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Home My WebLink About94-06842 . ~ . ~ ~ <1: . -7 VJ ~\ I ~ \ I J \ I (() I -:t-\ ()O\ ~ \ . -:::ri cr ' / MAYERSON, MUNSING, CORCHIN & ROSATO, P.C. James A. McClean, Jr., Esquire Attorney ID No. 51310 939 Penn Avenue Wyomissing, PA 19610 (610) 478-7878 Attorney for Plaintiff Plaintiff I I I I I I I I I IN THE COURT 01" COMMON PLEAS 01" CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEF1"REY M. KEYS, 41 David Drive Halifax, PA 17032 va. AETNA INSURANCE COMPANY, 5001 Louise Drive P.O. Box 2026 Mechanicsburg, PA 17055 Defendant NO. COMPLAINT 1. Plaintiff Jeffrey M. Keys is an adult individual who, at all times relevant hereto, resided at 41 David Drive, Halifax, Pennsylvania 17032. 2. Defendant is Aetna Insurance Company which does business in and about the Commonwealth of Pennsylvania with offices at 5001 Louise Drive, P.O. Box 2026, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3 . On or about December 15, 1990, Plaintiff was involved in a motor vehicle accident on U.S. Route 22/32,2 in Dauphin County, Pennsylvania, at which time he sustained serious personal injury ("Accident") . 4. At the time of the Accident, Plaintiff was the named insured of a motor vehicle insurance policy which was issued by Aetna Insurance Company, Policy No. 233 SY 32495749 PCA. 5. Pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, Plaintiff is entitled to first-party benefits against the policy under which he was insured. 6. Plaintiff gave timely and reasonable notice to Defendant that said Accident had occurred. 7. In January of 1991, Plaintiff was notified, phone conversation with Defendant's claim representative, Defendant was denying the claim. 8. On April 8, 1991, Plaintiff's attorney notified Defendant of his representation of Plaintiff. 9. As a result of this Accident, Plaintiff has been and will be obliged to receive medical attention and care and to expend various sums of money or to incur various expenses described as first-party benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law. 10. As a result of this Accident, Plaintiff has sustained loss of income described as first-party benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law. 11. Defendant has denied Plaintiff's claim and. has failed to pay Plaintiff's first-party benefits despite the fact Plaintiff has sustained lost income and that medical bills submitted have been accompanied by reasonable proof of loss when mailed to Defendant. A listing of Plaintiff's medical bills which have not been paid by Defendant is attached hereto, marked as Exhibit "A", and made a part hereof. 12. Plaintiff has not, to the date of the filing of this Complaint, been informed by Defendant of reasonable basis for the failure of Defendant to pay claims for first-party benefits via that although payment for the same has been demanded pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. Under the Pennsylvania Motor Vehicle Financial Responsibility Law, interest of 12 percent per annum is demanded on said unpaid bills from the date of the bills plus any additional bills as they become due. 14. A reasonable attorney's fee is due and owing for time expended in collecting Plaintiff's first-party benefits, and 2.5 hours of attorney time and 4.5 hours of paralegal time have been expended in seeking to collect first-party benefits and in drafting and filing this Complaint, and Plaintiff's attorney and paralegals expect to expend additional time up to the time of the trial and including time of trial in collecting first-party benefits, and a reasonable hourly billing rate of $150.00 per,hour for attorney time and $90.00 per hour for paralegal time. The present amount of fees due and owing is $780.00 plus fees for those hours expended after the filing of this Complaint. 