Loading...
HomeMy WebLinkAbout04-1112 DOUGLAS LAW OFFICE 27 W.HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court J.D.# 37926 Plaintiff In the Court of Common Pleas.of.... Cumberland County Pennsylvania "sharon Wolf vs No. 04- )) J ~ Civil Term American General Assurance Company as a Member of American International Group, Inc. Defendants Civil Action Law ....._....J1:I!Y..!1j.~ 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 ACI'ION WITHIN TWENTY 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 MAYBE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TIDS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IDRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 Bar Association 32 S. Bedford Street Carlisle PA 17013 717.249-3166 ByGj' (? \.\1\ DATE: March 15, 2004 Complaint 1. The plaintiff, Sharon Wolf, is an adult individual residing at 725 East Franklin Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendants, American General Assurance Company as a Member of American International Group, Inc., are business entities doing business in the Commonwealth of Pennsylvania, with a place of business located at 1000 Woodfield Road, Schaumburg, lllinois, 60173-4793. Said defendant is hereinafter referred to as American General. 3. On July 18, 2002, the plaintiff and, Richard Wolf, her husband, applied for credit life insurance with American General and were approved. A certificate of insurance was issued on July 18, 2002 bearing certificate number 0107063992. Copies are attached hereto and made a part hereof. 4. There was a policy of life insurance in effect on August 14,2002, between the plaintiffs and American General which provided for the payment of the balance of their loan in the event of the death of either Richard Wolf and I or Sharon Wolf, his wife. 5. On August 14, 2002, Richard Wolf had burning in his stomach and was seen by his family physician and referred to Dr. Shaun Bryant. Dr. Bryant ordered x-rays, that were timely performed. 6. On September 6, 2002, carcinoma of the stomach was diagnosed, and chemotherapy and radiation were performed. The plaintiff and her husband were told to wait six weeks to await the outcome of the treatment. 7. On November 25, 2002, additional studies were ordered by Dr. Bryant and he performed surgery in December 2002. Following said surgery additional test were performed and Dr. Bryant confirmed to Dr. Cantor, at Hershey Medical Center, that there was a liver malignancy. Dr. Conter attempted surgery in February 2003 but could provide no effective treatment, and Richard Wolf ultimately died on July 23, 2003. 8. In August of 2003, Waypoint Bank, on behalf of Sharon Wolf made a claim under the credit life insurance policy for the payment of the policy proceeds. American General refused to honor the promise they made in the policy. A copy of the denial letter is attached hereto and made a part hereof. 9. American General has frivolously, and with no proper foundation for their actions, fraudulently, knowingly and intentionally misrepresented and refused to pay proceeds under their policy of insurance and failed to provide benefits in accordance with the terms of the policy. 10. The bad faith conduct of American General gives rise to a cause of action pursuant to 42 Pa. C.S.A. 98371. 11. The defendant failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance, by reason of the aforesaid incident. 12. The defendant did not act in good faith to effectuate prompt, fair and equitable resolution of claims, knowing that liability to pay medical bills is clear and coverage applies, and as a result, the plaintiff has been forced to incur expense to protect her interests. 13. The defendant failed to promptly provide a factually sound explanation for the basis of denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 14. The defendant has willfully, maliciously and/or recklessly withheld benefits from the plaintiff, due to its failure to investigate the claim thoroughly. Said conduct constitutes a breach of an implied covenant. 15. The defendant, in bad faith, has denied payment on behalf of its insured without a sound legal basis for its denial and in not fully inquiring into the possible basis which might support the insured's claim of coverage. 16. American General has deliberately acted in conscious disregard and with reckless indifference to the rights of their insured. 17. The defendant impliedly and/ or expressly warranted that it would, in good faith, provide insurance coverage to Sharon and Richard Wolf in accordance with the contract and abide by the terms of said contract. 18. As a result of the aforesaid, the defendant breached its contract and/or warranty, which breach resulted in loss to the plaintiff, and has caused her great aggravation, inconvenience and emotional distress. 19. The plaintiff hereby requests all remedial relief as provided in 42 Pa. C.S.A 98371 and payment in full of all available insurance benefits due under the contract. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendtmt in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. March 8, 2004 Respectfully submitted, ~~.~ (y William P. Dougl~. Attorney for Pi':tiMlf AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/ or information and belief. TIlis is made subject to the penalties of 18 Pa.C.S.A. 9 4904 relating to unsworn falsification to authorities. ~'-tJ~ _ Sharon Wolf v '! March 8, 2004 AMEmCAN IVENERAL , ASSURANCE COMPANY (Called We) 1000 Woodfield Road Schaumburg, Illinois 60173-4793 Name and Address of: Insured Debtor # I (called you): RICHARD J WOLF 725 FRANKLIN ST, CARLISLE, PA 17013 Insured Debtor # 2 (also called you): SHARON L WOLF 725 FRANKLIN ST, CARLISLE, PA 17013 Date of Birth : 1Ll 08 I!L- Age:~. 08 1.2...4, 52 Age:~. CERTIFICATE NUMBER Includes Alphabetic Prefix 0107063992 Creditor Beneficiary:WAYPOINT BANK 449 EISENHOWER BLVD, HARRISBURG, Second Beneficiary (Debtor # I): ESTATE Effective Date: 07/18/2002 Credit Insurance Applied For: Creditor's Ace\. No. 350257 PA 17111 Second Beneficiary (Debtor # 2): ESTATE Credit Line Amount: $25,000.00 Monthly Premium Per $1000 oflnsured Debt o Single Life Debtor # I o Single Life Debtor # 2 rg: Joint Life Maximum Amount of Life Insurance $50,000.00 $ $ $ 1. 