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HomeMy WebLinkAbout01-1379MAFFETT 8 ASSOCIATES By: Richard F. Maffett, Jr., Esquire ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorneys for Plaintiff REBECCA M. ADAMS, Plaintiff v METROPOLITAN LIFE INSURANCE COMPANY, d/b/a MetLife, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TEE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 NOTICIA LE HAR DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MAFFETT E~ ASSOCIATES By: Richard F. Maffett, Jr., Esquire ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4100 Attorneys for Plaintiff REBECCA M. ADAMS, Plaintiff v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METROPOLITAN LIFE INSUP~NCE CIVIL ACTION - LAW COMPANY, d/b/a MetLife, JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, this ~l.%\ day of March, 2001, comes the Jr. · Plaintiff, REBECCA M. ADAMS, by her attorney, Richard F. Maffett, Esquire, of Maffett & Associates, and avers the following: 1. Plaintiff, Rebecca M. Adams, is an adult individual who resides at 506 Penn Ayr Road, Camp Hill, Cumberland County, Pennsylvania. 2. MetLife, Defendant, Metropolitan Life Insurance Company, d/b/a is an insurance company, incorporated in the state of New York, which regularly conducts business in the Commonwealth of Pennsylvania, with a place of business at 2040 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. 3. Beginning on or about June 1, 1987, and at all relevant times to this litigation thereafter, Defendant contracted with Commercial Union Insurance Company to provide long term disability insurance benefits to the employees of Commercial Union Insurance Company, and the Defendant issued a group long term disability insurance policy setting forth the conditions of eligibility, benefits paid, and restrictions upon coverage, a copy of which is attached as ~Exhibit 4. At all relevant times herein, Plaintiff was a full-time employee of Commercial Union Insurance Company, located at 5000 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania, and was an insured, eligible for and entitled to benefits as a covered person, under the aforementioned policy. 5. The aforesaid group long term disability insurance policy provides for payment of monthly benefits to an employee, after expiration of a waiting period, of sixty (60%) percent of the employee's basic monthly earnings, up to $5,000.00 per month, but not less than $50.00 per month, for any period of disability. 6. Beginning on or about September 14, 1993, Plaintiff became unable to do her job with Commercial Union Insurance Company, multiple 7. and was fully and totally disabled, as a result of sclerosis. Upon application by Plaintiff, and after exhaustion of the waiting period, Plaintiff that her claim for long the aforesaid policy was approved, 8. Defendant paid Plaintiff on March 14, 1994, Defendant notified term disability benefits under effective February 17, 1994. long term disability benefits pursuant to the aforesaid policy for the period from February 17, 1994 through July 5, 2000. 9. On July 5, 2000, Defendant unilaterally and unlawfully terminated payment of long term disability benefits to Plaintiff pursuant to the aforesaid insurance policy, despite the fact that Plaintiff remained totally disabled and eligible for benefits under said policy. 10. On August 30, 2000, pursuant to the provisions of the aforesaid group long term disability insurance policy, Plaintiff requested review by Defendant of Defendant's denial of Plaintiff's claim for payment of continuing long term disability benefits. 11. Despite repeated requests by Plaintiff thereafter, Defendant has failed and refused to reinstate payment of Plaintiff's long term disability benefits pursuant to the aforesaid policy, and/or to render a determination as to Plaintiff's request for review of the decision to deny Plaintiff further benefits. 12. At all times from July 5, 2000 to the present and continuing, Plaintiff has not worked, has been unable to perform any gainful employment, and has remained totally disabled as a result of her multiple sclerosis, and complications thereof. 