HomeMy WebLinkAbout94-02877
\
~" (
,
. J
MICHAEL J. KMAN, JR.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. q'l. :J 1 ? '1 ~ -r.u.-
v.
civil Action - Law
DANI~1L J. STRINKOSKI
and
METROPOLITAN LIFE
INSURANCE COMPANY
Jury Trial Demanded
Defendants
.
.
N 0 TIC E
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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Court House
Court Administrator's Office
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
. J
MICHAEL J. KHAN, JR.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. q-,- 02. i 1'7 C..;;..t-r~
.
.
v.
:
: civil Action - Law
DANIEL J. STRINKOSKI
and
METROPOLITAN LIFE
INSURANCE COMPANY
Jury Trial Demanded
:
:
.
.
Defendants
c 0 M P L A I N T
AND NOW comes Plaintiff, Michael J. Kman, Jr.,
representing himself, and brings this Complaint before the
Court, in support of which he avers as follows:
1. Plaintiff Michael J" Kman, Jr. (hereinafter "Kman")
is an adult individual residing at 109 Meals Drive, Carlisle.
Pennsylvania. 17013.
2. Defendant Daniel J. Strinkoski (hereinafter
"strinkoski") is an adult individual whose last known business
address is 4718 Old Gettysburg Road, Suite 411, Mechanicsburg,
Pennsylvania, 17055
3. Defendant Strinkoski's home address is unknown to
Plaintiff.
4. Defendant Metropolitan Life Insurance Company
(hereinafter "Company") is a corporation with offices at One
Madison Avenue, New York, New York 10010, which regularly
conducts business in the Commonwealth of Pennsylvania,
including. inter alia, in Cumberland County, and further
including the transaction from which the current litigation
arises.
, J
5. At all times pertinent hereto, Defendant Strinkoski
was the authorized agent of Defendant Company, acting within
the scope of his authority as such.
6. On or about January 6, 1992, Plaintiff Kman and
Defendant Company entered into a written contract for
employment. A copy of said contract is attached hereto as
Exhibit "A" and is incorporated herein by reference.
7. At all times pertinent hereto, Defendant Strinkoski
was Kman's direct supervisor.
8. On December 23, 1992, Plaintiff delivered a letter of
resignation to Defendant company through it's representative
John G. Christopher. The effective date of the resignation
was January 22, 1993. A copy of said letter is attached
hereto as Exhibit "B" and is incorporated herein by reference.
9. On or about January 27, 1993, Plaintiff received
acceptance of resignation from Defendant Company through it's
representatives John G. Christopher and Rapheal J. Klinger.
A copy of said acceptance is attached hereto as Exhibit "C"
and is incorporated herein by reference.
10. At all times pertinent hereto, Au, Inc. and Virgil
J. Turrin hereinafter ("Turrin") were clients of Plaintiff.
11. On or about December 11, 1993, Defendant strinkoski
called Kman at his home and made representations while asking
Kman not to resign from Defendant Company or at least not to
show Turrin alternative insurance programs. strinkoski made
these representations with a witness on another line, he cited
his own pay and the well being of the Penn Harris Branch as
, i
the reasons not to disclose all alternatives to Turrin.
12. On or about December 20, 1993, Defendant Strinkoski
contacted Turrin at his place of business requesting a
meeting. At that meeting Strinkoski defamed Kman's character
with slander, calling Kman a "Fuck", a "Son-of-a-Bitch", and
a "Liar". Turrin took handwritten notes of the meeting when
Strinkoski left. A copy of said handwritten notes is attached
hereto as Exhibit "0" and is incorporated herein by reference.
13. Defendant Strinkoski conducted the above mentioned
meeting as a supervisor on behalf of Company while Kman was
employed through Company, and without the permission of Kman,
just cause for action or an active investigation by Company.
14. Over a period of months at the end of 1992 and the
beginning of 1993 Defendant strinkoski defamed Kman's
character with slander and misrepresentations to other
licensed insurance agents and two of Kman's clients who called
the office looking for Kman.
15. At an unknown time after February 1993, Defendant
Strinkoski sent unauthorized representations via facsimile to
Turrin for the purpose of defaming Kman's character with
slander. When Turrin received the FAX he made a handwritten
note. A copy of said handwritten note is attached hereto as
Exhibit "E" and is incorporated herein by reference.
16. Defendant strinkoski made the above representations
on behalf of Company, as a former supervisor/employer of Kman.
17. Defendant strinkoski did not have authorization to
make representations about Kman.
/",t.
!
,
18. On or about August, 1992, Defendant Strinkoski
threatened Kman by proxmiss, stating to Kman that he was going
to hire some "Boys" from Pittsburgh to "Convince" a former
agent, Jerry Ebersol, to pay for his lap top computer. When
Kman stated that his actions seemed "Harsh" strinkoski
proceeded to explain to Kman what happens to people who "Fuck
with me".
Count I - MisreDresentation and Fraud
19. The averments of paragraphs 1 through 18 above are
incorporated herein by reference as if fully set forth.
20. The actions of Defendant Strinkoski on behalf of
Defendant Company constitute material misrepresentations which
were made with the explicit intent to Fraud Kman.
21. As a result of the misrepresentations of Defendant
Strinkoski on behalf of Defendant Company, he has suffered a
loss of reputation, future business and renewals from Turrin.
22. As a direct and proximate result of Defendant
strinkoski's Fraud and Misrepresentations on behalf of
Defendant Company, Kman has suffered financial losses which
are unliquidated at present but which exceed $100,000.
23. The acts of Defendant strinkoski on behalf of
Defendant Company with respect to the material
misrepresentations made to Turrin constitute fraud.
WHEREFORE, Plaintiff Michael J. Kman, Jr. respectfully
requests this Court to enter judgment in his favor and against
Defendants Daniel J. strinkoski and Metropolitan Life
Insurance Company, jointly and severally, in an amount
in excess of $100,000, together with punitive damages in an
amount to be determined, plus interest, costs of this action,
reasonable representation fees, and such other relief as the
Court shall deem appropriate.
Count II - Violation of the Unfair Trade
Practices and Consumer Protection Law
24. The averments of paragraphs 1 through 23 above are
incorporated herein by reference as if fully set forth.
25. The actions of Defendants strinkoski and
Company constitute "unfair or deceptive acts or practices" as
defined in the Unfair Trade Practices and Consumer Protection
Law, P.L. 1224, No. 387, 73 P.S. section 201 et sea.
26. The violations by defendants of the Unfair Trade
Practices and Consumer Protection Law justify any award of
treble damages, pursuant to that statute (73 P.S. section 201-
9.2) .
WHEREFORE, Plaintiff Michael J. Kman, Jr. respectfully
requests this court to enter judgment in his favor and against
Defendants Daniel J. Strinkoski and Metropolitan Life
Insurance company, jointly and severally, in an amount
in excess of $100,000 together with treble damages, plus
interest, costs of this action, reasonable representation fees
and such other relief as this Court shall deem appropriate.
Count III - Violation of civil Riahts
27. The averments of paragraphs 1 through 26 above are
incorporated herein by reference as if fully set forth.
28. The actions of Defendant Strinkoski on behalf of
Defendant Company constitute a violation of Kman's Civil
Rights, whereas their actions will forever
prohibit Kman from liberty and the pursuit of happiness.
29. The violations by Defendants of Kman' s ci vi! Rights
justify an award of treble and punitive damages.
WHEREFORE, Plaintiff Michael J. Kman, Jr. respectfully
requests this court to enter judgment in his favor and against
Defendants Daniel J. Strinkoski and Metropolitan Life
Insurance Company, jointly and severally, in an amount
in excess of $100,000 together with treble and punitive
damages, plus interest, costs of this action, reasonable
representation fees and such other relief as this Court shall
deem appropriate.
Count IV - Violation of
Constitutional Riqhts
30. The averments of paragraphs 1 through 29 above are
incorporated herein by reference as if fully set forth.
31. The actions of Defendant strinkoski have violated
Kman's Constitutional Right to freedom, whereas his threat of
physical bodily harm has caused Kman to fear this litigation
and caused Kman and his family severe emotional distress.
32. The violations by Defendant strinkoski of Kman's
Constitutional Rights justify an award of treble and punitive
damages.
WHEREFORE, Plaintiff Michael J. Kman, Jr. respectfully
requests this Court to enter judgment in his favor and against
Defendant Daniel J. strinkoski, in an amount in excess of
$100,000, together with treble and punitive damages, plus
interest, costs of this action, reasonable representation
fees, and such other relief as the Court shall deem
appropriate.
Count V - Violation of
pennsvlvania Labor Laws of Confidentiallv
33. The averments of paragraphs 1 through 32 above are
incorporated herein by reference as if fully set forth.
34. The actions of Defendant strinkoski on behalf of
Defendant Company violated the Pennsylvania Labor Law, rule
for confidentially when making representations concerning a
past or present employee.
WHEREFORE, Plaintiff Michael J. Kman, Jr. respectfully
requests this Court to enter judgment in his favor and against
Defendants Daniel J. Strinkoski and Metropolitan Life
Insurance Company, jointly and severally, in an amount in
excess of $100,000, together with interest, costs of this
action, reasonable representation fees, and such other relief
as the Court shall deem appropriate.
Count VI- Violation of
pennsvlvania Insurance Code
35. The averments of paragraphs 1 through 34 are
incorporated herein by reference as if fully set forth.
36. The actions of Defendant Daniel J. strinkoski on
behalf of Defendant Company violated the Pennsylvania
Insurance Code, by definition ".. .agents or companies cannot
slander another agent or company...".
WHEREFORE, Plaintiff Michael J. Kman, Jr.,
respectfully requests this Court to enter jUdgment in his
favor and against Daniel J. Strinkoski and Metropolitan Life
Insurance Company, jointly and severally, in an amount in
excess of $100,000, together with interest, costs of this
action, reasonable representation fees, and such other relief
as the Court shall deem appropriate.
By: /1.kc'~-P eM. ~
Mich~l J. KmaJY, Jr. ? /'"
109 Meals Drive
Carlisle, Pennsylvania 17013
Dd~;~' I'?~c(
. "-~~,r"""~~il
)fl''''''''''
',.~ >2i:~"l' IJ~ f> (r~~ ~'J!).(;'=.d:. "till
'Ii'"
, ., ,
f-..+t""~~;, ." ~
, . "'~
/.' ,,~':, ! ,,~ .1-: >
tl:;.o.L.z.,.)~_~,.....;. .. ..'''i?',\~';
(f)
01
(i')
· tto. j'O
;:&10
-".,{,Oo
Pc.( fJlI
HAY 21 Lj 20 rH '9~
-,"J.['H,Ci:
(,: 1~:, F,,:nH<ifL;TAr.y
CUhS~r;t.I~:jQ ~f)VSrY
n.iHl~1'L'iMli4
2.t ~_v,:ll
711~
Cle.0770
e..e.. . J 0 9'10
"'""1'1"
'~. ~ "'jf.!
'.,
~-:--...,
; f
,Ut ...r
.
.
, ,
. -
, .
1" .. I
t
.
, "....
. .
,I'
.
.
-'
"
4,~._.
"
.
"r;.
.-
V E R I F I CAT ION
The language of the foregoing document is that of my own; I
have read and drafted the foregoing document and it is true and
correct to the best of my knowledge, information and belief.
I understand that any false statements made herein are subject
to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: filar ').G" 1"79 y
By:rI&'~d~t~/~9f
hael J. an, tTr.
EXHIBIT A
. "
~ Metroaolitan Ute'
lIiAi' ANOAFFliTATEDCOMPANIEs
".tropollf.n ut. Inlu,..nu Comp_n,
en. """"son~, N6w 'Ibt~, NY IOOJO.J6g(J
Appointment of Account Representative
E>< N/i5/f-
To_I'l.i.c.Au(' C J, htUL,_).A..
';IJ "
You are hereby appointed an Account Representative 01 Melropolitan Life Insurance Company (hereinaller called
"Met'opolitan"). You are aulhorized to 'epresent Metropolitan and any subsidiary, a~ency or company designated by
Metropolitan in writing (herelnaller, "designates"), subject to the lollowing conditions:
1. You are to:
(a) p,ocure promplly whatever licenses are required to enable you to
perform your dulles as an Account Representalive and act al all limes
within lhe scope 01 such licenses; transacl all business wllh Melro.
polilan or any 01 its subsidiaries or designates through and subject to
the general supervision and direcllon 01 the Management ollhe Sales
Office to which you are assigned;
(b) relrain from soliciting, writing or ,eceivlng applications lor insur-
ance, equity producls or annuily contracts lor Metropolitan or any 01
its subsidiaries or designates un Iii you are duly licensed 10 sell such
insurance, equily products or annuity contracts;
(c) commencing as soon as you have been duly licensed to do so,
canvass lor and procure acceptable applicallons lor conl'acls 01
insurance and annuilles 01 all kinds and classes 01 risks and upon
the plans issued by Melropolitan or any 01 its subsidiaries or deslg'
nates. and delive, all cont'acts issued by Metropolitan or any 01 'Is
subsidiaries or designates on such applicallons;
(d) canvass for and procure applications lor equity products issued
by Metropolitan or any 01 its subsidiaries 0' designates subject to the
applicable Slate, Fede,al and Nalional Association of Securilles
Dealers Inc" ,ules and 'egulations with respect to the licensing of
Registered Rep,esentatives and the applicable Slate laws with
respect to the licensing 01 insurance agents to sell equity producls;
(e) procure such applications in sufficient volume as to meet produc-
tion objectives established by the company and the nel production
credit requirement urider the Financing Plan, if you a'e operating
under a Financing Plan;
(I) complete in a manner satislaclory to Metropolitan, training pro,
grams as may be made available Irom time 10 time:
(g) give prompt and courteous service to policyholders and annUl'
tanls whose contracts are lor the time being allotted to your accounl.
and assisl them In realizing the benelits provided by their policies
and conlracts, and make every effort to keep in lorce-and in event
01 lapse, 10 secure the reinstatement 01-';11 such policies and
conlraCls;
(h) receive the premiums, considerations and such other moneys as
you may be authorized 10 ,eceive on contracts lor the time being allot-
led to your account; account for and pay over to Metropolitan, in
accordance with the applicable ,ules and regulations, all moneys paid
10 you as an Account Representalive;
(I) perlorm all the services enumerated above and such other servo
ices as Melropolitan may require in acco,dance With Ihe ,ules and
regula lions and through lhe use 01 the appropriate lorms 01 Melro.
polilan or any 01 ItS subsidiaries or deSignates:
Dale
J (/flU CI,HI 61
19
9)
...-.-
100 (1'691 Prmled In USA
III observe and be bound by the ,ules 01 Metropolitan as they may be
changed by Melropolitan from lime 10 time; including but not limited
10, those embodied in Ihe Manual 01 Instructions for Account Repre.
senlatives and in any supplemental rules and regula lions applicable
10 business 01 Metropolitan or any of its subsidiaries or designates.
2, You are nol authorized to make, aile, or discharge the conlracls 01
Metropolitan or any 01 its subsidiaries or designales: 10 waive lorfei.
tures; or to bind Melropolitan or any 01 ils subsidiaries or designales
in any way not specllically autho,ized in writing by an aulhorized offi,
cer 01 Metropolilan or any 01 its subsidiaries or designales.
3, For each week you actively perform fhe duties 01 your agency
you Will ,eceive an amount determined in accordance with provi-
sions 01 the Compensation Rules and Schedules Manual which
include the applicable commission and compensation schedules
as they may be issued, substituted 0' changed by Metropolitan or
any 01 its subsidia,ies or designales I,om lime to time. You are to
bear all expenses, except those expressly assumed by Metropoli-
tan or any 01 its subsidiaries 0' designates in w'iting, incurred by
you in your capacity as an Account Representative.
4. Your appointment is not a guarantee 01 permanent employment
and may be te,minated by Metropolitan Wllhout advance no lice lor
breach 01 any of Ihe condllions 01 your appOintment and also at any
time ~y two weeks' notIce (or two weeks' compensation in lieu
the real) in writing given to you in person or by mailing such notice to
you, last address as shown on lhe records 01 Met'opolilan. Your
appointment wih Melropolitan may be terminated by you at any lime
on not mo,e lhan two weeks' notice in writing to Metropolitan. Fol-
lowing termination of your appointment, if you have compleled 12
Fiscal Pe,iods your commission accounl will be adjusted and where
applicable lhe excess, if any, of credits over the deblls, including any
oulstanding inte,im paymenls among other things, will be payable
as outlined in the applicable commission and compensation sched-
ules as such schedules may be issued, subslltuled or changed by
Melropolilan Irom time to time.
5, The terms 01 this appointment may be changed only by an autho,-
ized officer 01 Metropolitan in writing and not by any 'epresentative 01
Metropolitan in any 01 its branch, district or regional offices.
6, The commission and compensation schedules and the rules and
regulations of Metropolilan or any 01 its subsidiaries or designales
may be issued, substituted or changed only by an authorized offICer
01 Metropolitan or any ollis subsidiaries or designates in Writing and
not by any 'epresenlative of Metropolitan or any ollis subsidiaries or
designales in any ollis branch, dlst,ict or regional offices.
7. Th,s appolnlmenl supercedes any prior appointment belween
you and Metropolitan.
Metropolitan Llle Insurance Company
B ~.~,L J.'-t;-!~ .-;. ". ~~
y ^llt"\CY V'ICl'.Pf~''''';JU.'rh..;J':(JI\OII S.IIHS M'ill":l;" U -- U .
lHOOOO~178.tH [11891
Temporary Special Agency Agreement
Special Agent
Sales Office
1,'Jt".J.rlf' f 'I. li'pn.n. "!/!.
~ .
n64 Penn iLo.ll.r...i..-!>. 1',:
Metropolitan Life Insurance Company, a mutual life
insurance company incorporated in the State of New
York and having its principal place of business at One
Madison Avenue, New York, New York, hereinafter
referred to as "Metropolitan," and the individual named
above, hereinafter referred to as "Special Agent" in
consideration of the mutual promises and undertaking
set forth herein, hereby agree as follows:
1. The Special Agent. subject to the applicable State
laws with respect to the licensing of insurance
agents, is authorized to represent Metropolitan and
any subsidiary, agency or company designated by
Metropolitan in writing (hereinafter, 'designates') in
accordance with the terms of this Agreement and
to canvass for and procure acceptable applications
for contracts of insurance and annuities of all kinds
and classes of risks and upon the plans issued by
Metropolitan or any of its subsidiaries or
designales.
2. Subject to the applicable State, Federal and
National Association of Securities Dealers Inc..
rules and regulations with respect to licensing of
Registered Representatives and the applicable
State laws with respect to the licensing of insurance
agents to sell equity products, the Special Agent is
authorized to canvass for and procure applications
for equity products issued by Metropolitan or any of
its subsidiaries or designates.
3. The Special Agent agrees to:
a. Procure promptly whatever licenses are required
to enable him or her to perform his or her duties
as a Special Agent and act at all times within the
scope of such licenses: transact all business
with Metropolitan or any of its subsidiaries or
designates through and subject to the general
supervision and direction of the Management of
the sales office to which assigned:
b. Refrain from soliciting, writing or receiving
applications for insurance or annuity contracts
for Metropolitan or any of its subsidiaries or des.
ignates until duly licensed to sell such insurance
or annuity contracts:
060 (0590) Printed 1M USA
I!"!:. MelmDolitan Ute "
W ANDAFFIi.TATEDCDMPANIES
...,ropoIIt.n LIt. 'nauTane. ComlMny
Qlo Mafj,SM 4-??oo. Now 'tbtll, NY JOOrO.J690
c. Deliver all policies and contracts issued by Met-
ropolitan or any 01 its subsidiaries or designates
on such applications and receive the premiums
or considerations payable upon delivery and
such other premiums or considerations and
other moneys as he or she may be authorized to
receive:
d, Account for and pay over to Metropolitan
promptly all moneys paid to him or her as Spe-
cial Agent:
e. Observe and be bound by the rules of Metropol-
itan as Ihey may be changed by the Company
from time to time: including but not limited 10 Met-
ropolitan's applicable commission and compen.
sation schedules, and any supplemental
schedules, rules and regulations of Metropolitan
or any of its subsidiaries or designates provided
such rules and practices do not contravene par-
agraph 11 hereof:
f. Bear all expenses, except those expressly
assumed by Metropolitan or any of its subsidi-
aries or designates in writing, in conneclion with
his or her performance of this Agreement.
4, The Special Agent is not authorized to make, alter or
discharge the contract of Metropolitan or any of its
subsidiaries or designates, to waive forfeitures, or to
bind Metropolitan or any of its subsidiaries or des-
ignates in any way not specifically authorized in writ-
ing by an officer of Metropolitan or any of its
subsidiaries or designates.
5. On business Issued to the credit of the Special
Agent on applications dated on or aller the date of
this Agreement, Metropolitan will pay. and the Spe.
clal Agent will accept as compensation the first-year
commission payable in accordance with the appli-
cable Commission Schedules as outlined in the
Compensation Rules and Schedules Manual, Form
1 C, as such schedules may be Issued. substituted
or revised by Metropolitan and any of its subsidi-
aries or designates from time to time. The commls.
sions on business wrlllen under this Agreement will
be credited on an annualized basis and will be paid
18??oo21057105901
to the Special Agent after this Agreement Is termi.
nated In accordance with paragraphs 6 or 7 below
as applicable, Commissions wi!! be payable to the
Special Agent In connection wllP the change of a
policy or the conversion 01 a Term policy provided
that the policy Is In lorce In the Special Agent's
Agency,
6, The Special Agent shall not aCQ'Jlre any property
right in any business written or serviced by him or
her. In the event 01 the termination of this Agreement
for any reason other than by the appointment of the
Special Agent to the position of Account Represent-
ative, all commissions on business written under
this Agreement that were previously accumulated
but not paid will be held for thirteen months after ter.
minatlon Irom the Company at which time an
Adjustment of Account will be calculated. Any posl.
tlve IIrst-year commission balance will be paid to the
terminated Special Agent at that time.
7, In the event this Agreement is terminated by the
appointment of the Special Agent to the position of
Account Representative. allllrst.year commissions
on business written under this agreement that were
previously accumulated but not paid. and on busl.
ness written under this Agreement that was not
placed until aller appointment to the position of
Account Representative, will be annualized, and
along with any renewal commissions in accordance
with the applicable Commission Schedules as out.
lined In the Compensation Rules and Schedules
Manual. Form 1C, will be credited to the Account
Representative's account and will be payable In
accordance with the compensation arrangements
applicable to Accoun\ Representatives.
8, This Agreement is personal and no rights under it
are assignable,
9. Metropolitan reserves the right to make other
arrangements lor the servicing 01 the business
written by the Special Agent or assigned to his or
her account il it should conclude that he or she is
either temporarily or permanently unable to service
Dated at .
J;'{'eh(1fL.i.C.A'~.'l/Z.(,', iJ,~.
'. t' .' -~
, -
~1
.19
the business or to receive premiums or consid-
erations on such business. In such event any first-
year commissions will be payable to the Special
Agent In accordance with paragraphs 5, 6, and 7
above .
10. This Agreement, which is not a full-time agency
agreement supersedes any other contract or com-
pensation arrangement between the Special Agent
and Melropolitan and any of Its subsidiaries or
designates.
11. It Is the intention of the parlies that the Special
Agent be an independent contractor and not an
employee of Metropolitan or any of Its subsidiaries
or designates and none of the terms of this Agree-
ment shall be construed as creating an employer-
employee relationship.
12. All forms, books, policies and any other material
furnished by Metropolitan shall remain Ihe sole
property of Metropolitan and the Special Agent
agrees to return them to Metropolitan when
requested.
13, The terms of this agreement may be changed only
by an officer of Metropolitan in writing and not by any
management representative of Metropolitan in any
of its branch, district or regional offices,
14. The commission and compensation schedules and
the rules and regulations of Metropolitan or any of
its subsidiaries or designates may be issued. sub.
stituted or changed only by an officer of Metropolitan
or any of Its subsidiaries or designates In writing and
not by any management representative of Metropol-
itan or any of its subsidiaries or designates in any of
its branch, district or regional offices.
15. This agreement may be terminated by either party at
any time, It shall terminate automatically four
months Irom the date the state license was issued
or prior thereto upon the appointment of the Special
Agent to the position of Account Representative,
Metropolitan Lile
~'A~
By ,krt<-
Stgnature of Pe(Jnal EIl8CU1iW
Special Agent
" .
2903 Society IIUI Drive
Apnrtment #310
Cnmp lIill, Pa. 17011
December 23, 1992
_yi .r" )/
j~ ~ h 9 r"
ffi:tfV
Daniel J. Strinkoski, Branch Manager
Metropolitan Life
2000 Linglestown Road, Suite 108
lIarrisburg, Pa. 17110
Dear Mr. Strinkoski:
II
.~ lIS
€,;t. n//3, 7
At this time I must respectfully give advance notice of my intent
to resign. My last official day of work will be 1-22-93. This will
also be my last pay period.
I have enjoyed working with you this past year. In retrospect, 1992 as
a whole, was very successful. 1I0wever, as Metropolitan's direction
has changed, so has mine.
I wish you success and happiness in your aew cnreer pnth. If ever
I can help you in any way please don I t hesitate to call.
Rr.RPeZ:lY,
t!,~., J. (!.J-
Associate Branch Manager
" .
EXHIBIT C
".,",.1111I' Ut.I...,.... C..,..,
Sull. 411, 4718 Old GettySburg Road
Meehanlc.bulg, PA 17055
eM:. Metropolitan Life'"
WAND AFFIUATED COMPANIES
John 8. Christopher. CLU
Agency Vlce.Presldent
PersonallnsuranclI Marketing
1E)(,1/-,'4; '-I
'~'
c.
Mr. Michael J. Kman, Jr.
Account Representative
Penn Harris, Pennsylvania Branch
Dear Mr. Kman
Your termination of your employment with this Company is
acknowledged and accepted effective January 22, 1993.
Your interest in commissions will cease as described in Clause
321 of the Compensation Rules and Schedules Manual, Form 1C. If
you have completed 12 fiscal periods, the Adjustments of Account
following termination will be made in accordance with the terms
of your appointment as outlined in Schedule IX of the
Compensation Rules and Schedules Manual, Form lC.
We remind you that when you were appointed, you signed an
Agreement, Form 16449. In executing this Agreement, you have
accepted certain restrictions on your activities over the next 18
months and have undertaken certain obligations if you continue to
engage in the business of insurance during that period.
Metropolitan expects you to honor your obligations under the
Agreement and is prepared to take whatever steps it deems
necessary to protect its interests as set forth therein.
The attached Forms I&R318 and I&R379 outline the provisions
regarding termination of coverage, your right of conversion and
the option to continue your group medical insurance and dental
coverage under the Company's Insurance and Retirement Program.
~x~~
John G. Christopher, CLU
Agency Vice-President
January 25, 1993
" .
EXHIBIT D
~
.. .t .
. , .
(1r,f/i./J-'e /LR~,d- ~ /r-' 1'1-",
t?'t:/I/v tL-- ,~ t1 4- of-
, /. '
. ' -, . Z' ~: jc''f
? ,- ,)~
" , 4,).. f ',e.c -l ~/""
~ ~/er~*i/-lMJ/ /!/..f r'
_ _:'~r-I1~~ rr~<;j f)-!-.;;;rL/re
_ ~J ""/Uk 1Jt.t.~."2J.rfIJP -fr1l'Kk idi:
lo/ifluLc- 11 ~~5. ~ ])V'I1 r:' .,
~ ~~. t~7;' ~~ t."DI'lfW1z,,:--OAI r
_. . /.J Jvb'J"rh~~ ,~<Q , '.'
.
. .. . '
Sk'~ /lc~v~-?~,,;' ~_..~Ie~
J;~~s. &<!,',f~";J ~AJ._'
~~( /l L/~~.fl'~~k
. 4- A s~~t It f.',.fvl~, ,."
JJ/lfrJ- IAj;~ J}'/"'-f-Ir::"~x'~~.
fl JllI('~/ ~~rr ;fJl,/lP#~;;".I,
, r . . . ~
WIIS ~~)~ -br.f!~c'/{ ~/f;t~/lt1t~
~ IVI:r-;-!v /l1~Je-) 1!1ljV~ /P,(J~"
/-Ie C"" /ll?c/'<<: ~#-'A: I'l.. 7(.:>k,~
-
Ie '/. H ,'/3': -r "D 1 0
I
; I
I'
I'
I:
, .
I'
: .
I.
I;
I:
I
..
i i
I ~
! .
I'
. "
EXHIBIT E
, "- ~.:. L' . ~
;..'~~.. 7f _.~ ~ 't/.;
, f~k. :,~ ,~e "'i.,:~-
. - '
_-:,.,:. ',"'.' . ..." ". ",IIA-d~
, ___ __ _ _ ..., .. _ _ . 1_'/~' ~
7A.-: . ,:..~
....... II ....'l ';A.i: .-& "r
. ,j--pJ - '---(" -..- " .
. S . :A>J~' ~.,! ,"
, . ~A/-;: a_p:%~ .Co .'. #. ". _
'-p~c,,'1-'1f'~~,L0j-~' ',' ,
.:..,-'~""~o-eo (t9~11 ~t: iI//'
_ [?fJ J,'.'-;~ ffi m I~' /7;, ,
'""~ '-"'~'/I/"I /.$~~ -II?"I!-/;,-
_..: . ,_~,J,<~'~4! Lfkf: ~JCa~'~
__ _ _ - f7 - > . - . .. " .
. . -
- .
.'
..: Ii
, i.
.
. '.. .
. ,
--
-~,~~- ),f/~' fj,;! -h ~ l' ;~~(d
. -;rc~/(.PH--f(JI,f-t.o:j),.f'" ur-
.'::--~"-~-1J~ (kJr~A-~.p'f" -
-1h~- , ' .. ..
" .... . ,
. -- . . .
. .. _ . . '. _ ' ,t
..' . . ... ... ~.. . ....
. '. \ .
I
I
i
,
i
I
II
I
!
!
I
"C II
fi X H" 8/-1- '"
,
I
, ,
,
PRAECIPE FOR LISTI:'<G CASE FOR TRL\L
(~tuSI be typewriuen Jnd submimu in duplicJIC)
TO THE PROTHONOTARY,OF Ct.:~IBERLAND COU:-ITY
Ple~sc !ist tlle :\JilowlO~ ..::se;
r C:,eek ,)ne)
( X
(or Jt:RY ~:i:1l :It :h.: ::e:tt :e:rn .,i' .:~\'tl ~:Jur:.
( ) (er (ri:ll witheUI 3 JUry,
-----------------------------------------------
OPTION OF CASE
(entire c3ptien musI 'Je Sl3ted In full)
(ehecl< ~ne)
MICHAEL J. KMAN, JR.,
( X ) Assumpsit
( ) Trespass
( ) Tresp3ss (~\eler Vehicle)
( )
(elher)
(Pl3inlifi)
YS,
The trial list will be called on
12/30/97 and
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
Trials cOllllllence on 2/2/98
(Defendanl)
Pretrials will be held on 1/7/98
(Briefs are due 5 days before pre-
trials. )
(The party listing this case for trial
shall provide forthwith a copy of the
p'raecipe to all counsel, pursuant to
toca1 Rule 214-1.)
,
Ys.
Se. ?R77
Civil
I 9 2.2....-
IndicJle Ihe 3110rne>' who "111 II)' _;u. fe, the ?rty who tiles tius p'3eClpe: John W. Purcell. Jr.
1719 North Front ~trp-et. HRrri ,",hIlTP. PA 17 t 0'
Indicale ui:ll ceunsel'fer ether parti.. if known: Veronica W. Saltz. Frev. Petrakis [,
Deeb, 1601 Market Street. Sixth Floor. Philadelohia. PA 19103
This ;as< is reacy fer tri:ll,
Sigr.ed:
?'tnl :\""e:
Purcell. Jr.
Date:
December I. 1997
Al:orn~y flJr;
Plaintiff
" ~r,~i',". -,'
. ""....'
'-', ,.;:" ''''';'.'' """"~~",,,1, '-,'I'.J&,' ..0\
,'''' . .' "~""-'l.o":_~\-"''''-''-:~q~~"'''''';f:~~.,.+th''''''iF':,''-~~t"~~,,,.~,!.t'''''"''^'''....._.,,,...._.~~~.~::
"
AlED-OFFlCE
OF THE FPOTHONOTN1Y
91 DEe -2 All \0: 05
CUMSERU'N') COUNTY
, PENNSYLVg~!,\
."
----'.~.,-, ",,-,
. ~"--<'.~
,
.
I"
. "
. .
f tI .
tI'
..
(I'
.
.::--
, ,
-
I ...
.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Defendants
)
)
)
)
)
)
)
)
)
)
)
AUG 1 9 1934
LANes gwOlI CLERl~
PER_
NO, I:CV. 94.1019
I'vo. ~Lj - ),811
JURY TRIAL DEMANDED
MICHAEL J, KMAN, JR"
Plaintiff
vs.
=
THE METROPOLITAN LIFE
INSURANCE COMPANY and
DANIEL J, STRINKOWSKI
1. CALDWELL
ORDER
This cause coming to be heard upon Motion of the Defendants, pursuant to a Stipulation
between the parties,
It is hereby ORDERED that the Defendants' Motion is GRANTED. Counts m and IV of
Plaintifi's Complaint are dismissed with prejudice. Judgment is entered in favor of Defendants
and against the Plaintift' on Counts ill and IV.
It is further ORDERED that Defendants' Counterclaim is dismissed, without prejudice,
The Court finding that the basis for federal jurisdiction has been disposed of by dismissal
of Plain tift's claims involving federal questions, this matter is hereby remanded to the Court of
Common Pleas of Cumberland County, Pennsylvania for further proceedings.
;' q l%Lct~",j
~' ~TV.
....
.
The Plaintiff is granted leave to file an Amended Complaint on or before September 9,
1994, and the Defendants shall have until September 29, 1994 within which to answer or
otherwise plead to such Amended Complaint
Dated: .
