IlENE ",,,,I MICHAEL J. KMAN, JR. .0\, Plaintiff v. : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY %PENNSYL VANIA : CIVIL ACTION - LAW : NO. 00- METROPOLITAN LIFE INSURANCE COMPANY, Defendant COMPLAINT AND NOW comes the Plaintiff, Michael J. Kman, Jr., by and through his Counsel, Gregory H. Knight, Esquire, to file a Complaint against the Defendant in support of which the following statements are made: 1. The Plaintiff, Michael J. Kman, Jr. (Kman or Plaintiff) is an adult citizen, residing at 10 I 8 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff, owner of a multi-line brokerage, maintains an office at his residence in Cumberland County. 3. Defendant, Metropolitan Life Insurance Company (Met Life or Defendant), is a corporation that is authorized to do and tltat regularly conducts business throughout the Commonwealth of Pennsylvania with its principal office at One Madison Avenue, New York, New York, 10010, and with a local office at 6360 Flank Drive, Harrisburg, Pennsylvania. 4. At all times material to the Plaintiffs claims and causes of action in this litigation, the Plaintiff maintained an office in Cumberland County and the Defendant regularly conducted business in Cumberland County. 5. On December 17,1997, Plaintiff received a letter (Exhibit A) from Vector One, a reporting service to whom insurance companies file notices against agents for alleged commission debit balances. 6. Neither Vector One nor Defendant had ever contacted Plaintiff about any alleged debit balfulce before December 17, 1997. 7. Pursuant to its contract with subscribing companies, Vector One reports to its subscribing companies only the fact that another subscribing company has reported an alleged debit balance. Vector One does not set policy for its subscribing companies; it does not make decisions on its subscriber companies' agent contracting practices; it does not render legal judgment on alleged debit balances; nor does it report amounts allegedly owed. 8. After receipt of the December 17,1997 Notice, Plaintiff called Vector One and was told that ifhe wished to dispute the Defendant's report he must contact David Griffiths at Met Life. Mr. Griffiths told the Plaintiff that the debit balance was for a portion of the salary Plaintiff was paid when he was employed by the Defendant in 1992. 9. Plaintiffs resignation from the Defendant was written on December 23, 1992, with an effective date ofJanuary 22, 1993. 10. When Plaintiff first contacted Mr. Griffiths in December 1997, he wasalso a Plaintiff in a lawsuit he had filed in 1994 against Met Life and others and docketed at Michael J. Kman. Jr.. v. Metropolitan Life Insurance Comoanvand Daniel J. Strinkoski. No. 94-2877, Cumberland County Court of Common Pleas. When Plaintiff told Mr. Griffiths about that lawsuit, Mr. Griffiths refused to answer any other questions and directed all future inquiries as to the Vector One report to the attorney representing Met Life in the 1994 lawsuit. 11. After his discussion with Mr. Griffiths, the Plaintiff called John Purcell, Jr., his Counsel in the I 994 lawsuit, who then contacted Veronica Saltz, Esquire, the attorney representing Met Life in that litigation, to request her assistance in answering questions about the Vector One debit balance _1 ~...d~; report. 