13. At all times from July 5, 2000 to the present and continuing, Plaintiff has been eligible and entitled to benefits for long term disability pursuant to the aforesaid group insurance policy issued by Defendant. 14. At all times since July 5, 2000, Plaintiff has complied with her responsibilities and duties pursuant to the aforesaid contract, including submission to Defendant of proof of her continuing total disability as required. 15. Plaintiff is entitled to payment of benefits pursuant long term disability to the aforesaid group insurance policy, at a rate of $1,862.50 per month from July 5, 2000, to the present and continuing indefinitely in the future. COUI~T I: BREAC~ OF CONTRACT 16. Plaintiff incorporates by reference the averments of Paragraphs 1 through 15 above, as fully as though herein set forth at length. 17. Beginning on July 5, 2000, and continuing to the present, Defendant breached the aforesaid contract of insurance for long term disability benefits, under which Plaintiff is a covered person and beneficiary, by failing to pay Plaintiff the long term disability benefits she is due pursuant to said policy. 18. Defendant is obligated, pursuant to the aforesaid group long term disability insurance policy with Commercial Union Insurance Company, to pay to Plaintiff, a covered person and beneficiary, long term disability benefits in the amount of $1,862.50 per month since July 5, 2000 to the present, and continuing indefinitely into the future. 19. Defendant's breach of the aforesaid long term disability group insurance policy, pursuant to which Plaintiff is a covered person and beneficiary, has damaged Plaintiff in the amount of $16,762.50 to date, which said damages continue to accrue on a monthly basis. WHEREFORE, Plaintiff requests that this Court enter judgment in her favor and award her damages as claimed, plus interest and costs of suit, in excess of the compulsory arbitration limit of $25,000.00 for Cumberland County. COUNT II: PUNITIVE DAI4AGES 20. Plaintiff incorporates by reference the Averments of Paragraphs 1 through 19 above, as fully as though herein set forth at length. 21. Defendant has acted unreasonably, without just cause, and unlawfully by refusing payment to Plaintiff of the aforementioned long term total disability benefits due her pursuant to the aforesaid group disability insurance policy. 22. Defendant's actions, as described herein and above, were wanton, wilful, malicious, and outrageous, and were taken because of Defendant's evil motives and reckless indifference to the rights and property interests of Plaintiff. 23. As a result of Defendant's aforesaid bad faith and refusal to pay the long term disability benefits due, Plaintiff is entitled to punitive dama§es. 24. Because of Defendant's aforesaid bad faith and refusal to pay the long term disability benefits due, Plaintiff is entitled to the payment by Defendant of Plaintiff's reasonable attorneys fees for representation in this matter. WHeREFORe, Plaintiff respectfully requests that this Court enter judgment in her favor, in the nature of punitive damages against Defendant, of an amount in excess of $25,000.00, an amount which is greater than the Cumberland County compulsory together with attorneys fees, interest, and arbitration limit, co~ts. Respectfully submitted, Richard F. Maffett, Jr., Esq. VERIFICATION I, REBECCA M. ADAMS, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904 REBECCA M. ADAMS, Plaintiff Z SHERIFF'S RETURN CASE NO: 2001-01379 F COMMONWEALTH OF PENNSYLVANIA: CO~TY OF CUMBERLAND ADAMS REBECCA M VS METROPOLITAN LIFE INSURANCE OUT OF COU~TY R. Thomas Kline duly sworn according to and inquiry for hhe within named DEFENDANT to wit: METROPOLITAN LIFE IN__~URANCE COMPANY D/B/A METLIFE Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE to On March attached return 26th 2001 from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Dauphin Co 30.50 .00 So answer~f~ t-2 . ~lf... ~s~ R/. l~homa s ~K1 i ~-e - Sheriff of Cumberland County this office was in receipt of the 67.50 03/26/2001 MAFPETT & ASSOCIATES Sworn and subscribed to before me ~-~ ~ A.D. Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Hamsburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: March 19, 2001 CIVIL ACTION COMPLAINT METROPOLITAN LIFE INSURANCE CO D/B/A METLIFE to CONNIE MOODY, GENERAL OFFICE ASST. : ADAMS REBECCA M vs : METROPOLITAN LIFE INSURANCE CO Sheriff's Return No. 0778-T - -2001 OTHER COUNTY NO. 01-1379 at 9:45AM served the within upon by personally handing 1 true attested copy(ies) of the original CIVIL ACTION COMPLAINT and making known to him/her the contents thereof at 2040 LINGLESTOWN RD. HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 20TH day of MARCH, 2001 I PROTHONOTARY SO Answers, Sheriff's Costs: $30.50 PD 03/16/2001 RCPT NO 147678 TORO E. Thomas Henefer Attorney I.D. No. 55773 111 North Sixth Street P.O. Box 679 Reading, Pennsylvania 19603 (610) 478-2000 REBECCA M. ADAMS, Plaintiff METROPOLITAN LIFE INSURANCE COMPANY, Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW No. 01-1379 NOTICE TO PROTHONOTARY OF NOTICE OF REMOVAL To: The Prothonotary of the Court of Common Pleas of Cumberland County Pursuant to 28 U.S.C. § 1446(d), Defendant, Metropolitan Life Insurance Company, hereby files a copy of the Notice of Removal filed in the United States District Court for the Middle District of Pennsylvania on March 30, 2001. Dated: March 30, 2001 STEVENS & LEE By ~~ E. Thomas Henefer Attorney I.D. No. 55773 111 North Sixth Street P.O. Box 679 Reading, Pennsylvania 19603 (610) 478-2000 Attorneys for Defendant Metropolitan Life Insurance Company 151835vl/00000.000 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA REBECCA M. ADAMS, Plaintiff METROPOLITAN LIFE INSURANCE COMPANY, Defendant CIVIL ACTION No. NOTICE OF REMOVAL Defendant Metropolitan Life Insurance Company ("Defendant") files this Notice of Removal pursuant to 28 U.S.C §1441 based on the District Court's jurisdiction under 28 U,S.C. §1331, and states: 1. Defendant exercises its rights under 28 U.S.C. §1441 to remove this civil action from the Court of Common Pleas of Cumberland County, Pennsylvania, in which this action is now pending, under the name of Rebecca M. Adams v. Metropolitan Life Insurance Company, d/b/at MetLife, Court of Common Pleas of Cumberland County, Pennsylvania, No. 01-1379, to the United States District Court for the Middle District of Pennsylvania. Removal is proper because the claims brought against Defendant in this case are governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001-1461 ("ERISA"). 2. Pursuant to 28 U.S.C. §1446, Defendant has attached as Exhibit A to this Notice of Removal the complaint filed in state court in this case. 3. On March 9, 2001, Plaintiff filed her complaint in this action. 4. Plaintiffs complaint alleges that she was covered by a group disability insurance contract with MetLife, which she attached to her complaint as Exhibit A. Exhibit A confirms that the group policy is part of an employee welfare benefits plan purchased by SLI 151R35vl/00000.000 Commercial Union Insurance Company for the benefit of its employees. [Complaint, Exhibit A]. Plaintiff claims she became disabled on or about September 14, 1993 and was allegedly unable to continue working. [Complaint, at 6]. Plaintiff claims she is entitled to disability benefits as provided in the plan sponsored by Defendant. The benefits Plaintiff seeks to recover are therefore provided pursuant to an employee welfare benefit plan as defined by ERISA §3(1), 29 U.S.C. § 1002(1), and Plaintiffs only remedy for the recovery of such benefits is provided pursuant to ERISA §502, 29 U.S.C. §1132. 5. The Court therefore has original jurisdiction over this action because Plaintiff's claims arise under ERISA and any state law claims Plaintiff might assert are subject to complete preemption under ERISA. Metropolitan Life Ins. Co.. v. Taylor, 481 U.S. 58 (1987). Accordingly, the claims asserted against Metropolitan Life Insurance Company in this action arise under federal law and are removable as a matter of law. 6. Because this Court has jurisdiction under 28 U.S.C. §1331 and 29 U.S.C. § 1132(e)(1), this action may be removed without regard to the citizenship or residency of the parties or the amount in controversy. 7. This Notice of Removal has been filed in less than thirty days from the date of Defendant's receipt of the complaint. The complaint was the initial pleading setting forth the basis for the Court's jurisdiction. 