233 . Maximum Issue Age 65 Inclusive APPLICATION FOR GROUP INSURANCE am applying for the credit insurance marked above not to exceed the Maximum Amount shown above. I authorize the Creditor to add the harges for insurance to my loan each month as they become due. mTE: One Debtor may apply for Single Life and two Debtors may apply for Joint Life. :heck Coverage Desired - 0 Single Life Debtor # I 0 Single Life Debtor # 2 @(Joint Life represent that the infonnation and answers given on this application are true and complete to the best of my knowledge and belief. They will e used to issue the requested ins\lrance. I understand that untruthful answers may result in denial of claims. nsured Debtor # I Insured Debtor # 2 10/08/1947 I. What is your date ofbirth? 08/14/1952 Yes o Pk 2. During the past 3 years have you been treated for, or been told by a licen- sed physician that you had any of the following conditions? Heart Dis- ease; Cancer or Tumor; Diabetes; Stroke; Disease of the Liver or Kidney; Alcoholism; Drug Addiction; any Brain, Nervous System or MentallNeu- rological Disorder; Acquired Immune Deficiency Syndrome (AIDS), ARC (AIDS Related CompIe,,), or any disorder of the immune system. Yes o ~ IOderstand; (J) the insurance applied for is not compulsory, nor a condition precedent to any loan or credit transaction; (2) I am insured only r advances actually received by me and not insured for any unused credit which may be available to me; (3) if! do not meet lhe age limitation lted in the schedule or have answered "yes" to question 2, no coverage will be provided; and (4) this coverage will tenninate at the end of the ling cycle during which I reach my 66th birthday. I hereby state that I have been given the option to purchase such credit insurance from any urer or agent of my choice. I freely chose the insurer and agent to whom this application is made. I declare that I have read this statement 'ore appending my signature hereto. Not Sign This Application If It Contains Any Blank Spaces Applicable To The Debtor Applying For The Coverage And To e Coverage Being Applied For. This application will not be used in a contest if the Debtor(s) has not answered the questions applicable he coverage being applied for and/or ifthe Debtor(s) has not signed and dated the applic~tio d/or i ~a Pli~ction has t been witnessed. e ~7 18/2002 Signature ofInsured Debtor # I M /?c/;, 'ess '-lit7-'\.. h,)IfJneJ,/7 Signature ofInsured Debtor # 2 ... .00t11t ,~ n ac eptance by the Yn:~rer, the ~urance shall become effective as of the effective date shown above. ICE,ANY PERSON WHO KNOWINGLY AND WITH INTENTTODEFRAVDANYINSURANCECOMPANYOROTHER PERSON FILES AN APPLICATION INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF .EADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH ISACRIME AND Ecrs SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. :38(R6/98) Distribution: Company COpy, Creditor's COpy, Insured's Copy (693X38(R6/98)J NP75 11/01 AMEWCAN . 'I(jENERAL . ASSURANCE COMPANY (Called We) 1000 Woodfield Road Schaumburg, Illinois 60173-4793 Name and Address of: Insured Debtor # I (called you): RICHARD J WOLF 725 FRANKLIN ST, CARLISLE, PA 17013 Insured Debtor # 2 (also called_you): SHARON L WUU' 725 FRANKLIN ST, CARLISLE, PA 17013 Date of Birth: 10 108 147 Age:~. 08 /14 / 52 Age:~. CERTIFICATE NUMBER Includes Alphabetic Prefix 0107063992 Creditor Beneficiary: WAYPOINT BANK 449 EISENHOWER BLVD, HARRISBURG, SecondlleneficiarvlDebtor# I): ESTATE Effective Date: 07/18/2002 Credit InOllnmce Applied For: Creditor'sAcet. No. 350257 PA 17111 Secondlleneficiarv IDebtor# 2): ESTATE Credit Line Amount: $25,000.00 Monthly Premium Per $1000 oflnOllred Debt o Single Life Debtor # I o Single Life Debtor # 2 ~ Joint Life Maximum Amount of Life Insurance $50,000.00 $ $ $ 1. 233 . Maximum Issue Age 65 lnc1usive NOTICE: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIMI! AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. DEATH CLAIM STATEMENT -INSTRUCTJOHS: Creditor Policyholder should complete the statement below and return with the following documents: 1. Certified copy of the Death Certilicate showing cause of death; 2. Copy of the conditional sales contract or note covered by the insurance; 3. Copy of the Polley or Certlticate Issued to the dec~sed. This completed form, together with the documents specified above, should be sent to: American General Assurance Company Credit Insurance Division, P.O. Box 1594, Neptune, NJ On54-9970 1. Name of Insured 2. Certificate No. (or individual Policy No.) 3.......... . Original Amountlnsured. ......... $ 4. . . . . . . . . . . Less Amount Paid. . . . . . . . . . . . . . . $ 5. . . . . . . . . . . Less Unearned Interest. . . . . . . . . . . $ 6. . . . . . . . . . . Less Unearned A & H Premium.. . . . $ (Life Premium Earned) 7. . . . .. .. . .. Balance Due. . . .. . .. .. . . .. .. ... $ B. , . . . . . . . . . Number of Monthly Payments In Default at Death 9. . . , . . . . . . . Creditor Policyholder's Name 'Insurance Account No.' Slreet Address City State I hereby certify that the above answers are complete and true, and the balance due Is the amount shown on line 7. Date: By; TiUe: 5-90Q3(PA) Date of Loan for Term of Mos. To comply with certain State Laws, our payoff to a eredilor may be for the net amount due (Gross amount less unearned interest and/or advance payments). Pleasa advise us of this amount. Any remaining balance is payable to the second beneficiary If named. otherwise to the Debtor's Estate. Zip Code USE FOR DEATH CLAIM FILING CREDITOR'S MEMORANDUM [693X38(R6I98)) CSA WP7B 11101 AMEmCAN Il:iENERAL ,ASSURANCE COMPANY (Called We) 1000 Woodfield Road Schaumburg, Illinois 60173-4793 Name and Address of: Insured Debtor # I (called you): RICHARD J WOLF 725 FRANKLIN ST, CARLISLE, PA 17013 Insured Debtor # 2 (also called you): SHARON L WOLF 725 FRANKLIN ST, CARLISLE, PA 17013 Date of Birth: .!Q... /Qt./47 Age:~. ~/..l!t../. 52 Age:~. CERTIFICATE NUMBER Includes Alphabetic P,efix 0107063992 Creditor Beneficiary: WAYPOINT BANK 449 EISENHOWER BLVD, HARRISBURG, Second Beneficiary (Debtor # I): ESTATE Effective Date: Creditor's Ace!. No. 350257 PA 17111 Second Beneficiary (Debtor # 2): ESTATE Credit Line Amount: $25,000.00 Monthly Premium Per $1000 of/nsured Debt 07/18/2002 Credit Insurance Applied For: o Single Life Debtor # I o Single Life Debtor # 2 :g Joint Life Maximum Amount of Life Insurance $50,000.00 $ S S 1. 