~/Iqlc;{
~L~
Judge CaldweU
=
-
O~~ICE O~ THI CLERK
UNITED STATES DISTRICT COURT
LANCe S, WILSON
Clerk
".IDO\.I DIIT"ICT 0' ~INN.YLVANIA
u.a. COURTHouse
ISI HOftTH WAaHINGTOH AveNUI. ".... 411
P.O. lOX "..
SCRANTON. POA 1111101'11.11
.11 .&~"YI"". ..w. ,,,,,.....
""0 TI"M O. CA.' .....
".....0.. ,....1',..
Dlvlalonal Olllen
(717) ~7 .0205
FAX (717) ~7.5067
Ha'rlaburg: (717) 782~
Wllliamapo": (717) 323-6380
Sept. 6, 1994
Larry Welker, Prothonotary
cumberland county Court House
Hiqh & Hanover Sts.
Carlisle, PA 17013
.
.
In re: Michael ban, Jr., v. Ketrpolitan Lite Insur.
K.D. of PA case No. 1:CV-94-1019
cumberland Co. case No. 94-2877 Civil Term
Dear Kr. Welker:
Attacl1ed you will find i\ copy of the Order
entered by Judqe Williu Caldwell on Auqust 19, 1994. The
Order remands this action to your court. As you will further
note, an extension until Sept:eJDber 19, 1994 has been qranted tor
the tilinq ot an amended COIIplaint in your court.
Your record was never transferred to us, theretore
there is nothinq to return to your off ice.
Kinclly aclcnovledqe receipt of the order by
siqnlnq the copy of this let't8r.
=
Very truly yours,
Received by:
Lu.
CI.ER:K
'"
Date:
'-', "~,"':".,~"<'"
""-''''7,i!'''n\,:J!;."'~:',"t'",~"" "Y
"",.,
['I~:'
~::"...
....,
..''.'.....'...v:'.,,'''~...,~:,.
-~ .~ .
\
Ser 1
2117 fH '9~
f i I u;-OFFIOE
of l~t Pi\OlHOH01A~Y
CUHoERLI.JlO COUIITY
PEHNSYlVAHIA
~
',.
-'
--
4
.
I'
\
.
t"
,,,
. ....
,
.
- .
t1
.
.
-.
,
. .n"
'~._..
SHERIff'S RETURN
CXM>IONWEAL'Il1 Of PENNSYLVANIA:
COUNl'Y Of CLMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
NO. 94-2877 Civil Term
Complaint in Civil Action Law
and Notice
Michael J. Kman, Jr.
VS
Danial J. Strinkoski and
Metropolitan Life Insurance Company
SERVE: Danial J. Strinkoski
Timothv Reitz
, Sltixm~ Deputy Sheriff of
Cunberland County, Pennsylvania, who being duly sworn according to law, says,
that he served the within Complaint in Civil Action Law and Notice
upon Danial J. Strinkoski
, the defendant, at
1:55
o'clock
P .M. ~lfJt / EDST, on the
, 1994 at
01
day of
June
4718 Old Gettvsburq Road, Mechanicsburg
Pennsylvania, by handing to Danial J. strinkoski
, Cunberland County,
a true and attested copy of the Complaint in Civil Action Law and Notic~
and at the same time directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
r~~~~
14.00
7.28
2.00
23.28 pd. by atty.
6-02-94
R. Thomas Kline. Sheriff
by r/~JJ~?J~~?
Deputy Sheriff ~'
Sworn and subscribed to before me
this 1'/ l!- day of ( }. . ~_
19_~ A.D.
\,,) I ~ C J'lt. fir. - ,,(iu'C'l'
(f-'t I I
Prothonotary
Michael J. Kman, Jr.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2877
Plaintiff
v.
Civil Term
Daniel J. Strinkoski
and
Metropolitan Life
Insurance Company
Defendants
Jury Trial Demanded
To: Daniel J. Strinkoski
Metropolitan Life Insurance Company
Date of Notice: June 24, 1994
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CARLISLE, PENNSYLVANIA 17013
711-240-6200
I
- ~
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2877
Michael J. Kman, Jr.
v.
Civil Term
Daniel J. Strinkoski
and
Metropolitan Life
Insurance Company
Jury Trial Demanded
Defendants
CERTIFICATE OF SERVICE
I, Michael J. Kman, Jr., on this 24th day of June, 1994,
hereby certify that I have served a copy of the foregoing Notice to
the following person, by both Certified Mail, return receipt
requested, and First Class United States Mail, postage prepaid.
Daniel J. Strinkoski
4718 Old Gettysburg Road
Suite 411
Mechanicsburg, Pennsylvania 17055
-=--
.'
~~~-["'~5'?"i!,,'!~;fi,,(;"-m;\i!_l1)il rirn~~f ,1H!lIll ~,f,,",'" ' I' in.n_I...."'._,~......,,<~-
J
'\
JUH N 4 13 PH t9~
'/-/
,_ ,)' t> rrt;E
vI" ,,' ," H',:I"H.r.y
CU ~ln '_~HO ~("jsn
P:;HU'3 '(L\'J\~i:1.
:
....;..,-..................~_. ~..
J.>il-J
~--"""'"_.---,-~.~..
. f
J ~4
c,"
.
to
.,
"
.
..-z.
I)
\
,.-
.
, .......
.
"
".
..
II'
--
-::r
~ ~,~:*
=-=
Ct_
In
<.:>
M
en
<>-
....
V'1
~
",:i! ..
iJ:> w
U ~
..,>l -g~ E-< ~
p..",
zsa~ z
ro::> H "
oww '" :5 ~
-p..E-< . HZ
>'! c::l e;:::: :<:H en e:
o ..~ (.zJ '" ... C5 ~
U~~I ..... ow "
.... ~~ ro U ~
"-'ZH ~;1 't:l
O::>U H'" " c::l
0 !:!.:'l e>: OJ w
E-<U c::l !ri:i! ... c::l 1
e>: ... p.. OJ ~
::>~....., . E-< c::l
o <0< ..., . H I~
U NH ...,.., .
'e>: .., ..,2~
~~""'f-l W en
:I:WO- :!i ;> wo ".
E-<~ ;>< He>:~
Z ci!5 u :i!~o
H
I-tUZ~ :r: c::l U
'-1-
......~ ~
"
-
.."t....,. .. ,
~, .. ~
... . . ,
4,~.
...
, .
~
,,~
t
, ,
'- I:,
J
.J
MICHAEL J. KMAN, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2877 CIVIL TERM
vs.
DANIELJ, STRINKOSKl
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendants
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 amended complaint and notice have
been served. To defend against the aforementioned claims, a written appearance stating your
defenses and objections must be entered and filed in writing by you, the defendant, or by an
attorney. You are warned that if you fail to take action against these claims, the court may
proceed without you and a judgement for any money claimed in the amended complaint or for any
other claim required by the plaintiff may be entered against you by the court without further
notice. You may lose money, property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa, 17013 -- (717) 240-6200
NOTICIA
Le han demandado a usted en la corte, Si usted quiere defenderse de estas damandas expuastas
en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y
la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar
en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona,
Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra
usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDlATAMENTE. SI NO TIENNE
ABOGAD 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A DlRECCION SE
ENCUENTRA ESCRIDA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa, 17013 n (717) 240-6200
..'
I
~ ,.
J
.
J
S. At all times pertinent hereto, Defendant Strinkoski was employed by Defendant
Metropolitan as Kman's direct supervisor.
6, On or about December 23, 1992, Kman delivered a letter of resignation to Defendant
Metropolitan through its representative John G. Christopher. The effective date of the resignation was
January 22, 1993, A true and correct copy of said letter is attached as Exhibit "B",
7. At all times pertinent hereto, Kman was employed as an Account Representative and an
Associate Branch Manager of the Metropolitan Life Insurance Company,
8. At all times pertinent hereto, Kman also acted as a broker and held various licenses with
other companies,
9, As an Account Representative of Metropolitan, and a broker, Kman was authorized to
solicit clients and write contracts and policies of insurance for such clients.
10. At all pertinent times hereto, Au, Inc, and Virgil J. Turrin and Pauline Turrin, his wife,
(hereinafter "Turrin"), were clients of Kman.
II. Prior to giving formal written notice of resignation to Metropolitan, Kman informally
made it known to Defendant Strinkoski that it was his intention to resign in the near future.
.'
I
.. ,
'.1
.
J
12, During the course of the previous year, Kman has expended considerable effort and time in
preparing a business consultation and estate and personal financial plan for Turrin and his company, in
addition to administering the group benefits for the corporation.
)3, In particular, Kman had written whole life policies on Turrin's wife, employees, group
health plan for the corporation, group dental plan for the corporation, Medicare supplement insurance
for Turrin, and supplemental medical insurance for corporate employees, all of which generated
commissions for the Plaintiff.
14, One of the last policies of insurance Plaintiff was able to write for Turrin was a life
insurance policy on Turrin's life, for purposes of estate conservation, which Plaintiff was able to secure
through John Hancock Mutual Life Insurance Company (hereinafter "John Hancock"),
I S. The policy was secured through John Hancock, in lieu of Metropolitan, because John
Hancock was able to provide more insurance at a more favorable rate than could be provided by
Metropolitan.
16. On or about December II, 1992, Defendant Strinkoski, aware of Plaintiff's impending
resignation, and the John Hancock policy prepared for Turrin, called Kman and begged him not to
resign from Metropolitan,
....
. '
"r,
.
J
17, When it became clear that Plaintiff intended to resign from Metropolitan, Defendant
Strinkoski then begged Plaintiff to refrain from showing Tunin any alternative insurance programs,
other than those written through Metropolitan.
18. Plaintiff refused to compromise, what he considered, his client's best interests,
19. Plaintiff believes and therefore avers that on or about December 20, 1992, Strinkoski
contacted and met with Tunin at his place of business.
20. Plaintiff believes and therefore avers that at that meeting, Strinkoski made statements
concerning Kman to Tunin for the sole purpose ofinducing Tunin to cancel insurance previously
purchased, and to lure Tunin, as a client, away from Kman.
21. In particular, at that meeting, Strinkoski called Kman a "fuck", "son-of-a-bitch", and a
"liar".
22, Strinkoski further told Tunin that Kman stole accounts from a worker Kman was breaking
in.
23, Plaintiff believes and therefore avers that at the same meeting, and at other times,
Strinkoski made misrepresentations concerning the quality and fitness of the insurance Kman wrote for
Tunin through John Hancock.
"
. '
.. r,
J
.
,
24, The representations that Strinkoski made to Turrin were false.
25. Defendant Strinkoski knew the falsity of the statements made, andlor acted in reckless
disregard as to the truth or falsity of the statements.
26. At the time of this meeting, Strinkoski was acting as Kman's immediate supervisor, and
was acting on behalf of Metropolitan as a duly authorized employee and representative for
Metropolitan,
27, Over a period of months at the end of 1992 and early 1993, Strinkoski further made untrue
statements concerning Kman's character, to other licensed insurance agents, and to clients ofKman
who called the office looking for Kman,
28, Shortly after February, 1993, Strinkoski sent, via facsimile, a copy ofa newspaper article
concerning allegations about PlaintitTand his wife relative to alleged abuse of their daughter,
29, Said newspaper article, having nothing to do with the Plaintiff's or Defendant's business,
was sent to Turrin for the primary purpose of coercing Turrin to take his business away from Kman
and put it with Defendant Strinkoski and Defendant Metropolitan.
30. Defendant Strinkoski forwarded the aforementioned facsimile to Turrin in his capacity as a
fonner supervisor ofKman, and an employee and supervisor working for Metropolitan, and as a duly
authorized agent thereof.
,
r
.
~ ,.
31, As a result of the Defendant Strinkoski's misrepresentations and statements to Turrin,
Turrin canceled all insurance, both personal and corporate, written by the Plaintiff.
32, As a result of the cancellation of insurance, Plaintiff received chargebacks and his
persistency rating within the insurance industry was reduced, which results in a lower calculation of
commissions across all insurance written by the Plaintiff,
33. Plaintiff had a reasonable expectation, given his relationship with Turrin and his
corporation, that he would continue to receive commissions based on the previously written policies,
and future policies to be written.
34, Plaintiff believes and therefore avers that, absent Defendant Strinkoski's active
misrepresentations and inducements, Turrin would have remained a lucrative client, providing renewal
commissions for years to come.
35, Defendant Strinkoski's actions and representations had the primary purpose of depriving
Plaintiff of a lucrative business relationship, and a source of income from which Plaintiff supported his
wife and family.
36. Defendant Strinkoski's actions, statements and misrepresentations were wilful, malicious,
and outrageous.
.' ,
; ,
, ,. .
.
J
37. Plaintiff did not become aware of the statements and misrepresentations Strinkoski made to
Turrin until they were disclosed by Turrin in response to discovery requests in another lawsuit in or
about May of 1994,
COUNT I
MICHAEL J. KMAN, JR. v. DANIEL J. STRINKOSKI
TORTIOUS INTERFERENCE WITH A BUSINESS RELATIONSHIP
38, Paragraphs 1 through 37 are hereby incorporated by reference as ifset forth at length,
39, Plaintiff had a valid, existing, and lucrative business relationship with a third party, i,e.
Turrin,
40. Plaintiff had a reasonable expectation of continuing economic gain resulting from this
relationship,
41. Defendant Strinkoski, acting on behalf of himself, and as a duly authorized representative
of Metropolitan, engaged in conduct which had an adverse effect on Plaintifi's continuing business
relationship with Turrin,
42. Defendant Strinkoski intended to cause destruction or harm to the relationship between
Turrin and Kman,
. ,
,J
f '
( ,. .
.
43, Defendant Strinkoski's conduct was the proximate cause of the destruction of the business
relationship between Plaintiff and Turrin,
44. Plaintiff has suffered damages resulting in lost commissions and renewals resulting from
the loss of the following policies:
(a) Pauline A Turrin - whole life
(b) Au, Inc, - employee whole life
(c) Au, Inc, - group health plan
(d) Au, Inc, - group dental plan
(e) Virgil Turrin - Medicare supplement
(1) Virgil Turrin - investments
(g) Pauline and Virgil Turrin - IRAs
45. As a proximate result of the conduct of the Defendant Strinkoski, Plaintiff has lost
renewals on all of the aforementioned policies, and on policies generated by Virgil Turrin's estate
conservation plan for the indefinite future,
46, As a proximate result of the Defendant Strinkoski's conduct, Plaintiff has lost income as a
result of a decrease in his persistency rating on his entire block of business.
47. Plaintiff believes and therefore avers that Virgil Turrin, as a result of the representations
made to him by the Defendant Strinkoski, directly or indirectly, caused his associate, Mark Carbone, to
"
I '
, ,. .
.
cancel insurance which Kman had procured for the said Mark Carbone, causing a loss of income to
Kman thereby,
48. As a direct and proximate result of Defendant's statements and misrepresentations, Turrin
has brought suit against the Plaintiff based on his estate conservation plan, which if successful, may
result in a possible commission chargeback to Plaintiff,
49. Defendants, by making the representations referenced above, have violated the Unfair
Insurance Practices Act, 40 P.S. ~ 1171,1 et seq, and the regulations promulgated thereunder and under
similar statutes,
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment
against Defendants, both jointly and severally, for unliquidated damages exceeding the jurisdictional
amount requiring arbitration, punitive damages, attorneys fees, plus costs of this action, interest and
other relief this Court may deem appropriate.
COUNT II
MICHAEL J. KMAN. JR. v. DANIEL J. STRINKOSKI
DEFAMATION
50, Paragraphs 1 through 49 are hereby incorporated by reference as if set forth at length,
51. At all times pertinent hereto, Kman was not a public figure.
"
4
~ ,. I .
52, Defendant Strinkoski made defamatory remarks concerning Plaintiff's honesty, character
and professional integrity.
53, Defendant Strinkoski published the above referenced statements to Turrin and others,
54. Defendant Strinkoski, in his communications with Turrin and others, specifically referred
to Plaintiff as the focus of his communications.
55. Turrin and the other recipients of Defendant Strinkoski's communications understood that
these communications refer to Plaintiff.
56. Turrin and the other recipients of Defendant Strinkoski's communications understood that
these communications were defamatory toward Plaintiff.
57, Defendant Strinkoski was not privileged to make the above referenced communications,
58. As a direct and proximate result of the Defendant's conduct, Plaintiff has been injured as
aforesaid,
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against
both Defendants, jointly and severally, for unliquidated damages exceeding the jurisdictional amount
requiring arbitration, punitive damages, attorneys fees, plus costs of this action, interest and other relief
this Court may deem appropriate.
. . "
, ' . .
I ,. I .
COUNT III
MICHAEL J. KMAN. JR. v. DANIEL J. STRINKOSKI
DEFAMATION PER SE
59, Paragraphs 1 through 57 are hereby incorporated by reference as ifset forth at length,
60, By making the statements referenced above, Defendant Strinkoski, has defamed Plaintiff
concerning his business and profession,
61, By making the statements referenced above, Defendant Strinkoski, has defamed Plaintiff
concerning alleged criminal charges unresolved at the time of communication,
62, As a result of the Defendant's conduct, Plaintiff has been injured as aforesaid.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment
against Defendants, both jointly and severally, for unliquidated damages exceeding the jurisdictional
amount requiring arbitration, punitive damages, attorneys fees, plus costs of this action, interest and
other relief this Court may deem appropriate.
COUNT IV
MICHAEL J. KMAN. JR. v. METROPOLITAN LIFE INSURANCE COMPANY
BREACH OF CONTRACT
63, Paragraphs 1 through 60 are hereby incorporated by reference as if set forth at length,
" , , .
,
.
. .
, .'
64, Defendant Metropolitan had a valid employment contract with Kman,
65, It is believed and therefore averred that Defendant Strinkoski knew of the employment
contract between Defendant Metropolitan and Kman,
66, The employment contract, and all manuals referenced therein, between Defendant
Metropolitan and Kman, had an implied covenant of good faith and fair dealing,
67, Defendant Strinkoski made many of the above referenced communications while Kman
was still an employee of Defendant Metropolitan,
68. As a result of Defendant Strinkoski's actions and communications, he has breached the
implied covenant of good faith and fair dealing in the employment contract.
69. Defendant Strinkoski's breach of said covenant was a result of his defamatory and injurious
communications to others concerning Kman.
70, As a result of Defendants breach of the implied covenant of the employment contract,
Kman has suffered considerable economic damage,
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment
against Defendants, both jointly and severally, for unliquidated damages exceeding the jurisdictional
, "
"
. ~
amount requiring arbitration, punitive damages, attorneys fees, plus costs of this action, interest and
other relief this Court may deem appropriate,
COUNT V
MICHAEL J. KMAN, JR. v. DANIEL J. STRlNKOSKI
DISPARAGEMENT OF PLAINTIFF'S SERVICES
71. Paragraphs 1 through 70 are hereby incorporated by reference as if set forth at length,
72, Defendant Strinkoski has published the above referenced defamatory communications to
clients ofKrnan including, but not limited to, Turrin.
73, As a result of Defendant Strinkoski's communications, Plaintiff has suffered economic
damage and has been unable to sustain his prior economic position.
74. Defendant Strinkoski published these communications knowing them to be false or with
complete disregard as to their truth.
75. Plaintiff's ability to make a living and perform his occupation is based upon his good
character, integrity, and personal relationship with his clients.
76. Defendant Strinkoski knew or should have known that these communications would
adversely affect Kman.
"
, -
. " .
81, It is believed and therefore averred that Defendant Metropolitan benefitted from Defendant
Strinkoski's actions and communications concerning Kman.
82, Defendant Metropolitan knew or should have known of Defendant Strinkoski's actions in
defaming, humiliating, and disparaging Kman and his services.
83. Defendant Metropolitan is liable for all damages under the doctrine of Respondeat
Superior.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against
Defendants, both jointly and severally, for unliquidated damages exceeding the jurisdictional amount
requiring arbitration, punitive damages, attorneys fees, plus costs of this action, interest and other relief
this Court may deem appropriate,
Respectfully submitted,
PAw~ dYC1'l,? 8'"~/k1<
1 hn W. Purcell, Jr.
.D, 29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
. .'
. .
. ,
. "
,', I,
VERI FICA nON
I verify that the statements made in the foregoing
amended comnlaint
are true and correct.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
Date: September B. 1994
.
-,
:
'.
.
c!V!, MetroDOlitan Ute"
W ANDAFFILlATEDCOMPANIES
".rropallt.It UI. '"..,,".nc. Comp.",
()-Jlt Madrson~. Nftw \tlf'. NY IOOK).JGPO
Appointment of Account Representative
To PI i eft a ~ P J-.-...lUrwr> J l n IC lC J, , '9/.,." 1/ u
You ara hereby appDinted an Account Representative 01 Metropolitan Lile Insurance CDmpany (hereinalt'Jr called
"Metropolitan"), You are authorized to rep,esent Metropolitan and any subsidiary, agency or company designated by
Metropolitan in writing (he,einalte" "designates"), subject to the lollowing conditions:
1. You are to:
(a) , procure promplly whalever licenses are requi,ed to enable you 10
perform your duties as an Account Representative and act at all times
wilhin the scope 01 such licenses: transact all business with Metro-
politan or any 01 its subsidiaries or designates through and subject tD
the general supervision and direclion ollhe Management 01 the Sales
Ollice to which you are assigned:
(b) relrain Irom sOliclling, wrlling or receiving applications lor insur-
ance, equity products or annuity contracts lor Melropolitan or any 01
lis subsidiaries or deslgnales until you are duly licensed to sell such
Insurance, equity products or annully conlracts;
(c) commencing as soon as you have been duly licensed to do so,
canvass 10' and procure acceplable applications for conl,acts 01
insurance and annuities 01 all kinds and classes 01 risks and upon
Ihe plans issued by Metropolitan or any 01 its subsidia,ies or desig-
nates, and deliver all contracts issued by Metropolitan or any 01 its
subsidiaries or designates on such applications:
(d) canvass 10' and procure applications 10' equity products issued
by Metropolitan 0' any 01 its subsidiaries 0' designates subject to the
applicable State, Fede,al and National Association 01 Securities
Dealers Inc.. rules and rpgulations wllh respect to the licensing 01
Registered Represenlatives and the applicable State laws with
respect to the licensing 01 insurance agenls to sell equity products:
(e) procure such applications in sulllcient volume as to meet produc.
tion objectives established by the company and the nel production
credit requirement under the Financing Plan, II you are operating
under a Financing Plan;
(I) complete in a manner satislactDry 10 Metropolitan, training pro-
grams as may be made availabte Irom time to time:
(g) give prompt and courteous service to policyholders and annui.
tants whose contracts are for the time being allolled to your account,
and assist them in realizing the benefits provided by their policies
and contracls, and make every ellort to keep in force-and in event
01 lapse, to secu,ethe reinstatement ai-ail such policies and
contracts;
(h) receive the premiums, considerations and such other moneys as
you may be authorized to ,eceive on contracts 10' the time being allot-
ted to your account: account lor and pay over to Metropolitan, in
accordance with the applicable rules and regulations, all mDneys paid
to you as an Account Representative:
(I) perform all the services enumerated above and such other serv,
Ices as Melropolilan may ,equlre in accordance with the rules and
'cgulallons and through the use 01 the appropriate lorms 01 Melro,
polllan or any 01 Its subsidiaries or designates;
Dale
J ([ rll/ aT!J ,.11 I~__~, 19 _22<__~__._ .~. ~
100 t 110')) PIH1l\'lllfl USA
(j) observe and be bound by the rules 01 Metropolitan as they may be
changed by Metropolilan Irom lime to time: including but nollimiled
to, those embodied in the Manual 01 Instructions fa, Account Repre-
senlatives and in any supplemental ,ules and 'egulalions applicable
to business 01 Metropolitan or any ollis subsidiaries or designates.
2, You are not authorized 10 make, aile, or discha'ge the contracls 01
Met,opolitan or any 01 it, subsidiaries 0' designates: to waive lorfei.
tu,es: or 10 bind Melropolitan or any of its subsidia,les or designates
in any way nol speclllcally authorized in writing by an authorized olli,
cer 01 Metropolitan or any 01 its subsidia,ies or designates.
3, For each week you actively perfo,m the duties of your agency
you will receive an amount determined In accordance with provi-
sions of the Compensation Rules and Schedules Manual which
include the applicable commission and compensation schedules
as they may be issued, subslituted or changed by Met,opolilan or
any 01 its subsidiaries or designates from time to time. You a'e to
bea, all expenses. exceplthose expressly assumed by Metropoti.
tan or any 01 its subsidiaries or designates in w,lting, Incurred by
you in you, capacity as an Account Representative.
.
4, Your appointment Is not a guarantee of permanent employment
and may be terminated by Melropolitan without advance notice for
breach 01 any ollhe conditions 01 your appointment and also at any
time by two weeks' notice (0' two weeks' compensalion in lieu
the,eol) in writing given to you in person or by mailing such notice to
your lasl address as shown on the ,ecords 01 Met'opolilan. Your
appolnlment wih Metropolitan may be terminaled by you at any time
on not more than two weeks' notice in writing to Met'opolitan. Fol.
lowing termination 01 your appointment. if you have completed 12
Fiscal Periods your commission account will be adjusted and whe,e
applicable the excess, II any, 01 credits overthe debits, including any
outslanding inte,im paymenls among othe, things, will be payable
as outlined in the applicable commission and compensalion sched,
ules as such schedules may be issued, substituted or changed by
Metropolitan Irom time to lime.
5, The term~ 01 this appointment may be changed only by an author-
ized ollice, of Met'opolitan in writing and not by any rep,esentalive 01
Metropolitan in any 01 its branch, district or regional ollices.
6. The commission and compensation schedules and the rules and
regulations 01 Metropolitan or any of lis subsidiaries or designates
may be issued, substituted or changed only by an authorized ollicer
01 Melropolilan 0' any 01 its subsidia,ies or deslgnales in w,iting and
not by any 'epresentative 01 Melropolitan or any 01 its subsidiaries or
designates in any 01 lis branch, dislrict or regional ollices.
7, This appolnlmenl supercedes any prior appointment bel ween
you and Metropolitan,
Metropolitan Lile Insurance Company
BY_m__~.~___ ~~r1~ Pd..c.-.-.:t"'!..,
Aq,~ncv v,ce-rrl!<;,{l#-nt'llon.ll 5"les Man.191~r
1I3000057848t1l8!)t
\
"'1"&'1 '1(,Aj...........C'O UlootU_". r.....\ ._,-'{, "'..t_Oll'U'.
\ I' .
"'
to"
..
~,
,
..
'.
o
.
,
. ,
exhibit B
-.-
-.
\ ! j' "
.. ,'. ",I
a. I' .
" .
. .
. .J ~)..-/
.}~ lV'", 9 r""
~~JY
~J~(lqr.'
jlrl ~
2903 Society lIill Drivc
Apartment 1310
Camp IIill, Po. 17011
December 23, 1992
Daniel J. Strinkoskl, Drunch Mannger
Metropolitan Life
2000 Linglestown Rood, Suite 108
IIarrisburg, Po. 1711 0
Dear Mr. Strinkoskl:
€x h/i3~7- "$'"
At this time I must respectfully give advance notice of my intent
to resign. My lost ofHeln! clny of work will be 1-22-93. This will
also be my lost pny period.
I have enjoyed worklnR wllh YOII this IlOst year. In retrospect, 1992 as
a whole, was vcry Ollccl!f1sful. lIowl!ver, as Metropolitan's direction
has changed, so hnB mill<!.
I wish you SUCCl!on IInd hllPI" n""B 1 n your ncw career path. If ever
I can hclp you III III1Y WilY pI """" cion' t hesitate to call.
ReSPCL!y,
!tt,) J. f2~-
Associate Drnnch ~tnnnRcr
~
f'" " "
.. .'-\ or
A.'. 1.1.
CERTIFICATE OF SERVICE
I, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct
copy of the foregoing was served on the Defendants by sending said copy to their attorney of
record by first class U.S. mail on September 8, 1994:
Timothy J. Harrington, Jr., Esquire
Saul, Ewing, Remick & Saul
240 North Third Street, Suite 700
Harrisburg, PA 17101
Attorney for Defendants
JOHN W. PURCELL
J.D. NO. 29955
.,.
en
-
:~
u...
>0,
n")
\'v
~]'"'
-.-
0-
<.'
"""
;:S
~ ~
~~ l<l
U l<l
Z U
"'''' ~~ .... N
"'Ill:.: :;. ~
c>: ~ ~ N
~"'~ . III '" ~
. ....Z '" w 5
t;l c>: l..:.... ~~ f
0 . ..,.... '" ... 4-
Ui=:;o-1 P. .... ~~ c: 0 oj
H:S~ ..... l'l ~ .
~s~:5~ ~~ 'tl '" ~
....0-1 c: 5 i
SUI OJ j
f-4 ~~ ~z ....
!5 "'0 .... ~ 2l ....
8~~6~ .", 4-
.., ..... ....
..,0-1 . t2 ~
I":~ . d~~
l<lel-t III '"
i:: "'0-1 > U
....>- ~ ~
.:;.
z 01-1
,
_MI,., u'MII..,..."....."...
["fINf), (Jl~w..1t 9lm"1i.1'1~
.
-
"
-.
..
,
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2877 CIVIL TERMS
MICHAEL J. KMAN, JR.,
Plaintiff
DANIEL J. STRINKOSKI
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendant
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Carol A. Masich, an employee of Purcell, Krug & Haller,
hereby certify that service of the foregoing 10 Day Notices of
Default was made upon Daniel J. Strinkoski, Metropolitan Life
Insurance Company and Timothy J. Harrington, Jr., Esquire at their
last known address as follows, by depositing a true and correct copy
of same in the United States mail, certified mail, at Harrisburg,
Dauphin County, Pennsylvania, on October 18, 1994.
Daniel J. Strinkoski
4718 Old Gettysburg Road, Suite 411
Mechanicsburg, PA 17055
Metropolitan Lifp. Insurance Company
One Madison Avenue
New York, New York 10010
Timothy J. Harrington, Jr., Esquire
Saul, Ewing, Remick & Saul
240 North Third Street, Suite 700
Harrisburg, PA 17101
~ C\. a;Q"'~
Carol A. Masic
-
~
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2877 CIVIL TERMS
MICHAEL J. KMAN, JR.,
Plaintiff
DANIEL J. STRINKOSKI
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendant
CIVIL ACTION-LAW
To:
JURY TRIAL DEMANDED
IMPORTANT NOTICE
Metropolitan Life Insurance Company
One Madison Avenue
New York, NY 10010
and
Timothy J. Harrington, Jr., Esquire
Saul, Ewing, Remick & Saul
240 North Third Street, Suite 700
Harrisburg, PA 17101
NOTICE: October 18, 1994
DATE OF
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County
Court Administrator, cumberland County Courthouse
Carlisle, PA 17013 -- (717) 240-6200
(717) 232-7536
NOTICIA IMPORTANTE
To: Metropolitan Life Insurance Company
One Madison Avenue
New York, NY 10010
and
Timothy J. Harrington, Jr., Esquire
Saul, Ewing, Remick & Saul
240 North Third Street, Suite 700
Harrisburg, PA 17101
FECHA DE NOTICIA: October 1B, 1994
US TED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN
TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA
DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE
QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED
PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE
ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO, VAYA 0
LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER
LA AYUDA LEGAL.
Cumberland County
Court Administrator, Cumberland County Courthouse
Carlisle, PA 17013 -- (717) 240-6200
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2877 CIVIL TERMS
MICHAEL J. KMAN, JR.,
Plaintiff
DANIEL J. STRINKOSKI
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendant
CIVIL ACTION-LAW
DATE OF
JURY TRIAL DEMANDED
IMPORTANT NOTICE
Daniel J. Strinkoski
4718 Old Gettysburg Road, Suite 411
Mechanicsburg, PA 17055
and
Timothy J. Harrington, Jr., Esquire
Saul, Ewing, Remick & Saul
240 North Third Street, Suite 700
Harrisburg, PA 17101
NOTICE: October 18, 1994
To:
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County
Court Administrator, cumberland County Courthouse
Carlisle, PA 17013 -- (717) 240-6200
(717) 232-7536
NOTICIA IMPORTANTE
To: Daniel J. Strinkoski
4718 Old Gettysburg Road, Suite 411
Mechanicsburg, PA 17055
and
Timothy J. Harrington, Jr., Esquire
Saul, Ewing, Remick & Saul
240 North Third Street, Suite 700
Harrisburg, PA 17101
FECHA DE NOTICIA: October 18, 1994
USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN
TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA
DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE
QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED
PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE
ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO, VAYA 0
LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER
LA AYUDA LEGAL.
cumberland County
Court Administrator, Cumberland County Courthouse
Carlisle, PA 17013 -- (717) 240-6200
."
MICHAEL J. KMAN, JR., ) IN THE COURT OF COMMON PLEAS
) CUMBERLAND COUNTY,
Plaintiff, ) PENNSYLVANIA
) NO. 94 - 2877 CIVIL TERM
v. )
) CIVIL ACTION - LAW
METROPOLITAN LIFE INSURANCE )
COMPANY and DANIEL J. STRINKOSKI, ) JURY TRIAL DEMANDED
)
Defendants. )
NOTICE TO PLEAD
TO:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Attorneys for Plaintiff
YOU ARE HEREBY NOTIFIED TO FILE A WRITIEN RESPONSE TO THE
ENCLOSED NEW MATIER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS
FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST
YOU.
fU.' i~"~
Tim J. Harr on, Jr.