15. Plaintiff is still in need of additional medical treatment and will be incurring additional medical bills causally related to this Accident. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant as follows: 1. In the amount of $5,000.00 for unpaid first party income loss benefits; 2. In the amount of $43,428.08 for unpaid first party medical benefits as of November 30, 1994; 3. In an amount equal to all future unpaid first party MAYERSON, MUNSING, CORCHIN & ROSATO, P.C. James A. McClean, Jr., Esquire Attorney 1D No. 51310 939 Penn Avenue Wyomissing, PA 19610 (610) 478-7878 Attorney for Plaintiff JEFFREY M. KEYS, 41 David Drive Halifax, PA 17032 Plaintiff I I I I I I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. AETNA INSURANCE COMPANY, 5001 Louise Drive P.O. Box 2026 Mechanicsburg, PA 17055 Defendant NO. LIST OF JEFFREY M. KEYS' MEDICAL BILLS AS OF NOVEMBER 30. 1994 Provider Servl ce Date Amount Of 8111 Interest Susquehenne Township 12/15/90 S 246.00 S 116.87 Emergency Medicine Service PolyCLinic Medlcel Cenler 12/15/90 1,239.80 588.99 TrlBte" ASIDe I Btes 12/15/90 68.00 32.30 Trtatan Assoctates 12/15/90 155.00 58.35 Hershey Unlverslly Hospllel 12/15/90 14,066.07 6,636.10 12/24/90 Hedlq Heellhcare 12/26/90 127.00 59.96 Unlversl tv Hospllel 1/2/91 109.00 51.14 University Physlclens 1/2/91 30.00 14.07 Olvlslon of Redlology Unlversltv Hospltel 1/23/91 55.00 25.42 University Physicians 1/23/91 35.00 16.18 Olvlslon of Radiology University Hoopllel 2/20/91 55.00 24.92 University Physicians 2/20/91 55.00 24.92 Division of Orthopedics University Phyatctona 2/20/91 35.00 15.86 Olvlslon of Rodlology Unl.lrllly PhYllclanl 4/17/91 45.00 19.56 OI.lllon of Drthopedlcl Unl.lratty PhYllcllnl 4/17/91 35.00 15.21 OI.lllon of Rldlology unl.arllty HOlpltal 6/19/91 109.00 45.12 Unl.lrllty HOlpltl1 6/19/91 55.00 22.77 Unl.lrllty PhYllctanl 6/19/91 30.00 12.42 OI.lllon of Radiology Unlveralty Physicians 6/19/91 35.00 14.49 DI.IIlon of Radiology Unl.arllty Ho.pltal 9/25/91 176.00 67.18 Unl.arllty PhYllclanl 9/25/91 35.00 13.36 OI.lllon of Radiology Unl.erllty PhYllclanl 9/25/91 35.00 13.36 Dlyl.lon of Radiology Unl.eralty Phyolclana 9125/91 55.00 20.99 OI.lalon of Orthopedlca Unl.ar,'ty Ho.pltal 10/7/91 605.00 228.54 Unfver.tty Phy.tctans 1017191 160.00 60.44 OI.I.lon of Radiology University Hospital 1017191 480.00 181.32 Unl.aralty Phyalclan. 1017191 475.00 179.43 DI.lalon of Radiology Unl.arally Hoapltol 1017191 38.00 14.35 Unl.aralty Hospital 10/8/91 332.00 125.30 Unl.aralty Physlctans 10/8/91 200.00 75.48 Dlylslon of Radiology Unl.erslty Hospital 10/10/91 1.00 0.38 University Physicians 10/16/91 45.00 16.87 ol.lslon of Orthopedic. Unl.ar.lty Ho.pltal 12111191 62.00 22.10 Her.hey Unl.ar.lty Ho.pltal 116/92 18,492.65 6,389.84 . Surgery 1113/92 University Physicians 1/20/92 35.00 12.01 DI.lalon of Radiology University Hospital 1120/92 59.00 20.19 Amerlcpn Medical Electronics 1/31192 4,850.00 1,647.14 University Physicians 2/1 0/92 35.00 11.77 OI.lalon of R.dlology Unlvers'ty Hospital 2110/92 117.00 39.35 University Hospital 2115/92 10.56 3.53 University Physicians 3123/92 35.00 11.30 Division of Radiology Unlvlrllly PhYllcllns 3123/92 35.00 1'.30 Dlvtllon of Rldlology Unlvlrllty Hoopltll 3123192 176.00 56.82 Unlvlrltty HOlpltl1 6124/92 102.00 29.81 Unlvlrllty Physlcllnl 6124/92 50.00 14.61 Dlvlllon of Rldlology Unlvlrllty PhYllctonl 1/6/93 35.00 1.91 DIYlllon 01 Drthopedlcl Unlvorllty Hospltll 1/6/93 128.00 29.16 Unlverllty PhYllclens 1/6/93 41.00 '0.11 Dlvtllon 01 Rsdlology Unlverllty PhYllctlns 1/6/93 41.00 10.11 Dlvllton 01 Rsdlology Unlyerslty Physlclsns 1/28/93 45.00 9.93 Dlytllon 01 Rehebllltstton Center Total 143.428,08 111.129.90