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HomeMy WebLinkAbout04-0168DAVID K. KNOWLTON Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CiVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED 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 a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: January 13, 2004 DAVD K. KNOWLTON Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 St-' log Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff is an adult individual residing at 110 East Yellow Breeches Road, Carlisle, Pennsylvania 17013. 2. The Defendant is an insurance company licensed to do business in the State of Pennsylvania with an address of 1000 Nationwide Drive, Harrisburg, Pennsylvania 17110. 3. On or about February 5, 2001, the Plaintiff, David K. Knowlton, was involved in an automobile accident where he sustained serious personal injuries. 4. At the time of that accident, the Plaintiff was covered by a policy of insurance issued by the Defendant Nationwide, Policy No. 58 37 B 591915. 5. That policy provided in pertinent part, for income loss benefits with a $75,000.00 total and a $3,000.00 monthly maximum. 6. As a result of the injuries he sustained in the accident, Plaintiff was off work and disabled according to his physicians for a period ofsix months. Plaintiffdid not remm to work nntil August 6, 2001. 7. At the time of the accident, Plaintiff was employed by the Commonwealth of Pennsylvania, Bureau of State Lotteries. 8. Plaintiff's employer has indicated that he sustained lost wages of $33,053.38 including lost sick and injury time. (See letters from Sabrina Theiss, Personnel Payroll Coordinator for the Pennsylvania Bureau of Lotteries, dated August 16, 2001 and December 3, 2001.) The Plaintiffwas reimbursed by workers' compensation benefits in the amount of $15,753.17. 9. Plaintiff's gross wage loss claim against Nationwide was therefore, $17,300.21 for the six months he was off work. ($33,053.38 minus $15,753.17 equals $17,300.21). Nationwide paid the Plaintiff wage loss benefits of $4,431.76 based on certain calculations theymade which they claimed were the maximum owed to the Plaintiff. Plaintiff, therefore, makes a claim for wage loss benefits against Nationwide, to which he was entitled under his heretofore mentioned policy, in the amount of $12,868.45. THEREFORE, Plaintiff demands judgment against the Defendant in the amount of $12,868.45 plus interest, costs, attorneys' fees and delay damages. COUNT I Bad Faith 10. The averments of Paragraphs 1 - 9 are herebyincorporated byreference. Upon notice of the aforementioned automobile accident, Nationwide, through its authorized agents, representatives and/or employees, undertook the handling, processing and payment of Plaintiff s benefits under the policy. 11. At all times material hereto and by reason of the policy, Nationwide had fiduciary, contractual and statutory duties toward the Plaintiff and was charged with the duty of good faith and fair dealing with respect to Defendant's determination o fentitlement and payment of Plaintiff s wage loss benefits under the policy. 12. On or about February 7, 1990, the Governor of Pennsylvania signed into law 42 P.S. § 8371, effective July 1, 1990, titled, Actions on Insurance Policies, which provides a private cause of action for bad faith against insurance companies as follows: "In an action arising under an insurance policy, if the Court finds that the insurer has acted in bad faith toward the insured, the Court may take all of the following actions: 1. Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3%. 2. Award punitive damages against the insurer; 3. Assess court costs and attorneys' fees against the insurer." 42 P.S. § 8371. 13. Defendant, through its agents, representatives and/or employees, has violated its fiduciary, contractual and/or statutory duties by acting in bad faith toward the Plaintiff in specific violation of 42 P.S. § 8371 by failing to pay Plaintiff's entire wage loss benefits which were due based on information supplied by his employer. WHEREFORE, Plaintiff demands compensatory, consequential and punitive damages from Nationwide in an amount in excess of a compulsory arbitration limits of Cumberland County, together with costs, interests and attorneys' fees. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 13, 2004 Attorneys for Plaintiff Department of Revenue PENNSYLVANIA LOTTERY 2850 Turnpike Industrial Drive Middletown. PA 17057-$491 August 16, 2001 Penn National Insurance Company ATTN: David Jones Dear Mr. Jones: This is to verify the salary Mr. David Knowlton would have earned between February 6 and August 5, 2001 was $27,465.22. He would also have been credited with 20 days of Annual and Sick Leave with a value of $3,844.40. If you have any questions, I can be reached at 717-986-4738. Thank you. Sincerely, Sabrina Theiss Personnel/Payroll Coordinator PA Lottery PH©f'IF_ 717-986-4699 www palottery corn FAY 717.O¢C I)epartment nl Revemm PENNSYLVANIA LOTFERY 28S0 Turnpike Industrial [)rive Middletown. pA. 17057-5,19 t Proceeds Benetil Older Pennsylvanians Decenqber 3, 2001 To Whom It May Concern: This is to verify David K. Knowlton has used 71 hours (9 V2 days) of his sick injury time, which has been documented by his doctor. The value of this time is 71 x $24.56 which equals $1,743.76. Sabrina Theiss Lo~ery Personnel VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties.~ David K. Knowlton CERTIFICATE OF SERVICE I, Marti Iben, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Nationwide Mutual Insurance Company 1000 Nationwide Drive Harrisburg, PA 17110 MARTSON~/DEARDORFF WILLIAMS & OTTO BYM~art~/~en[~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 13, 2004 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00168 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KNOWLTON DAVID K VS NATIONWIDE MUTUAL INSURANCE CO R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: NATIONWIDE MUTUAL INSURANCE COMPANY but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On January 23rd , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 29.25 .00 66.25 01/23/2004 MDW&O Sworn and subscribed to before me this ~7~ day o~ ~ A.D. Prothonotary __ , this office was in receipt of the R. 1~liomas Kl%ne Sheriff of Cumberland County [~ The Court of Common Pleas of Cumberland County, Pennsylvania David K. Knowlton VS. Nationwide Mutual Insurance Company SERVE: sane No. 04-168 civil NOW, January 15, 2004 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service within ,20__, at o'clock __ M. served the upon by handing to a and made known to copy of the origh~al So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief l~puty Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AlffD NOW:January 21, 2004 at COMPLAINT NATIONWIDE MUTUAL INSURANCE COMPANY to STEPHA/gIE HOKE (RECEPT) of the original : KNOWLTON DAVID K us : NATIONWIDE MUTUAL INSURA/~CE COMPA/~Y Sheriff's Return No. 0171-T - -2004 OTHER COUNTY NO. 04 168 9:30AMserved the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at 1000 NATIONWIDE DRIVE HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 21ST day of JANUARY, 2004 PROTHONOTARY So Answers, Sheriff of Dau~in County, Pa. By ~riff Sheriff's Costs: $29.25 PD 01/20/2004 RCPT NO 186911 GM DAVID K. KNOWLTON, Plaintiff V, NATIONWIDE COMPANY, MUTUAL INSURANCE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-168-CIV CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED PRAEClPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of W. Darren Powell, Esquire, and the law firm of Thomas, Thomas & Hafer, LLP, as counsel for Defendant Nationwide Mutual Insurance Company, in the above matter. DATED: February 5, 2004 THOMAS, THO_~MAS & HAF~ W. Darren Po~ell, Esqu~-Tt~----~-~ i.D. No. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant (717) 237-7154 CERTIFICATE OF SERVICE I, Kim Lehman, a secretary employed by Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing Entry of Appearance was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: George B. Failer, Jr., Esquire Ten East High Street Carlisle, PA 17013 DATED: February 5, 2004 IIRY-20-200~ 13:~5 TT&H ?~? 2~? ?~05 P.O~ Harrisburg, PA 17108 W. Dmmn Powefl, F.~lUlre dlxnve~]~l~v, com Attorney I.D. e8~3 717-237-7154 Altomeys ~or DAVID K. KNOWLTON, Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-168-CLV CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR DI$CONTINUANC; To the Prothonotary; Please maTk the above case seffied and diiscontinued. MARTSON, DEARDORFF, WILLIAMS & OTTO ~--, .~ - Carlisle, PA 17013 717/243-3341 ?].'7 2]~'7 ?].0~ P.09 ,K~y-28,-2004 13: 46 TT&H ~CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: George B. Failer, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 THOMAS, THOM¢ ~ 305 North Front ~treet P.O. Box g99 Harrisburg, PA 17101 (717} 237-7154 TOTRL P.O~