12. Ms. Saltz told Mr. Purcell that she would contact her client to investigate the validity of its \( ector One report which Mr. Purcell told her was improper undet; Vector One reporting rules for two reasons: first the balance was a salary dispute and second the Plaintiff and Defendant were in litigation, specifically the 1994 Complaint docketed at 94.2877, Cumberland County Court of Common Pleas. 13. Mr. Purcell made additional verbal requests in 1998 to Ms. Saltz asking that the Defendant respond to the Plaintiffs questions about the Vector One report as it is required to do (See Exhibit A) or that it delete the debit balance report from the Vector One reporting system. 14. In early November 1999, Plaintiff applied to National Western Life (NWL) to be appointed to market NWL Products for several of his clients. 15. Upon receipt of Plaintiffs application for appointment, NWL, a subscribing company with Vector One, contacted Vector One and solicited a report on Mr. Kman. After receipt of said report NWL learned that Met Life had filed a report for a debit balance. Subsequently on or about November 16, 1999, NWL rejected Plaintiffs application for appointment. -<' 16. As he had done in 1997, Plaintiff tontacted the subscribing company, here NWL, to refute the debit balance. However, unlike 1997 when the subscribing company accepted his explanation and approved his application, NWL did not accept the Plaintiffs explanation but required that the Vector One report filed by the Defendant be cleared before it would process his application to be appointed. 17. Plaintiff immediately contacted Mr. Purcell and then filed a written notice on November' 19, 1999 (Exhibit B) to dispute the Defendant's report. 18. Upon receipt of the Plaintiffs written dispute, Vector One notified the Defendant - ,', i H""J- (Exhibit C) on November 23, 1999. 19. On or about December 30,1999, when the Defendant did not respond within thirty (30) days-ito Plaintiffs written dispute as it had been directed to do by Ve7tor One (Exhibit C), Vector One deleted the Met Life debit balance report (Exhibit D). 20. Following deletion of the Defendant's debit balance, NWL approved the Plaintiffs application within a week, thereby allowing him to write NWL business for some of his clients_ 21. Because the financial situation for several of Plaintiffs clients required that the NWL products be written and processed before December 31,1999 which was before the Plaintiff was actually appointed by National Western Life, Plaintiff referred those clients, all of whom in fact purchased the National Western Life product recommended by the Plaintiff, to the NWL home office. 22. Had the Defendant deleted its debit balance report when it was contacted by NWL on or about November 23, 1999, Plaintiff would have been appointed byNWL in early December 1999 and would not have been required to refer any of his clients to the NWL home office. COUNT I - DEF AMA nON <' 23. Paragraphs 1 through 22 above are repeated herein as if fully restated. 