233 . Maximum Issue Age 65 Inclusive NOTICE: This Certificate contains a pre-existing condition exclusion. You wJ1l not receive a death benefit with respect to any loan advance(s) taken within 6 months prior to your death if your death results from a condition for which medical advice, consultation or treatment was received within 6 months prior to the effective date of your Certificate and each loan advance. This exclusion from benefits of a pre-existlng Dlness, disease or physical condition only applies when the total amount of insurance provided to you exceeds $1,000.00. Refer to this Certificate for further details. NOnCE: This coverage.wllI terminate at the end of the billing cycle during which you reach your 66" birthday. WHAT YOU GET We certify that while we are paid the premiums for the Group Policy by the Creditor as they become due each month you are insured for the coverage marked in the Schedule, subject to the terms of the Group Policy issued to the Creditor. WHO GETS PAlD - Claim payments are made to the Creditor named in the Schedule to payoff or reduce your debt. If claim payments are more than the balance of your debt, the difference will be paid to the Second Beneficiary named in the Schedule, if any, or to your estate. If the Joint Debtor dies, any excess shall be paid to the Second Beneficiary named, if any, or to the Insured Debtor's estate. If the joint insureds die at the same time, any excess shall be paid equally to the Second Beneficiaries named, if any, or to their estates. WHAT WE WlLL PAY Single Life Insurance Benefit: If you die while you are insured for single life coverage we will pay a benefit as stated in "Amount of Insurance" after we receive proof of your death. Joint Life Insurance Benefit: If you or your joint debtor die while insured for joint life coverage we will pay a benefit as stated in "Amount ofInsurance" after we receive proof of the death. Only one death benefit is payable under the policy. Amount ofInsurance: The benefit we will pay is the outstanding balance on your loan on the date of your death up to the Maximum Amount of LifeInsurance shown in the Schedule, except that. if death occurs: (1) (a) within 6 months after the effective date of your Certificate and is the result of a pre-existing illness, disease or physical condition for which you received medical advice, consultation or treatment within 6 months prior to the effective date ofthe Certificate, or (b) within 6 months after any loan advance and is the result of a pre-existing illness, disease or physical condition for which you received medical advice, consultation or treatment within 6 months prior to that loan advance; and (2) the outstanding balance of your loan on the date of death is more than the outstanding balance on your loan on the date immediately before the date of such medical advice, consultation or treatment, then the amount we will pay shall be the greater of either: (a) the outstanding balance ofyourloan on the date of death less the total of any advances made from the date of medical advice, consultation or treatment through the date of death; Or (b) an amount equal to the outstanding balance of your loan immediately before such medical advice, consultation or treatment. This exclusion ITom benefits of a pre-existing illness, disease or physical condition only applies when the total amount of insurance provided to an Insured Debtor exceeds $1,000.00. In the event coverage in excess of the Maximum Amount ofInsurance is issued in error, we have the right to adjust the coverage atthe end of any billing cycle and refund any excess premium charge to the Debtor, provided no claim was incurred prior to the date of adjustment. Right to Examine: You are permitted to return this form within IS days of its receipt and have the premium refunded if you are not satisfied with It for any reason. 693X38(R6/98) Group Life Insurance - Monthly Premium- Single or Joint Credit Life Certificate INSURED'S CERTIFICATE CSA WP76 10/01 WHAt WE WON'T PAY Age Lil"iI and Misstatement of Age: This Certificate does not provide coverage to anyone over age 65. If you are over age 65 when you apply and have correctly stated your age in writing on the application for insurance, we have the right to terminate your coverage at the end of any billing cycle, provided no claim has been incurred. If you are over age 65 when you applied and have fraudulently misstated your age in writing on the application for insurance, we have the right to challenge the misstatement during the contestable period. To challenge the misstatement, information regarding age must be contained in a wrillen instrument signed by you and a copy of such instrument must be given to you. If such misstatement is discovered after the contestable period has expired, we have the right to terminate the insurance immediately at the end of the billing cycle, provided no claim has been incurred. In the event your insurance is terminated because you were over age 65 when you applied, we will refund or credit to you all premiums paid for this insurance. Any termination of insurance under this paragraph shall be at the end of the billing cycle. This also applies to the Joint Debtor, if any, however, the eligible joint insured's coverage shall continue and an appropriate refund of the portion of the premiums applicable to the ineligible debtor shall be made. Suicide: We won't pay a claim if you commit suicide within one year after the effective date of this Certificate, but we will refund all premiums paid. If joint coverage, coverage shall continue on the survivor. We will refund the appropriate portion of premiums paid. VVHEN INSURANCE STOPS This insurance automatically stops: (I) on the last day of the month in which we receive your wrillen request to stop the insurance; or if earlier, (2) on the last day of the month in which you withdraw your authorization for the addition of charges for the insurance to your loan; or (3) at the end of the billing cycle during which you reach your 66~ birthday, provided no claim was