8. Written notice of the filing of this Notice of Removal has been served on Plaintiff's counsel, and a true and correct copy of this Notice of Removal will be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. WHEREFORE, Defendant, Metropolitan Life Insurance Company, respectfully requests that this action be removed to this Court. Dated: March 30, 2001 STEVENS & LEE E. Thomas Henefer ~ Attorney I.D. No. 55773 111 North Sixth Street P.O. Box 679 Reading, Pennsylvania 19603 (61 O) 478-2000 Attorneys for Defendant Metropolitan Life Insurance Company MAR ~ ~01 17:10 ~ 000000000000000000000000000000000 TO 1610~000003 MAFFE~ ~ ~ ASSOCIATES Richard F. Maffe~0 Jr., Esquire ID #35539 2201 North S~ond $~me~ Harrisburg, pA 1711Q 717-23~ep A~om~s for Plaintiff z s. mu c= MetLife, De£e~dant : i CU~BERLAIqD COUNTY., PENNSYLVAlq~A Ol. -P;z?· TRIAL DEMANDED ~OTI~.E YOU HA1~E BEEN SUED IN .COOPT'.. I~ yOu.'wish to de'fend against the claims set forth in the followin~'~ages, you must take action within tweuty (20) days after this Com~l.ain~'and N0~ice'are served, by entertn~ a written aDpearance personally or b~' attorney and filing in wri=~ng with the Court your ~efenses or objections to the claims ~et forth against you. You are warned' that,' i~ you fail to do so, the. case may procee~ without you.and a jud~men~'maybe entersdaga~nst you by the Court without further notice for any money claimed in the Complaint or for ably other claim or relief requested'by the Plaintiff(s). -You may lose money or prOl3erty or other rights important ~o you. YOU SHOULD TAKE THIS PA~E~ TO YOD~ L~YER~T ONCE, IF YOU DON~TNAVEAL~WYE~ O~ CANNOT3tFFOItDON~,.~OTO.OH TELRPHO1TETHE OFFICE SET FORT~ BELOW TO FIND OUT WHEP~OU.CAN GET LEGAL'.HELP. CUMBERLAND COUNTY BAR ASSOOIATION ~--.A~T.~ISLE, PA 17013 '717'-2~9'3166' 000-990-9108 M~ ~ '01 17:10 F~ 000000000000000000000~00000000000 TO I610988080~ P.03×~5 NOTICIA LE HA~ DEMANDADO A USTED EN LA CORTE. Si usted qulere defenders~ de esta~ demandas expu~stas en las paginas sigu£entes, usted tiene veinte (20) dia~ de plazo al partir de la fecha de la de~u~nda y la notificacion. Usted debe presentar una apariencia escrita o em persona o pot abo~ado y archivar en la carte en forma escrita sus defensas o sus objeciones a las demandas en cdntra de au. persona. Sea aviSado q~e si usted no' se defiende, la ¢orte tomato medidas y puede entrar una orden contra usted sin previo av~so o notificacion y pot cualqUier queja o alivio :que .es pedido en la.peticion do demanda. Usted puede perder dinero o sus prcpiedades o otros derechos importantes para usted. ~U~BERLA~D COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MAFia'- I I 8' ASSOCIATES By: Richard F. Merrett, Jr,, Esq'uire ID #35539 2201 NoFth Second Street Harrisbucg, PA 17110 717-2~3-4160 Attorneys for Plaintiff Pla~ntlff METROPOLITAN LIFE XNSURANCE COMPANY;' cl/b/a MetLife, Defendant IN THE. COU[T OF COMMON ~LEA~ NO. CIVIL ACTION- LAW .',U~Y THIAL DEMANDED AND NOW, thim ~°cYX day o~-' March, 2001, comes the. Plaintiff, REBECCA M.'ADAMS, by her attorney, Richard F. Maffett, Jr., Esquire, of. Maffett & ASSociates, and 'aver~' the foll6wing: 1. Plaintiff, Rebecca M. Adams, iS an adult individual who resides at 506 PeP. n Ayr Road, camp.~ill, Cumberland county.~ Penns¥1vahla. MetLife, is an insurance company, incorporated 'in the sta~e of New York, which ~egularly conducts business in the Commonwealth of'Pennsylvania, with a ·place of business at 2040 Lingiestown Road, Harrisburg, Dauphin COUnty, Pennsylvania. . 17:10 ~ 000000000000000000000000000000000 TO 1G109~0003 P.05/25 3. Beginning on or about june 1~ '1987, and at all relevant . times to this litigation thereafter, Defendant contracted with commercial Union Insurance Company to provide long term disability insura/~ce benefits to the employees of Cox~,~%ercial Union Insurance Company, and the Defendant issued a group long '.term' disability insurance policy setting forth the bonditi0ns of ellgibil~ty, benefits paid,' and restrictions dpon coverage, a copy of which is. attached as ~Exhibit A'." 