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HomeMy WebLinkAbout09-8942SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff thyman(@schmidtkramer.com REBECCA ANN NEGLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MARCUS A. MCKNIGHT, ESQUIRE and IRWIN & MCKNIGHT, P.C., Defendants DOCKET NO: Oq - 8qU civi (TErwt CIVIL ACTION - LAW PROFESSIONAL LIABILITY CLAIM JURY TRIAL 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 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. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 717/232-7536 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 717/232-7536 SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff thymanAschmicitkramer. com REBECCA ANN NEGLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: MARCUS A. MCKNIGHT, CIVIL ACTION - LAW ESQUIRE and IRWIN & MCKNIGHT, P.C., PROFESSIONAL LIABILITY CLAIM Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Rebecca Ann Negley, is an adult residing in Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Marcus A. McKnight, is an attorney practicing in Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Irwin& McKnight P.C., is a law firm, established as a professional corporation whose practice is located in Carlisle, Cumberland County, Pennsylvania. 4. At all times relevant to this Complaint, Marcus McKnight was a shareholder, officer and/or employee of Defendant Irwin & McKnight PC. 5. This is a Professional Liability Claim against the Defendants. All conduct giving rise to this Complaint occurred in Cumberland County. Certificates of Merit for each of the Defendants are attached hereto. 6. On January 14, 2000, Rebecca Negley was involved in an automobile accident. The accident was not her fault, and Rebecca sustained serious injuries including multiple fractures to her head and extremities. 7. In February, 2003 Defendants Marcus McKnight and his law firm enter appearances as Ms. Negley's attorneys for her automobile accident. 8. The tortfeasor who caused her accident had policy limits of $100,000.00. 9. Ms. Negley had paid for Underinsurance coverage of an additional $100,000.00 with Eire Insurance Exchange (hereinafter "Erie"). 10. Although she felt her injuries were worth more, on the advice of Attorney McKnight, Rebecca Negley, on January 13, 2004, orally agreed to settle her underlying claim with the carrier for the tortfeasor who caused her accident of January 14, 2000, for the sum of $87,500.00. 11. As part of the settlement with the underlying tortfeasor, Erie Insurance Exchange was aware of the settlement, approved the settlement and waived its right of subrogation under its UIM coverage, thereby preserving Ms. Negley's right to make a claim for Erie's UIM coverage of $ 100,000.00. 12. On the advice, and after review by Defendant McKnight, Rebecca Negley executed a Release on April 1, 2004, completing the settlement with the tortfeasor who caused her accident of January 14, 2000. 13. On February 25, 2005, Erie's adjuster wrote to Defendant McKnight requesting an update of Ms. Negley's treatment. 14. Between February 25, 2005, and March 10, 2008, Erie's adjuster wrote 26 more letters to Defendant McKnight requesting medical updates on Ms. Negley's condition which Erie requested on February 25, 2005. 15. On two occasions Ms. Negley herself wrote to Attorney McKnight asking him to request her records from Hershey Medical Center and provided a signed release permitting their disclosure to Defendant McKnight. 16. Between April 1, 2004, when Defendant settled with the underlying tortfeasor, and March 10, 2008, Defendant was aware that Ms. Negley had undergone continuous treatment at Hershey Medical Center including a second surgery on her ankle in response to ligament degeneration stemming from the ankle fracture she had suffered in her accident. 17. In 2007, when she underwent her second accident-related ankle surgery, Rebecca Negley was 27 years old. If asked, her treating orthopedic surgeon would opine that she was at high risk for continuing degeneration in her ankle. 18. Despite Erie's 26 requests, Defendant McKnight did not provide Erie with any medical records or reports for Ms. Negley for a three year period. 19. In the 4 years following settlement of the underlying accident case, Defendant McKnight took no action on Ms. Negley's UIM claim. 20. It was not until April 4, 2008, more than 4 years after Rebecca Negley settled her underlying claim, and after a telephone conference that day with Erie's adjuster in which McKnight was advised that the statute of limitations had expired on the case, that Attorney McKnight filed suit against Erie or requested they appoint an arbitrator for the UIM claim. 21. On May 6, 2008, Erie Insurance Exchange offered $15,000.00 as a non- negotiable settlement to avoid litigation costs related to the statute of limitations issue. 22. On March 6, 2009, Attorney McKnight, on behalf of Rebecca Negley, declined the $15,000.00 offer and made a counter demand. 23. On March 11, 2009, Erie Insurance Exchange rejected Plaintiff's counter demand based on the Statute of Limitations. 24. On August 18, 2009, Attorney McKnight filed a Demand for Erie Insurance Exchange to Appoint an Arbitrator. 25. In August 2009, Ms. Negley terminated her attorney client relationship with Defendants, and hired Schmidt Kramer to continue her representation. 26. The only existing case addressing the issue, has held that under Pennsylvania law the Statute of limitations on Rebecca's UIM claim expired 4 years from the date she settled her case with the underlying tortfeasor, which was April 1, 2008. 27. Defendant McKnight blew the statute of limitations on Rebecca Negley's UIM claim against Erie Insurance Exchange. 