incurred prior to the date of termination (which is the end of the billing cycle that you altain age 66); or (4) on the last day of the month during which you are 2 months delinquent in payment of a monthly premium for this insurance; or (5) on the last day of the month in which you receive ourwrillen notice of cancellation. If coverage on one debtor ceases because of suicide, contestability, or ineligibility, the joint life certificate shall be replaced by a single life certificate. If the joint life coverage is terminated with respect to one of the joint insureds as provided herein, the refund shall equal the difference between the premium actually charged for the joint life coverage and the premium that would have been charged if only single life coverage had been provided at the time the certificate was issued. If through a clerical error the Creditor remits premium to us after your certificate has expired and you then die, our liability would be limited 10 the return of the premiums paid. VVHAT THE CONTRACT.IS AND HOW YOUR STATEMENTS AFFECT IT Entire Contract: The Group Policy, the Master Application, and the Application of Debtor, if any, are the complete contract of insurance. Incontestability: The insurance shall be incontestible after two years from its date of issue, except for nonpayment of premiums, based upon statements contained in a wrillen application a copy of which will be furnished to you. In the event that coverage is contested with respect to one of the joint insureds, the eligible debtor's coverage shall continue and an appropriate refund of the portion of premiums paid shall be made. RULES FOR FlUNG A LIFE CLAIM We must be given a certified copy of the death certificate as proof of a life claim. CONFORMITY WITH STATE STATUES Any part of the Group Policy which, on the Effective Date of the Group Policy, conflicts with the statutes of the state where the Group Policy was delivered is changed to conform to the minimum standards of those statutes. .)/;p, - , .h<.. .e-;:..",,- President 693X38(R6/98)p.2 CSA WP77 10/0 I UBI AMERICAN GENERAL FAX FAX TRANSMITTAL SHEET Please deliver immediately upon receipt. Thank you. Date: .:< - / J-- -0 'I No. of Pages: JZ (including cover sheei) To: /1/..S SJtA-A-<>u WoLr From: t E. '/Z-/t..--- Phone No: Email address: Fax No: ?/7-..2tJ'j~.2,).).7 Return Phone No: Re: t> [.;J/ I1L Lc.. '/TM...- Return Fax No: cc: c;. L +"/1-7 .,l.OrJ J n P,? o Urgent Comments: o For Review o Please Comment o Please Reply If you do not receive the entire transmission, please contact the sender above. CONFIDENTIALITY NOnCE: This Dlessage is for th. sole D.. of the intended recipients and may contain confidential jpformatioD4 Uyou ha'Ve reecived this communication in error, please immediately Rotify the sender. Iryou have received this in error, please do Dot review, distribpte or copy. " American General ute Companies Group Benefits and Financial Institutions 61H Distributing: products issued by: Ale Ufl! Insurance Company'. All Arocri<<;;an ure In."c;l1rance COPlpany'. American General Assunnce CQmplloy.. American Ceneral [ndemnity Comp8.p~. Americ-...n Gellcrfll ute (nsun.nee Company.. Amerlclln General life Insuu.ncc Comp8.ny or Pennsylvanla.-. American General Ufo lDSurancc Company of NRW York. American IDternaLloue.1 ute Assucan.ce Company or New York, De.1aware American Ufe [n:iuranr.& Company., North Central Ufc Insurance Compi\uy-. The United Sta.teiO: Life Iusur8.nce Comp8.ny in the City or N~w York Members qf American lnlernatinnal Croup. Inc. 3600 Rattle 66.. NeptunG, NJ 07753 . 732.9ZZ.1000. WWW.iljpLC.com eo" IZ6 ztL "- .,_...vi';m3D NV:mi'lV-wOJ' "1/:60 ' ~o-e HI, ZOO/lOad iEO-l .m AMERICAN GENERAL February 2, 2004 The :Estate of Richard Wolf 725 Franklin S~ Carlisle, PA 17013-1866 CC: Waypoint Bank 449 Eisenhower Blvd Harrisburg, P A \7111 Re: Richard Wolf Claim #: 200 15387 Dear Sir or Madam: We have compleled our review of the above referenced claim for Credit Life Inst1r1lllCe benefItS. We regre! to inform you that the claim fur benefits bas been denied. Tho insured, Richard Wolf completed an application dated July 18, 20Q2 requesting coverage for Credit Life Insurance benefilS. The application con1ained questions concerning her heallh history, and in reliance upon tbe information pmvided, we agreed to issue the insurnoce effective July 18,.2002. The policy contains a 2-year contestable provision, which provides that if an insured expires within that period, tbe Company bas tbc right to investigate the stlllemenls made on the Application for Insurance 10 dctermme if any misrepresentations were made. Our investigalion has developed that faclS canceroing past medical history were nol disclosed at lbe time of we Application for Insnlmlee. Our infomation was obtained from the medical records of Belvedere Medical Corporation, Roben L Canler MD. Our uoderwrilels have reviewed the infonnatJon we obtained and, if we had koOWT1 the !acts coverage would nol have been issued. In view of the foregoing, we have elected 10 rescind this coverage. The Bank will receive a credit on their next billing slalement for the premiums charged. You or YOUT authorized representatives are entitled to appeal this detenninalion and we have altached lIIl enclosure explaining this procedUre. The Company reserves any and all defenses Ihat it has or may have with respect to any claim made under this certificate Sincerely, Daniel Gibson Investigator/Sr. Examwer Credit LifelDisability American General life Companies Dhlribuung produat5 issued by: AlG Ufe 1I1sunnec (;I)ZUPIWy". All A.o1:criean ill" Insurance Company.. American General Assurance Com.pany., American GCDerallndeIllDity ComP1l.DY", Ameriean (A,1W'aJ. J.ifc Insdl'ance Compi1Dr-. Amar'ica.n Genera.l Ufe tnSUIR1tCC Company or Pennsylv&nia*, Al'IleriGkJ'l Ge.nAral Lire Jnsul'anOG Comp.'\D:y or New York. A1tIAriCao latetlHUion~' ute A<;suranc:c Cumpa..ay oC New York. Delaware Aincrkao.1.iCa Insurance Company., North Ccriuu.1 Lite lasunncc Coropany*. Thl:' United Stat6S Lite Insurance Company in tAA City III New York Members of A.merlctlll lnlwmari<mal C,f>UP, 'nc. 3600 Route 66 . r.o. J:lu.'C 15AO . NAplUDt'. NJ 071S4.1fH~O . 1:t2.922.7000 . www.a.