Dated: October 25, 1994
211J09.\ 101251'14
CIVIL ACTION - LAW
MICHAEL J. KMAN, JR., )
)
Plaintiff, )
)
v. )
)
METROPOLITAN LIFE INSURANCE )
COMPANY and DANIEL J. STRINKOSKI, )
)
Defendants. )
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 94 - 2877 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER
NOW COME the Defendants, Daniel J. Strinkoski and Metropolitan Life Insurance
Company, by and through their attorneys, Saul, Ewing, Remick & Saul, and for their
Answer to Plaintiffs Complaint state as follows:
1. Defendants admit Plaintiff is an adult individual but, after reasonable
investigation, have insufficient knowledge or information with which to form a belief as to
the truth of the remaining allegations of paragraph one and therefore neither admit nor deny
the same, but demand strict proof thereof.
2. Defendants admit the allegations of paragraph two.
3. Defendants admit that Metropolitan is located at the address alleged and that it
conducts business in Cumberland County, Pennsylvania, but deny the remaining allegations
of paragraph 3 and, to the contrary, aver that it is a mutual insurance company, owned by its
policyholders and further, deny that the current litigation arises out of the transaction of any
business of Metropolitan and affirmatively aver that said business had no connection
whatsoever to the allegations of Plaintiffs Complaint.
28309.1 lom/~
"
4. Defendants admit that contract attached to the Amended Complaint was entered
into between the parties but deny that Exhibit A constitutes the entire agreement and avers
affirmatively that the relationship between the parties was further subject to provisions of the
documents cited in Exhibit A, namely the Manual of Instructions for Account Representatives
and the Compensation Rules and Schedules Manual, among others.
5. Defendants deny the allegations of paragraph five and, to the contrary, aver
that Mr, Strinkoski took a new position on or about November IS, 1992, effective December
23, 1992 with the appointment of a new Branch Manager.
6. Defendants admit that the letter described was tendered to Mr. Christopher on
December 23, 1992 and states that the letter itself stales that Plaintiff's resignation was
effective as of January 22, 1993, but denies that such statement is or was binding upon
Metropolitan.
7, Defendants deny that Plaintiff was "at all times pertinent hereto" employed as
an account representative or associate branch manager of Metropolitan and avers to the
contrary that plaintiff was hired as an Account representative in January of 1992; was
appointed an associate branch manager by Strinkoski in July of 1992; and left Metropolitan in
December of 1993.
8, After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph eight, and therefore
neither admit nor deny the same, but demand strict proof thereof.
9. Defendants state that plaintiff had that authority conferred upon him under the
Account Representative Appointment Agreement (Exhibit A to Plaintiffs Complaint) and the
21llO9.1 10/25/94
-2-
others documents incorporated therein by reference and deny the allegations of paragraph 9 in
so far as they are inconsistent with the same.
10. Defendants deny that the specified entities were "clients" of Plaintiff and avers,
to the contrary, that they were customers of Metropolitan and had policies of insurance
placed with Metropolitan.
11. Defendants deny the allegations in paragraph eleven, and aver, to the contrary
that Plaintiff never notified Defendant Strinkoski of any intention to resign prior to the
tendering of the letter mentioned in paragraph 6 and attached to the complaint as Exhibit B.
12, After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph twelve, and therefore
neither admit nor deny the same, but demand strict proof thereof.
13, Defendants admit that Plaintiff sold whole life insurance policies to Mr.
Turrin, Mrs. Turrin and a group health insurance policy/plan to Au, Inc. and that he was
paid commissions thereon by Metropolitan but, after reasonable investigation, Defendants
have insufficient knowledge with which to form a belief as to the truth of the remaining
allegations in paragraph thirteen, and therefore neither admit nor deny the same, but demand
strict proof thereof.
14. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph fourteen, and therefore
neither admit nor deny the same, but demand strict proof thereof. To the extent that such
allegations are taken to mean that the sale of the policy was done in the course and scope of
Plaintiffs employment with Metropolitan it is denied and defendants aver, to the contrary,
28309. I 10125194
-3-
-.- .
that if Plaintiff made such a sale, he did not do so in the course and scope of his employment
with Metropolitan.
15. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph fifteen, and therefore
neither admit nor deny the same, but demand strict proof thereof, To the extent that such
allegations are taken to mean that the sale of the policy was done in the course and scope of
Plaintifrs employment with Metropolitan it is denied and defendants aver, to the contrary,
that if Plaintiff made such a sale, he did not do so in the course and scope of his employment
with Metropolitan,
16. The allegations of paragraph sixteen are denied and Defendants aver, to the
contrary, that no such communication took place.
17. The allegations of paragraph seventeen are denied and Defendants aver, to the
contrary, that no such communication took place.
18. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph fifteen, and therefore
neither admit nor deny the same, but demand strict proof thereof. To the extent that such
allegations are taken to mean that Plaintiff was acting in the course and scope of his
employment with Metropolitan, they are denied and defendants aver, to the contrary, that if
Plaintiff made such a decision, he did not do so in the course and scope of his employment
with Metropolitan,
19. The allegations of paragraph nineteen are denied and Defendants aver, to the
contrary, that no such communication took place,
2l1J09.1 1O/2.l/94
-4-
-..
..
20. The allegations of paragraph twenty are denied and Defendants aver, to the
contrary, that no such communication took place.
21. The allegations of paragraph twenty-one are denied and Defendants aver, to the
contrary, that no such communication took place.
22, The allegations of paragraph twenty-two are denied and Defendants aver, to
the contrary, that no such communication took place.
23. The allegations of paragraph twenty-three are denied and Defendants aver, to
the contrary, that no such communication took place and, further, aver that the alleged
policies were never shown to Defendant Strinkoski, nor was he made aware of their
provisions.
24. The allegations of paragraph twenty four constitute a conclusion of law to
which no response is required under the Pennsylvania Rules of Procedure. To the extent that
said allegations are taken to be factual in nature, they are denied.
25. The allegations of paragraph twenty five are conclusions of law to which no
response is required under the Pennsylvania Rules of Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied,
26. The allegations of paragraph twenty six are conclusions of law to which no
response is required under the Pennsylvania Rules of Procedure. To the extent that said
allegations are taken to be factual in nature, Defendants deny that the meeting alleged by the
Plaintiff ever occurred and therefore deny the allegations of paragraph 26. Defendants admit
that Strinkoski was and is an employee of Metropolitan.
2ll109.llom/94
-5-
27. Defendants deny the allegations of paragraph twenty-seven and incorporate
herein by reference their answer to paragraphs 1-27, above.
28, Defendants admit the allegations of paragraph twenty-eight.
29, Defendants deny the allegations contained in paragraph twenty-nine and aver,
to the contrary, that it was sent to Mr. Turrin at his request.
30, Defendants admit that Strinkoski was and is employed by Metropolitan and that
he forwarded the facsimile in response to a request therefor by a Metropolitan insured. To
the extent the allegations of paragraph 30 are inconsistent with the foregoing, they are
denied.
31. Defendants deny the allegations of paragraph thirty-one, in that they deny that
any such misrepresentations were made and as to the reasons for the cancellations of the
alleged policies of insurance, after reasonable investigation, Defendants have insufficient
knowledge or information upon which to form a belief as to the truth of said allegations and
therefore neither admit nor deny the same, but demand strict proof thereof.
32. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph thirty-two, and therefore
neither admit nor deny the same, but demand strict proof thereof.
33. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph thirty-two, and therefore
neither admit nor deny the same, but demand strict proof thereof.
34. Defendants deny the allegations of paragraph thirty-four, in that they deny that
any such misrepresentations were made and as to the reasons for the cancellations of the
28309.1 IlW15194
-6-
.
alleged policies of insurance, after reasonable investigation, Defendants have insufficient
knowledge or information upon which to form a belief as to the truth of said allegations and
therefore neither admit nor deny the same, but demand strict proof thereof.
35. Defendants deny the allegations of paragraph thirty-five and incorporate herein
by reference their answers to paragraphs 1-34, above,
36. The allegations of paragraph thirty-six are conclusions of law to which no
response is required under the Pennsylvania Rules of Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
37. Defendant has insufficient knowledge with which to form a belief as to the
truth of the allegations of paragraph thirty-seven and therefore neither admits nor denies the
same, but demands strict proof thereof.
COUNT I
38. Defendants incorporate herein by reference their answers to paragraphs 1-38 of
plaintiffs complaint as though fully set forth, as their answer to paragraph 38.
39. Defendant states that Plaintiff had sold Turrin, his company and his wife
polices of insurance as set forth in Defendants answer to paragraph 13, which is incorporated
herein by r.:ference and denies the allegations of paragraph 39 insofar as they are inconsistent
with the same.
40. The allegations of paragraph forty are conclusions of law to which no response
is required under the Pennsylvania Rules of Procedure, To the extent that said allegations
are taken to be factual in nature, they are denied and defendants aver to the contrary that any
283M.) 10125194
-7-
expectation Plaintiff may have had was subject to the same exigencies and uncertainties as
any future event(s).
41. Defendants admit that Strinkoski was and is an employee of Metropolitan. The
remaining allegations of paragraph forty-one are conclusions of law to which no response is
required under the Pennsylvania Rules of Civil Procedure. To the extent that said allegations
are taken to be factual in nature, they are denied.
42. The allegations of paragraph forty-two are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied,
43. The allegations of paragraph forty-three are conclusipns of law to which no
response is required under the Pennsylvania Rules of Civil Procedure, To the extent that said
allegations are taken to be factual in nature, they are denied,
44. The allegations of paragraph forty-four are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
45. The allegations of paragraph forty-five are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied,
46. The allegations of paragraph forty-six are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
28309.1 IllI2.ll94
-8-
'.
47. The allegations of paragraph forty-seven are conclusions of law to which no
response is required under the PeMSylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, after reasonable investigation, Defendants have
insufficient knowledge or infonnation upon which to fonn a belief as to the truth of said
allegations and therefore neither admit nor deny the same, but demand strict proof thereof.
48, Defendants are aware that Turrin has filed at least two suits naming Plaintiff
herein as a defendant, but with respect to the allegations as to causation, Defendants state that
the same are conclusions of law to which no response is required under the PeMSylvania
Rules of Civil Procedure and, with respect to the remaining allegations of paragraph forty-
eight, after reasonable investigation, Defendants have insufficient knowledge or information
upon which to form a belief as to the truth of said allegations and therefore neither admit nor
deny the same, but demand strict proof thereof,
49. The allegations of paragraph forty-six are conclusions of law to which no
response is required under the PeMSylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, Defendants deny the allegations of paragraph
forty-nine and aver to the contrary that no such violations have occurred and, further, aver
that such regulations do not confer a private right of action upon plaintiff and are irrelevant
to this action.
28309.1 IllI25/94
-9-
COUNT II
50. Defendants incorporate herein by reference their answers to paragraphs 1-49 of
plaintiffs complaint as though fully set forth, as their answer to paragraph 50.
51. The allegations of paragraph fifty-one are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied,
52. The allegations of paragraph fifty-two are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
53. The allegations of paragraph fifty-three are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure, To the extent that said
allegations are taken to be factual in nature, they are denied.
54. Defendants deny the allegations of paragraph fifty-four and incorporate herein
by reference their answers to paragraphs 1-54, above, as though fully set forth. Plaintiff has
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place.
55. Defendants deny the allegations of paragraph fifty-five and incorporate herein
by reference their answers to paragraphs 1-54, above, as though fully set forth. Plaintiff has
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place.
56. Defendants deny the allegations of paragraph fifty-six and incorporate herein
by reference their answers to paragraphs 1-55, above, as though fully set forth. Plaintiff has
28309.1 11JI25/94
-10-
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place. Further, the allegation that any such
communications were defamatory is a conclusion of law to which no response is required,
57. Defendants deny the allegations of paragraph fifty-seven and incorporate herein
by reference their answers to paragraphs I-55, above, as though fully set forth. Plaintiff has
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place.
58. The allegations of paragraph 58 are conclusions of law to which no response is
required. To the extent they are taken to be factual in nature, Defendants deny the
allegations of paragraph 58, and aver to the contrary that no conduct of the Defendants in
any way injured the plaintiff and, in the alternative, deny tlJat plaintiff was injured in the
manner or to the extent alleged.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
28309.110125/94
-11-
COUNT III
59. Paragraphs 1-58 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
60. The allegations of paragraph 60 are conclusions of law to which no response is
required. To the extent they are taken to be factual. they are denied.
61. The allegations of paragraph 61 are conclusions of law to which no response is
required. To the extent they are taken to be factual, they are denied.
62. The allegations of paragraph 62 are conclusions of law to which no response is
required, To the extent they are taken to be factual, they are denied.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury,
COUNT IV
63. Paragraphs 1-62 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
64. Defendants admit that there was such a contract at certain times, but denies the
allegations of paragraph 64 insofar as it lacks specificity and does not state the period of time
it is meant to relate to.
28309.1 10/25/94
-12-
65. To the extent that such a contract existed, as stated in paragraph 64 of
Defendants' answer, it is admilled.
66. The allegations of paragraph 66 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendant denies
the same and avers that the provisions of the contract are as set forth therein.
67. After reasonable investigation, Defendants have insufficient knowledge or
information with which to form a belief as to the truth of the allegations of paragraph 66 as
the alleged communications are not specified nor the persons communicated to nor the
contents thereof, nor the alleged times of such communications and therefore neither admit
nor deny the same but demand strict proof thereof.
68. The allegations of paragraph 68 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendants deny
the same and aver that the provisions of the contract are as set forth therein and further, that
plaintiff breached the contract himself by acting in a manner inconsistent with the fiduciary
duties owed the defendant,
69. The allegations of paragraph 69 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendants deny
the same and aver that the provisions of the contract are as set forth therein and further, that
plaintiff breached the contract himself by acting in a manner inconsistent with the fiduciary
duties owed the defendant,
70. The allegations of paragraph 70 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendants deny
28J09.1 10/15194
-13-
the same and aver that the provisions of the contract are as set forth therein and further, that
plaintiff breached the contract himself by acting in a manner inconsistent with the fiduciary
duties owed the defendant and that such damage, if any, which occurred was the result of
plaintifrs own conduct,
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
COUNT V
71. Paragraphs 1-70 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
72, Defendants deny the allegations of paragraph seventy-two and incorporate
herein by reference their answers to paragraphs 1-71, above, as though fully set forth.
Plaintiff has not identified with any specificity the communications referred to nor the persons
with whom such communications allegedly took place, Further, the allegation that any such
communications were defamatory is a conclusion of law to which no response is required.
73. The allegations of paragraph seventy-three are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that
28309.1 10125/94
-14-
they may be taken as factual in nature, they are denied and defendants aver that no act or
omission of theirs resulted in any damage to the plaintiff.
74. The allegations of paragraph seventy-four are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure, To the extent that
they may be taken as factual in nature, they are denied and defendants aver that plaintiff
pleaded guilty to the charges of child abuse/neglect referred to.
75. After reasonable investigation. defendants have insufficient knowledge or
information upon which to form a belief as to the truth of the allegations of paragraph
seventy-five and therefore neither admit nor deny the same but demand strict proof thereof.
76. The allegations of paragraph seventy-six are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied. Defendant merely provided a copy of an
article which was in the public domain and had already been seen by Turrin.
77. The allegations of paragraph seventy-seven are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied.
78. The allegations of paragraph seventy-eight are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
28309.1 10125/94
-15-
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
COUNT VI
79. Paragraphs 1-78 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
80. The allegations of paragraph eighty are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure.
8!. The allegations of paragraph eighty-one are denied.
82. The allegations of paragraph eighty-two are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied.
83. The allegations of paragraph eighty-three are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied,
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury,
28309. I 10125/94
-16-
DEFENSES
84. Defendant repeats and restates its answers to paragraphs one through fifty-nine
of Plaintiffs complaint as though fully set forth,
85. Plaintiffs complaint fails to state a cause of action upon which relief may be
granted,
86. The alleged defamatory statements pleaded by the Plaintiff in his complaint are
in fact true and therefore no cause of action will lie against these Defendants.
87. The alleged defamatory statements pleaded by the Plaintiff in his complaint
were not made with actual malice, within the meaning of 42 Pa.C.S.A ~8344.
88. The alleged defamatory statements pleaded by the Plaintiff in his complaint
were not negligently or carelessly made, nor made wilfully, wantonly or with conscious
disregard, within the meaning of 42 Pa,C,S.A ~8344.
89. The alleged defamatory statements pleaded by the Plaintiff in his complaint are
protected by a qualified and/or conditional privilege under which these Defendants are
immune from suit.
90. The alleged defamatory statements pleaded by the Plaintiff were not, in fact,
defllmatory in nature in that they were not directed to or against the Plaintiff.
91. There was justification for the statements allegedly made, within the meaning
of 42 Pa.C,S.A ~8342.
92. Plaintiff is a public figure in regard to the allegations set forth in his
Complaint.
28309.1 1O/2.lI94
-17-
93. Plaintiff was involved in a public controversy in regard to the allegations set
forth in his Complaint.
94. The alleged defamatory statements are in fact matters of opinion which are not
actionable.
95. The statements alleged to be defamatory are not actionable under Pennsylvania
law.
96, The alleged defamatory statements pleaded by the Plaintiff in his complaint are
protected by a privilege under which these Defendants are immune from suit.
97. All of the allegedly disparaging and/or defamatory communications alleged in
the complaint were made more than one year before the filing of the complaint in this matter,
and are therefore barred by the applicable statute of limitations, 42 Pa,C.S.A. ~ 5523, setting
forth a limitation period of one year, bars such an action. Abernethy v, Williams, 584 A.2d
1085, 136 Pa.Cmwlth. 715, (Pa.Cmwlth. 1990) appeal denied 602 A.2d 861, 529 Pa. 652.
98. The actions of defendants were not willful, wanton, malicious or outrageous
conduct designed to damage the plaintiff and therefore no claim for breach of the agency
contract will lie.
99. Since both the insurer and agent are parties to the agency contract, each party
has agreed to be bound by the terms of the contract and may not use a tort action to punish
the other party for actions taken under the contract.
100. The plaintiff was not a party to the insurance contract between Turrin, his wife
and/or Au, Inc. and, therefore, Defendants' contacts with Turrin cannot be an interference
28309.1 10/2.<1'14
-18-
with a contract relating to the insured, since there is no contract between the agent and the
insured.
101. To the extent that Turrin' s cancellation of Metropolitan policies is alleged to be
the basis upon which plaintiff seeks recovery. the policy cancellations are not an actionable
interference with the agency contract since disputes under the agency contract must be settled
under the provisions of the agency contract.
102. All of plaintifrs actions are barred by the applicable statutes of limitation.
103. Plaintiff breached his contract with Metropolitan by tortiously interfering in
Metropolitan's contracts of insurance with Turrin, Au, Inc. and Mrs, Turrin and replacing
them or attempting to do so, with policies written by lohn Hancock or another insurer.
104. No private right of action is granted for violation of 40 P,S. ~ 1171.1, et seq.
nor will any action thereunder by plaintiff lie against these defendants.
105, Plaintifr s breach of the contract between he and Metropolitan nullified any
rights he may have had thereunder, excusing Metropolitan's performance and justifying any
acts it may have taken to preserve its contractual relationship with its insureds.
106, The claims stated by the plaintiff are subject to arbitration by virtue of the fact
that the plaintiff was covered by the provisions of a collective bargaining agreement which
requires the same and/or by his execution of an NASD U-4 form, under which he is required
to arbitrate all matters arising out of his employment.
107. Plaintiff is estopped from bringing a breach of contract action by his own
breach of the contractual agreement, excusing Metropolitan's performance and justifying
any acts it may have taken to preserve its contractual relationship with its insureds.
28309.1 10/2$194
-19-
108. Plaintiffs breach of the contractual agreement between the parties constitutes a
failure of consideration, excusing Metropolitan's performance and justifying any acts it may
have taken to preserve its contractual relationship with its insureds.
109. Plaintiff failed to mitigate his damages.
110. Defendants reserve the right to challenge any award of delay damages in this
case.
Ill. Defendants demand that appropriate hearings be conducted in this case prior to
any award of delay damages,
112. Rule 238 of the Pennsylvania Rules of Civil Procedure, on its face, and as
applied is violative of the Due Process and Equal Protection clauses of the Fourteenth
amendment to the Constitution of the United States, Section 1983 of Title 42 of the United
States Code and Article I, Sections I, 6, 11 and 26 and Article V, Section IO(c) of the
Pennsylvania Constitution and imposes a chilling effect on the exercise by Defendants of their
constitutional rights.
113, Punitive damages are violative of the Due Process and Equal Protection clauses
of the Fourteenth amendment to the Constitution of the United States, Section 1983 of Title
42 of the United States Code and Article I, Sections I, 6, 11 and 26 and Article V, Section
10(c) of the Pennsylvania Constitution.
114, Punitive damages constitute an unwarranted and unconstitutional injection of
principles of criminal law into this civil action without the safeguards, inlel: alia, of the
burden of proof beyond a reasonable doubt, freedom from double jeopardy, a defined
28309,1 10/25/94
-20-
standard for punishment and a limit thereto, and, by reason of the foregoing, are an
unconstitutional basis for the taking of defendants' property without due process of law.
115. Defendants reserve the right to file such additional defenses, affirmative
defenses, crossclaims, counterclaims andlor third party claims as may be appropriate upon
completion of their investigation and discovery in this matter,
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them in
a sum in excess of $50,000.00, or to punitive damages, costs and attorneys' fees, or to any
sum of money whatsoever. Defendants pray that this matter be dismissed, that judgment be
entered in their favor and against the Plaintiff, including reasonable costs and attorneys' fees
and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
COUNTERCLAIM
116. There existed between Metropolitan Life Insurance Company and Michael
KInan certain contracts, at all times relevant hereto, which are attached hereto as Exhibits A,
Band C.
117. By a contract dated January 6, 1992, which was attached by KInan as Exhibit
A to his complaint and so marked herein, KInan was required, under Paragraph 1 (j) to ". . .
observe and be bound by the Rules of Metropolitan as they may be changed by Metropolitan
from time to time; including but not limited to, those embodied in the Manual of Instructions
28309.1 10123/94
-21-
for account representatives and in any supplemental rules and regulations of business of
Metropolitan . . ."
118, The relevant portions of the Manual of Instructions referred to in paragraph
117, and attached hereto as Exhibit B, contained the following provisions:
"7. A sales person, regardless of his/her date of appointment to the
Company, will not be penniued to broker business, except through
MetLife General Insurance Agency, Inc. (MLGIA). Anyone who
solicits business for any other company, except through MLGIA, will
be subject to tennination.
8. Any sales person who is licensed with another company, except through
MLGIA, will be subject to tennination"
119. By the tenns of such contracts, and in addition, the contract attached hereto as
Exhibit C, specifically Paragraph 2.a. thereof, KInan agreed that he would, ". . . not
directly or indirectly perfonn any act or make any statement which would tend to divert from
Metropolitan any trade or business with any customer, be it a person, a company or an
organization, to whom I previously sold insurance offered by or through Metropolitan; nor
will I advise or induce any customer of Metropolitan, be it a person, a company or an
organization, to reduce, replace, lapse, surrender or cancel any insurance obtained from or
through Metropolitan."
120. Upon infonnation and belief, KInan violated the provisions of the foregoing
contracts and breached the same by inducing Virgil Turrin, Au, Inc" Pauline Turrin, Beverly
28Jol9.1 10125/94
-22-
Amsler, Thomas W, Rider and Chad W. Mitchell to replace, surrender or cancel existing
contracts of insurance they had with Metropolitan Life Insurance Company.
121. Such actions proximately resulted in damage of a pecuniary nature to
Metropolitan Life Insurance Company.
WHEREFORE, Defendant and Counter-Plaintiff Metropolitan Life Insurance
Company prays that the court enter judgment in its favor and against the Plaintiff and
Counter-Defendant, Michael J. KInan for a sum in excess of $50,000, and for an accounting
of all monies he has diverted from the Counter-Plaintiff by virtue of his breach of the
foregoing contracts and for attorneys' fees and costs, as well as delay damages.
Respectfully submitted,
v,l
'-
Tim J. Ha ng on
Atty. no. 71242
Saul, Ewing, Remick & Saul
240 North Third Street
Suite 700
Harrisburg, PA 17101
(717) 238-7675
Attorney for Defendants
Metropolitan Life Insurance Company
and Daniel J. Strinkoski
Dated: October 25, 1994
28309.lllII25/94
-23-
@
I
I
I
!
8
!
~
"
,
.
,
~ "I.. ~\.
;....::"',
'"
.' It
~'r;t
;.ff5r
;\
'-
1-"
i'
I
~.... ..
!'
~ MetroDolitan Ufe'
IiAP ANOAFFIlTAiEoCOMPANJES
".~I"1t Ute '1tIUtMC. Com,..,.,
a.."-,,,O't~."'" 10'1I. NY 1OO1O.3tI11O
Appointment of Account Representative
To
,'1-1:(::' ...
"
';..., " ;'. :'.t.
You are hereby appointed an Accounl Representative 01 Met,opolllan Llle Insurance Company (he'elnaller called
"Met'opolltan"). You are authorized to represent Met,opolltan and any Subsldla,y, agency or company designated by
Met,opolitan In wrlllng (herelnaller, "deSignates"), sublectto the 101l0Wlng condllions:
1. You a'e to;
(a) p,ocu,e promptly whalever licenses are 'equlred to enable you 10
perform you, duties as an Accounl Representallve and act at all times
within the scope 01 such licenses: transact all buSiness wllh Metro,
politan 0' any ollis subSidiaries or oeslgnales through and subject 10
the general supervision and directIOn ollhe Management 01 the Sales
Office to which you are assigned:
(b) ,elrain from SOllclt'ng. wrlling or receiving appllcallons lor insur-
ance, equity produCIS 0' annUlly conlracls lor Met,opolltan or any 01
its subsidiaries or deSignates un III you are ouly licenSed to sell such
insurance, equity produclS or annuity contracts;
(c) commencing as soon as you have been duly licensed to do so,
canvass lor and procure acceptable appllcallons lor contracts 01
insu,ance and annUities 01 all kinds and classes 01 risks and upon
the plans Issued by Melropohlan or any 01 ItS subSidiaries or deSig-
nates, and deliver all conlracts Issued by Met,opolltan or any 01 ItS
subsidiaries or deSign ales on such applications:
(d) canvass for and procure applications lor equity products Issued
by Melropolltan or any 01 its subSidiaries or designates subject to the
applicable State, Federal and Nalional Associallon 01 Securities
Dealers Inc" rules and 'egulations With respect to the licenSing 01
Registered Representatives and the applicable State laws With
,espect to Ihe licenSing ot Insurance agents to sell equity products:
(e) procu,e such applications in sullicient volume as to meet produc-
tion objectives established by the company and the net production
credit reqUirement under the FinanCing Plan, II you a'e ope,ating
undo, a Financing Plan:
(I) complete In a manner satislactory to Metropolitan. training pro-
grams as may be made available Irom time to time;
(g) give prompt and courteous service to policyholders and annUi-
tants whose contracts are lor the lime being allotled to your account,
and ass,stthem In realiZing the benelils provided by thei, policies
and contracts, and make every ellort to keep In force-and in event
01 lapse, 10 secure the ,elnstatement of-all such policies and
contracts;
(h) ,eceive the premiums, considerations and such olher moneys as
you may be aulhorlzed to receive on contracts lor the time being allOt.
ted to you, account; account for and pay over to Met,opolitan, in
accordance With the applicable rules and 'egulations, all moneys paid
to you as an Account Representative;
(I) perform all the serv,ces enumerated above and such other servo
ices as Metropolitan may requi,e in accordance With the rules and
regulations and through the use 01 the app'oprlate lorms 01 Metro.
politan 0' any 01 its subSidiaries or designates;
Date
;},~ '..'.'. ;.':" , J
19 92
100 (1189) Ptlnled In USA
Ul observe and be bound by the rules 01 Mel'opolitan as they may be
changed by MetropOlitan Irom time to time: including but notlimiled
10, those embodied In Ihe Manual of InstructIOns lor Account Repre.
senlatlves and In any supplemental ,ules and 'egulations applicable
to buSiness 01 Met,opolltan or any 01 its subsidianes or deSignates.
2, 'lbu are not authorized 10 make, aller or discharge the cont,acts 01
Met,opolltan or any 01 ils subsidiaries or designates; to waive forfei.
tures; or to bind MetropOlitan or any 01 its subsidiaries or designates
in any way not specll,cally aulhorlzed In Wrlung by an authorized olli-
cer 01 MetropOlitan or any 01 ItS SubSidiaries or designates.
3. For each week you actively perform the duties 01 your agency
you Will rec~lve an amount determined In accordance wllh p,ovi.
sions of the Compensation Rules and Schedules Manual which
include the applicable commission and compensation schedules
as they may be Issued, substituted or changed by Melropolitan or
any 01 ItS subsldla,ies or designates Irom time to time, 'lbu are to
bear all expenses, exceptlhose expressly assumed by Metropoli.
tan or any of its subsidiaries or designales in writing, incurred by
you in your capacity as an Account Representative.
4, Your appointment is not a gua'anlee 01 permanent employment
and may be terminated by MetropOlitan Without advance notice for
breach 01 any 01 the conditions 01 you, appointmenl and also at any
time by two weeks' nOlice (or two weeks' compensation in lieu
thereol) in writing given to you in pe,son or by mailing such notice to
your last address as shown on the ,ecords 01 Met'opolltan. Your
appointment wlh Met,opohlan may be terminated by you at any time
on not more than two weeks' notice In writing to Met,opolltan. Fol-
lowing te,mination 01 you, appointment, it YOU have completed 12
Fiscal Periods your commission account Will be adjusted and where
applicable the excess, II any, of credits over the debits, including any
outstanding inlerlm payments among other things, Will be payable
as outlined In the applicable commisSion and compensation sched.
ules as such schedules may be issued, substiluted 0' changed by
MetropOlitan I'om time to time.
5. The terms 01 this appointment may be changed only by an author-
ized ollicer of MetropOlitan in writing and not by any 'epresentative of
Met'opolitan in any of its branch, district or 'egional olliCes.
6. The commission and compensation schedules and the rules and
'egulations of Metropolitan or any of its subsidiaries or designates
may be issued, substituted or changed only by an authorized ollice'
01 Melropolltan or any 01 ils subsidiaries or designates in w'iting and
not by any rep,esentative of Met,opolltan or any 01 its subsidla,ies 0'
designates in any 01 its branch, district 0' regIOnal olfices.
7. This appointment supercedes any prior appoinlment between
you and Met'opolltan.
MetropOlitan Lile Insurance Company
~~,.L ~;&.._;7 ./-_
By
Agencv V,ce.Pros,c!
RegIonal Sale5 Manager
18000057848 (1189)
B
,.
I
,
I
!^:
J>;
.
I
,
8
!
!
.
;
I
i,
i
!
@
.
~
i
,~l
~
"
. ~
I'
..~
GPJIEIlAL RULES
CLAUSE 1
APP01NTJIEHT AJID DUTIES OF A SALES PERSON
Each individual appointed as a sales person of the Metropolitan Life
Insurance Company, herein after called "Metropolitan" is authorized to
represent Metropolitan and any subsidiary, agency or company designated in
writing by Metropolitan or where applicable by such subsidiary, agency or
company (herein after, "designates") subject to the following conditions:
1. Each sales person is required to:
(a) procure promptly whatever licenses are required to perform the duties
of a sales person and act at all times within the scope of such
licenses; transact all business with Metropolitan or any of its
subsidiaries or designates through and subject to the general
supervision and direction of the Management of the Sales Office to
which he/she is assigned;
(b) refrain from soliciting, writing or receiving applications for
insurance, equity products or annuity contracts for Metropolitan or any
of its subsidiaries or designates until duly appointed and licensed to
sell such insurance, equity products or annuity contracts;
(c) commencing as soon as duly licensed to do so, canvass for and procure
acceptable applications for contracts of insurance and annuities of all
kinds and classes of risks and upon the plans issued by Metropolitan or
any of its subsidiaries or designates, and deliver all contracts issued
by Metropolitan or any of its subsidiaries or designates on such
applications;
(d) canvass for and procure applications for equity products issued by
Metropolitan or any of its subsidiaries or designates subject to the
applicable State, Federal and National Association of Securities
Dealers, Inc. rules and regulations with respect to the licensing of
Registered Representatives and the applicable State laws with respect
to the licensing of insurance agents to sell equity products;
(e) procure such applications in sufficient volume as to meet production
objectives established by Metropolitan and the net production credit
requirement under the Financing Plan, if he/she is operating under a
Financing Plan;
(f) complete in a manner satisfactory to Metropolitan, training programs
as may be made available from time to time;
(g) give prompt and courteous service to policyholders and annuitants
whose contracts are for the time being allotted to his/her account, and
asaist them in realizing the benefits provided by their policies and
contracts, and make every_effort to keep in force--and in event of
lapse, to secure the reinstatement of--all such policies and contracts;
1 - 1
1(5-88)
(h)
as may be authorized by Metropolitan, its subsidiaries or designatea
to receive the premiums, conaiderations and such other moneys on
contracts for the time being allotted to his/her account; account for
and pay over to Metropolitan, in accordance with the applicable rules
and regulations, all moneys received as a sales person.
(i)
perform all the services enumerated above and such other servicea as
Metropolitan may require in accordance with the rules and regulations
and through the use of the appropriate forms of Metropolitan or any of
its subsidiaries or designates;
U)
observe and be bound by the rules of Metropolitan as they may be
changed by Metropolitan from time to time; including but not limited to
those embodied in the Manual of Instructions for Account
Representatives and in any supplemental rules and regulations
applicable to business of Metropolitan or any of its subsidiaries or
designates.
2. A representative is not authorized to make, alter or discharge the
contracts of Metropolitan or any of its subsidiaries or designates; to waive
forfeitures; or to bind Metropolitan or any of its subsidiaries or designates
in any way not specifically authorized in writing by an authorized Officer of
Metropolitan or any of its subsidiaries or designates.
3. For each week a sales person actively performs the duties of
his/her agency, he/she will receive an amount determined in accordance with
provisions of this manual which include the applicable commission and
compensation schedules as they may be issued, substituted or changed by
Metropolitan or any of its subsidiaries or designates from time to time. A (
sales person is to bear all expenses, except those expressly assumed by
Metropolitan or any of its subsidiaries or designates in writing, incurred by
him/her in his/her capacity as a sales person.
