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HomeMy WebLinkAbout15-0312 Supreme Court-bf Pennsylvania Cour AAdolf.Cotnnloln,PleaS For Prothonotary Use Only: C `lCover,Sheet Docket No: �� CuakR'LANO .!� County0015-DC13(a1 �iv�C�Ern! The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ©) Writ of Summons 0 Petition E © Transfer from Another Jurisdiction 0 Declaration of Taking • C Lead Plaintiffs Name: Lead Defendant's Name: T ESTATE OF RICHARD LEON DICKMAN SECURITY LIFE INSURANCE COMPANY Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? IM Yes 0 No (check one) ©outside arbitration limits O N Is this a Class Action Suit? M Yes 0 No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Attorney: MARC ROBERTS, ESQUIRE ® Check here if you have no attorney(are a Self-Represented 1Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment © Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S ® Product Liability(does not include � Employment Dispute: E mass tort) ;i ® Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other 0 Zoning Board T 0 Other: I WOther: O MASS TORT X late 0 Asbestos e; *,4 N 0 Tobacco " Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B © Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY n Mortgage Foreclosure:Commercial ®Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title M Other: 0 Medical ® Other: 0 Other Professional: Updated 1/112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ESTATE OF RICHARD LEON DICKMAN No. 0031°Z V (" (ate Plaintiff Civil Action - Law ' VS -•' cn SECURITY LIFE INSURANCE COMPANY Defendant NOTICE TO DEFEND 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 AN 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 1A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 CA S,'75 ppAi'N �q�q 3(5843 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF RICHARD LEON DICKMAN No. VS . Civil Action - Law SECURITY LIFE INSURANCE COMPANY OF OF AMERICA . COMPLAINT 1 . The Plaintiff is the Estate of Richard Leon Dickman, deceased, represented in this matter by its duly appointed Administrator, Marc Roberts, Esquire, of 149 East Market Street, York, Pennsylvania 17401, Letters of Administration having been granted by the Register of Wills of Cumberland County on October 6, 2014, referei:ce to which may be had at File No. 21-14-945 . 2 . The Defendant is Security Life Insurance Company of America, a corporation licensed by the Pennsylvania Insurance Department to provide policies of insurance within the Commonwealth of Pennsylvania, whose principal business address is 10901 Red Circle Drive, Minnetonka, Minnesota 55343 . 3 . During his lifetime, the Plaintiff' s decedent procured a policy of life insurance with the Defendant with a death benefit of $25, 000 . 4 . The decedent' s life insurance policy provided an Accelerated benefit for Limited Life Expectancy of up to $12 , 500 . 5 . Prior to his death, the decedent made application for the Accelerated EE�nefit in the amount of $12 , 500 . 00, as was his right under the policy. Pursuant to this application, the Defendant approved the decedent' s request and processed a check for a net benefit in the amount of $12, 250 . 00, payable to the decedent, which was drawn by the Defendant on July 8 , 2014, and is believed to have been mailed to the decedent on the same date. 6 . After reasonable investigation of the personal papers of the decedent which have come into control of the Plaintiff, no copy of the policy document or of the application for the Accelerated Benefit has been found. Averments as to the above facts can nevertheless be reliably made based upon communications with the Defendant and Defendant' s counsel . A request has been made to counsel to produce copies of the said documents so that they could be attached to this pleading, but no response has been forthcoming. A copy of the check referenced in Paragraph 5 above, which is the specific basis for this claim, is attached hereto and marked as Exhibit A. 7 . The Plaintiff' s decedent died on July 12, 2014, before having negotiated the Defendant' s check. 8 . The Defendant has stopped payment on the check. 