~ac.com -l"his Compa.ny does no' soJicili bwinclis In New' York. 001Ull01-1171) QlZN~ .. '''' ~.... ,......., ...... I ......... .,.,,, "I'I "h'\J~II':l1'l "V....I\l~v_lItnr.J IUI'I"l:n bn_o I_OD.I - -, ~ \? "-" ~ \.._; :--) ("-. t....::_l -, ----- Jf ::~~ ~(' --::: c:. ; ,,-..') "" ; q ~- 1" (...- ) ~ "," ~ .; t ~J '" "'\ (J .. , '-'1 V' ("., C' C:. WILLIAM P. DOUGLAS, ESQUIRE ATTORNEY LD. # 37926 DOUGLAS, LAW OFFICE 27 West High St. P.O. Box 261 Carlisle, Pa. 17013 Telephone: 717-243-1790 Attorney for Plaintiff SHARON WOLF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. V. : CNIL ACTION LAW AMERICAN GENERAL ASSURANCE : NO. 2004-1112 Civil Term COMPANY AS A MEMBER OF AMERICAN INTERNATIONAL GROUP, INC. Praeci~ Attached for filing is proof of service on the defendant in accordance with service on an out of state defendant under 42 P A C.S.A. 5323. ~1k William P. Douglas, Esquire. Attorney for Plaintiff March 23, 2004 DOUGLAS LAW OFFICE 27 W. HIGH STREET P. O. BOX 261 WII.LIAM P. DOUGLAS, ESQ. CARLISLE, PENNSYLVANIA 17013-0261 (717) 243-1790 FAX (717) 243-8955 ALSO ADMITTED TO PRACTICE IN I"LOAIDA CEPlTlI"IED AS A CIVIl.. TRIAL. ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCAcY www.dougleslawoffice.com info tp dougleslowoffice.com March 16, 2004 American General Assurance Company As a Member of American International Group, Inc. 1000 Woodfield Road Schaumburg, ILL 60173-4793 Re: No. 04-1112 Civil, Cumberland County, PA Sharon Wolf v. American General Assurance Company Gentlemen: Here is a certified copy of the Complaint in a civil action, which is valid service on an out-of-state defendant under 42 Pa. C.S.A. 5323. Very truly yours, WPD:a Enclosure CERTIFIED, RETURN RECEIPT REOUESTED, DELNER TO ADDRESSEE ONLY U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only, No Insurance Coverage Provided) ~ ~ n.J '"'" Postmark H,", ~ Postage $ ~ J Certified Fee rn Return Receipt Fee CJ (Endorsement ReqUired) C] Restricted Delivery Fee C] (Endorsement Required) Total Postage & Fees $ Cl ~ '"'" '"'" '"'" Cl Cl l'- ---..------ ~~:; ~ ...., c::> (.~.) -""" c..... ~-2 () -n ::r':!J n'r.~ -0'" -00 S~ --;-!, ;'-)-"'} :':(n ~"'tr ?/~ N -1") ":':' Cl -J , j "':r} ~: } J DOUGLAS LAW OFFICE 27 W.HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS. ESQ. Supreme Court J.D.# 37926 r"._.__......_.~..................._._.........._..........._....M....__.M.H.H.h.H'H'M._.~""M".""."MH.H'__'MM,._""''''''..'''''''M......~..M..._.....M......_.~__.......~_..........H.H...._.~.H......._....H._._._....H................._._................H......_.....__M..........M.~ i Sharon Wolf, individually, and as ! In the Court of Common Pleas of I I Administratrix of the Estate of Richard! Cumberland County Pennsylvania l ! Wolf, deceased i ! I ! l ! i I , Plaintiffs ! i i I ; No. 04-1112 Civil Term ! ! ; I I .l l ! i i ! vs ! American General Assurance I Company as a Member of American i International Group, Inc. ; ; ; ; , Civil Action Law Jury Trial Demanded ; _._________p.t?_f.~~~~j-- ........._~....H.._......................~.H..........H.H.......h....... ; , I ; ; ; ; , ..........M...._._....H...._._.~..l 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 DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERS . NALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YO DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. Y ARE WARNED THAT IF YOU FAIL TO DO SO. THE CASE MAY PROCEED WIT OUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE CURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE CO PLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAI IFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTAN TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE l' E OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFF! E MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGEN IES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RED FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: September 15, 2004 Amended Complaint: 1. The plaintiff, Sharon Wolf, individually, and in her capacity as AdIninistratrix of the Estate of Richard Wolf, deCi~ased, resides at 725 East Franklin Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendants, American General Assurance Company as a Member of American International Group, Inc., are business ,entities doing business in the Commonwealth of Pennsylvania, with a place of business located at 1000 Woodfield Road, Schaumburg, illinois, 6017'3-4793. Said defendant is hereinafter referred to as American General. 3. On July 18,2002, Sharon Wolf and, Richard Wolf, her husband, applied for credit life insurance with American General and were approved. A certificate of insurance was issued on July 18, 2002, bearing certificate number 0107063992. Copies are attached hereto and made a part hereof. 4. There was a policy of life insurance in effect on August 14, 2002, between the plaintiffs and American General which provided for the payment of the balance of their loan in the event of the death of either Richard Wolf and/ or Sharon Wolf, his wife. 5. On August 14, 2002, Richard Wolf had burning in his stomach and was seen by his family physician and referred to Dr. Shaun Bryant. Dr. Bryant ordered x-rays, that were timely performed. 6. On September 6, 2002, carcinoma of the stomach was diagnosed, and chemotherapy and radiation were performed. The plaintiff and her husband were told to wait six weeks to await the outcome of the treatment. 7. On November 25, 2002, additional studies were ordered by Dr. Bryant and he performed surgery in December 2002. Following said surgery additional test were performed and Dr. Bryant confirmed to Dr. Cantor, at Hershey Medical Center, that there was a liver malignancy. Dr. Cantor attempted surgery in February 2003 but could provide no effective treatment, and Richard Wolf ultimately died on July 23, 2003. 8. In August of 2003, Waypoint Bank, on behalf of the plaintiffs made a claim under the credit life insurance policy for the payment of the policy proceeds. American General refused to honor the proInise they made in the policy. A copy of the denial letter is attached hereto and made a part hereof. 