4. In the case of equity products, and P&L contracts, until the sales
person is properly licensed for those products and contracts, he/she will
neither receive commission prior to the date he/she is properly licensed nor
may he/she accompany a duly licensed representative or be involved in any way
in the issue or servicing of equity products or P&L contracts.
BorE: In Kansas, an unlicensed individual may not accompany a
licensed representative for the purpose of observing the
solicitation or writing of insurance.
s. An agency with Metropolitan requires the sales person's full time
for the proper performance of agency duties, and the sales person shall not
engage at any time between Monday and Friday, inclusive, in any other work,
activity or occupation for financial remuneration.
6. A sales person shall not engage the services of another canvasser,
nor pay any person for canvassing or other services, nor solicit or render
service on any terms other than those contained herein, nor accept fees or
gratuities of any kind for rendering service to policyholders.
1(5-88)
1 - 2
7. A sales person, regardless of his/her date of appointment to the
Company. will not be permitted to broker business. except through MetLife
General Insurance Agency. Inc. (HLGIA). Anyone who solicits business for any
other company. except through the HLGIA. will be subject to termination.
8. Any sales person who is licensed with another company. except
through HLGIA. will be subject to termination.
9. Metropolitan Property and Liability Insurance Company and MetLife
General Insurance Agency retain exclusive proprietary interest in their
clients and in all business produced by or assigned for service to their
agents and employees.
A sales person shall not directly or indirectly write or service any
insurance for any company. other than the MetLife General Insurance Agency.
Metropolitan Property and Liability Insurance Company. or any other
Metropolitan subsidiary or designate. or an automobile insurance-assigned
risk plan. automobile reinsurance fac;lity. available FAIR plan or federally
sponsored flood program.
A sales person's authority to solicit. submit and/or service any applications
and/or a sales person's license may be suspended or withdrawn by the
Metropolitan Property and Liability Insurance Company for a definite or
indefinite period of time upon disclosure of underwriting irregularities or
other practices. This may include actions which have caused a claim to be
paid under the errors and omissions protection program for P & L insurance.
10. A sales person will maintain all books. records. and accounts
required by Metropolitan or any of its subsidiaries or designates in the
manner and form prescribed by Metropolitan or any of its subsidiaries or
designates and Metropolitan will have the right at any time to take up.
audit. and examine all of said books. records and accounts.
11. Appointment of an individual to a sales person's position is not
a guarantee of permanent employment and may be terminated by Metropolitan
without advance notice for breach of any of the conditions of his/her
appointment and also at any time by two weeks' notice (or two weeks'
compensation in lieu thereof) in writing given to him/her in person or by
mailing such notice to his/her last address as shown on the records of
Metropolitan. Following termination of the sales person's appointment. if
he/she has completed 12 Fiscal Periods his/her commission account will be
adjusted and where applicable the excess. if any. of credits over the debits.
including any outstanding interim payments among other things. will be
payable as outlined in the applicable commission and compensation schedules
as such schedules may be issued. substituted or changed by Metropolitan from
time to time.
1 - 3
1(5-88)
~.
"~I
c
,.
f
k
i
,
! ,l< \
I r.......
: 't~ I
I ' r.: I
-- or. 1
I '.' I
I'",: ~.,
I> -;)J:,
'.: ;l~~rl
, \~
~
@
~
r
.
.
q
!
B
i
~
.
.
,
i.;
. '.
, ,
,
..
.
~.. ..
-..
Agreement:
~ MetroaoIitan Uf8
W ANDAFFli.lAiEoCOMPANIEs
AI.fropollf.n ute '",urenee Comp'nr
01t Madrson.4wJue, NHt 'It::ri:. NY KXIrO.J690
In consideration of this appointment by Metropolitan Life :nsurance Company or any 01 its subsidiary or affiliated companies
("Metropolitan"), I agree to the following:
1. All equipment, material, records, supplies, manuals, rate books, forms, files and any other such documentation and/or
information ("p'operty") provided to me by Metropolitan or obtained by me from Metropolitan or developed by me in the
course of performing my duties as an employee of Metropolitan, pertaining to the business of Metropolitan or penalning to
any of its customers or prospective customers, shall be and remain the property of Metropolitan, Upon the voluntary or
involuntary termination of my employment with Metropolitan, I agree to Immediately deliver to Metropolitan or Its designee
the original and any copies, notes, recordings, transcriptions or any other reproductions of the property, resident in whatever
media and regardless of whether or not I have retained it In my personal possession, I also agree not 10 divulge to. share
with or permit access by any Individual or organization not currently employed by Metropolitan to the property both during
and after my tenure as an employee of Metropolitan.
2. Within the state(s) in which I am. have been or become licensed to sell insurance for Metropoliten. and during and for
18 months following my voluntary or involuntary termination of employment with Metropolitan:
a. I will not directly or indirectly perform any act or make any statement which would lend to divert from MetropOlitan any
trade or business with any customer, be it a person, a company or an organization, to whom I previously sold insurance
offered by or through MetropOlitan: nor willi advise or Induce any customer of Metropolitan, be It a person, a company
or an organization, to reduce, replace, lapse, surrender or cancel any Insurance obtained from or through Metropolitan,
b, I will not Induce or allemptto induce any employee af Metropolitan to breach his or her agreement with MetropOlitan:
nor willi induce or allemptto induce any employee of Metropolitan to leave Metropolitan's employ for the purpose of
replacing Metropolitan business with the product(s) of any other insurance company; nor willi make use of any
Information or records which are the property of MetropOlitan in order to enable a third party not associated with
Metropolitan. to advise or induce any customer or Metropolitan, be it a person, a company or an organization, to reduce.
replace, lapse, surrender or cancel any Insurance obtained from or through Metropolitan,
c, I will inform Metropolitan promptly of the identity or any of my subsequent employers Which are engaged In the business
of insurance. along with my lille and description: and I hereby authorize Metropolitan to present a copy of this
Agreement to such employers,
3, Without prejudice to whatever other recourse which Metropolitan may have In the event that I violate any of the provisions
of this Agreement, Including without limitation, an action In damages, Metropolitan shall have the right to obtain an injunction
enjoining any such violation, I hereby acknowledge that. In the event of any such violation. Metropolitan will suffer Irreparable
harm and that an injunction Is therefore a necessary remedy In the circumstances,
4, If MetropOlitan is successful In any suit or proceeding against me brought to enforce any provision of this Agreemont. or
brought to establish damages sustained by Metropolitan as a result of my violation of any provision of this Agreemont, I
agree to reimburse Metropolitan's allomey's fees and costs as may be fixed by the court In which such suit or proceeding
Is brought. If any provision of this Agreemenlls held to be invalid In any jurisdiction, either by statute or by jUdicial decisien,
I agree that said prevision shall be deemed modified to comply with the law, er stricken from this Agreement If necessalY to
comply with the law. If any prevlsien Is se stricken, however, the remainder ef the Agreement shall remain In effect.
I acknowledge that I have received a cepy ef this Agreement.
-
Dated at:
/~/ ///;.
19 r/
(If" L~.( q~-41.
IS'll lure) ,
H'l-ht1.e1 ..:r: ~ "'''''', J/z.
(Full Name-Prim Of Type)
/"l-/7
Witness: {//~ ~
fSIQMtur.
p~
tlt} ~ /6t,,W p~,;t',;?d
tOtlce-No. 8l'lC1 NaI'l'l:JI
Discussed with Candidate
/..<"/7 19 PI'" _
(T,llo)
.J
:l
<1:
I/)
ell
ll: ~
!d j
::E ~
11I i
a: l'!
...
. z
Cl '"
Z 0
- I:
~ 0(
11I
J
:l
<1:
I/)
. -
~
-
-
.
.,
~
MICHAEL J. KMAN, JR.
) IN THE COURT OF COMMON PLEAS
) OF CUMBERLAND COUNTY
)
)
) No. 94 - 2877 Civil Term
)
) Civil Action - Law
)
) Jury Trial Demanded
)
)
Plaintiff,
v.
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE INSURANCE
COMPANY,
Defendants.
NOTICE OF REMOVAL
TO:
Office of the Prothonotary
Courthouse
One Courthouse Square
Carlisle, PA 17103
Thomas E. Cheffios
Court Administrator
One Courthouse Square
Carlisle, PA 17103
You are hereby notified by the attached true and correct copy of the Notice of
Removal that this matter has been removed by the defendants from the Court of Common
Pleas of Cumberland County to the United States District Court for the Middle District of
Pennsylvania by filing of the original Notice of Removal in said court on June 28, 1994.
,/.\ () ~~'('
v c.:,.___~t . l y:. "j.
Tim J. HarrlQgton, 1 Y II
Saul, Ewing, Remick & Saul
240 N. 3rd Street
Suite 700
Harrisburg, PA 17101
717-238-7675
One of the attorneys for the defendants,
Daniel J. Strinkoski and Metropolitan Life
Insurance Company
Dated:
~
",.
CERTIFICATE OF SERVICE
I, Tim J. Harrington, Jr., one of the attorneys for the Defendants herein, state that I
have caused to be served a true and correct copy of the attached Petition for Removal upon
the plaintiff, at the address listed below, by the same being placed in the U.S. Mail, first-
class, postage prepaid addressed to the following:
Michael J. Kman, Jr.
109 Meals Drive
Carlisle, PA 17013
(;\ . (
L~
Tim J. Har tQn, Jr:
Saul, Ewing, Remick.
240 North Third Street
Suite 700
Harrisburg, PA 17101
(717) 238-7675
Attorneys for Defendants:
Metropolitan Life Insurance Company and
Daniel J. Strinkoski
Dated: Lf I de jcr y
~~"."'-
-: .."~
-i-, rr';;i
". ,. --,,...-~,. . .
<ft--.-
.---
.....-
.)
j;;.~.
.
!
.
,~
JUH 19
2 09 rH '9~
'I. ":!J' oH'\Cl
Of ~! i.'._ 1.0' \tv~',.r.\h't
nU~'M-:'-~~\":';:-~ C"j'HY
;'OW~, n'-n';lt
d'
"
'.
,~
1~~~1i:iF'-'''':W4~fr-'le'r--'-
.:-_,~-~.-,-
_.__'.e."
" ...~"'.............,.........
, -,. I'-~-'''-~
..
.., i,' ----~~:<.,~._:
.
fI
.
,
I'
....
..
..
.'
':w---
-::r
en
>.
. -
,::~ :;
'"
r-
.-i
-'.,
-:::-
".,
<=>
~
en
<
H ~E
en~ ~
<5~ 1<1 8:3
U ""
....l>- ]~ "':<:
,,"en ~H ~
z~- "'::> ~j
Ol<l~ en U -lj
~""'" . HZ 0<>::
"'.. [-l,:) <>::.... ~H ... !-<I<IC::
o . '" ...,.... en c:: !-<'" ~
Ui::;:l~ ..... 01<1 '" ::;S~
.... ~~ ."
~z> ~3 c:: ""O~ ~
O::>H H....l OJ "'u
ou ~~ .... <>::
!-<u "" OJ en~~ ~
g;~~....l "" "" ~
!-< - < Z ~
0.00< ..., .H ~
Uj"'H . ...,....l . ~en ~
1<>:: ....l Ul ....l~~ HI<I
wCt:..:tE-t g :- ~~
::c"'''' "'0
!-<I<l >- H<>::~ H'"
:>: .<>:: jeJ
z::>o::> H ~t:10
HU ..., :<: "":>:u """"
.
MICHAELJ. KMAN, JR.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2877 CIVIL TERM
DANIEL J. STRINKOSKI
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: DANIEL J. STRINKOSKI
METROPOUTAN LIFE INSURANCE COMPANY
AND
TIM J. HARRINGTON, JR., ESQUIRE
You are 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.
PURCELL, KRUG & HALLER
~
-;,.(, /'
r-- ~L..-.--
,J n W. Purcell, Jr.
, 719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
I.D. #29955
BY
Date: November 10, 1994
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2877 CIVIL TERM
MICHAEL J. KMAN, JR.,
Plaintiff
DANIEL J. STRINKOSKI
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO
DEFENDANT'S DEFENSES AND COUNTERCLAIM
WITH NEW MATTER
84. No response required.
85. Denied as a conclusion of law.
86. Denied as a conclusion of law.
87. Denied as a conclusion of law.
88. Denied as a conclusion of law.
89. Denied as a conclusion of law.
90. Denied as a conclusion of law.
91. Denied as a conclusion of law.
92. Denied as a conclusion of law. In further reply, Plaintiff is not a public figure.
93. Denied as a conclusion of law. In further reply, Plaintiff was not involved in a public
controversy.
94. Denied as a conclusion of law.
95. Denied as a conclusion of law.
96. Denied as a conclusion of law.
97. Denied as a conclusion of law. In further reply, see Complaint.
98. Denied as a conclusion of law.
99. Denied as a conclusion of law.
100. Denied as a conclusion of law.
101. Denied as a conclusion of law.
102. Denied as a conclusion of law.
103. Denied as a conclusion of law.
104. Denied as a conclusion of law.
105. Denied as a conclusion of law.
106. Denied as a conclusion of law.
107. Denied as a conclusion of law.
108. Denied as a conclusion of law.
109. Denied as a conclusion of law.
110. Denied. Defendants do not have the right to reserve the right to challenge the award
of delay damages in this case.
111. Denied. Delay damages are awarded in accordance with law and hearings should
only be held if required by the Court.
112. Denied as a conclusion of law.
113. Denied as a conclusion of law.
114. Denied as a conclusion of law.
115. Denied. Defendants do not have the right to reserve the right to file additional
defenses, affirmative defenses, crossclaims, counterclaims or third party claims, except as set forth
by the appropriate law or rules of Court.
WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of the
Plaintiff and against the Defendants as more fully set forth in the Plaintiffs Complaint, and to
dismiss the Defendants' Counterclaim.
COUNTERCLAIM
116. Denied. Exhibits "A", "B" and "C" speak for themselves.
117. Denied. The document speaks for itself.
118. Denied. The document speaks for itself.
119. Denied. The document speaks for itself.
126. Plaintiff believes and therefore avers that a majority of agents in the Penn Harris
office during his term of employment, before his term of employment, and after his term of
employment. held licenses with other companies, and wrote policies of insurance with other
companies, with the knowledge, consent, and approval of the Defendant Metropolitan Life
Insurance Company.
127. The manager of the Penn Harris branch of the Metropolitan Life Insurance Company
during all times relevant herein, was Defendant Daniel J. Strinkoski, who, as manager for, and
authorized agent of the Defendant Metropolitan Life Insurance Company, was aware of, consented
to and encouraged the placing of insurance policies, where appropriate, with companies other than
the Metropolitan Life Insurance Company.
128. Whenever the Plaintiff wrote policies of insurance for clients outside Metropolitan
Life Insurance Company or the Metropolitan Life Insurance Company General Agency, it was
because there were no comparable policies of insurance that Metropolitan Life Insurance Company
could provide, or the policies that were written outside of Metropolitan Life were better for the
client.
129. The Defendant Metropolitan Life Insurance Company, through its authorized agent
and manager Daniel J. Strinkoski, was aware of the practices within the agency set forth above,
and consented to and approved the same.
130. Defendant Metropolitan Life benefitted by Plaintiffs writing of policies both for
Defendant and other insurance companies.
131. The Defendant Metropolitan Life Insurance Company is estopped to claim breach of
the contract as set forth in the Defendants' Counterclaim.
132. The Defendants were aware of the facts and circumstances concerning the policies
and procedures within the Penn Harris Agency during the period of time in question at the time
this Counterclaim was filed.
133. The Counterclaim filed by the Defendant is without merit, frivolous, and for the sole
purpose of increasing the Plaintiffs attorney's fees.
134. Defendants are liable to Plaintiff for attorneys fees pursuant to 42 Pa. C.S.A. ~2503.
WHEREFORE, Plaintiff request this Honorable Court to enter judgment in favor of the
Plaintiff and against the Defendants on the Plaintiffs Complaint, and to dismiss the Defendants'
Counterclaim, to award punitive damages, costs statutory interest and attorney's fees to the
Plaintiff, as well as delay damages.
Respectfully submitted,
PURCELL, KRUG & HALLER
BY
')
,/
oh . Purcell, Jr.
I. . 29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's Reply to
with New Matter
Defendant I s Defenses and Counterclaim are true and correct.
I understand that false statements herein are made subject to the
penalties of 18 Pa, C.S. g4904 relating to unsworn falsification to
authorities.
Date: November 10. 1994
,
J N W. PURCELL, JR.
. .D. NO. 29955
CERTIFICATE OF SERVICE
I, John W. Purcell, Jr., Attorney for the Plaintiff. hereby certify that a true and correct
copy of the foregoing was served on the Defendant by sending said copy to their attorney of record
AIrv-.
by first class U.S. mail on-eeteber 10, 1994:
Tim J. Harrington, Jr., Esquire
Saul, Ewing, Remick & Saul
240 North Third Street
Suite 700
Harrisburg, PA 17101
Attorney for Defendants
Metropolitan Life Insurance Company
and Daniel J. Strinkoski
, 126. Defendants deny the allegations of paragraph 126, except to the extent that
policies were written through the MetLife General Agency with other insurers.
127. Defendants deny the allegations of paragraph 127 insofar as it purports to state
that either of the defendants consented to or encouraged the placing of insurance policies with
companies other than the Metropolitan Life Insurance Company, except through the Met Life
General Agency.
128. Defendants repeat and restate their answer to paragraph 127 as though fully set
forth and denies the allegations of paragraph 128.
129. Defendants incorporate herein by reference their answers to paragraphs 122
through 128 of their reply, as though fully set forth, and deny the allegations of paragraph
129 insofar as they are inconsistent with the same.
130. Defendants incorporate herein by reference their answers to paragraphs 122
through 129 of their reply, as though fully set forth, and deny the allegations of paragraph
130 insofar as they are inconsistent with the foregoing, specifically denying that defendants
benefited by plaintiffs writing of policies for other insurance companies where a competing
Met Life product was available or where such writing of policies was not done through the
Met Life General Agency.
131. The allegations set forth in paragraph 131 are a conclusion of law to which no
response is required.
132. Defendants deny the allegations of paragraph 132, to the extent that the
language, "facts and circumstances concerning the policies and procedures within the Penn-
-2-
Harris Agency" relates to those allegations set forth in paragraphs 122 through 130 of
plaintifrs new matter.
133. The allegations of paragraph 133 are conclusions of law to which no response
is required.
134. The allegations set forth in paragraph 134 are conclusions of law to which no
response is required. To the extent they are taken to be factual, such allegations are denied.
WHEREFORE, defendants pray that the Court enter judgment in their favor on the
counterclaim and against plaintiff and in favor of the defendants on plaintifrs complaint and
for costs, attorneys' fees and such other relief as the Court deems appropriate.
Respectfully submitted,
~.
Tim J. Harri g n, Jr.
Saul, Ewing, emick & Saul
240 North Third Street
Suite 700
Harrisburg, PA 17101
(717) 238-7675
Attorneys for Metropolitan Life Insurance
Company and Daniel J. Strinkoski
Dated: /"2 - L ,q'f
-3-
,
VERIFICATION
I, Daniel J. Strinkoski, hereby verify that I have read the foregoing Reply of
Metropolitan Life Insurance Company and Daniel J. Strinkoski to Plaintiffs New Matter and
hereby verify that the answers therein which are within my personal knowledge are true and
correct and as to the statements made based upon the information of others, I believe them to
be correct after reasonable inquiry. Further, as to the statements, language and averments
which may constitute legal conclusions, I have signed below upon the advice and counsel of
my attorneys that the same are required and/or necessary to legally raise and/or preserve
issues for the defense of this matter..
I understand that statements made herein are subject to the provisions of 18 Pa.
C.S.A. ~ 4904 relating to unswom verifications.
~~~
Dated:
/.l-/-?f'
-4-
;
CERTIFICATE OF SERVICE
I, Tim J. Harrington, Jr., one of the attorneys for the Defendants herein, state that I
have caused to be served a true and correct copy of the attached Reply of Metropolitan Life
Insurance Company and Daniel J. Strinkoski to Plaintiffs New Matter upon the attorney
listed below, by the same being placed in the U.S. Mail, first-class, postage prepaid
addressed to the following:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Attorneys for Plaintiff
~.
Tim J. Ha ipgton, J .
Saul, Ewing, Remic
240 North Third Street
Suite 700
Harrisburg, PA 17101
(717) 238-7675
Attorneys for Defendants Metropolitan
Life Insurance Company and Daniel J.
Strinkoski
Dated: i2 -7.1~
-5-
...,.-.....'... .
:.:~!ii~+:h:;_:~;~.;.~~~;.,
.....
_.~d~_"l~~~~~Ji~k~~;l;5k~;~~~~~::,"
,"".."_"..."~...".,,,.T,,,,...;-tr"~"""'i,j.,~~[_~"i/;,'t"t'~*~...W''''''-,,,,,,,,
.~
~
,-,.'
DEe S
II 20 MI'9~
r; r;~::i. ".;. :9i:rwE',
.cu~F~Ai "t.t:U~~!P 1.-Y1r
l'ttW~Yi.\'/..I;I~:l, 'f
.......
w..
.~---~_._-': r~:.~.
-J...
t"
,
.
1#
,
,i
~
I'
, ....
.
.
,
..
.'
.,
$
" ..
~~.......-.
'1'
MICHAEL J. KMAN, JR.,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY. PA
Plaintiff,
v.
Civil Action - Law
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE INSURANCE
COMPANY .
Defendants.
NO. 94-2877 - Civil Term
WITHDRAWAL OF APPEARANCE
Kindly withdraw my appearance on behalf of Defendants with
regard to the above-captioned matter.
?-/'- ~ ---.:::::>------ .
ONlCA W. SALTZ
Attorney I.D. No. 52931
Saul, Ewing, Remick & Saul
3800 Centre Square West
Philadelphia, PA 19102
CERTIFICATE OF SERVICE
I, VERONICA W. SALTZ, ESQUIRE, hereby certify that a truc and
corrcct copy of a Withdrawal and Entry of Appearance on behalf of Defendants
has been served via United States, First Class Mail, postage prepaid, this 25th
day of January, 1996, upon the following:
John W. Purccll, Jr., Esquirc
1719 North Front Street
Harrisbu rg, PA 17 102
,/ I
#~--->
'VERONICA W. SALTZ
>.'
iji--,.
" >
, . '''''<i.~ ~
.-- ... ,~~
i. :.. ,~(/ ;':h.'f~i:i;;/; ~.'. -~~i.~
i.,;,,')Jii-'.:..~k~fr1fj:.;t~_.";t,~:;
. -:~ ;:(~i~~':.~~;f~~,"
;;lk"~L ..Jii':,t~" .. >
.Y-:'-:;.I,;.,
.,!:~f(r..,,\i'
to.'
~' ," ~
':',.. .;.~.
,
OF f].LEq-OFFlCE
TH:: Fr1OTHI)I/OTN1Y
96JMI29 PH 1/119
CUMBEntA\'iJ COU~'1)'
PENNSYlWNI!\ I
',;;;:;:::
'~"::.:'<{.
J":J,::H", .
..'>.:..'
~1r'
h~'
rp~~_,:-..
~{};J;:
;.1
'j
po_!
--'-::-r'-f-~'-~-:--- .~:;
":~:~:~;~{~~~~L-:~r;~"
.~....;
.';'
. .
,~ ,.'
.1
.
.
fI
,
.
I~
, '"
f
..
.'
"
.
.~--
33.
MICHAEL J. KMAN, JR.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V
DANIEL J. STRINKOWSKI AND : NO. 94-2877 CIVIL TERM
METROPOLITAN LIFE INSURANCE
COMPANY
ORDER OF COURT
AND NOW, January 7,1998, counsel having failed to call the above case
for trial, the case is stricken from the February 2, 1998 trial list. Counsel may relist the
case for trial when ready.
By the Court,
John W. Purcell, Jr.
For the Plaintiff
L _, (..cp,c-':.
('\'\C\......"'-u. \
Veronica W. Saltz, Esq.
For the Defendant
1,1 ~-<)~
Court Administrator
:br
..
. \'; ",:.{ ~,:,),~~',i'~-::i:;"-_<:~ <;,~~~,.-,y~:..~.- -i\" ,Y~-t' ~~;..
..t"""A';~;i..}.'-4._i.l'~IS..',-~~~~'~OJ.;,~~,,~\j.:.. _.'I.~\~-' ~':
\7.
RLEO-OFACE
OF THE PFOTPO~OTARY
--,,',
9BJAN 12 Nt 2: 05
-,':,
CUMBERLAND COUNTY
PENNSYLVANiA
,
~,-"
"c,'
j
I'
, '"
_r, -,.'
, t. .
, .
..
,
..."..
--~.~--
-r
~
l
FREY, PETRAKIS, DEEB 81 BLUM, P,C,
BY: VERONICA W. SALTZ, ESQUIRE
AMY G. McANDREW, ESQUIRE
Attorney I.D. Nos: 52931/75040
1601 Market Street, Sixth Floor
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Defendants
Metropolitan Life Insurance Company
and Daniel J. Strinkoski
MICHAEL J. KMAN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plain tiff,
v.
NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants.
ORDER
AND NOW, this
day of
, 1998, upon
consideration of the Motion for Non Pros of Defendants, Metropolitan Life
Insurance Company and Daniel Strinkoski, and any Response thereto, it is
hereby ORDERED and DECREED that Defendants' Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiffs Complaint is
hereby dismissed WITH PREJUDICE.
BY THE COURT:
J.
FREY, PETRAKIS, DEEB 81 BLUM, P,C,
BY: VERONICA W. SALTZ, ESQUIRE
AMY G. McANDREW, ESQUIRE
Attorney J.D. Nos: 52931/75040
1601 Market Street, Sixth Floor
Philadelphia, PA 19103
(215) 563-0500
MICHAELJ. KMAN, JR.,
Attorneys for Defendants
Metropolitan Life Insurance Company
and Daniel J. Strinkoski
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plain tiff,
v.
NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants.
MOTION FOR NON PROS OF DEFENDANTS
METROPOLITAN LIFE INSURANCE COMPANY
AND DANIEL J. STRINKOSKI
Defendants Metropolitan Life Insurance Company ("MetLife") and Daniel
J. Strinkoski ("Strinkoski"), through their undersigned counsel, hereby
respectfully move this Court to enter a judgment of non pros in their favor, and
in support thereof, state as follows:
1. Plaintiff Michael J. Kman, Jr. commenced the within action on or
about May 27, 1994, by the filing of a Complaint against MetLife and
Strinkoski in the Court of Common Pleas of Cumberland County.
2. On or about June 28, 1994, defendants removed this case to the
United States District Court for the Middle District of Pennsylvania on the
grounds of federal question jurisdiction.
2
~
3. On or about July 5, 1994, defendants filed a Motion to Dismiss
plaintifrs Complaint pursuant to Federal Rule of Civil Procedure 12(b).
4. By Order dated August 19, 1994, the United States District Court
for Middle District of Pennsylvania partially granted defendants' Motion and
dismissed Count III (asserting a violation of plaintifrs civil rights) and Count IV
(asserting a violation of plaintifrs constitutional rights) of plaintifrs Complaint.
5. The Court's Order of August 19, 1994 effectively disposed of the
basis for federal jurisdiction and this case was remanded to the Court of
Common Pleas for Cumberland County.
6. On or about September 9, 1994, plaintiff filed an Amended
Complaint in the Court of Common Pleas for Cumberland County. A true and
correct copy of plaintifrs Amended Complaint is attached hereto as Exhibit MA."
7. Defendants filed a. Answer and Counterclaim to the Amended
Complaint on or about October 25, 1994. A true and correct copy of
defendants' Answer and Counterclaim is attached hereto as Exhibit MB:
8. Plaintiff filed an Answer and New Matter to defendants'
Counterclaim on or about November 14, 1994. Thereafter, the pleadings in
this matter closed on or about December 5, 1994, when defendants filed their
Reply to plaintifrs New Matter.
9. On or about December 15, 1994, defendants served Interrogatories
and Request for Admissions upon plaintiff, to which plaintiff responded on or
about January 12, 1995.
3
~
j
10. On or about September I, 1995, plaintiff selVed Interrogatories
and Request for Production of Documents upon defendants to which
defendants responded on or about Dccember 7, 1995.
11. Plaintiff undertook no additional discovery after December 1995.
12. There was no further dockct activity in this casc until January 29,
1996, when Defendants' counsel notified the Court regarding her change in
firm affiliation by filing a Withdrawal and Entry of Appearance.
13. For thc ncxt twcnty-thrcc months, no further activity appeared on
the docket of this case until Decembcr 1, 1997, when plaintiff filed a Praecipe
for Listing the Casc for Trial. A true and correct copy of thc relevant Docket
Entries is attachcd hereto as Exhibit "C."
14. Cumberland County Local Rule of Civil Procedure 228 requires the
purging of cases from its systcm as a matter of course on the last Tuesday of
each October where there has been no docket activity for a period of two years.
15. This case would have been purged from the system if defense
counsel had not crcated "docket activity" by notifying the Court of her change
of firm affiliation via a Withdrawal and Entry of Appcarance on January 29,
1996.
16. As this action by dcfense counsel cannot be positive docket action,
there has been no substantive docket activity for three years. Defendants,
therefore, request that this Court comply with thc spirit of Local Rule 228 and
grant defendants' Motion for Non Pros.
4
17. Even without the mandate of Rule 228, a Court may dismiss a case
for inactivity where the following conditions have been met: (1) the plaintiff has
demonstrated a want of due diligence in failing to prosecute its case with
reasonable promptitude; (2) there is no compelling reason for plaintirrs delay;
and (3) the delay causes actual prejudice to the defendant.
18. As all three of these conditions have been met in the present
maUer, defendants request that the Court dismiss plaintirrs Complaint with
prejudice.
WHEREFORE, defendants Metropolitan Life Insurance Company and
Daniel J. Strinkoski respectfully request that defendants' Motion for Non Pros
be granted and that plaintifrs Complaint be dismissed, with prejudice.
Respectfully submitted,
BY:
(Jnu/ ,~7JltkL
Veronica W. Saltz
Amy G. McAndrew
Attorneys for Defendants
Metropolitan Life Insurance
Company and Daniel J. Strinkoski
Dated: ?/2s;/9f
s
'\
\
FREY, PETRAKIS, DEEB III BLUM, P.C,
BY: VERONICA W. SALTZ, ESQUIRE
AMY G. McANDREW, ESQUIRE
Attorney I.D. Nos: 52931/75040
1601 Market Street, Sixth Floor
Philadelphia, PA 19103
(215) 563-0500
Attorneys for Defendants
Metropolitan Life Insurance Company
and Daniel J. Strinkoski
MICHAELJ. KMAN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
v.
NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants.
BRIEF IN SUPPORT OF MOTION FOR NON PROS
OF DEFENDANTS METROPOLITAN LIFE
INSURANCE COMPANY AND DANIEL J, STRINKOSKI
Defendants Metropolitan Life Insurance Company ("MetLife") and Daniel
J. Strinkoski ("Strinkoski") respectfully submit the following brief in support of
their Motion for Non Pros.
I, INTRODUCTION AND PROCEDURAL HISTORY
Plaintiff Michael J. Kman, Jr. commenced the within action on or about
May 27, 1994, by the filing of a Complaint against MetLife and Strinkoski in
the Court of Common Pleas of Cumberland County. In his Complaint, plaintiff
alleged that Strinkoski, as an employee of MetLife, engaged in
misrepresentation and fraud (Count II, unfair trade practices (Count II),
violated plaintirrs civil rights (Count lll), violated plaintirrs constitutional rights
'\
!
(Count IV), violated Pennsylvania's Labor Laws of Confidentiality (Count V) and
violated the Pennsylvania Insurance Code (Count VI).
Defendants removed this case to the United States District Court for the
Middle District of Pennsylvania on the grounds of federal question jurisdiction,
and, on or about July 5, 1994, defendants filed a Motion to Dismiss plaintiffs
Complaint pursuant to Federal Rule of Civil Procedure 12(b). By Order dated
August 19, 1994, the United States District Court for Middle District of
Pennsylvania partially granted defendants' Motion and dismissed Counts III
and IV of plaintifrs Complaint, thereby effectively disposing of the basis for
federal jurisdiction. This case was then remanded to the Court of Common
Pleas for Cumberland County.
On September 9, 1994, plaintiff filed an Amended Complaint in the Court
of Common Pleas for Cumberland County, wherein he alleged the following
causes of action: Tortious Interference with a Business Relationship (Count I),
Defamation (Count II), Defamation Per Se (Count III) and Disparagement of
plaintiffs SelVices (Count V). With regard to MetLife, plaintiff asserted causes
of action for breach of contract (Count IV) and Respondeat Superior (Count VI).
See Exhibit "A." Defendants filed an Answer and Counterclaim to the Amended
Complaint on or about October 25, 1994, wherein defendants denied the
claims raised in plaintifrs Amended Complaint and asserted a counterclaim
alleging that plaintiff had breached his employment agreement with MetLife by
soliciting business for a company other than MetLife. See Exhibit "8." Plaintiff
filed an Answer and New Matter to defendants' Counterclaim on or about
2
\
November 14, 1994. The pleadings in this matter closed on or about December
5, 1994 when defendants filed their Reply to plaintifrs New Matter.
On or about December 15, 1994, defendants selVed Interrogatories and
Request for Admissions upon plaintiff. Plaintiff responded to defendants'
discovery on or about January 12, 1995. On or about September 1, 1995,
plaintiff selVed Interrogatories and Request for Production of Documents upon
defendants to which defendants responded on or about December 7, 1995.
Plaintiff undertook DO additional discovery after December 1995.
There was no further docket activity in the case until January 29, 1996,
when defendants' counsel notified the Court with regard to her change in firm
affiliation by filing a Withdrawal and Entry of Appearance. For twenty-three
months, no further activity appeared on the docket of this case until December
1, 1997, when plaintiff filed a Praecipe for Listing the Case for Trial. See
Exhibit .C".