24. The filing by Defendant of an improper claim with Vector One resulted in the publication , I by pefendant to third parties, including NWL, of a false and defamating statement attributed to the I , Pl~ntiffwithout a privilege in the Defendant to make such a statement. The third parties, including ! NWL understood the statement to be defamatory and applicable to the Plaintiff. , ' 25. The Defendant did not delete the Vector One claim in 1997 after it was contacted by the Plaintiff and then by John Purcell, Esquire (See paragraphs 12 through 14 above) but the Plaintiff suffered no special harm lmtil December 1999 when Plaintiff could not be appointed by National ,Ej Western Life and therefore was not able to write business for certain clients_ 26. The NWLproducts for which Plaintiff could not write business resulted in the actual loss to tQe Plaintiff of first year commissions and also trail and bonus commissions totaling . . approximately $28,000.00, as computed in accordance with NWL's commission schedule. 27. Defendant's conduct was outrageous and done intentionally to harm Plaintiffs reputation. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. COUNT II - COMMERCIAL DISPARAGEMENT 28. Paragraphs 1 through 27 above are repeated herein as if fully restated. 29. Defendant's report of a debit balance was incorrect, done without a privilege to do so, and resulted in direct peuniary loss to the Plaintiff. .,.. 30. Defendant's conduct was outrageous and willfuL WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. COUNT ill - INTERFERENCE WITH CONTRACTUAL RELATIONS 31. Paragraphs 1 through 30 above are repeated herein as if fully restated. 32. Defendant's report of an improper and false debit balance was done as a reponse to the .. . -'-1" '(;1 Plaintiffs 1994 lawsuit and was done to interfere with the Plaintiffs contractual relations with-his clients. .\ 33. By filing an inappropriate report with Vector One, one of the principal reporting . . companies in the insurance business, the Defendant intended and expected that other subscriber companies would contact Vector One and that eventually the Plaintiff would not be appointed by one or more of those subscribing companies, thereby interfering with Plaintiffs ability to earn commissions. 34. The harm intended by the Defendant did not occur untU December 1999 when Plaintiff first suffered actual losses in the fonn of lost commissions. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $28,000.00 plus interest together with costs, counsel fees, and such other relief, including punitive damages, as this Court deems just. ( G'~tI{ N. {C~~ Gregory H. Knight, Esquire AttomeyI.D. No. 30622 19Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 '"" ~. ,1- ) .'\ .,.. ----- :~. . VEUOR ONE I -- - - P.O. Box 12368 · SconsdoJe. Arizona 85267-2368 · 1-800-860-6546 · Fax (602) 922-772 ~ichael Kman, Jr. clo Kmaa & Kll1aa Flnaacial Group PO BOll 1003 Carlisle, PA 11103-6003 Dccc~ber 17,1997 SSNIFJDN: 170..fj1).9278 Dear Mr. Kman: Vector One dOCllll1ot let poUc:y or make deeilJons u to l1s subscribe,... agad contracliag practica. Vector Olle makes DO value judgemans, nor does It report I1RIOlUlts allegedly owed. Vector Olle oaly reports, to SIlbscribiDg compaales, thatuother SIlbseribiag COIDp81l1 ha.t reported lU1aDepd debit balance. This ua oaly be obtained from the Vector One database as a result or a specific: Inquiry using YOlllr name or SSNIFIDN. mE ONLY INFORMATION ON FILE WITH VEcrOR ONE, AT THIS TIME, IS THE FOLLOWING: Your aame was submitted to Vector Oae as uviag a debit baJaacc by Metropolitan Life. To obtdl11 the apecific facts regarding the alleged debit balance )'OD should contact: David Griffiths (!n3) 154-313.1 Metropolitan Life 334 MadisOn Avenue Coavent Station, NJ 01961 ." Metropolitan LiCe must supply you with written documeatation as to the amOunt 01 aad the c:lt'Cl1/lUtaaces surroundiug Its claim ora debit balance. 