Document RJNX0YB36ZXyLRGEEVoD392Mk
RICHARD D. HEWES RICHARD N. HEWES ALAN R. NYE MARGARET C. HEWES
August 25, 1994
He w e s &l Ny e ATTORNEYS AT LAW
48 FREE STREET
PORTLAND, MAINE 04101
AREA CODE 207 TELEPHONE 773-2000
FACSIMILE 871-8830
Melanie Adams, Clerk Twelfth District Court Division of Somerset P. 0. Box 525 Skowhegan, Maine 04976
RE: sherwin Williams vs.
Dear Ms. Adams:
Enclosed please find Acknowledgment of Receipt of Summons and Complaint, along with Summons, Complaint and check in the amount of $50.00. Kindly file these documents in reference to the abovecaptioned matter. Thank you for your assistance.
Very truly yours,
Richard N. Hewes, Esquire RNH/asb
Enel
res
cc: iXnthony Colangelo RobieD. Leavitt
G007-SWP-005802989
STATE OF MAINE SKOWHEGAN, SS. SHERWIN WILLIAM COMPANY,
Plaintiff
REDACTED
Defendant
]
]
]
]
]
] ] ]
]
TWELFTH DISTRICT COURT DIVISION OF SOMERSET CIVIL ACTION DOCKET NO.
NOTICE AND ACKNOWLEDGMENT FOR SERVICE BY MAIL PURSUANT TO MAINE RULE OF CIVIL PROCEDURE 4(c)(1)
TO:
The enclosed Summons and Complaint are served pursuant to Rule 4(c)(1) of the Maine Rules of Civil Procedure. The Complaint is self explanatory. This matter is civil not criminal.
Please complete the acknowledgment at the bottom of this form and return one copy of the completed form in the enclosed postagepaid return envelope so that it will be received by the sender within 20 days of the date of mailing.
You will note that the Summons required that an Answer be filed to this Complaint within 2 0 days from the date you acknowledge receipt of this notice. Judgment by default might be entered against Mr. Leavitt if an Answer is nojt filed.
Dated: July 20,
HEWES & NYE 48 Free Street Portland, Maine (207) 773-2000
1994
Richard N. Hewes, Esquire Attorney for Plaintiff
04101
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT
I acknowledge that I received a copy of the Summons and Complaint relative to the above-captioned matter, on the date listed below. I understand that, to avoid judgment by default against me, I must file an Answer to this Complaint with Superior Court in Somerset County located in Skowhegan, Maine as requiredrbv the Summons.
Date: __
acknowlg.lvt
Signed>
1 Defendant
?'
0G07-SWP-005802990 CONFIDENTIAL
N41626.01
(Seal of the Court)
STATE OF MAINE
DISTRICT COURT Division of Somerset Location Skowhegan Docket No.____________
Sherwin Williams Company plaintiff
lb the Defendant __ Address: _
Defendant
REDACTED
SUMMONS
The Plaintiff Shprain minamc rr.mpanyhas begun a lawsuit against you in the
District Court, which holds sessions at qimHhoganin Somerset County. If you wish to oppose this lawsuit, you or your attorney must prepare and serve a written Answer to the
attached Complaint within 20 days from the day this Summons was served upon you. You or your attorney must
serve your Answer, by delivering a copy of it in person or by mail to the Plaintiffs attorney, or the Plaintiff, whose
name and address appear below. You or your attorney must also file the original of your Answer by mailing it to the
following address: Clerk of the District Court, 88 Water Street>
(Street end Number)
Skowhegan, ME 04976
(City/Town)
CUP)
before, or within a reasonable time after, it is served.
IMPORTANT WARNING IF YOU FAIL TO SERVE AN ANSWER WITHIN THE TIME STATED ABOVE, OF IF, AFTER YOU ANSWER, YOU FAIL TO APPEAR AT ANY TIME THE COURT NOTIFIES YOU TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU IN YOUR ABSENCE FOR THE MONEY DAMAGES OR OTHER RELIEF DEMANDED IN THE COMPLAINT. IF THIS OCCURS, YOUR EMPLOYER MAY BE ORDERED TO PAY PART OF YOUR WAGES TO THE PLAINTIFF OR YOUR PERSONAL PROPERTY, INCLUDING BANK ACCOUNTS, AND YOUR REAL ESTATE MAY BE TAKEN TO SATISFY THE JUDGMENT. IF YOU INTEND TO OPPOSE THIS LAWSUIT, DO NOT FAIL TO ANSWER WITHIN THE REQUIRED TIME.
If you believe the plaintiff is not entitled to all or part of the claim set forth in the Complaint or if you believe you have a claim of your own against the Plaintiff, you should talk to a lawyer. If you feel you cannot afford to pay a fee to a lawyer, you may ask a Clerk of the District Court for information as to places where you may seek legal assistance.
Dated:
July 15, 1994
This Summons is issued by:
Richard H. Hewes, Esquire (Attorney for) Plaintiff
HEWES & Nye Address: 48 Free Street
Portland. Maine 04101
Clerk of the District Court Division of_____________
Served on
(Date)
Telephone: 207-773-2000__________
____________ Deputy Sheriff
DCCV-1 (6/92)
0007-SWP-005802991 CONFIDENTIAL
N41626.02
STATE OF MAINE SKOWHEGAN, SS.
SHERWIN WILLIAMS COMPANY, Plaintiff
vs.
Defendant
TWELFTH DISTRICT COURT DIVISION OF SOMERSET DOCKET NO.