II, STATEMENT OF FACTS
Plaintiff asserts in his Amended Complaint, that, beginning in 1992, he
was employed as an account representative and a broker with MetLife. During
the latter part of plaintifrs tenure, after expending considerable time and effort
preparing financial plans for prospective clients Virgil Turrin, his wife Pauline,
and Turrin's corporation Au, Inc., plaintiff wrote policies of insurance for Mr.
and Mrs. Turrin and Au, Inc. on behalf of MetLife. Thereafter, on December 22,
1992, plaintiff delivered a letter of resignation to defendant Strinkoski (his
former supelVisor) with an effective date of January 22, 1993. Plaintiff alleges
3
"
\
,
,
I
that after Plaintiff began to switch his accounts to John Hancock, Strinkoski
interfered with his business relationships, by defaming him in the presence of
Turrin and others.
The facts that give rise to Plaintiffs lawsuit took place over five and a half
years ago. Since that time, Mr. and Mrs. Turrin, neither of whom were deposed
in this matter, have moved to Florida. Their current address is unknown. In
addition, Mr. Turrin's company, Au, Inc. is no longer in business. Moreover,
Skip Klinger, the manager who took over Mr. Strinkoski's position at MetLife, is
no longer employed by MetLife, and his current whereabouts are unknown. It
is believed that Mr. Klinger has information regarding the business transaction
between MetLife, Plaintiff and the Turrins. Furthermore, the Penn-Harris
branch of MetLife, the location at which Plaintiff was employed, is no longer in
existence. All of the documents that may be relevant to PlaintiWs lawsuit,
other than those already produced in discovery, have been moved from the
Penn-Harris location. As such, those documents may now be extremely
difficult to locate. The Affidavit of Daniel J. Strinkoski, attesting to these facts,
is attached hereto as Exhibit "D."
III. LEGAL ARGUMENT
A, A Judgment of Non Pros Should Be Entered Because Local
Rule 228 Mandates the Purging of Cases Where There Has
Been No Docket Activity for Two Years.
Cumberland County Local Rule of Civil Procedure 228 provides that
cases may be purged from the system as a matter of course on the last Tuesday
of each October, where there has been no docket activity for a period of two
~
years. This case would have been purged in accordance with Local Rule 228
on October 28, 1997, but for the "docket activity" which was created by defense
counsel's notification to the Court of her change of firm affiliation via a
Withdrawal and Entry of Appearance filed on January 29, 1996.
However, this "docket activity" by defense counsel should not be
permitted to benefit the plaintiff with regard to the present Motion. In Collura
v. L & E Concrete Pumoing. Inc., 454 Pa.Super. 572, 577, 686 A.2d 392, 395
(1996), appeal denied, 548 Pa. 653, 698 A.2d 63 (1997), the Court did not
deem docket activity consisting of the withdrawal and entry of appearance by
plaintiffs' counsel as either" 'substantive' or an example of 'positive tlocket'
action." The Court affirmatively stated that such action upon the docket
should be considered "non-substantive docket activity" which should not be
taken into consideration when determining a Motion for Non Pros. Id.
In the present case, therefore, the activity upon the docket by
defendants' counsel should not be considered substantive docket activity. As
such, there was a period of three years during which plaintiff took absolutely
no action to further the prosecution of his case. As mandated by Rule 228,
this case should be purged from the Court's system via the granting of
defendants' Motion for Non Pros.
B. In the Alternative, Under Pennsylvania Law, a Judgment of
Non Pros Should Be Entered Due to Plaintiff's Failure to
Diligently Prosecute This Case For Almost Three Years,
Pennsylvania law provides this Court with an additional basis upon
which to enter a judgment of non pros due to plaintifrs failure to diligently
5
,
.
I
pursue his case for almost three years. It is well settled that a Court may
dismiss a case for inactivity based upon the plaintifrs lack of due diligence in
prosecuting its case with reasonable promptitude. See,~, Jacobs v.
Halloran, _ Pa.Super. _, 710 A.2d 1098, 1103 (1998). Where, as in this
case, a plaintiff fails to prosecute its case with reasonable expedience and
cannot demonstrate a compelling reason for the delay, and that delay has
caused prejudice to the defendant, ajudgment of non pros is warranted. Id.
The underlying rationale for the granting of non pros in situations where
inordinate delay has occurred is the understanding that "lilt is a plaintifrs
obligation to move the case forward and to monitor the docket to reflect that
movement." State of the Art Medical Products. Inc. v. Aries Medical. Inc., 456
Pa.Super. 148, 153,689 A.2d 957, 960 (1997). It is clear that the duty is upon
the plaintiff to proceed with his cause of action, and that the plaintiff, not the
defendant, "should bear the risk of not acting within a reasonable time."
Kennedv v. Bulletin Comoanv, 237 Pa.Super. 66, 71-72, 346 A.2d 343, 346
(1975), ouoting Potter Title & Trust Co. v. Frank, 298 Pa. 137, 140, 148 A. 50,
52 (1929). In the present case, plaintiff has failed to take any substantive
action upon the docket for three years, which delay amounts to an effective
abandonment of his cause of action. As plaintiff has failed in his obligation to
move this case forward, which failure has resulted in prejudice to the
defendants, defendants' within motion should be granted, and plaintifrs
Complaint should be dismissed.
6
.
In Jacobs, the Pennsylvania Supreme Court held that, in order to
dismiss a case for inactivity pursuant to a defendant's motion for non pros,
. . . there must first be a lack of due diligence on the part of
the plaintiff in failing to proceed with reasonable
promptitude. Second, the plaintiff must have no compelling
reason for the delay. Finally, the delay must case actual
prejudice to the defendant.
Jacobs, _ Pa.Super. _, 710 A.2d at 1103.
In the present case, the first prong of the Jacobs test is clearly
established. It is undisputed, and the docket entries show, that there has been
no activity by the plaintiff for three years. See Exhibit .C." The second prong
of the Jacobs test is also established as plaintiff has demonstrated no
compelling reason for this delay, nor will plaintiff be able to do so.
Pennsylvania courts have found that compelling reasons for delay in
prosecution of a case will include matters which effectively remove the case
from the plaintifrs control, such as bankruptcy or other operation of law, and
will not include matters within the plaintifrs control, such as the inability to
obtain an expert witness. Se~,~, Collura, 686 A.2d at 395, 454 Pa.Super. at
578-79; Dorich v. DiBacco, 440 Pa.Super. 581, 586-87, 656 A.2d 522, 525,
aooeal denied, 542 Pa. 669, 668 A.2d 1132 (1995).
In the present case, there was no bankruptcy or other operation of law
that prevented plaintiff from prosecuting his case. See Collura, 686 A.2d at
395, 454 Pa.Super. at 578-79. The plaintifrs delay in prosecuting his case is
attributable only to matters that were entirely in his control, or his counsel's
control.
7
,
.
In Metz Contracting. Inc. v. Riverwood Builders. Inc., 360 Pa.Super. 445,
451,520 A.2d 891, 894, aooeal denied, 515 Pa. 623, 537 A.2d 431 (1987), the
Superior Court found that "the neglect or inadvertence of counsel to proceed
over a period of three years was inadequate to signify good cause" to reverse
the lower court's entrance of a judgment of non pros. Similarly, plaintiff in the
present case cannot be permitted to avoid the entry of a judgment of non pros
by blaming his three year delay in prosecution of this matter upon a lack of
diligence by his counsel. Clearly, plaintiff cannot demonstrate any justifiable
reason for his complete disregard of the most basic tenets of the judicial
system. Such disregard should not be rewarded by permitting plaintiff to go
forward with his case.
Finally, defendants have satisfied the third prong of the Jacobs test in
showing that plaintiffs lack of diligence in prosecuting his case resulted in
actual prejudice to defendants. In James Bros. Lumber Co. v. Union Banking
& Trust Co. of Du Bois. Pa., 432 Pa. 129, 132, 247 A.2d 587, 589 (1968) the
Pennsylvania Supreme Court noted that prejudice could be established by the
death or absence of a material witness. In the present case, Plaintiff alleged in
his Complaint that the defendants tortiously interfered with his business
relationship with Virgil and Pauline Turrins and with Mr. Turrin's business,
Au, Inc. See Exhibit "A." As such, Mr. and Mrs. Turrin would be two of the
most crucial witnesses at the trial of this matter. However, Mr. and Mrs.
Turrin moved to Florida several years ago. Although it is believed that the
Turrins are still in Florida, their exact location is not known. See Exhibit "D."
K
Moreover, it is not even certain that Mr. and Mrs. Turrin are still alive. As
such, plaintirrs delay in prosecution of this matter has resulted in the absence
of material witnesses, and defendants have suffered substantial prejudice. See
James Bros. Lumber Co., 432 Pa. at 132,247 A.2d at 589.
Moreover, Mr. Turrin's company, Au, Inc., ceased doing business several
years ago. See Exhibit "D." As such, any records from Au, Inc. which may be
necessary to the trial of this matter, are likely no longer in existence.
Moreover, any employee of Au, Inc., who may have been a potential witness to
this matter, will be extremely difficult, if not impossible, to locate.
Defendants anticipate that witnesses other than the Turrins may also be
important to the trial of this matter. Defendants contacted and interviewed
numerous potential witnesses in 1995 and 1996, when the investigation of this
matter was undertaken. It is highly likely that these potential witnesses
contacted by defendants will be difficult, if not impossible, to locate now. For
example, defendants anticipate that Skip Klinger, the manager who took over
Mr. Strinkoski's position at MetLife, would be a valuable witness. However, it
is believed that Mr. Klinger has information regarding the business
transactions between MetLife, Plaintiff and the Turrins. Mr. Klinger is no
longer employed by MetLife, and his current whereabouts are unknown. See
Exhibit "D."
9
:
Moreover, even if these witnesses are located, their memories of the
incidents at issue in this law suit will certainly have faded.. The Court in
Neshaminv Constructors. Inc. v. Plymouth Townshio. 132 Pa.Cmwlth. 299,
235, 572 A.2d 814, 817 (1990), in upholding the trial court's granting of a
motion for non pros, found that prejudice was established by the defendant
because -memories [of witnesses] had faded and a witness had retired." In the
present case, the prejudice is even more severe, as two key witnesses have
moved to an unknown location out of the state, and are therefore beyond the
Court's subpoena power. Moreover, the location of numerous additional
witnesses is unknown.
In Metz Contracting. Inc., thc Court found that sufficient prejudice had
been demonstrated by the dcfendant whcre -its ability to present factual
information at trial may be substantially diminished because of a potential
inaccessibility of relevant records." Metz Contracting. Inc., 360 Pa.Super. at
451,520 A.2d at 894. In the present case, the Penn-Harris branch of MetLife,
the branch at which Plaintiff was employed, has been closed. The documents
that were stored at that branch, including those relative to Plaintiff, have been
moved to a variety of locations for storage. See Exhibit -D." As such, those
documents may now be extremely difficult to locate. Even if defendants arc
able to locate these crucial documents, defendants will undoubtedly undertake
significant expense to do so. Such an expenditure of time and money would
I Plaintiff did not attempt to memorialize the testimony of any witness through the taking of
depositions.
III
IV. CONCLUSION
In the present case, plaintiff effectively abandoned his cause of action for
almost three years and then, suddenly, asked the Court to list this matter for
trial. Plaintiff undoubtedly failed in his obligation to move his case fOlWard in
a timely manner, and, as a result, defendants have been prejudiced.
Defendants respectfully request that such blatant disregard for the judicial
system by the plaintiff not be rewarded. For all of the reasons stated herein,
defendants Metropolitan Life Insurance Company and Daniel J. Strinkoski
respectfully request that defendants' Motion for Non Pros be granted and that
plaintiffs Complaint be dismissed, with prejudice.
Respectfully submitted,
BY:
a~ IJ~t/,---
Veronica W. Saltz
Amy G. McAndrew
Dated: ~/25'/1t
Attorneys for Defendants
Metropolitan Life Insurance Company
and Daniel J. Strinkoski
12
VERIFICATION
I, Amy G. McAndrew, hereby state and verify that I am the attorney
for Defendants Metropolitan Life Insurance Company and Daniel J.
Strinkoski; that I am authorized to make this Verification on behalf of
Defendants and that the statements made in the foregoing Motion for
Non Pros of Defendants Metropolitan Life Insurance Company and Daniel
J. Strinkoski are true and correct to the best of my knowledge,
information and belief. I understand that the statements therein are
made subject to the penalties of 18 Pa. C.S. !j4904 relating to unsworn
falsification to authorities.
tkt</(/Y??k~
Amy G. McAndrew
Dated: August 25, 1998
". ~. t." . . ' . ". "',
'", (1)
,
,
exhibit A
.
.,
MICHAEL J. KMAN. JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 94-2877 CIVIL TERM
DANIEL J. STRINKOSKl
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendants
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 amended complaint and notice have
been served. To defend against the aforementioned claims, a written appearance stating your
defenses and objections must be entered and filed in writing by you, the defendant, or by an
attorney. You are warned that if you fail to take action against these claims, the court may
proceed without you and a judgement for any money claimed in the amended complaint or for any
other claim required by the plaintiff may be entered against you by the court without further
notice. You may lose money, property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa. 17013 -- (717) 240-6200
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas
en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y
la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar
en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona.
Sea avisadQ que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra
usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUm
ASSISTENCIA LEGAL:
CUMBERLAND COUNTY
Court Administrator, Cumberland County Courthouse
Carlisle, Pa. 17013 -- (717) 240-6200
MICHAEL J. KMAN, JR.,
Plaintiff .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2877 CIVIL TERM
vs,
DANIEL J. STRINKOSKI
and METROPOLITAN LIFE
INSURANCE COMPANY,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED COMPLAINT
1. PlaintitrMichael J. Kman, Jr. (hereinafter "Kman") is an adult individual residing at I09ir
Meal Drive, Carlisle, Pennsylvania 17013.
2. Defendant Daniel J. Strinkoski (hereinafter "Strinkoski") is an adult individual with a last
known business address of 4718 Old Gettysburg Road, Suite 411, Mechanicsburg, Cumberland ~
County, Pennsylvania 17055.
3. Defendant Metropolitan Life Insurance Company (hereinafter "Metropolitan") is a A
corporation with offices at One Madison Avenue, New York, New York 10010, which regularly
conducts business in the Commonwealth of Pennsylvania, including, inter alia, in Cumberland County,
and further including the transaction from which the current litigation arises.
4, On or about January 6, 1992, Plaintitrand Defendant Metropolitan entered into a written
contract for employment. A true and correct copy of said contract is attached as Exhibit "A".
.
'.
5. At all times pertinent hereto, Defendant Strinkoski was employed by Defendant
N&J> B ,K,
/" ~
6, On or about December 23, 1992, Kman elivered a letter of resignation to Defendant
l~ (~~2-
Metropolitan as Kman's direct supervisor.
Metropolitan through its representative John G, Christopher, The effective date of the resignation was
j\C4'~
fta---t
January 22, 1993. A true and correct copy of said letteris attached as Exhibit "B". S ~ ~ ?-
/J~/1Z,
7. At all times pertinent hereto, Kman was employed as an Account Representative and an
Associate Branch Manager of the Metropolitan Life Insurance Company.
8. At all times pertinent hereto, Kman also acted as a broker and held various licenses with
other companies. ~ ~'
--lVl$uf!ct--
9. As an Account Representative of Metropolitan, and a~k0Kman was authorized to
solicit clients an~te contracts and pOliciei>>f~uch clients.
10. At all pertinent times hereto, Au, Inc. and Virgil J. Turrin and Pauline Turrin, his wife,
(hereinafter~"Turrin")' were clients ofKma~ ~ ~ ~~
11. Prior to ,giving formal written notice of resignation to Metropolitan, Kman informally
made it known to Defendant Strinkoski that it was his intention to resign in the near future.
.
12. During the course of the previous year, Kman has expended considerable effort and time in
preparing a business consultation and estate and personal financial plan for Turrin and his company, in
addition to administering the group benefits for the corporation. ="11....... - . _I - -
IWOWt-- wJ ~,
0f6>BfJ ~ ~
13. In particular, Kman had written whole life policies on Turrin's wife, employees, group
~ ..- . '
health plan for the corporation,~oup dental. plan for the corporati~ Medic~re supplement insurance
~_:urrin: and supplemental medical insurance for corporate emPloyeeyall of which g~nerated
commissions for the Plaintiff. L~
14. One of the last policies of insurance Plaintiff was able to write for Turrin was a life
insurance policy on Turrin's life, for purposes of estate conservation, which Plaintiff was able to secure
through John Hancock Mutual Life Insurance Company (hereinafter "John Hancock"),
tU5't'\S " Mf. t). ~6i,}r
15. The policywas secured through John Hancock, in lieu of Metropolitan, because John
Hancock was able to provide more insurance at a more favorable rate than could be provided by
Metropolitan.
t0SqFF- ,
16. On or about December 11, 1992, Defendant Strinkoski, aware of Plaintiff's impending
resignation, and the John Hancock policy prepared for Turrin, called Kman and begged him not to
~ .~.
resign from Metropolitan. 1) ~
24. The represcntations that Strinkoski made to Turrin wcre falsc,
))~
25. Dcfcndant Strinkoski kncw thc falsity ofthc statemcnts madc, and/or acted in rcckless
disrcgard as to the truth or falsity ofthc statcmcnts, ~
26, At the timc of this mccting, Strinkoski was acting as Kman's immediate supervisor, and
was acting on behalf of Mctropolitan as a duly autqorizcd employce and representative for
Metropolitan, ~ /A~ .
27. Over a pcriod of months at thc end of 1992 and early 1993, Strinkoski further made untrue
statements concerning Kman's character, to other licensed insurance agents, and to clients ofKman
who called the office looking for Kman. ~
28. Shortly after February, 1993, Strinkoski sent, via facsimile, a copy of a newspaper article
conceming allegations about Plaintiff and his wife re tive to alleged abuse of their daughter.
4
29. Said newspaper article, having nothing to do with the Plaintiff's or Defendant's business,
and put it with Defendant Strinkoski and Defendant Metropolitan.
was sent to Turrin for the primary purpose of coercing Turrin to take his business a
30. Defendant Strinkoski forwarded the aforementioned facsimile to Turrin in his capacity as a
former supervisor of Kman, and an employee and supervisor working for Metropolitan, and as a duly
~
authorized agent thereof
3 1. As a result of the Defendant Strinkoski's misrepresentations and statements to Turrin,
Turrin canceled all insurance, both personal and corporate, written by the Plaintiff. /
~
32. As a result of the cancellation of insurance, Plaintiff received chargebacks and his
persistency rating within the insurance industry was reduced, which results in a lower calculation of
'\. (' r.
commissions across all insurance written by the Plaintiff. ~
33. Plaintiff had a reasonable expectation, given his relationship with Turrin and his
corporation, that he would continue to receive commissions based on the previously WIjuen policies,
and future policies to be written.
~
34. Plaintiff believes and therefore avers that, absent Defendant Strinkoski's active
misrepresentations and inducements, Turrin would have remained a lucrative client, providing renewal
~ .~
commissions for years to come. ~
35. Defendant Strinkoski's actions and representations had the primary purpose of depriving
Plaintiff of a lucrative business relationship, and a source of income from which Plaintiff supported his
wife and family. lkJ
36. Defendant Strinkoski's actions, statements and misrepresentations were wilful, malicious,
-
and outrageous.
.
37. Plaintiff did not becomc awarc of the statcments and misrepresentations Strinkoski madc to
Turrin until thcy wcrc discloscd by Turrin in responsc to discovery requcsts in another lawsuit in or
about May of 1994. ~
-
COUNT I
MICHAEL J, KMAN, JR. v. DANIEL J, STRINKOSKI
TORTIOUS INTERFERENCE WITH A BUSINESS RELATIONSHIP
38. Paragraphs 1 through 37 are hereby incorporated by reference as ifset fortI} at length.
39. Plaintiff had a valid, existing, and lucrative business relationship with a third party, i.e.
Turrin.
40. Plaintiff had a reasonable expectation of continuing economic gain resulting from this
relationship.
41. Defendant Strinkoski, acting on behalf of himself, and as a duly authorized representative
of Metropolitan, engaged in conduct which had an adverse effect on Plaintiff's continuing business
relationship with Turrin.
42. Defendant Strinkoski intended to cause destruction or harm to the relationship between
Turrin and Kman.
43, Defendant Strinkoski's conduct was the proximate cause of the destruction of the business
"
relationship between Plaintiff and Turrin,
44. Plaintiff has suffered damages resulting in lost commissions and renewals resulting from
the loss of the following policies:
.
(a) Pauline A. Turrin - whole life
(b) Au, Inc. - employee whole life
(c) Au, Inc, - group health plan
(d) Au, Inc, - group dental plan
(e) Virgil Turrin - Medicare supplement
(f) Virgil Turrin - investments
(g) Pauline and Virgil Turrin - IRAs
45. As a proximate result of the conduct of the Defendant Strinkoski, Plaintiff has lost
renewals on all of the aforementioned pOlicies,:d on p.olicDs generated by Virgil Turrin's estate
conservation plan for the indefinite future, ~
46. As a proximate result of the Defendant Strinkoski's conduct, Plaintiff has lost income as a
~It 0," d~;o W. ,_ "d'g 00 W.~... blook ofb""'... ~
47. Plaintiff believes and therefore avers that Virgil Turrin, as a result of the representations
made to himby the Defendant Strinkoski, directly or indirectly, caused his associate, Mark Carbone, to
52. Defendant Strinkoski made defamatory remarks concerning Plaintifl's honesty, character
and professional integrity.
53. Defendant Strinkoski published the above refcrcnced statcmcnts to Turrin and others.
54. Defendant Strinkoski, in his communications with Turrin and others, specifically referred
to Plaintiff as the focus of his communications.
55. Turrin and the other recipients of Defendant Strinkoski's communications u,nderstood that
these communications refer to Plaintiff.
56. Turrin and the other recipients of Defendant Strinkoski's communications understood that
!
these communications were defamatory toward Plaintiff.
57. Defendant Strinkoski was not privileged to make the above referenced communications.
58. As a direct and proximate result of the Defendant's conduct, Plaintiff has been injured as
aforesaid.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against
both Defendants, jointly and severally, for unliquidated damages exceeding the jurisdictional amount
requiring arbitration, punitive damages, attorneys fees, plus costs of this action, interest and other relief
this Court may deem appropriate,
.
COUNT III
MICHAEL J. KMAN, JR. v. DANIEL J. STRINKOSKI
DEFAMATION PER SE
59. Paragraphs I through 57 arc hcrcby incorporatcd by reference as ifset forth at length.
60. By making the statcmcnts refcrenccd above, Defendant Strinkoski. has defamed Plaintiff
concerning his business and profession.
61. By making the statements referenced above, Defendant Strinkoski, has defamed Plaintiff
concerning alleged criminal charges unresolved at the time of communication,
62, As a result of the Defendant's conduct, Plaintiff has been injured as aforesaid.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment
against Defendants, both jointly and severally, for unliquidated damages exceeding the jurisdictional
amount requiring arbitration, punitive damages, attorneys fees, plus costs of this action, interest and
other relief this Court may deem appropriate,
COUNT IV
MICHAELJ, KMAN, JR. v. METROPOLITAN LIFE INSURANCE COMPANY
BREACH OF CONTRACT
63, Paragraphs 1 through 60 are hereby incorporated by reference as if set forth at length,
, ,
64. Defendant Metropolitan had a valid cmploymcnt contract with Kman.
65. It is belicved and thereforc averred that Defendant Strinkoski knew ofthc cmploymcnt
contract bctween Dcfendant Metropolitan and Kman.
66. Thc employmcnt contract, and all manuals rcfcrenced therein, between Defendant
Metropolitan and Kman, had an implied covenant of good faith and fair dealing.
67. Defendant Strinkoski madc many of the above rcferenced communications ~hile Kman
was still an employee of Defendant Mctropolitan,
68. As a result of Dc fend ant Strinkoski's actions and communications, hc has breached the
implied covenant of good faith and fair dealing in thc employment contract.
69. Defcndant Strinkoski's breach of said covenant was a result of his dcfamatory and injurious
communications to others concerning Kman.
70. As a result of Defendants breach of the implied covenant of the employment contract,
Kmon has suffered considerable econornic damage.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment
against Defendants, both jointly and severally, for unliquidated damages exceeding the jurisdictional
:
amount requiring arbitration, punitive damagcs, attorncys fees, plus costs of this action, interest and
other relicf this Court may dccm appropriate.
COUNT V
MICHAEL J. KMAN, JR. v, DANIEL J. STRlNKOSKI
DISPARAGEMENT OF PLAINTIFF'S SERVICES
71. Paragraphs 1 through 70 are hereby incorporated by reference as if set forth at length.
72. Defendant Strinkoski has published the above referenced defamatory communications to
clients ofKman including, but not limited to, Turrin,
73. As a result of Defendant Strinkoski's communications, Plaintiff has suffered economic
damage and has been unable to sustain his prior economic position.
74. Defendant Strinkoski published these communications knowing them to be false or with
complete disregard as to their truth.
~
75. Plaintiff's ability to makc a living and perform his occupation is based upon his good
character, integrity, and personal relationship with his clients.
76, Defendant Strinkoski kncw or should have known that these communications would
adversely affect Kman,
.
81. It is believcd and thcrefore avcrrcd that Dcfcndant Mctropolitan bcnefitted from Dcfendant
Strinkoski's actions and communications conccrning Kman.
82. Dcfendant Metropolitan knew or should have known ofDcfenCiant Strinkoski's actions in
defaming, humiliating, and disparaging Kman and his services,
83. Defendant Mctropolitan is liable for all damages undcr the doctrine of Respondeat
Superior.
WHEREFORE, Plaintiff respcctfully requests this Honorable Court to enter judgment against
Defendants, both jointly and severally, for unliquidated damages exceeding the jurisdictional amount
requiring arbitration, punitive damages, attorncys fees, plus costs of this action, interest and other relief
this Court may deem appropriate.
Respectfully submitted,
g.>~Q/~tJ"~
-..-
1 hn W, Purcell, Jr.
.D. 29955
1719 North Front Street
Harrisburg, P A 17102
(717) 234-4178
EXHIBIT "A"
J:!V!:s Metropolitan Ute'"
~ ANOAFFAJATEOCOMPANIES
".rropollr.tt Uf. 'n"".ttc. Comp.ny
Q1e MnSOtl~. Httw tbt., NY IOOIO.JG!)(J
,ppointment of Account Representative
To-fUcJICI" e 2_-Km.an..,-J n 12 lC A I '<3/ t "11 u
You are hereby appointed an Accounl Representalive of Melropolitan L1le Insurance Company (hereinaller called
"Melropolilan"), You are aulhorlzed to represent Melropolilan and any subsidiary. agency or company designated by
Melropolilan In wriling (herelnaller. "deslgnales"). subject to the following condllions:
1. You are 10:
(a)' procure promplly whatever licenses are required 10 enable you 10
perlorm your dulies as an Accounl Representalive and act at all limes
wllhln the scope of such licenses; transact all business wilh Metro.
politan or any of its subsidiaries or designates through and subject to
the general supervision and direclion of the Management ollhe Sales
Ollice to which you are assigned;
(b) relrain from soliciling. wrlling or receiving applicalions for Insur-
ance. equily products or annully contracts for Metropolitan or any of
ils subsidiaries or designales unlil you are duly licensed to sell such
insurance. equity products or annuity contracts:
(c) commencing as soon as you have been duly licensed to do so.
canvass for and procure acceptable applications for contracls 01
insurance and annuilies of all kinds and classes 01 risks and upon
the plans issued by Melropolitan or any of lis subsidiaries or desig-
nales. and deliver all contracts issued by Melropolilan or any 01 lis
subsidiaries or designates on such applicalions:
. canvass for and procure applicalions for eqully products Issued
Melropolitan or any 01 ils subsidiaries or designates subject to the
applicable State. Federal and Nalional Associalion of Securilies
Dealers Inc.. rules and regulalions wilh respect to the licensing of
Regislered Representalives and the applicable State laws with
respect to Ihe licensing of Insurance agents to sell eqully products;
(e) procure such applicalions in sufficient volume as to meet produc-
lion objeclives established by the company and the net production
credit requiremenl under the Financing Plan. II you are operating
under a Financing Plan;
(I) com pie Ie in a manner salisfactory to Metropolitan. training pro.
grams as may be made available from time to time:
(g) give prompt and courteous service to policyholders and annui.
tants whose conlracts are for the time being allotted to your account.
and assist them in realizing the benefits provided by their policies
and contracts. and make every effort to keep in force-and In event
01 lapse. to secure '!he reinstatement of-all such policies and
conlracts;
(h) receive the premiums. considerations and such other moneys as
you may be authorized to receive on contracts for the time being allot-
ted to your account: account for and pay over to Metropolilan. In
accordance wilh the applicable rules and regulallons. all moneys paid
to you as an Account Representative;
(I) perlorm all the services enumeraled above and such olher servo
ices as Metropolitan may require in accordance with the rules and
regulations and through Ihe use of the appropriate forms 01 Metro.
noli tan or any of ils subsidiaries or designates:
Dale
Jaf!I/(J!!!In6Lnu. 19..9./__..
(j) observe and be bound by the rules 01 Melropolitan as they may be
changed by Metropolitan from lime 10 time; Including but not limiled
to. those embodied in the Manual ollnslructions for Account Repre.
sentatives and in any supplemental rules and regulations applicable
to business 01 Melropolitan or any of lis subsidiaries or designates,
2. You are not aulhorized 10 make. alter or discharge Ihe contracts 01
Metropolitan or any ot ils subsidiaries or designates; to waive lorlei.
tures; or to bind Metropolitan or any 01 its subsidiaries or designates
in any way not specifically authorized In writing by an authorized offi.
cer 01 Metropolilan or any of its subsidiaries or designates,
3. For each week you actively perlorm the duties 01 your agency
you will receive an ameunt determined In accordance wilh provi.
sions 01 the Compensation Rules and Schedules Manual which
include the applicable commission and compensation schedules
as they may be issued. substituted or changed by Metropolitan or
any of its subsidiaries or designates Irom time to time. You are to
bear all expenses, except those expressly assumed by Metropoli.
tan or any 01 ils subsidiaries or designates In writing. Incurred by
you In your capacily as an Account Representative.
,I
4. Your appointment is not a guarantee of permanent employment
and may be terminated by Melropolitan without advance notice for
breach of any 01 the condilions of your appOintment and also at any
time by two weeks' nolice (or two weeks' compensation in lieu
thereof) in writing given to you In person or by mailing such notice 10
your last address as shown on the records 01 Melropolitan, Your
appointment wih Metropolitan may be terminated by you at any time
on not more than two weeks' nolice In writing to Metropolilan, Fol.
lowing termination of your appointment, if you have completed 12
Fiscal Periods your commission account will be adjusted and where
applicable lhe excess, il any. of credits overthe debils.lncluding any
oulslanding Interim payments among olher things. will be payable
as ouliined in the applicable commission and compensation sched.
ules as such schedules may be Issued. substiluled or changed by
Metropolilan from time to time,
5. The lerms 01 this appointment may be changed only by an aulhor.
ized ollicer 01 Metropolitan in writing and nol by any representative of
Metropolilan In any of Its branch. district or regional offices,
6. The commission and compensation schedules and the rules and
regulations 01 Metropolitan or any of ifs subsidiaries or designates
may be issued. substituted or changed only by an authorized ollicer
01 Metropolitan or any of lis subsidiaries or designates In writing and
not by any representative of Metropolitan or any 01 ifs subsidiaries or
designates in any of lis branch. dlslricl or regional ollices,
7. This appointmenl supercedes any prior appoinlmenl between
you and Metropohlan.
Metropolitan lile Insurance Company
(JYi;Q;~-;V'~-;;-";':'::lJ~6"~~=:t2'L__-
.
.
EXHIBIT "B"
. , .
, .. .
. .
. .J /"':)"/
.}~ ~'fo 9 r"
f~y
2903 Society lIil1 Drive
Apartment H310
Camp lIi11, Pa. 17011
December 23, 1992
Daniel J. Strinkoski, Branch Manager
Metropolitan Life
2000 Ling1estown Road, Suite 108
Harrisburg, Pa, 17110
Dear Mr. Strinkoski:
€'x 11 1 'l3,. :.;- 1/&'"
At this time I must respectfully give advance notice of my intent .
to resign. My last official day of work will be 1-22-93. This will
also be my last pay period.
I have enjoyed working with you this past year. In retrospect, 1992 as
a whole, was very successful. However, as Metropolitan's direction
has changed, so has mine,
I wish you success and happiness in your new career path. If ever
I can help you in any way please don't hesitate to call.
.
r
RespeL1Y'
1ft., J. (l~~
Associate Branch Manager
~
-
..... I....
CERTIFICATE OF SERVICE
I, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct
copy of the foregoing was served on the Defendants by sending said copy to their attorney of
record by first class U.S. mail on September 8, 1994:
Timothy J. Harrington, Jr., Esquire
Saul" Ewing, Remick & Saul
240 North Third Street, Suite 700
Harrisburg, PA 17101
Attorney for Defendants
JOHN W. PURCEL
I.D. NO. 29955
......".'H.... all...'.""" "., ~l''''l'' @
Exhibit B
-,-
~1l
1
MICHAEL J. KMAN, JR.. )
)
Plaintiff, )
)
~ )
)
METROPOLITAN LIFE INSURANCE )
COMPANY and DANIEL J. STRINKOSKI, )
)
Defendants. )
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 94 - 2877 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Attorneys for Plaintiff
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS
FROM THE SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST
YOU.
Dated:
October 25, 1994
21309,1 1012$/94
(jl . i*~2,-~b'-
Tim J. Harr on, Jr.
~
...
...
~....
1,.";-1
"'U:t; ..!