11)'011 wisb to dbpute MetLile's $Im of a dc:hlt baJaace, please do 10 1ft W1'ldng toVeetor Oae. The statc:mc:at of yoor positioll should address specific: racts that detallalld exptaitryour displlte. .' . Ir you write VectorOac dispntiDg MetLife'. claim of I debit balaDCe, yo1lrstatemeJltlrilJ be made a part orYOltr file and yoar statu la the VECfOR ONE SYSTEM will be chaaged to "DE8lT BALA.'IICE DISPUTED". Upoa receipt ofyoar dbpute, Vector One wlU stad a copyoryo.r dispute inCormation to MctropoUba LU'e. Metropolitan Life wiU Ita..e thirty dayl to respoad to your dl.tpute Ind verify ,our d,ebit balaDce ata.lus to Vector OM. A copy of the respoase b1 MetropolitlUl Lire to your dispute wql be sent to YOIl by Vector ODe alld win becol1le, .Jolle with your dbpute, a part llCroar meat Vector ODe. Companies blqalrl11lln the ....tare wiD be adriIed or y_r disputed ttataa and seet . copy of your dlspllte llI1d tbe response from Metropolltaa LU'e. Should Metropo1it1aa Life direct Vector ODe to delete you &ota the Vector Oae System, YOIl will be aotir/eeI .ccordiagly. ':~-,- Sincerely, .' .. /..,/. d.j (? ~) [ ll.fi.r.'!J.t'i~~#- ~j RICIil~ DUller /.:7. Praldent Copy '0: . David GriffitbJ Mc:tropolltall Life ~ _J . . Exhibit B -, , .~~"" , ~ / . "" 1,,"-, . Kman~Kman I I~. . FINANCIAL GROuP P.O. lax 1003 Catlldt.l'a 170 /3-<<Xt] (1\7) ~3-1141 f"'l.(.TJ7}2-13~ VIA '....100oi1.10 418-921-7710 Bard Co~,oe- \it CJ:BTftlD:D ~ , lolol'tClllbcl 19, 19')01 V.:clor Clue PO llo.x 11368 "'-ntrcd"~. AJko<1:l KS267-2JGlI '" Ro: IH~.IG Df noporl1ld {/(oM fJdM(~ b.v MetrapolllOlll.Jfe DIf Mleltael J. Kmu", Jr. (170-60- 'n7/lj. ~ Ill. Oc:lr V!-'Clor~ Iltne bccOt1lC 8\\~1tlal MetropoIIl8l1Llfe has JCpOl1ed. debit lIoabnc:c. Ph:asc ~ this 1ettor lI$ my wnlleJl di.<;Pulo: of Wd ~1aim 11)' l.kJrop<>lll2n Ute. J "'3l' .mpl4)l:d by Meitit..lixlm Dooccmber 1991 t!IIou&h Jlltl\I!Il)' 199.1. As Mcll.ite - ~ _for ~ lb:y 4ffi:rl,'lj oodag=110 Jl'O'idollll: wUh a~ ~ 10< my fInt 13 ~ Or~O)""'bl. Thc3QlQQllt of1hil SUll/lIIllCCdsa!llry "':IS !:Qa:sl1O n~ eaminSSlll Pl}' fotmet~: IlqifIlIiDgdle 14. week oremjllllymMt my eompensa!Ia" "':l& lObe "''''er;ageol'a" lit.... IJ ""ek.. sales prodacOoa. . ;..Mut. cJdiy~n:d Ottllleir protnI'" lor ~ and J ~II SI~I.~. tti!ll1bcir tompany. . A11l1c Old af 190;11 plO\idcd MclLilc ....;Ih.Iotl<<OIl'~lpIl'~'l:lanual)i 21. J993. 11lu:.iplion'IIaJ8I1licableu IwasllCCq1llng "position at Sr.mc:h M'IlIil&Cl' ror J<>ha J,t.~ FiDMcial ScM=. Al thc'll_ of 8ty ~ MccLife ntade /to n:fc:n:lta:, COIlUIll:nl rrt an)' ullter r~OI'dctll"'lIld lballhJldllA,v Ila!.