28. Rebecca Negley's damages from the accident are in excess of both the underlying limits and her UIM limits of $ 100,000.00. 29. As a direct result of Defendant's negligence as set forth below, Rebecca Negley has lost $100,000.00 in UIM compensation, interest on said money, and the opportunity to pursue a bad faith claim and attorney's fees under the statues governing first party bad faith claims. 30. Defendant McKnight fell below the standards of his profession in: (a) Missing the statute of limitations for Plaintiff's UIM coverage; (b) Failing to respond to requests for information needed to process Plaintiff's UIM claim; (c) Not obtaining a timely report from Plaintiff's medical providers; (d) Not sending a report from Plaintiff's medical providers to Erie in a timely fashion; (e) Not researching the question of the UIM statute of limitations prior to the statute expiring; (f) Not taking the legal action necessary to preserve Plaintiff's contractual claim for UIM before April 1, 2008; (g) Risking that the statute of limitations on Plaintiff's UIM claim would expire even if he concluded the law was unsettled on the issue; (h) Having no effective system to warn him that the statute of limitations was about to expire on Plaintiff's UIM claim; (i) Failing to discuss any options relating to preserving the UIM claim against the statute of limitations with his client, Rebecca Negley; (j) Taking more than four (4) years to settle a UIM claim whose value exceeded the UIM limits much earlier; and (k) Failing to communicate with Ms. Negley about her UIM claim in a prompt and complete fashion. 31. Defendant Irwin & McKnight, P.C., is vicariously liable for the negligence of its principal and employee, Marcus A. McKnight, as set forth above. WHEREFORE, Plaintiff Rebecca Ann Negley demands judgment against the Defendants in an amount in excess of the limits for compulsory arbitration, together with costs. Respectfully submitted, SCHMIDT KRAMER PC By: errne an, Esquire AttoNo: 36807 209 eet Ha rrisburg, PA 17101 (717) 232-6300 Date: Attorney for Plaintiff VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Rebecca Negley hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent it is based upon information which I have given to counsel, is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications made to authorities. r Date: ebecca A. ep SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff thymam2schmidtkramer. com REBECCA ANN NEGLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: MARCUS A. MCKNIGHT, CIVIL ACTION - LAW ESQUIRE and IRWIN & MCKNIGHT, P.C., PROFESSIONAL LIABILITY CLAIM Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO MARCUS A. MCKNIGHT I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the Plaintiff's harm; Respectfully submitted, SCHMIDT KRAMER PC By: TeAttorney I.D. No: 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: Attorney for Plaintiff SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff thyman(@schmidtkramer.com REBECCA ANN NEGLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: MARCUS A. MCKNIGHT, CIVIL ACTION - LAW ESQUIRE and IRWIN & MCKNIGHT, P.C., PROFESSIONAL LIABILITY CLAIM Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO IRWIN & MCKNIGHT PC I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: the claim that this defendant deviated from an acceptable professional standard is based also on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the Plaintiff's harm. SCHMIDT KRAMER PC By: Te S. ym7N , Esquire A ey I.D: 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: Attorney for Plaintiff C? .t etc t `'? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OF THE ??? NoTiRY Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 JAN -7 PM 2: 42 CUME?-J t ?, couNTY PENiI S VAN A Rebecca Ann Negley vs. Marcus A McKnight, III Case Number 2009-8942 SHERIFF'S RETURN OF SERVICE 01/04/2010 04:19 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 4, 2010 at 1619 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marcus A. McKnight III, by making known unto himself personally, at 60 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.84 January 06, 2010 SO ANSWERS, 000, VNY'R ANDERSON, SHERIFF By Depu y Sheriff jcj GoumySuite Sheriff, Teleosoft, h%-, REBECCA ANN NEGLEY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 09-8942 CIVIL TERM MARCUS A. McKNIGHT, ESQUIRE, and IRWIN & McKNIGHT, P.C., ; Defendants CIVIL ACTION -LAW PROFESSIONAL LIABILITY CLAIM NRY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Marcus A. McKnight, Esquire, individually and professionally doing business as Irwin & McKnight, P.C., in the above-captioned matter. DATE: _ z ~~ 3~~0 r_____ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: EDWIN A.D. SCHW TZ, SQUIRE Attorney No. 75902 LAUREN M. BURNETTE, ESQUIRE Attorney No. 92412 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3700 easchwartz@mdwcg. com n ~ _ t-- -. ~' - , --a _ -_ ~ ry rir .~:" ~) ~.;Yy -'C7 _._.. ~ ~- : r~ = _ ~ ~= :J ~ u. CERTIFICATION OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of the Entry of Appearance in the above-captioned matter this date by regular mail. Terry S. Hyman, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ~~z3~ro --, By: EDWIN A.D. SCHW Z, E UIRE Attorney No. 75902 LAUREN M. BURNETTE, ESQUIRE Attorney No. 92412 4200 Cruets Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3700 easchwartz@mdwcg. com David D. Buell- t -e A Renee X Simpson Prothonotary , p 1S` Deputy Prothonotary u {Q I`u- o Sohonage, ESQ A\v77,-.4re Irene E. Morrow Solicitor 1750 2neDeputy Prothonotary Office of the Prothonotary Cumberland County, cPennsyfvania 69-e9gz_, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573