, w.
;'.''''.'
:r:'"l:I";, .
IJlr" ,;
-.r;-:'.;..,' .s::..
,-~-t(..,,;
.-':t:r-'I 0
~~~:; m
j;.....~"' -::J
~~ .::a:
...r(?< c.G
.c.
......
...-,
4. Defendants admit that contract attached to the Amended Complaint was entered
into between the parties but deny that Exhibit A constitutes the entire agreement and avers
affirmatively that the relationship between the parties was further subject to provisions of the
documents cited in Exhibit A, namely the Manual of Instructions for Account Representatives
and the Compensation Rules and Schedules Manual, among others.
5. Defendants deny the allegations of paragraph five and, to the contrary, aver
that Mr. Strinkoski took a new position on or about November 15, 1992, effective December
23, 1992 with the appointment of a new Branch Manager.
6. Defendants admit that the letter described was tendered to Mr. Christopher on
December 23, 1992 and states that the letter itself states that Plaintiffs resignation was
effective as of January 22, 1993, but denies that such statement is or was binding upon
Metropolitan.
7. Defendants deny that Plaintiff was "at all times pertinent hereto" employed as
an account representative or associate branch manager of Metropolitan and avers to the
contrary that plaintiff was hired as an Account representative in January of 1992; was
appointed an associate branch manager by Strinkoski in July of 1992; and left Metropolitan in
December of 1993.
8. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph eight, and therefore
neither admit nor deny the same, but demand strict proof thereof.
9. Defendants state that plaintiff had that authority conferred upon him under the
Account Representative Appointment Agreement (Exhibit A to Plaintiffs Complaint) and the
21lO9,I 10I2.l194
-2-
others documents incorporated therein by reference and deny the allegations of paragraph 9 in
so far as they are inconsistent with the same.
10. Defendants deny that the specified entities were "clients" of Plaintiff and avers,
to the contrary, that they were customers of Metropolitan and had policies of insurance
placed with Metropolitan.
11. Defendants deny the allegations in paragraph eleven, and aver, to the contrary
that Plaintiff never notified Defendant Strinkoski of any intention to resign prior to the
tendering of the letter mentioned in paragraph 6 and attached to the complaint as Exhibit B.
12. After reasonable investigation, Defendants have insufficient knowledge with
which to, form a belief as to the truth of the allegations in paragraph twelve, and therefore
neither admit nor deny the same, but demand strict proof thereof.
13. Defendants admit that Plaintiff sold whole life insurance policies to Mr.
Turrin, Mrs. Turrin and a group health insurance policy/plan to Au, Inc. and that he was
paid commissions thereon by Metropolitan but, after reasonable investigation, Defendants
have insufficient knowledge with which to form a belief as to the truth of the remaining
allegations in paragraph thirteen, and therefore neither admit nor deny the same, but demand
strict proof thereof.
14. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph fourteen, and therefore
neither admit nor deny the same, but demand strict proof thereof. To the extent that such
allegations are taken to mean that the sale of the policy was done in the course and scope of
Plaintifrs employment with Metropolitan it is denied and defendants aver, to the contrary,
2IJ09,I 10115/94
-3-
that if Plaintiff made such a sale, he did not do so in the course and scope of his employment
with Metropolitan.
15. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph fifteen, and therefore
neither admit nor deny the same, but demand strict proof thereof. To the extent that such
allegations are taken to mean that the sale of the policy was done in the course and scope of
Plaintiff's employment with Metropolitan it is denied and defendants aver, to the contrary,
that if Plaintiff made such a sale, he did not do so in the course and scope of his employment
with Metropolitan.
16. The allegations of paragraph sixteen are denied and Defendants aver, to the
contrary, that no such communication took place.
17. The allegations of paragraph seventeen are denied and Defendants aver, to the
contrary, that no such communication took place.
18. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph fifteen, and therefore
neither admit nor deny the same, but demand strict proof thereof. To the extent that such
allegations are taken to mean that Plaintiff was acting in the course and scope of his
employment with Metropolitan, they are denied and defendants aver. to the contrary, that if
Plaintiff made such a decision, he did not do so in the course and scope of his employment
with Metropolitan.
19. The allegations of paragraph nineteen are denied and Defendants aver, to the
contrary, that no such communication took place.
28309,1 1012$/94
-4-
20. The allegations of paragraph twenty are denied and Defendants aver, to the
contrary, that no such communication took place.
21. The allegations of paragraph twenty-one are denied and Defendants aver, to the
contrary, that no such communication took place.
22. The allegations of paragraph twenty-two are denied and Defendants aver, to
the contrary, that no such communication took place.
23. The allegations of paragraph twenty-three are denied and Defendants aver, to
the contrary, that no such communication took place and, further, aver that the alleged
policies were never shown to Defendant Strinkoski, nor was he made aware of their
provisions.
24. The allegations of paragraph twenty four constitute a conclusion of law to
which no response is required under the Pennsylvania Rules of Procedure. To the extent that
said allegations are taken to be factual in nature, they are denied.
25. The allegations of paragraph twenty five are conclusions of law to which no
response is required under the Pennsylvania Rules of Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
26. The allegations of paragraph twenty six are conclusions of law to which no
response is required under the Pennsylvania Rules of Procedure. To the extent that said
allegations are taken to be factual in nature, Defendants deny that the meeting alleged by the
Plaintiff ever occurred and therefore deny the allegations of paragraph 26. Defendants admit
that Strinkoski was and is an employee of Metropolitan.
21lO9,I Illml94
-5-
27. Defendants deny the allegations of paragraph twenty-seven and incorporate
herein by reference their answer to paragraphs 1-27, above.
28. Defendants admit the allegations of paragraph twenty-eight.
29. Defendants deny the allegations contained in paragraph twenty-nine and aver,
to the contrary, that it was sent to Mr. Turrin at his request.
30. Defendants admit that Strinkoski was and is employed by Metropolitan and that
he forwarded the facsimile in response to a request therefor by a Metropolitan insured. To
the extent the allegations of paragraph 30 are inconsistent with the foregoing, they are
denied.
31. Defendants deny the allegations of paragraph thirty-one, in that they deny that
any such misrepresentations were made and as to the reasons for the cancellations of the
alleged policies of insurance, after reasonable investigation, Defendants have insufficient
knowledge or information upon which to fonn a belief as to the truth of said allegations and
therefore neither admit nor deny the same, but demand strict proof thereof.
32. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph thirty-two, and therefore
neither admit nor deny the same, but demand strict proof thereof.
33. After reasonable investigation, Defendants have insufficient knowledge with
which to form a belief as to the truth of the allegations in paragraph thirty-two, and therefore
neither admit nor deny the same, but demand strict proof thereof.
34. Defendants deny the allegations of paragraph thirty-four, in that they deny that
any such misrepresentations were made and as to the reasons for the cancellations of the
2IlO9,I IDI1.lI94
-6-
alleged policies of insurance, after reasonable investigation, Defendants have insufficient
knowledge or information upon which to form a belief as to the truth of said allegations and
therefore neither admit nor deny the same, but demand strict proof thereof.
35. Defendants deny the allegations of paragraph thirty-five and incorporate herein
by reference their answers to paragraphs 1-34, above.
36. The allegations of paragraph thirty-six are conclusions of law to which no
response is required under the Pennsylvania Rules of Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
37. Defendant has insufficient knowledge with which to form a belief as to the
truth of the allegations of paragraph thirty-seven and therefore neither admits nor denies the
same, but demands strict proof thereof.
COUNT I
38. Defendants incorporate herein by reference their answers to paragraphs 1-38 of
plaintiffs complaint as though fully set forth, as their answer to paragraph 38.
39. Defendant states that Plaintiff had sold Turrin, his company and his wife
polices of insurance as set forth in Defendants answer to paragraph 13, which is incorporated
herein by reference and denies the allegations of paragraph 39 insofar as they are inconsistent
with the same.
40. The allegations of paragraph forty are conclusions of law to which no response
is required under the Pennsylvania Rules of Procedure. To the extent that said allegations
are taken to be factual in nature, they are denied and defendants aver to the contrary that any
28J09,1 10/25/94
-7-
expectation Plaintiff may have had wa~ subject to the same exigencies and uncertainties as
any future event(s).
41. Defendants admit that Strinkoski was and is an employee of Metropolitan. The
remaining allegations of paragraph forty-one are conclusions of law to which no response is
required under the Pennsylvania Rules of Civil Procedure. To the extent that said allegations
are taken to be factual in nature, they are denied.
42. The allegations of paragraph forty-two are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
43. The allegations of paragraph forty-three are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
44. The allegations of paragraph forty-four are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
45. The allegations of paragraph forty-five are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
46. The allegations of paragraph forty-six are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
28309.110125/94
-8-
47. The allegations of paragraph forty-seven are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, after reasonable investigation, Defendants have
insufficient knowledge or information upon which to form a belief as to the truth of said
allegations and therefore neither admit nor deny the same, but demand strict proof thereof.
48. Defendants are aware that Turrin has filed at least two suits naming Plaintiff
herein as a defendant, but with respect to the allegations as to causation, Defendants state that
the same are conclusions of law to which no response is required under the Pennsylvania
Rules of Civil Procedure and, with respect to the remaining allegations of paragraph forty-
eight, after reasonable investigation, Defendants have insufficient knowledge or information
upon which to form a belief as to the truth of said allegations and therefore neither admit nor
deny the same, but demand strict proof thereof.
49. The allegations of paragraph forty-six are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, Defendants deny the allegations of paragraph
forty-nine and aver to the contrary that no such violations have occurred and, further, aver
that such regulations do not confer a private right of action upon plaintiff and are irrelevant
to this action.
2IlO9.1 10I1.l/94
-9-
.
.
COUNT II
50. Defendants incorporate herein by reference their answers to paragraphs 1-49 of
plaintiffs complaint as though fully set forth, as their answer to paragraph 50.
51. The allegations of paragraph fifty-one are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
52. The allegations of paragraph fifty-two are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
53. The allegations of paragraph fifty-three are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that said
allegations are taken to be factual in nature, they are denied.
54. Defendants deny the allegations of paragraph fifty-four and incorporate herein
by reference their answers to paragraphs 1-54, above, as though fully set forth. Plaintiff has
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place.
55. Defendants deny the allegations of paragraph fifty-five and incorporate herein
by reference their answers to paragraphs 1-54, above, as though fully set forth. Plaintiff has
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place.
56. Defendants deny the allegations of paragraph fifty-six and incorporate herein
by reference their answers to paragraphs 1-55, above, as though fully set forth. Plaintiff has
21lJ09,I 10125/94
-10-
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place. Further, the allegation that any such
communications were defamatory is a conclusion of law to which no response is required.
57. Defendants deny the allegations of paragraph fifty-seven and incorporate herein
by reference their answers to paragraphs 1-55, above, as though fully set forth. Plaintiff has
not identified with any specificity the communications referred to nor the persons with whom
such communications allegedly took place.
58. The allegations of paragraph 58 are conclusions of law to which no response is
required. To the extent they are taken to be factual in nature, Defendants deny the
allegations of paragraph 58, and aver to the contrary that no conduct of the Defendants in
any way injured the plaintiff and, in the alternative, deny that plaintiff was injured in the
maMer or to the extent alleged.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
28JOI/.1 10125/94
-11-
COUNT III
59. Paragraphs 1-58 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
60. The allegations of paragraph 60 are conclusions of law to which no response is
required. To the extent they are taken to be factual, they are denied.
61. The allegations of paragraph 61 are conclusions of law to which no response is
required. To the extent they are taken to be factual, they are denied.
62. The allegations of paragraph 62 are conclusions of law to which no response is
required. To the extent they are taken to be factual, they are denied.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Coun deems appropriate.
Defendants demand trial by jury.
COUNT IV
63. Paragraphs 1-62 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
64. Defendants admit that there was such a contract at certain times, but denies the
allegations of paragraph 64 insofar as it lacks specificity and does not state the period of time
it is meant to relate to.
21lJ09,I 1012$/94
-12-
65. To the extent that such a contract existed, as stated in paragraph 64 of
Defendants' answer, it is admitted.
66. The allegations of paragraph 66 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendant denies
the same and avers that the provisions of the contract are as set forth therein.
67. After reasonable investigation, Defendants have insufficient knowledge or
information with which to form a belief as to the truth of the allegations of paragraph 66 as
the alleged communications are not specified nor the persons communicated to nor the
contents thereof, nor the alleged times of such communications and therefore neither admit
nor deny the same but demand strict proof thereof.
68. The allegations of paragraph 68 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendants deny
the same and aver that the provisions of the contract are as set forth therein and further, that
plaintiff breached the contract himself by acting in a manner inconsistent with the fiduciary
duties owed the defendant.
69. The allegations of paragraph 69 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendants deny
the same and aver that the provisions of the contract are as set forth therein and further, that
plaintiff breached the contract himself by acting in a manner inconsistent with the fiduciary
duties owed the defendant.
70. The allegations of paragraph 70 are a conclusion of law to which no response
is required. To the extent said allegations are taken to be factual in nature, defendants deny
2IJ09,I 10125/94
-13-
the same and aver t"at the provisions of the contract are as set forth therein and further, that
plaintiff breached the contract himself by acting in a manner inconsistent with the fiduciary
duties owed the defendant and that such damage, if any, which occurred was the result of
plaintiffs own conduct.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees. or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
COUNT V
71. Paragraphs 1-70 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
72. Defendants deny the allegations of paragraph seventy-two and incorporate
herein by reference their answers to paragraphs 1-71, above, as though fully set forth.
Plaintiff has not identified with any specificity the communications referred to nor the persons
with whom such communications allegedly took place. Further, the allegation that any such
communications were defamatory is a conclusion of law to which no response is required.
73. The allegations of paragraph seventy-three are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that
1IJ09,llom/94
-14-
they may be taken as factual in nature, they are denied and defendants aver that no act or
omission of theirs resulted in any damage to the plaintiff.
74. The allegations of paragraph seventy-four are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that
they may be taken as factual in nature, they are denied and defendants aver that plaintiff
pleaded guilty to the charges of child abuse/neglect referred to.
75. After reasonable investigation, defendants have insufficient knowledge or
information upon which to form a belief as to the truth of the allegations of paragraph
seventy-five and therefore neither admit nor deny the same but demand strict proof thereof.
76. The allegations of paragraph seventy-six are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied. Defendant merely provided a copy of an
article which was in the public domain and had already been seen by Turrin.
77. The allegations of paragraph seventy-seven are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied.
78. The allegations of paragraph seventy-eight are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
21309,1 10I2S194
-15-
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
COUNT VI
79. Paragraphs 1-78 of Defendants' answer to the amended complaint are
incorporated herein by reference, as though fully set forth, as their answer to paragraph 59.
80. The allegations of paragraph eighty are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure.
81. The allegations of paragraph eighty-one are denied.
82. The allegations of paragraph eighty-two are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied.
83. The allegations of paragraph eighty-three are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent they are
taken to be factual in nature, they are denied.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them for
any sum of money whatsoever, or to punitive damages, costs and attorneys' fees, or to
interest or any other relief sought. Defendants pray that this matter be dismissed, that
judgment be entered in their favor and against the Plaintiff, including reasonable costs and
attorneys' fees and for such other relief as the Court deems appropriate.
Defendants demand trial by jury.
21309,llllI2.5/94
-16-
DEFENSES
84. Defendant repeats and restates its answers to paragraphs one through fifty-nine
of Plaintifrs complaint as though fully set forth.
85. Plaintifrs complaint fails to state a cause of action upon which relief may be
granted.
86. The alleged defamatory statements pleaded by the Plaintiff in his complaint are
in fact true and therefore no cause of action will lie against these Defendants.
87. The alleged defamatory statements pleaded by the Plaintiff in his complaint
were not made with actual malice, within the meaning of 42 Pa.C.S.A ~8344.
88. The alleged defamatory statements pleaded by the Plaintiff in his complaint
were not negligently or carelessly made, nor made wilfully, wantonly or with conscious
disregard, within the meaning of 42 Pa.C.S.A ~8344.
89. The alleged defamatory statements pleaded by the Plaintiff in his complaint are
protected by a qualified and/or conditional privilege under which these Defendants are
immune from suit.
90. The alleged defamatory statements pleaded by the Plaintiff were not, in fact,
defamatory in nature in that they were not direrrted to or against the Plaintiff.
91. There was justification for the statements allegedly made, within the meaning
of 42 Pa.C.S.A ~8342.
92. Plaintiff is a public figure in regard to the allegations set forth in his
Complaint.
21309,1 10125/94
-17-
93. Plaintiff was involved in a public controversy in regard to the allegations set
forth in his Complaint.
94. The alleged defamatory statements are in fact matters of opinion which are not
actionable.
95. The statements alleged to be defamatory are not actionable under Pennsylvania
law.
96. The alleged defamatory statements pleaded by the Plaintiff in his complaint are
protected by a privilege under which these Defendants are immune from suit.
97. All of the allegedly disparaging and/or defamatory communications alleged in
the complaint were made more than one year before the filing of the complaint in this matter,
and are therefore barred by the applicable statute of limitations, 42 Pa.C.S.A. ~ 5523, setting
forth a limitation period of one year, bars such an action. Abernethy v. Williams, 584 A.2d
1085, 136 Pa.Cmwlth. 715, (Pa.Cmwlth. 1990) appeal denied 602 A.2d 861, 529 Pa. 652.
98. The actions of defendants were not willful, wanton, malicious or outrageous
conduct designed to damage the plaintiff and therefore no claim for breach of the agency
contract will lie.
99. Since both the insurer and agent are parties to the agency contract, each party
has agreed to be bound by the terms of the contract and may not use a tort action to punish
the other party for actions taken under the contract.
100. The plaintiff was not a party to the insurance contract between Turrin, his wife
and/or Au, Inc. and, therefore, Defendants' contacts with Turrin cannot be an interference
21309,1 10125/94
-18-
with a contract relating to the insured, since there is no contract between the agent and the
insured.
101. To the extent that Turrin's cancellation of Metropolitan policies is alleged to be
the basis upon which plaintiff seeks recovery, the policy cancellations are not an actionable
interference with the agency contract since disputes under the agency contract must be settled
under the provisions of the agency contract.
102. All of plaintiffs actions are barred by the applicable statutes of limitation.
103. Plaintiff breached his contract with Metropolitan by tortiously interfering in
.
Metropolitan's contracts of insurance with Turrin, Au, Inc. and Mrs. Turrin and replacing
them or attempting to do so, with policies written by John Hancock or another insurer.
104. No private right of action is granted for violation of 40 P.S. ~ 1171.1, et seq.
nor will any action thereunder by plaintiff lie against these defendants.
105. Plaintiffs breach of the contract between he and Metropolitan nullified any
rights he may have had thereunder, excusing Metropolitan's performance and justifying any
acts it may have taken to preserve its contractual relationship with its insureds.
106. The claims stated by the plaintiff are subject to arbitration by virtue of the fact
that the plaintiff was covered by the provisions of a collective bargaining agreement which
requires the same and/or by his execution of an NASD U-4 form, under which he is required
to arbitrate all matters arising out of his employment.
107. Plaintiff is estopped from bringing a breach of contract action by his own
breach of the contractual agreement, excusing Metropolitan's performance and justifying
any acts it may have taken to preserve its contractual relationship with its insureds.
21309,1 10I2S/94
-19-
108. Plaintiff's breach of the contractual agreement between the parties constitutes a
failure of consideration, excusing Metropolitan 0 s performance and justifying any acts it may
have taken to preserve its contractual relationship with its insureds.
109. Plaintiff failed to mitigate his damages.
110. Defendants reserve the right to challenge any award of delay damages in this
case.
111. Defendants demand that appropriate hearings be conducted in this case prior to
any award of delay damages.
112. Rule 238 of the Pennsylvania Rules of Civil Procedure, on its face, and as
applied is violative of the Due Process and Equal Protection clauses of the Fourteenth
amendment to the Constitution of the United States, Section 1983 of Title 42 of the United
States Code and Article I, Sections 1, 6, 11 and 26 and Article V, Section 10(c) of the
Pennsylvania Constitution and imposes a chilling effect on the exercise by Defendants of their
constitutional rights.
113. Punitive damages are violative of the Due Process and Equal Protection clauses
of the Fourteenth amendment to the Constitution of the United States, Section 1983 of Title
42 of the United States Code and Article I, Sections I, 6, 11 and 26 and Article V, Section
10(c) of the Pennsylvania Constitution.
114. Punitive damages constitute an unwarranted and unconstitutional injection of
principles of criminal law into this civil action without the safeguards, in1C1: alia, of the
burden of proof beyond a reasonable doubt, freedom from double jeopardy, a defined
21309.1 10I2.l/94
-20-
standard for punishment and a limit thereto, and, by reason of the foregoing, are an
unconstitutional basis for the taking of defendants' property without due process of law.
115. Defendants reserve the right to file such additional defenses, affirmative
defenses, crossclaims, counterclaims and/or third party claims as may be appropriate upon
completion of their investigation and discovery in this matter.
WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against them in
a sum in excess of $50,000.00, or to punitive damages, costs and attorneys' fees, or to any
sum of money whatsoever. Defendants pray that this matter be dismissed, that judgment be
entered in their favor and against the Plaintiff, including reasonable costs and attorneys' fees
and for such other relief as the Coun deems appropriate.
Defendants demand trial by jury.
COUNTERCLAIM
116. There existed between Metropolitan Life Insurance Company and Michael
Kman certain contracts, at all times relevant hereto, which are attached hereto as Exhibits A,
Band C.
117. By a contract dated January 6, 1992, which was attached by Kman as Exhibit
A to his complaint and so marked herein, Kman was required, under Paragraph 1 (j) to ". . .
observe and be bound by the Rules of Metropolitan as they may be changed by Metropolitan
from time to time; including but not limited to, those embodied in the Manual of Instructions
1IJ09,110/25/94
-21-
for account representatives and in any supplemental rules and regulations of business of
Metropolitan . . ."
118. The relevant portions of the Manual of Instructions referred to in paragraph
117, and attached hereto as Exhibit B, contained the following provisions:
"7. A sales person, regardless of his/her date of appointment to the
Company, will not be permitted to broker business, except through
MetLife General Insurance Agency, Inc. (MLGlA). Anyone who
solicits business for any other company, except through MLGIA, will
be subject to termination.
8. Any sales person who is licensed with another company. except through
MLGlA, will, be subject to termination"
119. By the terms of such contracts, and in addition, the contract attached hereto as
Exhibit C, specifically Paragraph 2.a. thereof, Kman agreed that he would, ". . . not
directly or indirectly perform any act or make any statement which would tend to divert from
Metropolitan any trade or business with any customer, be it a person, a company or an
organization, to whom I previously sold insurance offered by or through Metropolitan; nor
will I advise or induce any customer of Metropolitan, be it a person, a company or an
organization, to reduce, replace, lapse, surrender or cancel any insurance obtained from or
through Metropolitan. "
120. Upon information and belief, Kman violated the provisions of the foregoing
contracts and breached the same by inducing Virgil Turrin, Au, Inc., Pauline Turrin, Beverly
28J09,1 10125194
-22-
VERIFICATION
I, Daniel J. Strinkoski, hereby verify that I have read the foregoing Answer to Complaint,
New Matter and Counterclaim, and the statements made therein which are within my
personal knowledge are true and correct and, as to the statements based upon the information
of others, I believe them to be correct after reasonable inquiry. Further, as to the statements,
language and averments which may contain legal conclusions, I have signed below, upon the
advice and counsel of my attorney that the same are required and/or are necessary to legally
raise and/or preserve issues for the defense of this matter.
I understand that statements made herein are subject to the provisions of 18 Pa.C.S.A. S
4904 relating to unsworn verifications.
Daniel J. Strinkoski
Dated:
21309.1 IllI25l94
CERTIFICATE OF SERVICE
I, Tim J. Harrington, Jr., one of the attorneys for the Defendants herein, state that I
have caused to be served a true and correct copy of the attached Defendant's Answer to
Plaintifrs Complaint, New Matter and Counterclaim upon the attorney listed below, by the
same being placed in the U.S. Mail, first-class, postage prepaid addressed to the following:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Attorneys for Plaintiff
,1,).
Tim J. Ha gto,
Saul, Ewing, Remlc & Saul
240 North Third Street
Suite 700
Harrisburg, PA 1710l
(717) 238-7675
Attorneys for Defendant:
Metropolitan Life Insurance Company
Dated: October 25, 1994
21lO9.110I2.l194
.
.;
EXHIBIT "A"
11M, Metronolitan Ufe'
W ANOAFFlLlATiOCOMPANIES
lletropolltMt UIt IMUtMCe Com,..",
01t Mdson A.oMut. ,.., Mri'. NY IOOR>o3GPO
Appointment of Account Representative
To
"';'t:,.' ."
t: I~ t' r:. ?'t.
.'
You are hereby appointed an Accounl Representallve 01 Metropolitan Llle Insurance Company (hereinafter called
"Metropolitan"). You are aulhorlzed 10 represenl Metropolilan and any subsidiary. agency or company designated by
Metropolitan m wrlllng (hereinafter. "designates"). sub,ectto the following condlllons:
1. You are 10:
(a) procure t>romplly I'otlalever lICenses are required to enable you to
perlorm your duties as an Account Representative and act at all times
within the scope 01 such licenses: transact all buSiness With Metro.
politan or any 01 ItS subsidiaries or deSignates Ihrough and subjeclto
the general supervisIOn and dlreclion 01 the Management ollhe Sales
Office to I'otllCh you are assigned:
(b) relraln Irom soliCiting. writing or receiving applications lor Insur.
ance. equity products or annuity contracts lor Metropolitan or any of
Us subsidiaries or deSignates until you are duty licensed to sell such
insurance. equity products or annUIty contracts;
(c) commencing as soon as you have been duly licensed to do so.
canvass lor and procure acceptable applicallons lor contracts 01
insurance and annUities 01 all kinds and classes 01 risks and upon
the plans issued by Metropolitan or any 01 ils subSidiaries or deslg.
nates. and deliver all contracts issued by Metropolitan or any 01 ItS
subsidiaries or deSignates on such applications:
(d) canvass for and procure applications lor equity products issued
by Metropolitan or any 01 ils subsidiaries or designates subject to the
applicable State. Federal and National Associallon 01 Securities
Dealers Inc.. rules and regulations wilh respecf to the licensing of
Registered Representatives and the applicable Stale laws wllh
respect to the licensing 01 Insurance agents to sell equity products:
(e) procure such applications in sufficient volume as to meet produc.
tion objectives established by the company and the nel production
credit requirement under the Financing Plan. if you are operating
under a Financlr'9 Plan;
(f) complete In a manner satisfactory to Metropolitan. training pro.
grams as may be made available from time to time;
(g) give prompt and courteous servrce to policyholders and annui.
tants whose contracts are lor Ihe time being allolled to your account,
and assist them In realizing the benelits provided by their poliCies
and contracts. and make every effort 10 keep in force-and in event
01 lapse. to secure the reinstatement ol-all such policies and
contracts;
(h) receive the premiums. considerations and such other moneys as
you may be authorized to receive on contracts for the time being allOt.
ted to your account; account for and pay over to Metropolitan. in
aceo<dance with the applicable rules and regulations, all moneys paid
to you as an Account Representallve;
(If perlorm all the services enumerated above and such other servo
Ices as Metropolitan may require in accordance wilh the rules and
regulations and through the use 01 the appropriate lorms 01 Metro.
polltan or any 01 ItS subsidiaries or designates:
Date
;}.'~'i.1:.......':." ~ J
19 92
100 (11891 Punted In USA
Ul observe and be bound by the rules of MetropolUan as they may be
changed by Melropolitan from time to time: including but notlimiled
to, those embodied in the Manual 01 Instructions for Account Repre.
sentallves and in any supplemental rules and regulations applicable
10 buSiness of Metropolitan or any 01 lis subsidiaries or designales.
2. You are not authorized to make. aller or discharge the contracts of
Metrcpolllan or any of ilS subsidiaries or designates: to waive forlei.
lures: or to bind Metropolitan or any 01 Us subsidiaries or designates
in any way not speclllCally authorized in writing by an authorized olli.
cer 01 Metropolitan or any 01 lis subsidiaries or designates.
3. For each week you actively perlorm the duties of your agency
you will receive an amount determined in accordance With provi.
sions of the Compensation Rules and Schedules Manual which
include the applicable commission and compensation schedules
as they may be issued. subslltuted or changed by Melropolltan or
any 01 Us subsidiaries or designates from time to time. You are to
bear all expenses, except those expressly assumed by Metropoll.
tan or any of lis subsidiaries or designates in writing, incurred by
you in your cepacity as an Account Represl'''ative. .
4. Your appointment is not a guarantee of permanent employment
and may be terminated by Metropolitan wllhout advance notice for
breach of any of the condilions 01 your appointment and also at any
time by two weeks' notice (or two weeks' compensallon in lieu
thereof) In writing given to you in person or by mailing such notice to
your last address as shown on the records of Metropolitan. Your
appoinlment wih Metropolilan may be terminated by you at any time
on not more than two weeks' nollce In wrillng to Metropolitan. Fol.
lowing termination of your appointment. if you have completed 12
Fiscal Periods your commission account will be adjusted and where
applicable the excess. II any. of credils over the debits, including any
oulstandlng interim payments among other things, will be payable
as outlrned in the applicable commission and compensation sched.
ules as such schedules may be issued. substiluted or changed by
Metropolitan Irom time to time.
5. The lerms 01 this appointment may be changed only by an author.
ized ollicer of Metropolitan In writing end not by any representallve of
Metropolitan in any of its branch, district or regional offices.
6. The commission and compensation schedules and the rules and
regulations 01 Metropolitan or any of its subsidiaries or designates
may be issued, substituted or changed only by an authorized ollicer
01 Melropolitan or any 01 its subsidiaries or designates in wrillng end
not by any representative 01 Metropolitan or any of its subsidiaries or
designates in any 01 Its branch. district or regional offices.
7. This appointment supercedes any prior appOintment between
you and Metropolitan.
MetropOlitan Life Insurance Company
By
Agency VtCe.Pre~1d
fL~~-7..I._
R~l()nal Sales Manage'
1BOOOO578~8 (1189)
.
EXHIBIT "B"
ZX-l-{I B('f
1'1' !II; t.l
GEREIlAL RDIJlS
.
CLAUSE I
APPOINTHEIlT AIm DUTIES OF A SALES PERSON
Each individual appointed as a sales person of the Metropolitan Life
Insurance Company, herein after called "Metropolitan" is authorized to
represent Metropolitan and any subsidiary, agency or company designated in
writing by Metropolitan or where applicable by such subsidiary, agency or
company (herein after, "designates") subject to the fOllowing conditional
1. Each sales person is required to:
(a) procure promptly whatever licenses are required to perform the duties
of a sales person and act at all times within the scope of such
licenses; trsnssct all business with Metropolitan or any of ita
subsidiaries or designates through and subject to the general
supervision and direction of the Management of the Sales Office to
which he/she is assigned;
(b) refrain from soliciting, writing or receiving applicatione for
insurance, equity products or annuity contracts for Metropolitan or any
of its subsidiaries or designates until duly appointed and licensed to
sell such insurance, equity products or annuity contracts;
(c) commencing as soon as. duly licensed to do so, canvass for and procure
acceptable applications for contracts of inaurance and annuities of all
kinds and classes of risks and upon the plans issued by Metropolitan or
any of its subsidiaries or deSignates, and deliver all contracts iasued
by Metropolitan or any of its subsidiaries or designates on such
applications;
(d) canvass for and procure applications for equity products issued by
Metropolitan or any of its subsidiaries or designates subject to the
applicable State, Federal and National Association of Securities
Dealers, Inc. rules and regulations with respect to the licensing of
Registered Representatives and the applicable State lawa with respect
to the licensing of insurance agents to sell equity products;
(e) procure such applications in sufficient volume as to meet production
objectives established by Metropolitan and the net production credit
requirement under the Financing Plan, if he/she is operating under a
Financing Plan;
(f) co~plete in a manner satisfactory to Metropolitan, training programs
as may be made available from time to time;
(g) give prompt and courteous service to policyholders and annuitants
whose contracts are for the time being allotted to his/her account, and
assist them in realizing the benefits provided by their policies and
contracts, and make ~very_effort to keep in force--and in event of
lapse, to secure the reinstatement of --all such policiea and contracts;
1 - 1
1 (5-88)
,
(h) as may be authorized by Metropolitan, its subsidiaries or designates
to receive the premiums, considerations and such other moneys on
contracts for the time being allotted to his/her account; account for
and pay over to Metropolitan, in accordance with the applicable rules
and regulations, all moneys received as a sales person.
(i) perform all the services enumerated above and such other services as
Metropolitan may require in accordance with the rules and regulations
and through the use of the appropriate forms of Metropolitan or any of
its subsidiaries or designates;
(j) observe and be bound by the rules of Metropolitan as they may be
changed by Metropolitan from time to time; including but not limited to
those embodied in the Manual of Instructions for Account
Representatives and in any supplemental rules and regulations
applicable to business of Metropolitan or any of its subsidiaries or
deaignates.
2. A representative is not authorized to make, alter or discharge the
contracts of Metropolitan or any of its subsidiaries or designates; to waive
forfeitures; or to bind Metropolitan or any of ita subsidiaries or designates
in any way not specifically authorized in writing by an authorized Officer of
Metropolitan or any of its subsidiaries or designates.
3. For each week a salea person actively performs the duties of
his/her agency, he/she will receive an amount determined in accordance with
provisions of this manual which include the applicable commission and
compensation schedules as they may be issued, substituted or changed by (.
Metropolitan or any of its subsidiaries or designates from time to time. A ~
sales ~erson is to bear all expenses, except those expressly assumed by
Metropolitan or any of its subsidiaries or designates in writing, incurred by
him/her in his/her capacity as a sales person.