~due~. T\>"O )"C:I6l@'J 6lcd a IaW!llit w MctUfc !IIl!I- of IIlcir lIlDIllIgef$ (Mr. Dan SlrlakoW), The 1.Il"'lo'IUt ~ dall~ rol Dc!:uHaliooaDd Tort\lO\lS ~_tlh BiiA- Rdalioolsbip. It _'IIIlIIil11lh:r Illkdgjd qwsu.il tball\klJ_ir~ claim<:<t I 0\\-..1 a n:pll)'1l1\:lIt ota(lllJtiaa ofJq1 UdIblI\Wllflle!'d salary. lDflKt tllltif1hivcflQ'MctUfc 1!aa DOl cvcr~~ 0lI0l r~ said rqJ;l}1IlelIl rlO/llPJe ~. TIley ""W llOtsCut /IlllllllY C.lu~lCC, .I.....wI.OI' otIiu~ IIistiPg IhisdcbL lbtlllllv w4,-1 beclmo:awareotlheirclallll isdlrOu,h VecJOf~R$IOtdIIS...I_scul1llI_"IIOIed-..ilhaa ~{n l!m. Whca 100000ine.ta .:opy oI'lhat report I COI1Il\dCd tbo.;onl;lCl PjrioafOrMetUfc: l/Ild _ ipf/lmled lhatthe ~dmil ~"'lls a Ic:quest mr r<pIt).....aea(IlIY saWy from Oeccmbct lWl!1broush Ma...-:h 1992 A1that1ime lJl:tcrrcd die Vco..,,. One ri:port 10 my ~.., ...no \las handlinjJ Ibe lawsuit TIsi:r. ~lilm Ms.11ot_Tlpagalnwiti1jusll1OW~ 16, 1'J99)asl """"Inlh<:COlIIno:l.iatPH.,,,,"S . "ltilh anaW:r btsurancc company. I wllf1l1O$lleB Jg:tlIIlIIlIllhis ~ ck:blt ~ is oat a ~ IlWCI3aI. It is a d:lim by MetUk Ibm llJ\t 10 I't\'GY m,' ~lI.esalar) from m.: fJQ\qaut.7of 1m. MelLi(e balDOlllllldGllIlY lIlqUt&l~rtlliulle~ d.:bl M, oaIy kncl'rlcdgecamc frool a Vector 0IIe JqlOJl M:ltiite did /lOt IA\lke Ihls cIldm UlII1I ! lo , ycaq aj\er I1ly RlIIgA8Iion and opIy allell filed a t:n..1UiI ~1I~m$M:ia!l damagalln HOlllJllctdi tqIlItalc IIDd am. \c. ,~ 1IUIIfc:r. 1'11.: above fIIcb ~inJ _ if MctUfe Ill1II n:queS1ed said retum of IlIIaJy ina IlIld)- ___ it Yicmld ab1olulel,. IIC( be J1ISI.Uicd. M'dUle reauifcct /IllC from a pn.'\'louI ClllpJoter 8IId ll$td lhil JIIlIflIi*cd SlII:lry.1Il! 11I1 incaHiv~ Cor me 10 $'I\iteh If was IlO\'U di...'USIed dIlIl mi, llllaty must be rcpa1cI.lII\a" f RIIp1Cd_ Moreover, f _lID AssIII:lI!t Bmoc:h Manger _iIb MetUIi: a!ld ""~DgllWJ*llion '11"a&aIlIa.~ based on lbe ~.f ClIlJlIlCIIIIl/. lfllle AlaI)' \mil', Rl\lIy IIIim: to keep lJlcu dk.:tMl} I WOOJId hate ptdonnl'ld all dlIIic6.. all At.~ ~ b ao ""","".di1llL HadMclLife ant offCltd a swting lCIIary llOOSt surely "ould not h,.,.c aa:eplcd lbeiF ofl'er tDf cmplo)1hcat and 5I\i1dIed omplo)-en. -- ,...J. ~'.2'_ ~. , . .;... , !I- \ltcloIr Olie . Paae1 Ntvtmba- ",Jm- .'\ , The llM'ilIit I\IeIIIiooe4 abo\-c II .ul:l.:live 8IId ~~ lD!be Coull of C"""P"" PIas CIIBlbcfIand CClllftly PcM&l'Ivaaia. AilMIey Iolut W. hm:1L h. E.quIre, is JII)1 cp.u,sd Ia lliil- Mr. Parcell Cl\Ilprovlde copies or all and lIII1 doclllMlllI shoWd rou orallY cOil1jlaJI)' rcq_lllCm in 1lli11llll1ler. . . TI1:Illkyou lilt yOW' lm:lItId ~\lIl. IIDl1,'bc nlICbcd III 717.72J.Q711 Ol\ia facsimilc1ll711.72S-I.l6$'. If_ GencI:l1 Agcul ,_, JoN. W. Putcell, Es.jWIC file> .,.. . , . "" L~.'~~,; .,J!I'" Exhibit C . I ,~' ~~ ~ ".... .~ -" ~ .~. ~;,:~ . ,0 YfCfOR ONE .'\ P.O. Box 12308, .. Sco"ldor.. Arizono 85267.2368 . 1-800.860-65.46 . Fo" (602) 922-7720 November 23, 1999 Glenn SteInhilber Metropolitan Life 334 MadiJon Avelluc Convent Station, NJ 07961 Re: Miehael J. Kman, Jr.. SSN: 170-60.9278 Dear Glenn: .....- --- -.....- ~'~"""'.'. ~ ...~.... . . """~l':." ..-~.:.. .'.~' . Attathed you will flud n'letter from Mr. Kman disputIng his debIt balance. In his letter, Mr. Kman raises two points that, U valid, predude him from being reported to Vector One. EinL debit balances must be from charge backs of commissions and eommlssion.related advances. Tbe debit balance cannot be for tbe recovery or It gUlU'llnteed salary, itthllt, In fact, Is tbe case. Seconll, It is Vedo.r One's longstanding polity to remove aD agent when tllnt agel\t files suit against the reportillli company, pending the ouh:ome or litl2atlon. PlcaJlI review theSe