9. American General has frivolously, and with no proper foundation for their actions, fraudulently, knowingly and intentionally misrepresented and refused to pay proceeds under their policy of insurance and failed to provide benefits in accordance with the terms of the policy. 10. The bad faith conduct of American General gives rise to a cause of action pursuant to 42 Pa. C.S.A. !j8371. 11. The defendant failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance, by reason of the aforesaid incident. 12. The defendant did not act in good faith to effectuate prompt, fair and equitable resolution of claims, knowing that liability to pay medical bills is clear and coverage applies, and as a result, the plaintiff has been forced to incur expense to protect her interests. 13. The defendant failed to promptly provide a factually sound explanation for the basis of denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 14. The defendant has willfully, maliciously and/ or recklessly withheld benefits from the plaintiff, due to its failure to investigate the claim thoroughly. Said conduct constitutes a breach of an implied covenant. 15. The defendant, in bad faith, has denied payment on behalf of its insured without a sound legal basis for its denial and in not fully inquiring into the possible basis which might support the insured's claim of coverage. 16. American General has deliberately acted in conscious disregard and with reckless indifference to the rights of their insured. 17. The defendant impliedly and/ or expressly warranted that it would, in good faith, provide insurance coverage to Sharon and Richard Wolf in accordance with the contract and abide by the terms of said contract. 18. As a result of the aforesaid, the defendant breached its contract and/or warranty, which breach resulted in loss to the plaintiff, and has caused her great aggravation, inconvenience and emotional distress. 19. The plaintiff hereby requests all remedial relief as provided in 42 Pa. C.S.A. !j8371 and payment in full of all available insurance benefits due under the contract. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. September 15, 2004 Respectfully subInitt~ . ,\ /)~ 1\ \.~~~ William P. Douglas, Es . Attorney for Plaintif AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/ or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. 9 4904 relating to unsworn falsification to authorities. ~p)~ Sharon Wolf ~2004 6 ) , 0 .....' = C) C L~:) :':-" ~- ."11 ""'(1 1-:-' (/) ::;:! 1-'-. , ."1 ,1 nl ,,, -n ( :r.:: . t'-, n 1 .L:'. =< -" .-,j """' NOTICE TO PLEAD TO: Plaintiffs You arl~ hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ,,~~~ Attorneys for Defendant Peter Jason, Esquire Michael Zullo, Esquire DUANE MORRIS LLP By: Peter Jason Identification No. 55473 By: Michael Zullo Identification No. 91827 One Liberty Place Philadelphia, PA 19103-7396 (215) 979-1174/1178 Attorneys for Defendant American Gene:ral Assurance Company SHARON WOLF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. NO. 04-1112 CIVIL TERM AMERICAN GENERAL ASSURANCE COMPANY Respondent. FIRST AMENDED ANSWER TO AMENDED COMPLAINT AND NEW MATTER American General Assurance Company ("AGAC"), by and through its attorneys, Duane Morris LLP, hereby answers plaintiffs amended complaint as foJllows: 1. Admitted. PH2\820971.2 2. Admitted in part. Denied in part. It is admitted only that AGAC is a corporation with a place of business located at 1000 Woodfield Road, Schaumburg, Illinois 60173-4793, and that AGAC does business in the Commonwealth of Pennsylvania. It is denied that AGAC is a "Member" of American International Group, Inc. 3. Admitted in part. Denied in part. It is admitted only that on or about July 18, 2002, plaintiff and Richard Wolf signed an application for credit life insurance with AGAC and that a certificate of insurance no. 0107063992, with an effective date of July 18, 2002, was issued to them. It is denied that copies of the application or certificate of insurance were attached to the copy of the amended complaint that was sent to AGAC. 4. Denied as stated. It is admitted only that as of August 14,2002, the written certificate of insurance number 0107063992 had been issued to plaintiff and Richard Wolf, to which document AGAC refers for a statement of its terms and conditions. 5. After reasonable investigation, AGAC is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph; they are, therefore deemed to be denied. 6. After reasonable investigation, AGAC is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph; they are, therefore deemed to be denied. 7. After reasonable investigation, AGAC is without ~Jlowledge or information sufficient to form a belief as to the truth of the averments ofthis paragraph; they are, therefore deemed to be denied, except that AGAC admits that Richard Wolf died on or about July 23, 2003. PH2\820971.2 2 8. Admitted in part and denied in part. It is admitted that a claim was submitted to AGAC for death benefits. It is denied that a copy of AGAC's denial letter was attached to the copy of the amended complaint that was sent to AGAC. It is denied that AGAC refused to remit payment of death benefits. AGAC remitted payment of $27,054.90 to Waypoint Bank on June 16, 2004, representing payment in full of the loan balance as of the date of the death of the insured, plus interest thereon, and requested Waypoint Bank to re:imburse Mr. Wolfs estate any excess resulting from this payment. A copy of this correspondence is attached hereto as Exhibit "1". By check dated June 17,2004, Waypoint Bank reimbursed lhe decedent's estate the excess amount of$5,331.42, which check was accepted by the estate. A copy of both sides of this check, including the endorsement by the estate of Richard Wolf, is attached hereto as Exhibit "2" . 9. Denied. On June 16,2004, AGAC remitted payment to Waypoint Bank in the amount of$27,054.90, representing payment in full of the loan balance as of the date of the death of the insured, plus interest thereon. See Exhibit" 1 ". By check dated June 17, 2004, Waypoint Bank reimbursed the decedent's estate the excess amount of$5,331.42, which check was accepted by the estate. See Exhibit "2". 10. The averments ofthis paragraph constitute conclusions oflaw to which no responsive pleading is required; they are, therefore, deemed to be: denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). 