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Home My WebLink About99-03300?jk Oi 0 t G ? VJ v v _ 1 \,U1 ?N / N- S c: I:JJ Ill L... C\j pq, s U Fred H. Hail, ID # 34331 McGraw, Hait & Deftch n 4 Liberty Avmue Carlisle PA 17013 (717) 249-0500 249.2411 (fax) An mey fa Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A ANTHONY CIVIL ACTION -LAW Plaintiff :NO.: 99- 3266 1. at-( lf'Lki vs. NATIONWIDE MUTUAL 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other fights 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Fred H. Hart, ID 11 34331 McGraw, Hart & Dertchnnan 4 Liberty Avenue Carlisle„ PA 17013 (717) 249.4ta) 2492411 (ia7) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUE A. ANTHONY, Civil Action-Law Plaintiff Vs. No. 9 9. 39&V etu4 T...' NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant COMPLAINT 1. Plaintiff, Sue A. Anthony, is an adult individual who currently resides at R.R.1, Box 107•D•2, Loysville, Perry County, Pennsylvania. At the time of the events out of which this action arises, Plaintiff resided in Newville, Cumberland County, Pennsylvania. 2. Defendant, Nationwide Mutual Insurance Company, is a corporation doing business in Cumberland County. Defendant maintains a place of business at 1000 N w ation ide Drive, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant is licensed by the Commonwealth of Pennsylvania to issue motor vehicle insurance policies, in accordance with the Motor Vehicle Financial Responsibility Law (MVFRL). 4. On a date prior to 3/29/96, Defendant issued to Plaintiff an auto insurance polic y bearing policy number 58 37 B 864325. The insurance policy obligated Defendant to pay for reasonable and necessary medical treatment for injuries arising out of the maintenance or use of a motor vehicle. Plaintiff does not currently have a copy of the insurance policy, but she believes that Defendant does have a copy of the policy. 5. i Insurance policy number 58 37 B 864325 was in full force and effect on 3/29/96. 6. On or about 3/29/96, Plaintiff was involved in a motor vehicle accident in which she suffered injuries, including severe recurrent headaches, and injuries to her neck, back, and right forearm. 7. As a result of the injuries she suffered in the 3/29/96 motor vehicle accident, Plaintiff sought treatment and care from Thomas Boch, D.C., of Chirotech, Inc., 323 York Road, Carlisle, PA. 8. Dr. Boch treated Plaintiff for her injuries from 4/3/96 to 11/20/96. 9. Defendant has declined to pay for treatment rendered by Dr. Boch after 6/5/96, alleging that further care was not reasonable or necessary. 10. Defendant's failure to pay for reasonable and necessary treatment of the injuries she suffered in the 3/29/96 motor vehicle accident is a breach of the insurance policy, and a violation of section 1716 of the MVFRL. 11. The treatment that Dr. Boch rendered to Plaintiff from 6/6/96 to 11/20/96 was in fact reasonable and necessary, because Plaintiff had neither recovered from her injuries nor had she reached maximum improvement by 6/5/96. Further treatment was necessary in order to restore Plaintiff to full health. 12.The cost of the reasonable and necessary treatment that Defendant refused to pay for was $2,610.00. WHEREFORE, Plaintiff demands judgment against Defendant for damages in the amount of $2,610.00, interest at the statutory rate of 1250, per annum pursuant to sections 1716 and 1797 of the MVFRL, attorney fees pursuant to sections 1716 and 1797 of the MVFRL, costs of suit, and such additional relief as the Court deems appropriate. McGraw, Hait & Deitchman Attorneys for Plaintiff By Fred H. Hait, ID # 34331 4 Liberty Avenue Carlisle, PA 17013 (717) 249.4500 249.2411 (fax) AFFIDAVIT I verify that the facts set forth in the foregoing Complaint are true and correct, to the best of my knowledge, information, and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. Jue. Anthony C1 ' I . I 1 I 1 1G. 1 rl '.1 Q " W o0 m ? UC/ ]?OQOO y 1- J 1? r m % . i ~"? U w 99BB-00087 LAW OFFICES OF JACOBS & SABA W. Darren Powell, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attornevs for Defendant Natinnwido k SUE A. ANTHONY, PLAINTIFF VS. NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT Ins. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3300 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant Nationwide Mutual Insurance Company. Dated: June 30. 1999 Respectfully submitted, LAW OFFICES OF 3ACOBS & SABA W. n Powell, Esqu 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Defendant Telephone Number (717) 731-0988 Identification No. 68953 99HB-00087 LAW OFFICES OF JACOBS & SABA W. Darren Powell, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Nationwide Mut. SUE A. ANTHONY, PLAINTIFF VS. NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3300 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE W. Darren Powell, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of Entry of Appearance to be served by regular first class mail upon: Fred H. Hait, Esquire McGraw, Hait & Deitchman 4 Liberty Avenue Carlisle, PA 17013 Dated: June 30. 1999 \\ / W. Darren Powell, Esquire Attorney for Defendant SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-03300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANTHONY SUE A VS. NATIONWIDE MUTUAL INSURANCE CO R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: NATIONWIDE MUTUAL INSURANCE COMPANY but was unable to locate Them in h is bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On June 21st, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.005 r Surcharge 8.00 R7' Thomaline5hertfr- ,DEP. DAUPHIN CO. 29.25 $64.25 MCG r 06/21/V?19 9IT & DEITCHMAN Sworn and subscribed to before me this d 1s- day of tu 19-,?? A.D. 7? r Mire of e S4ert ff Many Jane Snyder Real Estate Ih:?- William T. Tully Solicitor Dauphin County Harrisburg, Pcnnsylyania 17101 ph: (717) 255.2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Ikpun Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania ANTHONY SUE A County of Dauphin vs NATIONWIDE INSURANCE COMPANY Sheriff's Return No. 1132-T - - -1999 OTHER COUNTY NO. 99-3300 AND NOW: June 10, 1999 at 11:16AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon NATIONWIDE INSURANCE COMPANY to AMY PATTON by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 1000 NATIONWIDE DRIVE HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 14TH day of JUNE, 1999 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By ?? I Deputy Sheriff Sheriff's Costs: $29.25 PD 06/09/1999 RCPT NO 124744 JR In E he'Lourt of Common Fleas of Cumberland C,'ounl?y, Pennsylvania Sue A. Anthony vs. Nationwide Mutual Insurance Company No.-99-330Q Civil 19 IVow, _ 6 / 3 / 99 19_, I SSERI?F OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, Pa. Affidavit of Service 19 ,at by handing to attested copy of the original the contents thereof. Sworn and subscribed before me this day of 19 o'clock M, served the So answers, Sheriff of COSTS SERVICE S MILEAGE AFFIDAVIT County, Pa. __-a true and and made known to S 99BB-00087 LAW OFFICES OF MCGRAW, HAIT & DEITCHMAN Fred H. Hait, Esquire 4 Liberty Avenue j Carlisle, PA 17013 SUE A. ANTHONY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i VS. NO. 99-3300 CIVIL TERM NATIONWIDE MUTUAL INSURANCE I COMPANY, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned case settled, satisfied and discontinued. LAW OFFICES OF MCGRAW, HATE & DffiTCHMAN Dated• ?-3 / ?- Fred H. Halt, Esquire 4 Liberty Avenue Carfisle, PA 17013 Attorney fot,Plaintiff Court No. ? ' cf G' 7-1 ?c o ? i:J u?