two Issues lllnd advise Vector Oue as to Metropolitan Life's position on them. Ihlther one 18l1ccurate, tbenMr. Kman must be deleted from the Vector One System. In tbe meantime, Mr. Kman's status In the Vector Ooe SystemlJas been changed to "DEBIT BALANCE DISPUTED." MetLlfe must r'!llPoDd within thirty (30) days. If MetLi!e has not responded to Vettor One by Deceolber 22,1999, Mr. Kman will be deleted from the V~orone System. -- .. . R chard L. Dugger R L n"ntr Enfcrprlua. Int.db. Vector OA1t Copy to: Michael J. Kmlln, Jr. PO Box 1003 ClIrllsle, PA 170'1)..6003 , .. 1,..""" - I . . Exhibit D II 1.1 r , 'jj"~,, .,.. .. ~.,. ...."" A"v '" vr(lOR ONE P.O. eJ,,, 12j68 , . I nC'eember 30, 1999\ ! . Scon,dole, Arizono 85267.2368 . 1-800.860.65A6 . Fo~ (602) 922.7720 - Dear Gleon: Glcnn Steinhilber i Metropolitan Lifo I 334 Madison Avcnqe Cilnvent Station, NJ 07961 I "'Re: ~~~:::~~::~~~. Nu'm~':;; 17~~~;;;8 I I Atb\ched is a copy ~~the dispute package sent to YODon November 22, J99? Since there was no response by , MJ(!hael J. KmaD, Jr. has been removed from the Vector One System. I. , Sbould Metropolita~ Life elect. to resubmit Michael J. Kmau, Jr. to VectorlOne, it may do Sa. HOWeVer, prior to reporting Micllael J. Kml'lU, Jr., must provide both l\IIi~hael J. Kman. Jr. and Vector One with documentation of the debit balance. Vector One does not treat a "reinsertion" lightly[ .Docu~e;n~ation JlIl1st be included along with tbe request to rcinsel1 '1'. ,." Michael J. Kman, JIr.. . VectOr' One will notify Mlcbael J. Kmnn, Jr., in writing, of tlte reinsertion once it l1~s receive~j and reviewed the documenb\tlon. I lfyou bllve any ques~ions, pJ.case ~ontact me. I ,- ',',::,",.' :.....'f~t. -...._ .r....~ . '..1 .,.. Sincerely, ~~~o: President \ It. 1" D1I&itr f.Dterprlu..1, Int.lIr Vtttor One Copy to: Mlcl1acl J. Kroan, Jr. PO :ao~iiO(l~ .,... .Carllsle, P A 17013.600;J .. " '.. I'" '.' ::.,., :.... '.' .. '. .c'" . I~. ..' '..:. i '.. . : . ,. . .. '. .'! ~ ': . . , . --'. '1::.'.;:,' .. . . ~ .. : " '. . ..... ';.'. .' .., .... ~ . '\': :.'. ..t . .'............ ~ ;....~...: ...:.~..~ .:~:. ,'. ... "".. ~ " '.: ' :f': . .,..,.:......: p ..~ .;. . .'. '";.: . ". " .:' :,.... :", i ~ ':' ~:: : .... '. , C" " II - 1IW-1-.~ l I MICHAEL J. KMAN, JR., Plaintiff, VS METROPOLITAN LIFE INSURANCE COMPANY, Defendant Court of Common Pleas Cumberland County Pennsylvania Docket No. 2000-6315 Civil term fILED HARRISBURG, PA OCI 2. 5 2.00l.l !SA,CLERK MARY E. Per L y Clerl< The United States District Court for the Middle District of Pennsylvania. PLEASE ACKNOWLEDGE RECEIPT OF THIS CASE BY SIGNING AND DATING THIS DOCUMENT. .,.. RECORD RECEIVED:/~;?~a DATE: lobsl~6.", , $~itjt:J,kd;u- (signature & title) Please Mail back Attn: Becky - Prothonotary office One Courthouse Square Carlisle PA 17013 ~~. , . I MICHAEL J. KMAN, JR., Plaintiff Court of Common Pleas Cumberland County Pennsylvania vs Docket No. 2000-6315 Civil Term METROPOL1TAN LIFE INSURANCE COMPANY, Defendant The united States District Court for the Middle District of Pennsylvania. PLEASE ACKNOWLEDGE RECEIPT OF THIS CASE BY SIGNING AND DATING THIS DOCUMENT. .,.. RECORD RECEIVED: DATE: ..r (signature & title) ( n /0 -J..3-tJO (VJOtI eO Please Mail back Attn: Becky - Prothonotary office One Courthouse Square Carlisle PA 17013