4. In the case of equity products, and P&L contracts, until the sales
person is properly licensed for those products and contracts, he/she will
neither receive commission prior to the date he/she is properly licensed nor
may he/she accompany a duly licensed representative or be involved in any way
in the issue or servicing of equity products or P&L contracts.
BOTE: In Kanses, an unlicensed individual may not accompany a
licensed representative for the purpose of observing the
solicitation or writing of insurance.
s. An agency with Metropolitan requires the sales person's full time
for the proper performance of agency duties, and the sales person shall not
engage at any time between Monday and Friday, inclusive, in any other work,
activity or occupation for financial remuneration.
6. A sales person shall not engage the services of another canvasser,
nor pay any person for canvassing or other services, nor solicit or render
service on any terms other than those contained herein, nor accept fees or
gratuities of any kind for rendering service to policyholders.
1(5-88)
1 - 2
~
r
7. A sales person, regardless of his/her date of appointment to the
Company, will not be permitted to broker business, except through MetLife
General Insurance Agency, Inc. (MLGIA). Anyone who solicits business for any
other company, except through the MLGIA. will be subject to termination.
8. Any sales person who is licensed with another company, except
through MLGIA, will be subject to termination.
9. Metropolitan Property and Liability Insurance Company and MetLife
General Insurance Agency retain exclusive proprietary interest in their
clients and in all business produced by or assigned for service to their
agents and employees.
A sales person shall not directly or indirectly write or service any
insurance for any company, other than the MetLife General Insurance Agency,
Metropolitan Property and Liability Insurance Company, or any other
Metropolitan subsidiary or designate, or an automobile insurance-aasigned
risk plan, automobile reinsurance facility, available FAIR plan or federally
sponsored flood program.
A sales person's authority to solicit, submit and/or service any applications
and/or a sales person's license may be suspended or withdrawn by the
Metropolitan Property and Liability Insurance Company for a definite or
indefinite period of time upon disclosure of underwriting irregularities or
other practices. This may include actions which have caused a claim to be
paid under the errors and omissions protection program for P & L insurance.
10. A sales person will maintain all books, records, and accounts
required by Metropolitan or any of its subsidiaries or designates in the
manner and form prescribed by Metropolitan or any of its subsidiaries or
designates and Metropolitan will have the right at any time to take up,
audit, and examine all of said books, records and accounts.
11. Appointment of an individual to a sales person's position is not
a guarantee of permanent employment and may be terminated by Metropolitan
without advance notice for breach of any of the conditions of his/her
appointment and also at any time by two weeks' notice (or two weeks'
compensation in lieu thereof) in writing given to him/her in person or by
mailing such notice to his/her last address as shown on the records of
Metropolitan. Following termination of the sales person's appointment, if
he/she has completed 12 Fiscal Periods his/her commission account will be
adjusted and where applicable the excess, if any, of credits over the debits,
including any outstanding interim payments among other things, will be
payable as outlined in the applicable commission and compensation schedules
as such schedules may be issued, substituted or changed by Metropolitan from
time to time.
1 - 3
1(5-88)
..
j
r .
EXHIBIT "e"
.fy, \ \
1,"'tI8ft Q'
O~hF~P~
Metropolitan ut.'nlurance Company
Q10 M.odo,,,,, _. "- _. NY 1OOJO-36!1O
~ Agreement:
In consideration of this appointment by Metropolitan Life Insurance Company or any 01 its subsidiary or affiliated companies
("Metropolitan"). I agree to the following:
1. All equipment, material, records, supplies, manuals. rate books. forms, files and any other such documentallon and/or
Information ("property") provid9d to me by Metropolitan or obtained by me from Metropolitan or dewloped by me In the
course of performing my dulles as an employee of Metropolitan. pertaining 10 the business of Metropolitan or pertaining 10
any of its customers or prospecliw customers. shall be and remain the property of Metropolitan. Upon the voluntary or
Involuntary terminallon of my employment with Metropolitan, I agree to Immediately deliwr 10 Metropolitan or its designee
the original and any copies. notes. recordings, transcriptions or any other reproducllons of the property, resident In whatewr
media and regardless of whether or not I haw retained it In my personal possession. I also agree not 10 divulge 10, share
with or permit access by any Individual or organization not currently employed by Metropolitan 10 the property both during
and after my tenure as an employee of Metropolitan.
~.
:,."
2. Within the state(s) In which I am, haw been or become licensed to sell insurance for Metropolitan. and during and for
18 months following my voluntary or involuntary termination of employment with Metropolitan:
a. I will not directly or Indirectly perform any act or make any statement which would tend 10 diwrt from Metropolitan any
trade or business with any customer. be it a person, a company or an organization, to whom I previously sold insurance
offered by or through Metropolitan; nor Will' advise or induce any customer of Metropolitan, be It a person. a company
or an organizallon, to reduce. replace. lapse. surrender or cancel any Insurance obtained from or through Metropolitan.
b. I will not induce or a"empt to induce any employee of Metropolitan to breach his or her agreement with Metropolitan;
nor will I Induce or a"emptto Induce any employee of Metropolitan to leave Metropolitan's employ for the purpose of
replacing Metropolitan business with the product(sl of any other insurance company; nor willi make use of any
Information or records which are the property of Metropolitan in order to enable a third party not associated with
Metropolitan, to advise or induce any customer or Metropolitan. be it a person, a company or an organization, 10 reduce.
replace. lapse. surrender or cancel any insurance obtained from or through Metropolitan.
c. I will Inform Metropolitan promptly of the identity or any of my subsequent employers which are engaged in the business
of Insurance, along with my tille and description; and I hereby authorize Metropolitan to present a copy of this
Agreement to such employers.
3. Without prejudice to whatewr other recourse which Metropolitan may haw in the ewntthatl violate any of the provisions
of this Agreement. including without limitation. an action In damages, Metropolitan shall have the right to obtain an injunction
enjoining any such violation. I hereby acknowledge that. in the event of any such violation. Metropolitan will suffer Irreparable
ha'rm and that an injunction Is therefore a necessary remedy in the circumstances.
4. If Metropolitan Is successful in any suit or proceeding against me brought to enforce any provision of this Agreement, or
brought to establish damages sustained by Metropolitan as a result of my violation of any provision of this Agreement. I
agree to reimburse Metropolitan's a"orney's fees and costs as may be fixed by the court In which such suit or proceeding
Is brought. If any provision of this Agreement is held to be invalid In any jurisdicllon. either by statute or by judicial decision.
I agree that said provision shall be deemed modified to comply with the law, or stricken from this Agreement if necessalY to
comply with the law. If any provision Is so stricken. howewr. the remainder of the Agreement shall remain In effect.
I acknowledge that I have received a copy of this Agreement.
-
Dated at:
/~/I'//I.
19 7/
(!fr L~./9~ 9Z.
IS'll Iur.) ,
H,.dM.e/ .:r: ..;r:,..,.,,v, ..:Tiz.
(Fub Namo-P"" or Typo)
/,l-/7
Witness: ~1ff ~
IS'llrlllur.
P'J./
(/6 r /,",Jtt~ p,,,,r'';?/j-
(Oft_..... Namo)
Discussed with Candidate
/,?~// 19 p/,_
(Tillo)
,
a..,Ull0'llOfo.IIIlIU"'J Ill" ".C."ID @
exhibit C
-..--
PYS510
1~4-02877
KMAN
Cumberland County prothonotary's Office page
Civil Case Inquiry
MICHAEL J JR (VS) STRINKOSKI DANIEL J ET AL
1
~9ference No..: Filed........:
Case Type.....: COMPLAINT Time.........:
Judgment......: .00 Execution Date
Judge Assigned: Sat/Dis/Gntd..
Jury Trial. . . .
Hi~her Court 1
Hi her Court 2
**********************************..****************.** .***********************
General Index Attorney Info
KMAN MICHAEL J JR PLAINTIFF PURCELL JOHN W JR
109 MEALS DRIVE
MECHANICSBURG PA 17055
STRINKOSKI DANIEL J
4718 OLD GETTYSBURG ROAD
SUITE 411
MECHANICSBURG PA 17055
METROPOLITAN LIFE INSURANCE
COMPANY
ONE MADISON AVENUE
NEW YORK NY 10010
5/27/1994
16:20
0/00/0000
0/00/0000
DEFENDANT
HARRINGTON TIM J JR
SALTZ VERONICA W
DEFENDANT
HARRINGTON TIM J JR
SALTZ VERONICA W
.***********************...*****************************************************
* Date Entries *
...*********..**********.**************************.*.*********...***..********.
05/27/94 COMPLAINT - CIVIL ACTION
06/14/94 SHERIFF'S RETURN FILED (SHFF SERVED DEFT 0 STRINKOSKI 6/1/94)
SHERIFF'S COSTS $23.28 PO ATTY
06/24/94 IMPORTANT NOTICE FILED AND CERTIFICATE OF SERVICE
06/29/94 NOTICE OF REMOVAL, FILED (US DIST COURT FOR MIDDLE DIST OF PAl
09/07/94 ORDER OF COURT BY MIDDLE OISTRICT COURT OF PA
09/09/94 AMENDED COMPLAINT
10/19/94 CERTIFICATE OF SERVICE
10/25/94 ANSWER
11/14/94 PLAINTIFF'S REPLY TO DEFENDANT'S DEFENSES AND COUNTERCLAIM WITH NEW
MATTER
12/05/94 REPLY OF METROPOLITAN LIFE INSURANCE COMPANY AND DANIEL J
STRINKOSKI TO PLAINTIFF'S NEW MATTER
01/29/96 WITHDRAWAL OF APPEARANCE AND ENTRY OF APPEARANCE FOR DEFENDANTS BY
VERONICA W SALTZ ESQ (CHANGED FIRMS)
12/02/97 PRAECIPE FOR LISTING CASE FOR TRIAL BY JOHN W PURCELL JR ESO
**********.*.**********************************************.******************..
* Escrow Information *
* Fees & Debits Bea Bal Pvmts/Ad1 End Bal *
************************************************'*******************************
COMPLAINT
TAX ON CMPLT
SETTLEMENT
JCP FEE
35.00
.50
5.00
5.00
35.00
.50
5.00
5.00
.00
.00
.00
.00
------------------------ ------------
45.50 45.50 .00
********************************************************************************
* End of Case Information *
********************************************************************************
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said CoLIiSIe Pa
~;::r.tdal1. ~ . '.)~ .
ProthonOtary .;
,
."....1',"... ",
...., (1'1
,
'j
Exhibit D
-.-
,
.
.
5. Virgil and Pauline Turrin moved to Florida several years ago.
Although it is believed that the Turrins still reside in Florida, their exact
whereabouts are unknown.
6. Mr. Turrin's company, Au, Inc., ceased doing business several
years ago.
7. The manager who took over my position at MetLife was Skip
Klinger. As such, Mr. Klinger has knowledge that may be helpful to the defense
of this lawsuit. Mr. Klinger is no longer employed by MetLife, and his current
whereabouts are unknown.
8. The Penn-Harris branch of MetLife, the MetLife location at which
Plaintiff was employed, is no longer in existence. All of the documents that
were stored at the Penn-Harris branch, including those relative to Plaintiff, the
Turrin's and Ava, Inc., assuming such documents still exist, have been moved
from the Penn-Harris location, and the current location of such documents is
unknown.
~~
Da'n' . Strin . i
Before me, the undersigned authority personally appeared, Daniel J.
Strinkoski, who, being duly sworn according to law, deposes and says that the
averments of fact contained herein are true and correct to the best of his
knowledge, information and belief.
Sworn to and subscribed before
me t~ :/ I day of
/1Jr , 1998.
mtLtd.. ;(. ~)
NOTARY PUBL C
NOTARIAL SEAL
DONNA L. RODGERS, NOTARY PUBLIC
llbanon. llbanon Counly, I'A
My Commission Expires Dec. 31. 2001
f'
,.
..
-\
CERTIFICATE OF SERVICE
I, Amy G. McAndrew, Esquire, hereby certify that a true and
correct copy of the Motion for Non Pros of Defendants Metropolitan Life
Insurance Company and Daniel J. Strinkoski was served via Airborne Express,
postage prepaid on this 25u1 day of August, 1998 upon:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102-2392
<<?lU/ f-417lk/ed.-
Amy G. McAndrew
,~ 'J!t~'.t,:~: :"':~ .
.~~ ~,::,';1~~ilf';'.;",.~. i'",~,
.".' _u-~A;'JL~' -, v y~..,,!.W.;~:m~~,w'WfF:. - ';L iJ
. '-. -, .
.~~~~, :,::'.::;-~.~.~.,'~' :.-<,t ':.{~""'': '
/::."J\_,"";~~i\~,,;.~,.~~..,;;-'t-..,
'. ;;;. ;l: t:~"
l=1LE()-{)lllCE.
O. F 1,'.;~'\~nilJf"I'!''Ir''''y
'. r ",,- " ow' ..llf'lf\
"
'\:'
98 MlG 26 PH 2: 03
cu"~:;..:.,,, c"". 'I IN
l"ilCh..l "-.J ... '(LJ ........J~.. i I
PENNS'tlVANiA
1
,
~.
t"
.,1
.t' *'
,..
I ....
f
.
"
,
j
..'
,.
.,
..
-.
""
:
~ "-:":~,.-~"~'
.-..--~;t.4'\"~~t:o-
~,"~
.,"
....
h':
,~
UJ( .;~
(.)
fF1.
(:)r
.,.
C,
I.:..'
...
u: l~
i
1.1,
el
....
C':.
(~~
r=
.::
:-').,.,.
~ ~~ :
u..
~ ~:"'j
"-I
I
1--
C.
c.;c
t'.':'"
(.J"'
.. d
,1.
..;
G
~
.
.
::: ~
~ - 5
ht~
j 5
~
<
.
u
.
~
;<
.
<
,
. .
,
....'Ilil..' .~,'''',... '''H."... .U",,'t
(....nlK.'. O)~l.Id'~ '.'1)1 1..."'/iII'
MICHAEL J. KHAN, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
v.
NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE INSURANCE
COMPANY ,
.
.
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S RESPONSE TO MOTION FOR NON PROS OF DEFENDANTS
METROPOLITAN LIFE INSURANCE AND DANIEL J. STRINKOSKI
AND NOW, Comes Plaintiff, Michael J. Kman, Jr., by and
through his attorneys, Purcell, Krug and Haller, and files the
following Response to Motion for Non Pros of Defendants
Metropolitan Life Insurance and Daniel J. Strinkoski:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted. By way of further explanation, dismissal was
granted upon stipulation of the parties dated August 18, 1994,
providing for remand of remaining counts to the Court of Common
Pleas of Cumberland County.
S. Admitted. By way of further explanatio~, the dismissal
and remand was entered upon stipulation of the parties to such
terms.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted. By way of further response, Plaintiff
permitted Defendant a forty-five (45) day extension to respond to
such discovery, extending the due date until November 1, 1995.
Despite this, Defendants' responses were not received until
December 7, 1995.
11. Admitted. By way of further response, Plaintiff has
undertaken other investigation relative to proof of his claims
and has actively negotiated settlement with Defendants since the
last discovery was served on Defendants.
12. Admitted that there was no further docket activity. It
is denied that there was no further activity in this case.
Plaintiff has undertaken investigation necessary for proof of his
claims, including, but not limited to defense of a suit filed in
Lebanon County by Virgil Turrin, which matter is directly related
to the subject of this suit. Additionally, Mr. Kman has actively
negotiated settlement with Defendants in that time period.
13. Plaintiff's response to Paragraph 12 is hereby
incorporated by reference.
14. Denied. Cumberland County Local Rule of Civil
Procedure 22B speaks for itself.
2
15. Denied. Plaintiff is without knowledge or information
sufficient to form a belief as to what would have happened if
defense counsel had not entered her appearance on January 29,
1996, and strict proof thereof is demanded.
16. Denied as a conclusion of law to which no response is
required. By way of further response, Plaintiff's response to
Paragraph 12 is incorporated by reference as if more fully set
forth herein.
17. Denied as a conclusion of law to which no response is
required.
18. Denied as a conclusion of law to which no response is
required.
WHEREFORE, Plaintiff, Michael J. Kman, Jr., respectfully
requests this Honorable Court to deny Defendant's Motion for Non
Pros.
Respectfully submitted,
Dated:
By
;/JO W. Purcell, Jr., Esquire
C #29955
Nichole M. Staley, Esquire
ID #79866
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
717 234-4178
Attorneys for Plaintiff
3
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
please list the within matter for the next ArgIment Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in fulll
MICHAEL J. KMAN,
(Plaintiff)
vs.
DANIEL J. STRINKOSKI and METROPOLITAN LIFE INSURANCE ca.lPANY
( Defendant I
No. 94-2877
Civil Tenn
19 94
1. State matter to be argued (Le.. plaintiff's llDtion for new trial, defendant's
denurrer to canplaint, etc. I:
Defendants I Motion for Non Pros
2. Identify counsel who will argue case:
(a) for plaintiff: John W. Purcell,Jr., Esquire
Address: 1719 North Front Street
Harrisburg, PA 17102-2392
(bl for defendant: Veronica W. Saltz, Esquire
Address: 1601 Market Street, 6th Floor
Philadelphia, PA 19103
3. I will notify all parties in writing within two days that this case has
been listed for argurent.
4. ArgI.ment Court Date:
Dated: 8/28/98
(b,u?{.u~ ,(( )~ t"r~
Attorney for I fen ants
_c...L",illiA"'.lcl;.-.
,,,:,~"'_." .,n.-. i.';i~~'':'':'';;9::';;'iN. '.~' ;1l...1i;;~;.;~.. w~it:J:~;
.-,:..
'., .'
-'-~":0'_"'I~~'i;":'
I.','
AUG 3\
II 24~" '98
"
. ,. f.0.0FfIC~
(1~' -. i: 'tl::'-!~q~, ":A.h'
CUt.,. ~....~,~.j ~!.j..I,':'Y
il::ht.::: l' i..1.J~ li\!.
~
-,
'j ~~-:-.,
-,
l '. ;
r:'v\' .~
. -'
1'"1
.
;,,'f.
,
,'~' .
,
.
;.
, 'Ii
....
#.
-
,
,
.
-.
-,
.:--'
.
MICHAEL J. KMAN, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: NO. 94-2877 CIVIL
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
Defendants
IN RE: DEFENDANT'S MOTION FOR NON PROS
Before HOFFER. P.J.. OLER. J. and GUIDO. J.
ORDER OF COURT
AND NOW, October 7, 1998, It is hereby ordered that Defendants shall
notice and conduct depositions within 60 days of the date of this order. The
subject matter of the depositions will be limited to issues relevant to Defendants'
Motion for Non Pros. It is further ordered that Plaintiff shall notice and conduct
depositions within 60 days of the date of completion of Defendants' depositions.
Plaintiff's depositions shall be limited to issues relevant to defense of Defendants'
Motion for Non Pros.
At the completion and filing of all depositions with this Court, either party
may re-Iist this matter for Argument for the next Argument Court session.
By the CDurt,
. '
".. ,...--....----
OF T,f!L~Ql-!r,FiCE
. ,"\,.,,-
-.' ',"IA,qy
98 OCT - [] Nt 2: I 8
CW,H-e.-
ji5~:\~'~\LL~9U,l,'lY
'/\IVt/\
~ '''', ',J' c""",,
.
,..,'""'".;.."..,"";:..<'....,....;.~.;,'...:."...>-,. "
T
"~-,o#!''''..~~,.'''...._~'_"......,
-',
/'
\.
.
1/1 ,
,#
4 ,
"
,
..
.-
---
j
i
.
.
~
.
Nicole M. Staley, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
For the Plaintiff
. ~tl. 1013/'18.
_ ~...dl ,l..'P.
Veronica W. Saltz, Esquire
Frey, Petrakis, Deeb & Blum, P.C.
1601 Market Street, Sixth Floor
Philadelphia, PA 19103
For the Defendants
. .;.",- .,~ ......~
,...-,: "'j
FILED-OffiCE
OF H41: F!~iHONOT~IW
00 .JAM' 3 PH 'I 51t
CUMBERL#lD COUNlY
PENNSYLV/lNIA
, ,
, ~,. .
.
,"
"
.
. ,
,
;-
..
fl'
.
:-::-.-.
Plaintiff.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
MICHAEL J. KMAN, JR.,
v.
NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Dcfcndants.
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a Subpoena for documents and things
pursuant to Rule 4009.22, Defendants certify that:
1. A Notice of Intent to Serve the Subpoena with a copy
of the Subpoena attached thereto was mailed or delivered to
each party at least twenty (201 days prior to the date on
which the Subpoena is sought to be served;
2. A copy of the Notice of Intent, including the
proposed Subpoena, is attached to this certificate;
3. No objection to the Subpoena has been received, and
4 . The Subpoena
the Subpoena which is
Serve Subpoena.
which will be served is identical to
attached to the Notice of Intent to
Date: S" /- 00
Respectively submitted,
By:
J
S preme Ct. I.D. 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Defendant
MICHAEL J. KMAN, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYL VANIA
Plaintiff,
v.
NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants.
NOTICE OF INTENT TO SERVE SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendants intend to serve a Subpoena identical to the one that is
attached to this Notice. You have twenty (20) days from the date listed
below in which to file of record and serve upon the undersigned an
objection to the Subpoena. If no objection is made, the Subpoena may be
served.
Date: /.. .7- 00
Respectively submitted,
SAlOIS, SHUFF & MASLAND
..
,)7.
By:
J seph L. Hitchings, E
upreme Ct. I.D. 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Defendant
ire
If you fail to produce the documents or things required by this
Subpoena within twenty (20) days after its service, the party serving
this Subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Joseoh L. Hitchinos. Esquire
Address: 26 West Hioh Street
Carlisle. PA 17103
Telephone: (717) 243-6222
Supreme Court ID n 65551
Date:
BY THE COURT:
Seal of the Court
Prothonotary
Deputy
.
l
,_\<:,__',~~..1~~Wi~'-i'"J :
. ,'0<' ~S'~~.."f.Jt~-_
~ i~
._J.Iit
FlLED-CfF:CE
OF 1\\~ W.oTI \l)lfillJ'W
00 tlTt'{ -2 Pli 3: 5 \
CUMBERV'I'lD COUNTY
PEJ>lNSYLVf'N!A
.
~
.
--1
I
I
.
--.....-...
.
t
--~.'''':''''~
,
..
. ,
" .
\,
~
..
"
,1.
, ,
.,
,
..
II'
,
.::- _0
C,,."
, -'1"'
~..'.'
~,;__i:.y-
'""\
'""-~
,,~
-
RI.EO-()-"F\CE
OF THr. ffiOTHONOTAFlY
00 HAR -I PH~: 10
CUMBERIJIND COUNTY
PENNSYLVANIA
I
I
I
!
.d';'-i'~;'~:~J0fI,::m~1)~~\~r'i!irt;[~'wr~)J:-~"f"~'?~~~'~id.~~~---""-'---":"
t'
"-,,~. .~ L ."",~.,,_-,o~__,....:
, ..
to
I"
....
.
fI .
,I.
..
-.
'_..-
\
-',--
--..
-
. .
~
,
'.
.
LAW OFFtCES
SAlOIS, SHUFF & MASLA~D
26 W. IIIGII SlREET 2109 MARKET SlREh,.
CARLlSlr~PAI7013 CAMPlIIlL.PAI7011
PIIONE 1717) 24).6222 PIIONE 1717) 137.3405
AAuoJ
CERTIFIED COPY:
~
,
.1
....-
.
,
. .
..
"
':~.
;', .
.
..,,:
.
(""
~(
}.J . ~
,
I
:\'.;]
L(' .
i':' ,J
.,. ,
I.~'. i
, ,I
it.' ),
t'.
.-,'.
.
"
/I
.
(
~
r
"
I
I
J
.
..,
,.
" ,
,~.} ,
( ,
.... ~",."
...:u..,Jil....
3. Both Mr. Yarusinsky and Mr. O'Keefe are members
in good standing of the bar of the Supreme Court of New
Jersey. True and correct copies of Certificates of Good
Standing for Mr. Yarusinsky and Mr. O'Keefe are attached
hereto, incorporated herein by reference and marked
collectively as Exhibit "A".
4. Neither Mr. Yarusinsky nor Mr. O'Keefe are
presently admitted to practice law in the Commonwealth of
Pennsylvania.
5. Mr. Yarusinsky and Mr. O'Keefe desire that they
be admitted Pro Hac Vice to the bar of this Honorable Court
with regard to the above-captioned action.
6. As Defendants corporate counsel, both Mr.
Yarusinsky and Mr. O'Keefe are well-versed in the facts and
circumstances surrounding the above-captioned case and
desire to act as co-counsel with the Petitioner in the
defense of the Plaintiff's claims.
7. The Plaintiff will not be prejudiced in any way
SAlOIS,
SHUFF &
MAS LAND
A~A"'I.AW
26 W. "11h Sir'"
C.ull.I., PA
if Mr. Yarusinsky and Mr. O'Keefe are admitted to the bar
of this Court Pro Hac Vice.
WHEREFORE, Joseph L. Hitchings, Esquire, as local
counsel for Defendants, respectfully requests that this
Honorable Court enter an Order granting Steven Yarusinsky,
Esquire and Joseph O'Keefe, Esquire Pro Hac Vice admission
as co-counsel in the above case.
SAIDIS, SHUFF & MASLAND
Date: 4-/1-04
By:
J seph L. Hitchings,
Supreme Court I.D. #
26 West High Street
Carlisle, PA 17013
(7171 243-6222
Attorney for Defendants
SAlOIS.
SHUFF &
MASLAND
ATmRHEYS.ATOW
26 W. lII&h SI,..t
c.,II,I., PA
00 ^PR I 8 MIlO: I 7
CU\l;";~'I~' '\' "~,,., I\nv
, '....'" ."''- .1; (....'Jvli' I
PENNSl1.VA, \)J\
.,'-'
,;/;',',c.. :'."~',;~'f',/> .,.,;~.", ~',"";"" .~:,:,,:;'.:,~.;;':"
~:~., U&'j~.u."",?..;9l\..~"...vi"~.Y:-f;:';:N,,~"?>'tff"~E</'i': """
..1
;r..'_'
......:,..,-
.
I
.~
F:u::r)'OH:~
Cr: TOC' .. .
,... ,... ,.,.,'; l.<"~"""" ")""~'(
.. _ ,.' - .,;,' !fJJ\
'1-'~"--
.:~~-..:.."~"...-,,:,, ""
.
I'
~
:>-r:
",'
-,;
L
"
.
"
-'
.
.'
l
.--
"
..
,
;nwrrtmt ~JiIllllrl Jllf~dlft ltBt~
~trtifiottt anf ~gan~ 'tul~iB1!l
TI,ls Is to certify tllat Steven Yarusinsky
was constltllted alld appolllted all AttoTlley at Law of tills State on
December 19, 1994 alld, as sllcll, lias beell admitted to practice
before tile SlIpreme COllrt alld all otller cOllrts of tills State as all Attorney at Law,
accordlllg to tile laws, rilles, alld cllstoms of tills State.
[ do fllrtller certify tllat as of tills date, tile above-IIamed is all Attorney at Law
In Good Stall ding. For tile pllrpose of tills Certijicate, all attorney Is In "Good
Stalldlllg" if tile COllrt's records reflect tllefollowlllg: tile atton,ey Is Cllrrellt wltll
all obligations to tile Lawyers' Flllld for Cliellt Protectloll, Is II0t sllspellded or
dlsbarredfrom tile practice of law, lias not reslglledfrom tile Bar of tills State, alld
lias II0t beell trallsferred to Disability [IIactlve statlls pllrsllallt to Rille 1:20-12.
[II testlmollY wllereof, [I,ave
lIerellllto set m)' I,and and
affIXed tl,e Seal of tile
SlIpreme COllrt at Trellton,
this 5th day of April. 2000
I
I'"
~;:H,'
"
.-,'
-, ~ ' "J' "~' ~
., / ,,'.'" '~ '.i''',',
'}"~:.~::~..;" l _.~ r" :"'~)c .
. ,:~it:i;~~>:i,:' '~~ ': ,
':':'- '\,^~r:' ': ?~!t~:.. _ ~_ :--'~
:,.>-- M-"U,.J~' "".~,~ . '"'~.""
<<,1' T'\.>_~~:" "~! ~".'(~~ ,"- "";,, ,,"-'I-',h-".
.';':~~fll~i~f~~ .
:){~~if "~ "''\t.'~ ,.,...
.~~l,::~~
~~;:~~~Ii~,
,.,,';"P\ 'u.~t:.".,..~J
.~~~_J: ~ :c.fr;.J.,':~
-<" '. ....,..,';j:.., ";:~ '-'
"
~'. .
, '~:.'
."4.~
. ::.:(.
"
~- ~
;\:::~J':';
/~- ~.
c."
, ,,~.
~ . '",
>'"
,; ~
',;.'.
,
".j.-.
.
'::..o<.~:>;
-;.'
i
I,
I"t;:.....#"', ';:ICE
'"\... . v._ \0..>..,
(r,' ,I". "F""";'T~ny
-', ,-. '" " :,J:/-'f1
'.~! '
OOAPR /8 l.ti 10:/6
CU'iiClt).". ~
,--. IVi...C,C;C,._; '.U_ GJ!JN1Y
.'.J'E}.JN6\'L.V/.N:~." '
"";'
';t-
\j
..1Z.r:7:,::.
-.,< . ".-'
'-. . -)~
;1' '
:r
~t" \ ,.
0,
.
..
> -t~."
"
.-;'
"
.'
"
",
"
-",1-
"
"
,
"
',-
'l':
.t""
'J' '.
l,~ "
'l;~';:,.
; }
_\':\"
,,\
"
,
'.
1<'.
,,\_,
.
. ,,,-t ,
.
I
f
,
f
!
':,'
"
",
.
,
. ,
t
.
4 ..
."
..
"
.,',
'--,-
l
,:~
.
,'~-:
.,'
r
-I.
I
i
j
>
J
t
;
I
t
f
.
i"
\.
\
\
I'
t
.
I
!
---,-
I
l
\
1
~f' ,
..\.
','
,
"
I
~.
I-
::,
"
,
tI
.I
,
..
-
MICHAEL J. KMAN, JR.,
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
v. :NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and :CIVIL ACTION - LAW
METROPOLITAN LIFE
INSURANCE COMPANY, :JURY TRIAL DEMANDED
Defendants:
RESPONSE OF DEFENDANTS TO REQUEST
FOR PRODUCTION OF DOCUMENTS
OF PLAINTIFF
TO: Plaintiff Michael J. Kman, Jr.
c/o John W. Purcell, Esquire
1719 North Front Street
Harrisburg, PA 17102
AND NOW, comes the Defendants, Daniel J. Strinkowski and
Metropolitan Life Insurance Company and objects to Plaintiff's
Request for production of Documents and avers in support thereof
as follows:
GENERAL OBJECTIONS
The following General Objections apply to the responses set
forth herein and will not be repeated in response to each
individual Request:
SAlOIS,
SHUFF &
MASLAND
ATfOINEYSeAT.UW
Z6 w. Utah 51...1
Cutlll., p^
1. Defendants object to the Requests insofar as they
attempt to impose upon them any obligations beyond those
established by the Pennsylvania Rules of Civil Procedure.
2. Defendants object to the Requests to the extent that
they call for a legal conclusion or seek documents or
information which are protected from disclosure by the
attorney/client privilege or any other privilege recognized by
statute, at common law, or by the Pennsylvania Rules of Civil
Procedure, or which constitute or reflect attorney work
product. Defendants have interpreted each Request to call for
discoverable matter only.
3. Defendants object to the Requests to the extent they
are not relevant to the subject matter of this action or are
not reasonably calculated to lead to the discovery of
admissible evidence.
4. Defendants object to the Requests to the extent that
they are overly broad, unduly burdensome or vague.
s. Defendants Responses to Plaintiff's Requests are
based on the information presently known to Defendants and are
made without prejudice to Defendants' right to use
subsequently discovered information and/or documents.
Discovery and pre-trial preparation may develop further
information affecting the Responses and Defendants reserve the
right to amend or supplement its Responses accordingly. By
SAIDIS, these Responses, Defendants do not intend to limit its use of
SHUFF &
MAS LAND any additional information or documents it may subsequently
ATmIlNEVStAT-L\W
26 W. HI&h Sir'"
C.ull,I., PA
2
obtain during the course of discovery and further
investigation.
6. No incidental or implied admissions are intended by
these Responses. The fact that Defendants respond or object
to any Request should not be taken as an admission that
Defendants accept or admit the existence of any facts assumed
by such Request or that such Response or objection
constitutes admissible evidence as to any assumed facts. The
fact that Defendants respond to part of or all of any Request
is not intended to be, and shall not be, construed as a waiver
by Defendants of any part of any objection to any Request.
7. Defendants object to Plaintiff's definitions and
instructions to the extent that they purport to impose an
obligation in excess of that imposed by the Federal Rules of
C i viI Procedure.
REOUESTS
1. Copies of all documents concerning any claims, reports
or other communications made to Vector One concerning the
Plaintiff.
SAlOIS,
SHUFF &
MASLAND
AnoaN!Y1eAT-tAW
26 W. Utah Str...
C.,lt.le. PA
RESPONSE:
In addition to the General Objections stated above,
Defendants object to this Request on the grounds that it is
vague and overly broad. Defendants also object to this request
3
as it seeks information which is not relevant to the subject
matter of this action and is not reasonably calculated to lead
to the discovery of admissible evidence. Defendants further
object to this request to the extent that it calls for
information protected from disclosure by the attorney-client
privilege and/or attorney work product doctrine. Defendants
reserve the right to supplement this response.
2. Copies of all documents, correspondence, manuals,
memorandums, concerning rules, regulations, criteria or
standards for reporting claims to Vector One in your possession.
RESPONSE:
In addition to the General Objections stated above,
Defendants object to this Request on the grounds that it is
vague and overly broad. Defendants also object to this request
as it seeks information which is not relevant to the subject
matter of this action and is not reasonably calculated to lead
to the discovery of admissible evidence. Defendants further
object to this request to the extent that it calls for
information protected from disclosure by the attorney-client
privilege and/or attorney work product doctrine. Defendants
reserve the right to supplement this response.