11. Denied. AGAC promptly and diligently investigated plaintiff s claim. 12. Denied. At all times relevant hereto, AGAC acted in good faith and administered plaintiff's claim in good faith. PH2\82097\.2 3 13. Denied. AGAC explained the basis of its denial ofplaintiffs claim, specifically its understanding based upon letters from treating physicians, that the application contained material representations concerning Richard Wolfs health history. 14. Denied. AGAC remitted payment of$27,054.90 to Waypoint Bank on June 16, 2004, representing payment in full of the loan balance as of the date of the death of the insured, plus interest thereon, and requested Waypoint Bank to reimburse Mr. Wolfs estate any excess resulting from this payment. See Exhibit "1". By check dated June 17,2004, Waypoint Bank reimbursed the decedent's estate the excess amount of$5,331.42, which check was accepted by the estate. See Exhibit "2". 15. Denied. AGAC remitted payment of $27,054.90 to Waypoint Bank on June 16, 2004, representing payment in full ofthe loan balance as ofthe date of the death ofthe insured, plus interest thereon, and requested Waypoint Bank: to reimburse Mr. Wolfs estate any excess resulting from this payment. See Exhibit "1". By check dated June 17,2004, Waypoint Bank: reimbursed the decedent's estate the excess amount of$5,331.42, which check was accepted by the estate. See Exhibit "2". 16. The averments of this paragraph constitute conclusions oflaw to which no responsive pleading is required; they are, therefore, deemed to be denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). 17. The averments ofthis paragraph constitute conclusions oflaw to which no responsive pleading is required; they are, therefore, deemed to be denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). PH2\82097\.2 4 18. Denied. 19. The averments ofthis paragraph constitute conclusions oflaw to which no responsive pleading is required; they are, therefore, deemed to be denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). NEW MATTER 1. Plaintiffs complaint fails to state a claim upon which relief may be granted. 2. Plaintiff s complaint is or may be barred by the applicable statute of limitations. 3. Plaintiff s amended complaint is or may be barred by the doctrine of laches. 4. Plaintiff s amended complaint is or may be barred by the doctrine of accord and satisfaction. WHEREFORE, AGAC demands judgment in its favor and against plaintiff, dismissing the amended complaint with prejudice and awarding to defendant its costs and expenses of this action, induding reasonable attorney's fees as allowed by law, and such other and further relief as the Court may deem just and proper. Respectfully submitted, DUANE MORRIS LLP d/dO~ Peter Jason J.D. No. 55473 Michael Zullo J.D. No. 91827 One Liberty Place Philadelphia, P A 19103-7396 (215) 979-1174 Attorneys for Defendant PH2\820971.2 5 11/02/04 TUE 15:02 FAX 212 709 6275 US LIFE ~002 VERlFJCATION I) JenD: fer Maco~ do hereby verify that I am the M~~er of the Credit ClaiJ:ns Department fo A11lerican General Assurance COIDpany and that the :fuets set forth in the foregoing Firs: Amended AAswer and New Ma.tter are tnJe and (:oaect to the best of my knowledge, i:n1:umation and belief. I make th.is 'Verifi(:stion subject to the penalties of 18 Pa. C.S. ~904 tel: :ting to unswom falsifioation to authorities. Dated: Novem .er ~ 2004 ~auM/ ~H04,l '71-~ ZDO/ZOD'd iLZ-l BOSS ZZs' ZE.L 'V~3NiD NV~I!!MV-mDA~ ~El:ED ;O-ZO-AON CERTIFICATE OF SERVICE I, Michael S. Zullo, Esq., hereby certify that a true and correct copy of the foregoing First Amended Answer To Amended Complaint And New Matter was served this 2nd day of November via first class mail upon the following: William P. Douglas, Esq. 27 W. High St. P.O. Box 261 Carlisle, PA 17013-0261 Attorney for Plaintiff d4:/7~ Michael S. Zullo, Esq. (x~ 10/18/04 MON 10:47 FAX 212 709 6275 I '-Jd:."~ US LIFE 141 002 lUhD .6,2oM 'WB)'pOint B_ Aa: 'Malt MIHk 44' Eiseaha... Blvd. RarrishUIJ. PA 17111 B,c; Ridlard Wolf C18im No. 3OO153J 7 Dear Mr. Masek. EDc;losed is our dead! bencfi:. paymenl forme daim Cor Riebli'd Wolf. A cbcck hi bGing sent to you IlIdtcr than the 'Wire transfer. The, beck Dumber 052MD12 for S2.7,054.9O encbied rept1!Scnt5 the lmm. balance on his ~ or death. plus allten .t. Plcu~ apply rhe pro=eds to bis laan mcI any ~_ should be reimbursed to Mr. Wolrs esIate. P1eu provide ~ to me aa)t doQameaatatiDrlllS to the no!lS! teiJnbu:r&eiellt ta me cstacc. .s1.l<:b a$ a copy of (4 cleek or a ~e:"t shttwiAg applic:.atioD to an accounl:' ShoUld you haw all)' qUCStl, (1$ rt:garding this. please contac.l. me at 732-92'Z-S91l!r, Sincerely, Harriel Wood M*uq<<, Credk Claims APNtnC8D 'Geaeral LUe Compaales Cro1J.p BeDefitl! and. FmaaUllnstttutiDos riJJutIDI pralacts issued by: A.C u:r. luv_~ eeJIPur. Alnerltaa Intenaatkmal Ufe Asstu'alce c,1IlpIIDY uCNe- York rican. GeImral ~ c.q: .lIQ'*, ~ Ca8nJ ladaaaity CampllllY.. AaeriCGIl General ure rasureace ~. Del&WD1'O ~ LiIit b1sI.~ ~.1'be ll&tBed S.... Lire IDHrMGe Ca1rIlp....' 1.,,1'119 acy or New York j .rCll'fJ6er ~ qf A"'~ llW!raCllblcd Grvap. hr.,:. 3600 Boa1e 66 · 1.0. Box 1577 · lIIfl1)ttm.. NJ 071~lS71 · 132.92Z.TOCM) . www.....OOtII ~ Yhlbrt J CO'I .... l!; ~ ...,. ii = .,., r' ~ ;S es I = ;.; ..,. -= .... t! - ~ .-( .;l J i 15 s ell i eo! I I I I ~ i ;~ ~4 14111 -Ii I . '" ... ~ . Q . c .. ~ ~ :1 II II . V b . . III JlH Bi -~ . ' i.II \ . .. til ~ e . 0 0 . . ~T C :iJ c ;;p . ~ ~ I "" ..~\ tli a 11'1:1 -KJ: Q Cot- ~ II Il2S O~ ..ell ! ..a a :; ...... . z: i .. ~.:r I t ....:r. wOI ! ~ z:; ;- ~~ l.!l!: ~:j. I 'J trll o ~ ! ~... i: Pi ' .. ~ ...~ !Jh~: ... ~ !2 .,. . " ...-. .. ..to I If...... . ... ,...~ ~ , ...' ~,.,.,..~... :...... "''''' , '"'.1':1.....". ~. ~"Q.. .I f1H~ 1<; iii" m.l I · r -S!ihr == .;, If"! ~::~:'II~~ 'I ;B ():~ ....... . Ii. (;;lIIA =~ ~n ,. " Iil~ a"il' ... ....... ,.. '-:'I JIll" I ;.i Nt- ~l ~:t I",Tft D't~ ~~ :!N OIl 'lfSM iE-~ ~~ t- ~ ~12c~ ~:rIOi , QiD 'oO Jlt.~ !N-C~ W .:-- IlliQ II .!7\ ~o ~l~~~ ~. ose~ 10/22/04 FRI 13:04 FAX 212 709 6275 US LIFE lO~Zl-ZDD4 15:~ FrllJJ .WAVPoIMT BANK ..,~~-ftt,lll' ~ e'l';'~;:; 1lIl!!l . I ...... "-a' $iii. !f.. __ . -.. .. I :I~! 1J:S ..I~.:. ~ r:_'tt)~ .