9 . The Plaintiff avers that the grant of the decedent' s application for the Accelerated Benefit became complete upon the Defendant' s issuance of the aforesaid check, creating a valid and unassailable contractual right in the decedent to these funds, and the decedent' s death, whether during the period of time the check was in transit, after the check was received, or in either event, before the check was negotiated, is without effect upon the right 2 of the Estate to receive the proceeds of this check on the decedent' s behalf . 10 . The Defendant has taken the position in correspondence with the Plaintiff that the law and the language of its policy are ambiguous, and that it may be in a position where it should regard the payment of the Accelerated Benefit as incomplete . The Defendant has accordingly opted to stop payment on its check and defer payment, until it is made subject to a court order to pay the Plaintiff this benefit . 11 . The failure and refusal of the Defendant to pay the Accelerated Death Benefit upon the Estate' s request by issuing a new check constitutes a breach of its insurance contract and its obligation to the Plaintiff' s decedent and, therefore, to the Estate . 12 . The act of the Defendant in stopping the payment on its check is contrary to the rights of the Plaintiff in this negotiable instrument pursuant to the Uniform Commercial Code . 13 . As a matter of law, the Plaintiff is entitled to interest at the lawful rate on the funds represented by the check from the date these funds would have been available but for the Defendant' s act in stopping payment on its check. 14 . Plaintiff reserves the right to assert a claim for reasonable attorney' s fees if, after examination of the policy document not presently available, it appears that such a claim may be warranted. 3 WHEREFORE, Plaintiff requests your Honorable Court to award damages in its favor in the amount of $12, 500 . 00, plus interest and costs of suit . Respectfully submitted, `Ma erts, Esquire Administrator of the Estate 149 East Market Street York, PA 17401 (717) 843-1639 I .D. No. 34355 4 P101100100I If You Have Any Questions Call Our SECURITYLIFE Customer Service Department PO Box 83149 717-397-2751 or 800-233-0307 Lancaster,PA 17608-3149 Insured:RICHARD L DICKMAN Forwarding Service Requested Claimant:RICHARD L DICKMAN Patient#: O CI ALL FOR AADC 170 Disab Date:03/28/2014 55230-5486 FP 0.460 Group#:0000037967 'I"I'll�l'I11���1111��1�111�1���11�11�11�1111111��11��"�I�11�1� RICHARD DICKMANTAXES WITHHELD 223 PINE GROVE RD 75 FICA' 0:00 z GARDNERS, PA 17324-8946 I-'-I Medicare: 0.00 Federal: 0.00 State/Unemp: 0.00 Local: 0.00 Total: 0.00 EXPLANATION OF BENEFITS me Product Type Payment From&Thru Date Net Benefit Benefit Payable Benefit Paid No. 01 LIFIND 07/07-07/07/2014 12,250.00 12,250.00 12,250.00 TOTALS 12,250.00 12,250.00 12,250.00 Amount Payable 12,250.00 Patient Responsibility 1 0.00 Payee Amount RICHARD DICKMAN 12,250.00 "All claims must be submitted within 90 days of service,or as soon as reasonably possible but no later than one year from the date of service." •t FOR SECURITY PURPOSES,THE FACE OF THIS DOCUMENT CONTAINS A BLUE BACKGROUND AND MIC.R'OPRINTING IN THE BORDER i SecurityLife Insurance Company of/Cmerlca 5i;sb3/42i CHECKNO. 80�897G PO Box 83 '49 i' ,VOID AFTEk.120 DAYS Lancaster,I'A L`Z6083149 F ,ISSIJE DATE 07/08/ 014 PAY ***TWELVE THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLL ARS**x AMOUNT T-1 CDTO THE RICHARD DICKMAN I'— ORDER OF 223 PINE GROVE ROAD C`.l GARDNERS,PA 17324 0 US BANK LL a Authorized Signature DO NOT CASH IF WATERMARK IS NOT PRESENT ON THE REVERSE SIDE OF THIS DOCUMENT-HOLD AT AN ANGLE TO VIEW 00080 1,89 7611' 1:04 2 20 50 381: L 30 L L80 20 2 34u' EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF RICHARD LEON DICKMAN No. VS . Civil Action - Law SECURITY LIFE INSURANCE COMPANY OF OF AMERICA VERIFICATION I, MARC ROBERTS, ESQUIRE, Administrator of the Estate of Richard Leon Dickman, do hereby verify that the facts set forth in the foregoing pleading are true and correct to the best of my personal knowledge or information and belief, and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S . Sec . 4904) relating to unsworn falsification to authorities . Date : MARC ROBERTS, ESQUIRE