4. At all relevant times herein, Plaintiff was a full/time' employee of Commercial' union Insurance company, located at 5000 Ritter Road, Mechahicsburg, Ckhmberland County, Pennsylvania, and was an insured~ eligible for and entitled to benefits as .a covered person, under the aforementioned policy. 5. The aforesaid group'10ng term disability ir~suranee policY provides for payment of monthly benefits to an employee, after expiration of'a waiting period, the employee's basic monthly earnings, of sixty (60%) percent of up to $$,000.00 per month, but not less than $50.00 per 'month, for any period of disability. 6. Beginning'On o~ about. September 14, 1993, Plaintiff became nnable to do her job with Commercial Union'Insurance 17:11FR 000000000000000000000000000000800 TO 16109880803 Company, and was fully-and totally disabled, as a result of multiple sclerosis. 7. ~ Upon application by Plaintiff, and after exhaustion of th~ waiting period, on March 14, 1994, Defelidant notified Plaintiff that her claim for 10n9 ~term disability benefits rudder the aforesaid policy was approved, effective February l?, 1994.. $. "Defendant'paid Pla~nhiff long term disability benefit's pursuant to the aforesaid policy for. the period from February 17, 1994 through-July 5, 2000. 9. On July 5, 2000~ Defendant unilaterally and unlawfully 'terminated payment of long term disability beneflt.s ·to Plaintiff pursuant to the'aforesaid insurance policy, despite the .fact that Pl'aintiff remained t~tally dimabl~d and' eligible for benefits under said policy. 10~ On August '30, 2000, pu.rsuant to the-provisions 'of the aforesaid group long term 'disability insurance' D01icy, Plaintiff reqUest'ed ·review by Defendant Of Defendant's denial .of Plaintiff' s'claim for payment of continuing 10ng. te~m di~ability bene fit~. MAR 28 '01 17:11 FR 000000000000000000000000000000000 TO 16109880803 P.07×25 ll. Despite repeated requests by Plaintiff thereafter, Defendant has failed and refused to reinstate payment of plaintiff's long term disability beneflts pUrsuamlt to' the aforesaid policy, and/or to render a determination as to Plaintiff's'request for review'of the decision to deny Plaintiff further benefits. 12. -'At all times from ~uly 5,' 2000 to the Pre~e~ and continuing, Plaintiff has not worked, has been unable to perform any gainful emplgyment, and has remained totally disabled as a result of her multiple sclerosis, and c0mplioations tSer~of. 13. At all times fr~m July 5, 2000 to the present and continuing, Plaintiff has been eligible and entitled to benefite for long ter~ disability pursuant to the aforesaid group insurance poli~y issued by Defendant. 14'. At all times since July 5, 2000, Plaintiff has complied. With her reSPOnSibilities and duties pursuant to the aforesaid contract, including submission to Defendant of p.roof of her COntinuing total disability, as required. .. 15. plaintiff is 'entitled to payment of long ter~ dlsabiIity benefits pursuant to the aforesaid group inzurance poiicy, at a 4 MA~ 2~ '0I i?:11 ~ 000000000000000000000000000000000 TO 16i09880803 M.0S/25 rate of $1,862.50 per month from July 5, 2~00, to the'present and" continuing indefinitely in the [u2ure. 16. Plaintiff.incorporates.by reference the averments of Paragraphs I through 15 above,'as fully as though' herein set forth'at iength. 17. - B~ginning on July '5, 2000,.and con6in~ing to'the present, Defendant breached t.he aforesaid contract of insurance for long term disability benefits, under which Plaintiff is a covered person and beneficiary, by failing, to pay Plaintiff the long term disability benefits she is due pursuant to said policy. 18. Defendant is .obligated, pursuant to the aforesaid group long term disability insurance policy with Commercial union. Insurance company, to pay to. Plaintiff,- a covered person and · beneficiary, long term disability benefi'ts in the a~ou~t of. $1,862.50 per month since July S, 2000 to the present, and continuing indefinitely. into the future. 