~ "-So '.: ~ . r ...1' "" .. ,. ..,' '.~C\1~'''''' '. N I J~. ,a"-,.' . ... ~.:i .... " . ..: J ~;('~.r'::~, 3 c t:2' 'rrJ',::'" ~.~" . .. r:f . I, - i '"'I "" ....;. --... .. ~ Ij.......~~1......'r.\J l ~_ ~. ;f~.'it .. .. <'::'11':..,..- .:._.'. ..,. r b...... -('&.. .. ..,:- I -:~~... . .. ~!.. .. .r. · ..'.':. ....... I ' ..- . '. . II ~ ..,,"t, ,._.. . . ~"-l&' . .- 'II - ..~, S { .f " -- .... Gl :. f.~ ~: '-j': QI .",. PI'~;' ....- I '..... Jlo .,'t,,, ... . III!l '(:,,,"", -f "'...... .1is ~i t '. ~: 5. .. .. ,...... # '" ,.~..t ""'," ....'\11., t . . .'",' "" . .. 1,"10 UI 1"'. .'" ~ 1ft M...,..~.,.'.._ u I .~~. .' N .... '. '--.... -.. ..... . "...... .1 ~ -w"" ...IJ "" ,/':.:.. :a .'-. ... :~... -'"' ;;,' I i~,!f:~~ . ~ Ji ~,:~._Z51~ ::l :S! it:..... O~- . ...... 15 .,.' - ii.ii .1:1 1',~;~~,,1l J~ u l\.l:......... tI. :;6 tZ t~i;'rllla:ii ;. ~~ " .-. . I &II' >C) ~ "1~ S" IlL; :J} ';\'1 .~! ~ "h; , .. Ii j ~ .J I'~:'S;/. ,,!itI ~ a ,..u~~ ~o i ~ t)G~' '.-il. f I 'i ~ ~ .. . . 0;1 i li 'J~~~ iii ... 0 -..,...- OZ\-~ EOO/EOD'd \ 38-1 8055 US' zu l4J 004 +717 BDB 7487 T-9Z9 ~_uo3/o03 f.5aS SUJIl3 ~ ~~ 10 1!/JeJ ~:..2 J' ~ , 0 /)S ' ,. .::~:' ~ --' ..... ~ ' ._____ _ __ _ . J .. . . ~oI'r" ,J. , - ,I I ~I I x -~ ~ ,'- .:~~~-~--::.. ... . .... . ,,-It. ...". .. --..- ..-- _.. .,-4 ... ~"iIl.. .. r:.,':'1 !J.'"t I- .~... '1'''r''rJu. -.M '~'I" .' .. . ' - q . ! ,I ,; 'VH3N~ NVJI~3NV-WOJ~ .eSS:Ol tQ-ZZ-lOQ ( r ..:: ,~ ,..- ~::. ~ ~:~~~ (') c t;3 i' , ::''1 -< ~ <=) <:::;) ..t::" ;:-C o ....::.: I W o " ~." nl- r- -C1 rT1 :Ul? C)(- :'-.-j -.) th. :::rj 2~t) Ciln :.:;! .!q :< ;r"", :J:: w .. DOUGLAS LAW OFFICE 27 W.HIGH ST. POD 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 .....................................................................................................................................................',.................................................................. . . j i IN THE COURT OF COMMON PLEAS OF I SHARON L. WOLF, I CUMBERLAND COUNTY PENNSYLVANIA I \IS PLAINTIFF! 1 AMERICAN GENERAL ASSURANCE I COMPANY 1 DEFENDANT. . "'..........................................................................................................A.........................................................................................................., 04-111 2 CIVIL TERM CIVIL ACTION LAW REPLYTONEWMAITER 1. through 4. Denied as a legal conclusion to which no response is necessary . WHEREFORE, it is prayed that the New Matter of the Defendant be dismissed. Date: November 30, 2004 DOUGLAS LAW By \J - . Attorney for the Plaintiff ... AFFIDA VIT This verification is made pursuant to Pa. R.CP. l024(c) by counsel for the plaintiff. To the best of signer's knowledge, information and belief, the foregoing is true and correct. ~ovember30,2004 ~~ William P. Douglas Attorney for Plaintiff .. .... C) l"'-,;) c::> 0 C c:::> -n -. .....- .~~ - I. C) "-1 -r !, 'f Pi f'l1i*fJ -; (-) -,::I rTl ? -......1 ;~:1 ~..,_. '. ._~O f" ::.~, -n ;':J ~I} ~> .-i"n '::::; .:L~ C,) ~JJ ro ~-<~ PRAECIPE FQR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHOIDTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next term of civil court. xx) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) (x Civil Action - Law Sharon Wolf, Individually and as Administratrix of the Estate of Richard Wolf, deceased Appeal from Arbitration (other) (Plaintiff) vs. American General Assurance Comp nYThe trial list will be called on February 14, 2006 and Trials commence on M.::u......l-r. 11. ?OOf\ . (Defendant) Pretrials will be held on ~~h ?? ?OOh (Briefs are due 5 days before pretrials.) vs. (The party listing this caSe for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 04-1112 Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Willi~m P DOllgl~R. 27 W. High St.. Carlisle. PA 17013, for plaintiff Indicate trial counsel for other parties if known: Peter Jason, Esquire, Duane Morris LLP, One Liberty Pl. Phila., PA 19103-7396 2Jo-g7g-JJ74/J178 This case is ready for trial. Signed: William Prin t Narre: Date: Jan. 13, 2006 Attorney for: Plaintiff --; C",'! C' SHARON WOLF, Individually and as Administratrix of the Estate of Richard Wolt~ Deceased, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW AMERICAN GENERAL ASSURANCE COMPANY, Defendant NO. 04-1112 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of January, 2006, a pretrial conference in the above matter is scheduled for Monday, April 3, 2006, at 3:15 p.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Wednesday, May 3, 2006, at 9:30 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT. ~liam P. Douglas, Esq. 27 West High Street Carlisle, P A 17013 Attorney for Plaintiff \. J. '1 eft. .I. ~ter Jason, Esq. Duane Morris LLP One Liberty Place Philadelphia, PA 19103-7396 Attorney for Defendant Court Administrator's Office-- ~d dL~' i!Jf!,Jb /-b ('.,; '" ,. LL DOUGLAS LAW OFFICE 27 W.HIGH ST. POD 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 William P. Douglas, Esq. Supreme Ct. ID # 37926 sharonWoH;lndlV:lduaHy;and as Administratrix of the Estate of Richard Wolf, deceased IiltlleCourfo{CommonPleasof Cumberland County Pennsylvania Plaintiffs vs No. 04-1112 Civil Term American General Assurance Company as a Member of American International Group, Inc. Defendants Civil Action Law ..........J:'::lEY..!Jji'l!..P~I.!l:i'I!1:9~.9 Praecipe to Settle and Discontinue Dear Mr. Long, Please mark the above captioned matter settled and discontinued. William P. Doug Attorney for P ,Esq. tiffs March 13, 2006 SHARON WOLF, Individually and as Administratrix of the Estate of Richard Wolf, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW AMERICAN GENERAL ASSURANCE COMPANY, Defendant NO. 04-1112 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2006, upon relation of William P. Douglas, Esq, attorney for Plaintiff, that this matter has been resolved, the pretrial conference previously scheduled for April 3, 2006, and the nonjury trial scheduled for May 3, 2006, are cancelled. BY THE COURT, J. William P. Douglas, Jr., Esq. 27 West High Street Carlisle, P A 17013 Attorney for Plaintiff Peter Jason, Esq. Duane Morris LLP One Liberty Place Philadelphia, PA 19103-7396 Attorney for Defendant - --4~/)'~...t -'/- OJ'.DI- 0-. :rc c ~.i~ F;d }"~' J.