Respectfully submitted,
SAIDIS, SHUFF & MASLAND
/
DATE l') " . C"
I
.I 'I
BY'1--: ~v ) - VV , L
oseph L. Hitchings, Esquire
Attorney I.D. # 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Defendants
SAIDIS.
SHUFF &
MASLAND
A1TORNEYSIAT.rAW
26 w. ItIsh Stroot
enlist., P^
4
...
CERTIFICATE OF SERVICE
I certify that on
:h)~j,-
this ~"X day of
Cd laQ - '
within Response of
2000, I served a true and correct copy of the
To Request For Production of Documents upon counsel for
Plaintiff i.n this matter by depositing same in the United States
mail, first class, postage prepaid, addressed as follows:
John W. Purcell, Esquire
1719 North Front Street
Harrisburg, PA 17102
Steven Yarusinsky, Esquire
proskauer Rose, LLP
One Newark Center
Newark, NJ 07102
Date: t.(: )3I)}00
SAlOIS, SHUFF & MASLAND
"".1{~ LD n J0V0lA. )
, -
SAIDIS.
SHUFF &
MASLAND
AntJRNEYS-AT.lAW
26 W. "Ish Str...
enll.t., PA
5
-','
,~
':'.,.t.';,:k. ,.'ci'....". "" ":'. ':':"'"".!::::::-,",," ,':
:, ;'!\It~.il:-:f 'nfo"rJ: 'l1:4~~- -;" ",,","-o','''';~~''''' "
><IH~ - -_';,_,~,i~.t>-,~,:__?,~,::~'~' ">':H'" .~" ,~~1t~.f~~1:~;~i-t~?, ,."".,,-"-
ij;"-"-
. .
, 't.,. .
~ '". :,~ t:-}
"
- - ._-
.
~.t, r.
0.:: ,!!J,.,,~q:,qJ-"F:CE
- . -, "/'''''
"'" .'."""'TAR'(
DO ,llJlI!] 0 AN /~~' n I
CUMBEHU ,.,
PENNS\i~~~UN1Y
'!\",
, :~
."- ,"
,
).
,.
I ~
....
..
.
,
"
j
..
-.
,
,
.',
.........-
.'
"
>- o. f=;
Ci~ -'
" oL-.
,.- N ':-:'4'
C'" L)~-;
II'. :
C. .' ..' C':.:~
~i. , u.. (~.~
(: ,~ . . -" ~....
.'. :'( ;,,/J
L. ") , ~
-2
(..t. .. Lea
....1 :,,: ....l
'o. 0,- '0..
,.. .....
- ;'3
>I. e:;")
C 0 U
< ~
0
H '" ~
'" ~ !5
~ :> ~ Po.
...l U
,~ ;>< ~ <-
Po.'" ~ ZN
Z .- W . ~ ::
Zzr;, :.:: 0'"
o....w '" Po. 0 e ~~
~Po.H "" H Z <<10
0 <t: "" ~ H ... O<t - -
... = ~
() '" ..., .... '" '" '" o .
U ~ ...l 8 _, ... ow '" ~ . -
H ~~ o '" ~~ ~ 'tl O...l S 7
~ S ::> ~~ :O<:H '" HO 0
0 H H...l Gl <t: J 5
0 U ~~ "" '"
HU OZ Cl ZO
!'5e ,... 0 0 OH
,... ...l .. H H
8:; to <H ..., H H
N HU ..., ...l U ~
I ..:< ...l lJl ...l~~ '"
~~..,. H ~ :> ...,
:I:"'''' .... ~o <0
H<<I ;><H .. ~ ~ 0
zsci <t:::> tJ ~~O
=OH H
..
..
..
.
..
"
H"MI,., "Dt.',,,..,. u.....'~. r..,~.
OJoftttOl 01'''''',,\ ","0111..." on.
.'
.'
.
..
.
,
'"'
..
.
,
)
MICHAEL J. KMAN. JR..
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
vs.
: NO. 94-2877 CIVIL TERM
DANIEL J. STRINKOSKI AND
METROPOLITAN LIFE INSURANCE : CIVIL ACTION-LAW
COMPANY,
Defendant : JURY TRIAL DEMANDED
OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21
Plaintiff objects to the proposed Subpoenas that are attached to these
Objections for the following reasons: The information sought does not appear to be
reasonably calculated to lead to the discovery of admissible evidence. The material
sought is irrelevant to the issues in the case, and/or is material that would be solely
scandalous and impertinent material.
Respectfully submitted,
PURCELL. KRUG & HALLER
W. Purcell, Jr.
. 29955
1719 North Front Strellt
Harrisburg, PA 17102
(717) 234-4178
-
,
,
..
"
;
MICHAEL J. K~IA:-:. JR..
rN THE COURT OF CO~IMON PLEAS
CtJMBERLAl\TI COL'NTY
PE","NSYL VANIA
PlaintifC
v.
!\iO. 94-2877 - CIVIL TER;\I
DANIEL J. STRI:-:KOSKI and
METROPOLlT k\; LIFE
I:-:SURA:-:CE CO~IPA:-'T.
CIVIL ACTION - LAW
JURY TRIAL DEMA:-'TIED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: C~stodian of Records
Lac~wa~~a County
Cepart~ent of Children and Youth Services
Court Ho~se Admi~istration Building
200 Adams Avenue
Scranton, PA 18503
Wit~in twenty (20) days after service of this Subpoena, you
are c::-:::e::--ac by t::.e c~:..:.:::-~ to p::.oduce the fo::'!.owing documents or
t~~~gs: ~~y a~d all doc~~ents concer~i~g 0:- re:ati~g to Michael J.
Xma:l, =r. (S:;cial Secu:-:ity numbe:.- 170-60-9278 a:1d date 0: bir:r:
8/1/6';') :.::c:':.:.ding bu: r..ot limited to any and all files,
correspondence or repcr:s relating to Report #35-0416 (see copy of
report anne:<ed as Exhibi: "A") at Saidis, shuff & Masland, 26 ~lest
High Street, Carlisle, Pennsylvania 17013.
You may deliver ;r mail legible copies of the documents or
produce things requested by this Subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You ha,e the right to seek in advance the
reaso::able COSt of preparing the copies or producing the things
SOL:ght.
If you fail to produce the docurr:ents or things required by
this Subpoena within twenty (20) days after its service, the party
..
,
,
.
"
J
serving this Subpoena may seek a court order compelling you to
comply .....:.th it.
THIS SUB?OE~lA WAS :SS~ED AT THE REQUEST 0: THE FOLLOWING PERSON:
Name: Joseoh L. Hitchinos. ESQuire
Address: 26 West Hioh Street
Carlisle. PA 17103
Telephone: (717) 243-6222
Supreme Court ID # 65551
Date:
BY THE COURT:
Seal of the Court
Prothonotary
Deputy
.
I'"
"
,
J
MICHAEL J. K.\IA.'\;. JR,.
1:-1 THE COURT OF COMMON PLEAS
CUMBERUSD COUNTY
PE:-'';\/SYL \'A:'\IA
PlaintifC
v.
:'\0. 94-18i7 - CIVIL TE~\I
DA:'\IEL J. STRI:-''KOSKI and
METROPOLlT A..'\; LIFE
INSLltANCE COMPANY,
CIVIL ACTlO:'\ - LAW
JURY TRIAL DEMANDED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records
~endy's Restaurant
O'Neil H:.ghway
Dunmore, PA 18512
Within twenty (20) days after service of this Subpoena, you
are ordered by the court to produce the following documents or
things: Any and all documents concerning the employrr.ent of Michael
J. K"an, Jr. (Social Security number 170-60-9278 and date of birth
8/:/~~) including but not l:.mited to ~ersonnel records, wage and
pay=~ll records, W-2's, contracts, ag=ee~e~ts, For~ U-4's, Form U-
S' 5, a::.d all corres;:or..dence a~d athe::- ccr:.mu:1:.cat:..ons at Saidis,
snu:: & ~!asland, 25 Nest High S=ree:, Ca:.-lisle, Pennsylvania
170:3.
You may deliver or mail legible copies of the documents or
produce things requested by this Subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reas=r:able cost of preparing the copies or producing the things
soug::: .
-" you fail to produce the docurr.er:ts or thir:gs required by
this Subpoena within twenty (20) days a:ter its ser/ice, the party
..
,
.
,
.
~lICHAEL J. K~!A:\. JR..
eN THE COURT OF COMMON PLEAS
CUMBERLA~'D COUNTY
PEl\'XSYL VANIA
Plaintift:
v.
:-':0. 94-2Sii - CI\'IL TER.\!
DANIEL J. STRI:\KOSKI and
METROPOLlTA:\ LIFE
r.-:SUR.'-\NCE COMPANY.
CIVIL ACTION - LAW
Jl.JRY TRIAL DEMAl'o'DED
Defendanls.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodia~ of Records
Peoples Security Insurance
200 Nort~ Main Street
Bla~ely, ?A 18447
Withi~ twenty (20) days after service of this Subpoena, you
are ordered by the court to produce the following documents or
things: &~y and all documents concerning the employment of Michael
J. Kman, Jr. (Social Security number 170-60-9278 a:1d date of birth
8/:/64) including but nct li~ited to personnel records, wage and
;a'l=oll ~eco=ds, W-2's, ccntrac~s, agreements, Form U-4's, Form~-
5' s, a::c. all cQrrespo::dence and '~:::.e::- ccmmu:1ica-:ions at Said:.s,
s::o..1::f & ~!asla:-.d, 26 11est High St::::eet, Carlisle, Pennsyl",a:::.a
17013.
.
You may deliver or mail legible copies of the documents or
produce things requested by this Subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to see~ in advance the
re:lsonab:e cost of preparing the c::lpies or producing the things
s.::t:.ght.
If you fail to produce the dccurr.ents or things required by
t~is Subpoena within twenty (20) d:lYs after its se~,ice, the party
,.
(
,
,
.
serving this Subpoena may seek a court order compelling you to
comply 'o'I.:.th it.
7HIS SUS:OE~A WAS ISSUED AT THE REQu~S" OF THE FOLLOWING PERSON:
~;arr'.e: Joseoh L. Hi~chinas. Escuire
Address: 26 West Hioh Screet
Carlisle. PA 17103
Telephone: In7) 243-'5222
Supreme Court IO # 65551
Date:
BY THE COURT:
Seal of the Court
Prothonotary
Depu+.:y
,.
,
,
.
MICHAEL J. K.\IA:-;, JR..
IN THE COURT OF CO~r:vION PLEAS
CUMBERLA~1) COUNTY
PENNSYL V A}J1A
Plaintiff.
v.
NO. 94-2Sn - CIVIL TER..'vl
DA.\lIEL J. STRINKOSKI and
METROPOLlT AN LIFE
INSURA.,\;CE COMP.-\;,"'Y.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Cus~~dian of Records
Kma~ & K~an Financial Group
109 Meals Drive
Carlisle, PA 17013
Wit~in twenty (20) days after seryice of this Subpoena, you
are ordered by the court to produce the following documents or
things: .~~y and all docume~ts concerning the employment of Michael
J. Kman, :r. (Social Security nu~~er 17C-60-9278 and date of birth
8/1/64) i~cludi~g but not limited to ~ersonnel records, wage and
payroll records, W-2's, contracts, agreeffie~ts, Form U-4's, Form U-
S' s, and all correspondence and other communications at Saidis,
shuff & Masland, 26 West High Street, Carlisle, Pennsylva~ia
17013.
You may deliver or mail legible copies of the documents or
produce ~~~ngs requested by this Subpoena, together with the
cercifica:e of compliance, to the party xaki~g this request at :he
address listed above. You have the rig~t to seek in advance the
reasonable cost of preparing the copies or producing the thi~gs
sought.
! f you fail to produce the documents or things required by
this Subpoena within twenty (20) days after its service, the party
r
,
,
serv:.ng ::us Subpoena may seek a court order compelling you to
comply.,:::h i:..
THIS SU5?OENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Joseoh L. Hitchinos. ESQuire
Address: 26 West Hioh Street
Carlisle. PA 17103
Telephcr.e: (717\ 243-6222
Supreme Court ID # 65551
Date:
BY THE COURT:
Seal of :~e Court
Prothonotary
Deputy
.
r
r
.
MICHAEL J. K.\I.-\l'i, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVA~lA
Plaintiff:
\"
:--:0. 94-2877 - CIVIL TER.\I
DA.'iIEL J. STRlNKOSKI and
METROPOLITAN LIFE
INSURANCE COMPANY,
CIVIL ACTION - LA \1(
JURY TRIAL DEMA1'<'DED
Ddendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custcdian of Records
Mutt:al of Omaha
46 ~~rthhampton Avenue
Kings~on, PA 18491
Wit~i~ twen~y (20) days after service of this Subpoena, you
are ordered by the court to prod'..lce the following documents or
things: ;:.y and all doc'..lments concerning the employment of Michael
J. Kman, ~r. (Social Security number 170-60-9278 and date of birth
8/1/64) including bu~ not limited to personnel records, wage and
payroll records, ~1-2's, contracts, agreements, Form U-4's, Form U-
5' s, and all cor=espondence a~d other ccrnmu::.:..cations at Saidis,
snu:: & :.!asla::d, 26 ilest H:.gh Street, Ca:-::..sle, Pe:1ns:llvaz:ia
170:3.
You ",ay deliver or mail legible copies of the documents or
produce t~ings requested by this Subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above.' You have the right to seek in advance the
reasonab:e cost 0: preparing the copies or producing the things
sought.
h'
t..:S
If :;::u fail to croduce tne documents or things required by
Sub;::ena within twenty (20) days after its service, the party
,
serving this Subpoena may seek a court order compelling you to
comply with it.
~H!S SUE?OENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Joseoh L. Hitchinas. Esauire
Address: 25 West Hiah Street
Carlisle. PA 17103
Telephone: (717) 243-6222
Supreme Court ID # 65551
Date:
BY THE COURT:
Seal of the Court
Prothonotary
Deputy
.
(
serving chis Subpoena may seek a court order comoelling you to
comply with it.
THIS S",5::0E);';' ~l;"S ISSUED .;,;: T:iE REQL::S;: 0: THE FOLLONING PERSON:
Na~e: Josech L. H:cchinas. Esc~:r~
Address: 26 West: Eiah Screec
Carlisle. PA 17103
Telephone: (717) 243-6222
Supre~e Court IO # 65551
Date:
BY 'T':':O;;O COURT:
Seal or the Court
Prothonotary
Depucy
~ .
MICHAEL J. K.\IA~, JR..
r~ THE COURT OF COMMON PLEAS
CDIBERLA~D COm-:TY
PE:-';-:SYL \'A~IA
Plaintifl:
v.
:'\0. 9-l-2Sii - CIVIL TER.\I
DANIEL J. ST~1(OSKI and
METROPOLITAN LIFE
p,.;SURA~CE COMPA."'Y,
CIVIL ACTION - LA \1/
JURY TRIAL DEMANDED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records
?ennsylvania Human Relations Cc~~ission
:01 South Second St=eet
S'o.:ite 30e
Ha==isburg, PA 17101-31~5
Within twenty (20) days afte= se~Jice of this Subpoena, you
are o=dered by the cou=t to prcduce the following documents or
t::ings: A..'1y and all dcc'o.:r:\ents c:lnce=:1ing Michael J. Kman, Jr.
(Social Security number 170-60-927S and date of birth a/1/6~) at
Saidis, shu:: & Masland, 2~ tlest High Street, Carlisle,
?ennsy:va~ia 17013.
.
'':ou may deliver 0= mail legible copies 0: the documents or
produce things requested by this S'o.:bpoena, tc~ether with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of prepari:1g the co;:ies or producing the things
sought.
- you fal:!. to prcd'o.:ce the dcc'.:::".ents 0= things required by
this S'o.:c;:oena within twenty (20) days after its service, the party
...
MICHAEL J, K.\IA:-;, JR.,
r.--: THE COURT OF COM~IO:-; PLEAS
CUMBERLA:--''O COUNTY
PE:-."SYL VANIA
Plaintiff,
\'.
NO. 94-2877 - CIVIL TER.\I
DANIEL J. STRlNKOSKI and
METROPOLITAN LIFE
INSUR..\SCE COMPA:>.'Y,
CIVIL ACTION - LA W
JURY TRIAL DEMANDED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Cus:=dian of Records
Dun~ore Police Department
400 South Blakley Street
Dun~ore, PA 18512
~lit::i:1 twenty (20) days after service of this Subpoena, you
are ordered by the court to produce the following documents or
tnlngs: ;'_-.y a:ld all dccu~encs concerning Michael J. Kman, Jr.
(Socia::' Security number:' 70-60-9278 and date of birch 8/1/64) at
Saidis, shu!:: & ~!asla:ld, 2~ West High Screec, Carlisle,
Pen~sylva~~a 17013.
.
You :nay deliver or mail legible copies of the documents or
produce things requested by this Subpoena, together with the
certificate of compliance, to the party making this request at the
address ::'isted above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If :feu fail to produce the documents or things required by
this Subpeena within twenty (20) days after its service, the party
'.
..
serving this Subpoena may seek a court order compelling you to
comply with ie.
TH!S SUS?OE~t~ WAS ISSUED AT THE REQUEST 0: THE :OLLOWING PERSON:
Name: Joseoh ~. Hitchinos. Escr~ire
Address: 2~ West Hioh Street
Carlisle. PA 17103
Telephone: (717) 243-6222
Supreme Court ID # 65551
Date:
EY THE COURT:
Seal of the Court
Prothonotary
Deputy
.
"
'.
" .
~IICHAEL J. K.\IA:\. JR..
1:\ THE COL"RT OF COMMON PLEAS
CU~(BERLAND COUNTY
PE",'NSYL VANIA
Plaintiff,
v.
(0.;0. 9-1-2S7i - CIVIL TER.."I
DA.'\lEL J. STRINKOSKI and
~IETROPOLlT.-\''' LIFE
r.-.;SURANCE COMPA"''Y.
CIVIL ACTION - LAW
JL"RY TRIAL DEMANDED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custcdia~ of Reco~ds
Balt:~o~e L::e !~surance C=~;a~y
401 S. Louther Street
Carlisle, PA 17013-0265
.
Within twe~ty (20) days after se~;ice of this Subpoena, you
a~e ordered by the cou~t to p~::;duce tr.e following documents or
thi~gs: p~: and all docu~ents conce~ning the employment of Michael
oJ. K:nan, oJ~. (Social Secu~ity :-.u::,.be~ 170-60-9278 ar:d date of bi~th
8/:/€~) i~cl~di~g but not l~mi:ed t~ pe~so~nel records, wage and
pay=oll reco=as, W-2's, co~trac:s, agree~ents, Form U-4's, Form U-
S' s, ar:d all correspondence a~d othe~ communications at Saidis,
shuff & Masland, 26 West High St~eet, Carlisle, Pennsylvania
17013.
You may delive~ o~ mail legible copies of the documents o~
p~oduce things requested by this Subpoena, together with the
certificate of compliance, to t~e 9ar:y ~a~i~g this request at the
address listed above. You have the ~ight to seek in advance the
reasor:able cost of p~epa~ing the copies o~ producing the things
scugi'".t.
If you fail to produce t::e docu:r.er:ts or things required by
this Subpoena within twe~ty (20) days af:e~ its service, the pa~ty
"
"
.. .
serving t:his Subpoena may see:': a court: order compelling you co
comply '/lith i::.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Joseoh L. Hicchinas. Esquire
A=dress: 26 West: Hiah Street
Carlisle. PA 17103
Telephone: (717) 243-6222
Supreme Court ID # 65551
Date:
BY THE COURT:
Seal of the Court
Prothonotary
Deputy
.
"
"
. ,
MICHAEL J. K.\-I.-\S. JR..
IN THE COURT OF COMMON PLEAS
CWvIBERLAND COUNTY
PE,,"NSYL VA:-"lA
Plaintit'f,
v.
NO. 9-1-2S7i - CIVIL TER:\I
DANIEL J. STRD:KOSKl and
METROPOLlT AS LIFE
INSURANCE CO:\IPANY.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Cus~adia~ of Reco~ds
Arby's Restaura~t
Rot:~e 6
Ey~c~, ?~ 18403
Wit~i~ ~we~ty (20) days afte~ service 0: this Subpoena, you
a""" o~de~ed by t~e cou~t to p~oduce the following documents o~
things: ~:.y ar.d all documents concer~ing the employment of Michael
J. Kmar., :~. (Social Security nu~ber 170-60-9278 and date of bi~th
8/1/6~) i~cluding bu~ not limited to pe~sonnel ~eco~ds, wage and
payroll ===or=s, W-2's, contracts, agreements, :orm U-4's, Form U-
S' s, a::ci 3.1: ::or:.-espor:der:ce ar..d ache::- commu:-:.icatio:-,.s at Saidis,
Shl~:f & :'!.3.s:3.::c, 26 t'lest H:..gh S'C:.-eec, Car!.:..sle, ?e~nsyl./ania
"-70:3.
.
You may deliver or mail legible copies of the documents or
produce t~ings requested by this Subpoena, togethe~ with the
certifica~e of complian~e, to the party making this request at the
address listed above. You have the ~ight to seek in advance the
~easo:1ab::'e cost of p~epa~ing tr:e copies o~ p~oducing the things
sougr:t.
If :.:~u fail to p~oduce the documents or things ~equi~ed by
this Subpce~a withi~ twenty (20) days after its se~jice, the party
"
"
. .
serving chis Subpoena may seek a court order compelling you to
comply w:.ch it.
':'::IS SU:;:OENA ~;AS ISSUED AT THE REQUEST OF THE FOLLOI'I!NG PERSON:
Name: Jcseoh L. Hitch:nas. Esauire
Address: 26 West Hiah Street
Carlisle. PA 17103
Telephor.e: (717) 243-6222
Supreme Court ID # 65551
Date:
BY THE COURT:
Seal of t~e Court
Prothonotary
Deputy
'.
.
.
'.
.
~ ,
Plaintiff.
IN THE COURT OF CO~I~ION PLEAS
ClJ1<IBERLAl"'D COUNTY
PENNSYL VANIA
:-"IlCHAEL J. K..\IA:-':. JR..
v.
NO. 94-2877 - CIVIL TERM
D..\NIEL J. STRlNKOSKI and
METROPOLITAN LIFE
INSUR.-\NCE COMPANY.
CIVIL ACTION - LA \V
JURY TRIAL DEMANDED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: C~s:odian of Records
IolcDcr:ald' s
O'Neil Highway
Du~more, PA 18512
Wi:hin twenty (20) days after service of this Subpoena, you
are ordered by the court to produce the followir:g documents or
:h:~gs: A~y a~d al: docume~ts concerni~g the e~plo~e~: 0: Michael
..;. Kr.".a::, Jr. (Social Secu:-i::.y nu~.ber 170-60-9273 a::d da:e of bi:-th
6/1/64) ir:cluding b~: not limited to personnel records, wage and
payroll records, W-2's, contracts, agreements, Form U-4's, Form U-
S' s, a::d all correspondence and other communications at Saidis,
shuff & Masland, 26 West High Street, Carlisle, Pennsylvania
17013.
You may deliver or mail legible copies of the documents or
prod~ce :hings requested by this Subpoena, together with the
cer:ifica~e of complia~ce, co the pare! making chis req~est at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or prod'.:cing o;he thir:gs
sought.
If you fail to produce the documents or things required by
this S~bpoena within twenty (20) days after its service, the party
. ,
"
.
~ .
.
serv'i::g :his Subpoe:-.a :nay seek a court orde:- compelling you to
comply ~.:.:h i~.
THIS SU3?OENA WAS ISS~ED A~ THE REQUEST OF THE FOLLOWING PERSON:
Name: Joseoh L. Hitchinas. Esauire
Address: 26 West Hiah Street
Carlisle. PA 17103
Telephone: (717) 243-6222
Supreme Court ID # 65551
Date:
BY THE COURT:
Seal of the Court
Prothonotary
Deputy
.
.
. .
.
. .
~IICHAEL J. K.\I.-\:-:. JR,.
1:-: THE COURT OF CO~I~ION PLEAS
CUMBERLAND COIDiT'{
PE;-.~SYL VANIA
Plaint: it:
\"
NO. 94-2Sii - CIVIL TER~I
DA:-';IEL J. STRIXKOSKl and
METROPOLlTA:-': LIFE
INSURANCE CO~IPA:-;Y.
CIVIL ACTION - LA \V
JURY TRIAL DEMA:-':DED
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Cus~odia~ of Records
3a~~:rs ~ife & Cas~alty
2 ':: :~a::1",rietN
:l"~~-"Q
....# -.........-
s.... -.=, "''''.';::
....- -- -.....
Ca::-.; :l:'::. P~.
. ... -." ..
~ i ,;.;._
\'I:.::::.~ :',;em:y (20) days a:ter service of this St.:bpoena, yo\.:
a:::-e o~\::ie=-=d by the ccu:-c to produce the following documer:cs c:.-
things: ;~y a~d all dcc~~e~ts concer::~ng t~e employment or Mi=hae~
:. K~a~, :r. (Socia~ Security ~u~ber :70-60-9278 and date 0: b~rt~
=/:/6~: :~=:~d~ng C~: ::0: li~~:ed to personnel records, wage a::d
;ajro:: ~~:~ris, W-2's, =oncrac:s, agree~e~:s, Form U-4's, F=r~~-
5' s, So:"..:: 3.:':' co==e~;c:-.=.e::.ce a::d oc::er ccr:-.mt.:.:1.:.ca:ions at Sa:.dis,
snu:: & ~!as:and, 26 Wesc High Street, Carlisle, Pennsy:van~a
17013.
Yot.: ::lay deliver or mail legible copies of the documents or
produce :~l~gS reques:ed by this Subpoena, together wltn the
certif:.c;:e 0: ccmplia~ce. to the party making this request at t~e
add=ess ::scec acove. You hale the righc to seek i~ advance cte
::"e3.scna=::_-= C:::.3= 0: pr=pa~i:1g the copies c::" p::-odt.:.cing the ::1:..ngs
-...., .--...-
~""''''',=,.'''- .
-: ::":u :ail tc p=odt.:ce the doct.:.:':':ents or things reqt.:.ired by
this S~==:e~a withi~ twenty (20) days a:te= its service, the ~ar~y
t;>-
.
.
.
.
,
se::./::1g chis Subpoena ma::. seek a court
carr.ply wl:h ic.
order compelling yet.:
--
~w
7H:'; S::3::=E~;'; ~.;;...s
:5S~ED A7 7~E REQL~S~ OF
~.....
~:::.
=OI.I.O,I::~G PS?SC~;:
Na:r.e: Josech L. H: tchi~as. EsC'ui re
Address: 26 West Hioh Street
Carlisle. PA 17103
Telephone: (717) 243 -6222
Supreme Court ID # 65551
Date:
BY THE COtJRT:
Seal of the Court
Prothonotary
Cep:":'::l
... '.. ..
. . .
. . .
CERTIFICATE OF SERVICE
I, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct
copy of the foregoing was served on the Defendant by sending said copy to their attorney
of record by first class U.S. mail on May 30, 2000:
Joseph L. Hitchings, Esquire
Saidis, Shuff & Masland
26 West High Street
Carlisle, PA 17013-2956
Attorney for Defendant
Steven Yarusinsky, Esquire
Proskauer Rose LLP
One Newark Center
Newark, NJ 017102
ELL, JR.
MICHAEL J. KMAN. JR..
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
vs.
: NO. 94-2877 - CIVIL TERM
DANIEL J. STRlNKOSKI AND
METROPOLITAN LIFE INSURANCE : CIVIL ACTION-LAW
COMPANY.
Defendant
PRAECIPE
TO THE PRPOTHONOTARY:
Please withdraw my appearance on behalf of the Plaintiff Michael J. Kman, Jr.
in the above captioned matter.
PURCELL. KRUG & HALLER
BY
W. Purcell. Jr.. Esquire
. #29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Please enter my appearance on behalf of the Plaintiff Michael J. Kman. Jr. in
the above captioned matter.
~~~gh~~.t~kr
I.D. # 30~2-2-
19 Brookwood Avenue. Suite 106
Carlisle, PA 17013
(717) 249-5373
"
, ;_;.~}~~~~~;~~.--{.,.>jL",::;,
_-i-.:~ ,_f'~ -~-....
tli;~i"~l~~.. '"
~,......,.
':, .:'t:j,..".,.
':':','
....
.'-..-
. ~ .'
.
I
,j
F!LED-0rr:CE
Ot: 1\ :'. t':~~,T;.'~' '''t/'r>v
I .'. ., ',.." ...... I~} "11
01 FES -8 Pil 2: 25
CUMtii}1/.NJ COUNTY
PENNSYLVANiA
"
,'"
~--
,
" /~;.
!,
,
~
_'",:....A...~.'....~.~.~_,.......___~_..,._. <.
, .", .
.~...,--' -"--r,
~'~'-. -'-'~--;""''''-->'.,~.-~~- -.,
..
-.
.'
.-.--
t.
\. .
'-
"
. .
. .
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
26 W. HIOH S'lREET 2109 MARKET S'lREET
CARLISLE. PA 17013 CAMP111Ll.. PA 17011
PHONE (7171243-6222 PHONE (717) 737034113
~.__~ ","^"-"''''""_,~,,,,,,,,,,,,~,,,~'~'''''''':''''''''':'''''''''''-i-",,~''~'';'-
CERTIFIED COPY, .
~EB 2 S 2a~
.
,
< I
~ I
~
I
i
.
'. ~
/~
.
,
..
.
,
. '.,~
.. ,
<
I
f k
I'.
..
r " ,
I
" I
)
to
^
MICHAEL J. KMAN, JR.,
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintif f
v. :NO. 94-2877 - CIVIL TERM
DANIEL J. STRINKOSKI and :CIVIL ACTION - LAW
METROPOLITAN LIFE
INSURANCE COMPANY, :JURY TRIAL DEMANDED
Defendants:
ORDER
AND NOW, this ~ ~ day of ~ I'Ll U l
, 2001, upon
review of the attached Stipulation, the Stipulation is
approved, and the Complaint in the above matter is withdrawn
and the action shall be, and the same hereby is, dismissed
with a prejudice, and with fees or costs to any party.
BY THE COURT:
J.
f'f
~.~ 0'
l,or' 0 ~ 7-~~
SAIDlS I
S~1JNW>~ I
U~__ II
:l6W.Hl&hStncl II
Carlble, PA I
I'
II
I
I,
'1
'I
II
I,
I,
:1
!'
f'
". "'1:
l.i".:
":.,/'(
1
,
j-,,=;"'I- ~ /L'.
- ..
,.
....
EXIHlUI..ll
IN TilE COURT OF COMMON I'LEAS
CUMBERLAND COUNTY I'ENNSYLVANIA
MICHAEL J. KMAN. JR..
NO. 94-2877-CIVIL TERM
Plainlill:
CIVIL ACTION - LAW
v.
METROPOLITAN LIFE INSURANCE;
COMPANY. INC. and DANIEL.I.
STRINKOSKI.
STIPULATION OF DISMISSAL
WITH Plm.IlJDICE
DcfcndanlS.
IT IS HEREBY STIPULATED AND AGREED. by and belweenlhe
undersigned. lhallhe Complainl in lhis mallcr is wilhdrawn and lhe aclion shall be. and the
same hcreby is. dismissed Wilh prejudice. and Wilhout rees or cOSlS to any party.
I'ROSKAUER ROSE LLI'
(' . !J/
Jose I . O'Keefe, Esq.
110 neys for Dclcndants
0, I 'cwark Ccnlcr
Newark. New Jcrscy 07102
(973) 274-3200
Dalcd: February / J . :!OO I
LAW OFFICE OF MICIIAEL .1. HANFT
I-{ - ( . Lt--
By:
By:
Gregory!. Knight, Esq.
Allorncys for Plaintirf
19 I3rookwooJ A vcnuc. Suitc 106
Carlislc. I' ^ 17013
(717) 249.5373
Datcd; Fcbruary ~. 2001
SO ORDERED:
Dated:
4952/48476.164 NJLIBI/57796 v5
Page 17 or 17
..
".I
On this CJ 7flJ
CERTIFljOF SERVICE
d.yof ~
I served a true a correct
copy of the
, 2001, I,
hereby certify that
foregoing Order and Stipulation of
Dismissal with Prejudice
upon all parties of record via United States Mail, postage
prepaid, addressed as follows:
Joseph C. O'Keefe,Esquire
Proskauer Rose LLP
One Newark Center
Newark, NJ 07102
Gregory H. Knight, Esquire
19 Brookwood Ave. Suite 106
Carlisle, PA 17013
J SHUFF, FLOWER & LIN SAY
1.
eph L. Hitchings,
W. High Street
arlisle, PA 17013
717-243-6222
SAlOIS
SHUff.. flOWER
& UNUSAY
AI "_'--""'-
UW.IIlPStrod
Corllde, PA
il
Ii
Ii
II
II
I:
'"
'.,
_:+:~~i~~
no:
-'
" ,. '. "',-
-.11- ".j.,,!-..:.
'~ .,.., "-,. ~
", '".. ,,;"'1"(
I': ',I-Lit";"'
"j.. .
'_"!: _.:.":;./.,,c.:';;J;;.;;:;~t.:.---'-."''''-'~'
_-';:~-;-~::;':."_;,,,:'''.,:_.o-_._'"
..:..!
01 FEn 23 Pll 3: 53
.
CUMBERLN"O COUNlY
. PENNSYLVN'liA
,
.
,
'::s:'-
-'~.-_ '>~i'/
"
Co
- '.,
.,"',
.,~~'~~; -
'.
,f.
"<\ "
~
:_--f'~'
, .'.
I
"
,
i
.
<
!"~ "
.'
.
..
. #,'
.'
.
-.
.,
",,_,;.:'1'r
~
,,"
'.
. .'