19.' Defendant'S breach of the a~oresaid long.term disability group ~nsurance policy, pursuant to which Plaintiff is a covered person and beneficiary, has damaged Plaintiff in the amount of M~ 28 '01 17:11F~ 000~00000000000000000000000000000 TO 16109880803 $16,762.50 tO date, monthly basis. WHeREFORe, which said damages eontlnue to accrue on a Plaintiff requests that thi~ Court enter judgment in her favor and award her damages as claimed, plus interest and costs of suit, in excess of the compulsory arbitration l~rait of $25,000.00 for Cumberl~uad County. . ~0~ Ii: PUNITIVE DAMAGES 20. Plainti'ff incorporates by reference the Avermentz of Paragraphs I through .19 above, as fully as though herein set forth at length. 21. Defendant has acted unreasonably] without just cause, arid uxhlaw~ully by ~efusin~ payment to Plaintiff of the aforementioned long term total disability-benefits due her pursuant to the 'aforesaid group disability'insurance policy.. 22. Defendant's actions, as described herein.and above; were wanton, wilful, malicious, and outrageous, and were taken because of Defendant's evil motives and reckless indifference to the rights and property ihterests of Plaintiff. M~ 2~ '01 I7:I1 ~R 000000000000000000000000000000000 TO 23. refusal to pay the long term disability benefits due, is entitled '~o punitiv~ damages, 24. Because of Defendant's.aforesaid bad faith and refusal to pay the long term disability benefits due, Plaintiff is e~titled Go. the payment by Defend~nt of Plaintiff's reasonable attorneys fees for r~presentation in this matter. WHER~FOP~, Plaintiff respectfullyrequests that this Court enter judgment in her favor, in the nature of plk~itive damages against Defendant, of an amount in excess of $25,000~'00, an amount which is grea£er than the Cklmberland County'compulsory interest,'and As a result of Defendant's aforesaid bad faith and Plaintiff arbitratio~ limit, together with.attorneys fees, cost~. Re'sp~otfully ~ubmitted~ .. Richard ~. Maffett, Jr., Esq. 7 M~ ~8 '01 17:1~ F~ 000000000000000000000000000000000 TO 161098808~ I, REBECCA M. ADAMS, have ~ead the foregoing ~omplai~t hereby affirm that it is true and correct to' the. belt of my knowledge, or information and 'belief. This verification and Statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating 6o'.unsworn falsification to authorities; I verify .that all statements made in the f~regoing are tr~. and. correct tha~ false statements may subject me to the..penalties of 18 Pa. C.S.A. ~4904. REBECCA M. ADAMS, Plaintiff M~ 28 '01 17:12 FR 000000000000000000000000B00000000 TO 16109800~OB 0 n... ,, n.,. 0 Z Z Z MA~ 2B '01 17:12 FR 000000000000000000000000000000000 TO 1G10988080~ Mm 2B '01 17:12 FR 000000000000000000000000000000000 TO 16109BB0803 P.14/25 MP~R 2~ '01 17:12 F~ 000000000000000000000000000000000 TO 16109~0~03 P. 15/25 MAR ~8 '01 17:1~ F~ 000000000000000000000000000000000 TO 16109800~0~ P.16/25 MQR 2~ '~1 iT:l~ FR 0000000000000~0000000000000000000 TO ~6~09~00~ P. 17/25 ~ d .4 4 P. tS/25 MA~ ~8 ~01 17:1~ ~ 000000000000000000000000000000000 TO 16109~80003 P.20/25 N~ ~8 ~01 17~4 F~ 0000~00000000~0~0000000000000000 TO ~6~0~88080~ P~1/~% MA~ ~ '01 17:15 ~ 000000000000000000000000000000000 TO P.22/25 M~ ~ '01 1~:1~ ~ 00000000~000000000000000000000000 TO 16109000003 P. 23/25 MAR 28 ~I MAR 28 '01 17:16 ~R 000000000000000000000000000000000 TO 16109880803 P.25/25 (: CERTIFICATE OF SERVICE I, E. THOMAS HENEFER, certify that I served a tree and correct copy of the foregoing notice of removal upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, this 30th day of March, 2001, addressed as follows: Richard F. Maffett, Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Date: March 30, 2001 E. Thomas Hene ef~'r " ~ CERTIFICATE OF SERVICE I, E. THOMAS HENEFER, certify that I served a tree and correct copy of the foregoing notice to prothonotary of notice of removal upon the following counsel of record, by depositing the same in the United States mail, this 30th day of March, 2001, addressed as follows: Richard F. Maffett, Esquire MarTett & Associates 2201 North Second Street Harrisburg, PA 17110 Date: March 30, 2001 E. Thomas Henetor' ' t SL1 151835vl/00000.000 REBECCA M. ADAMS Plaintiff The court of Co~r0on Pleas Ck~berland County Pennsylvania METROPOLITAIN LIFE INSURANCE COMPANY, D/B/A ~TLIFE, Defendant Middle District Court of Pennsylvania Civil Division NO. 01-1379 Civil Civil Action PER ~ HARRISBURG, PA. DEPUTY CLERK Please Acknowledge receipt of this case by signing and dating this document. Record Received: / ~gnature & Title)