] ] ]
3 ] COMPLAINT 3 3 3
3 REDACTED
NOW COMES Sherwin Williams Company, Plaintiff, and complains
against
as follows:
1. Sherwin Williams Company is a corporation licensed to do business in the State of Maine;
2. Defendant, is a resident of Skowhegan, County of Somerset, State of Maine;
3. On or about January 29, 1990,
sustained
a work-related injury in the course of his employment at
Sherwin Williams Company;
4. benefits reflecting 70% account of the injury;
has received workers' incapacity since January
compensation 29, 1990 on
5. average weekly wage was set at $830.91 in the September 25, 1991 Decree issued by the Maine Workers' Compensation Commission;
6. has received $387.75 per week in workers' compensation benefits since August 21, 1990;
7. From August 21, 1990 through October 1, 1991, a period of
58.2857 weeks,
, received $471.87 per week in long
term disability benefits for a total of $27,503.27;
8. From October 2, 1991 through February 29, 1992, a period
of 21.428 weeks,
received $259.81 per week in long
term disability benefits for a total of $5,567.20;
9. From August 21, 1990 through February 29, 1992, received a total of $33,070.48 in long term
disability benefits from Sherwin Williams Company;
l, 107-SWP-005802992 CONFIDENTIAL
N41626.03
REDACTED
10. Sherwin Williams Company was self-insured and made these payments to
11. From August 21, 1990 through October 1, 1991, a period of
58.2857 weeks,
; received $125.27 per week for a
total of $7,301.44 in workers7 compensation benefits from
Plaintiff's workers' compensation insurance carrier on account of
the compensable January 29, 1990 injury;
12. From October 2, 1991 through February 29, 1992, a period
of 21.428 weeks,
; received $259.81 per week in
workers' compensation benefits for a total of $5,567.20 from
Plaintiff's workers' compensation insurance carrier;
13. workers' compensation February 29, 1992;
received a total of benefits from August 21,
$12,868.64 in 1990 through
14. Pursuant to Sherwin Williams Company's long term
disability contract, Sherwin Williams Company was entitled to
reduce long term disability benefit payments by the amount of
workers' compensation benefits received by
for any
period during which
received workers' compensation
benefits; (see attached Exhibit A, pages 15 and 16 of
'Benefits in Perspective Income If You Are Disabled".)
15.
was entitled to receive, and did
receive, $33,070.48 from Sherwin Williams Company for long term
disability benefits between August 21, 1990 and February 29, 1992.'
received $12,868.19 in workers' compensation
benefits during this period.
did not reimburse
Sherwin Williams Company for these workers' compensation benefits
received while he received long term disability benefits;
16. Sherwin Williams had a right to receive from
the amounts that
' received in
workers' compensation benefits;
17. Sherwin Williams Company had a riqht to possess the
workers' compensation benefits that
received while
he received long term disability benefits;
18. Sherwin Williams Company has demanded possession of the
amounts that .
received in workers' compensation
benefits from August 21, 1990 through February 29, 1992.
has refused to repay these amounts to
Sherwin Williams Company. This has resulted in an overpayment to
in the amount of $8,324.17. Sherwin Williams has
a right to recoup this overpayment.
0007-SWP-005802993 CONFIDENTIAL
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $8,324.17 plus interest and costs.
Dated at Portland, Maine this 20th day of July, 1994.
HEWES & NYE 48 Free Street
Portland, Maine (207) 773-2000
04101
Richard N. Hewes, Esquire Attorney for Plaintiff
complaint.lvt
0OO7-SWP-OO58O2994 CONFIDENTIAL
Benefits in Perspective
INCOME IF YOU ARE DISABLED
A Summary Of
The Sherwin-Williams Company Disability Plans
For Salaried Employees
(and other employees approved for coverage under these plans)
007-S WP-005802995 CONFIDENTIAL
>N
o 'c0o3 CO
<2
3
lao
X
S o
M-
2 ocCo
x4-*
Q
0
3 *o
0
os
2 o>
d> co
03 Q>
=
^
2P t3o
ioJ
ca co
ccW cOo W*:
0 CO
tO E
co - *Q (vD. 0 XT
o Q.= E^ 0 1/3
0)0
>> XI
co CL
CD
>
0
*<<<oD00
0
CO O
w c0 C
Pr CL Q3
CO. OE ` 300
C _ 03
O 15 C
5 c
oo c v as c " T
X Q. '
3O
o *>> fl) 4-- T3
O CO
-C Ek"
0
o
JO ?E
S 3 g'g.-sss
0E) ^53UJ
os E -2
E o
'0cw-
c UJ
><D
5. g
2 <P
o 0 CO
u-
t; X)
p
>
o
X)
-
V.
o
.o
W
m
"* -P
3 x hr
ca
tn
C d) c 0)
CD
O
c .2
(0 c5 ` S
o o O
JZ
>>
c -o
gc
c E
X
_
03 i_ ,,
c2o P E ^-
V? os 0 x
to w
o (5 >*
c
3
"O Q_ oas > 3 X T3 s2
.a -aOs Q-
E* CO t- X O) o
--I XX
-- to Q _ <a Ex oO --w l_ to
E cn
S "
X4- --1 "O
os
So
c
--
X+*
cz>
CO
'i
&
-s .
a
go X t c Q.X
.<1.) Xco >. CL
oX
OS to -E
o2
og =5 .. 3 3^-2
S= _ CL 2 X U
V.> *c 2- E
< cl Q ~
i- u
-3 0 <0
c J
g Q.
>> 3Oi--
CL OS
"t?
E|
OST.23
c cfc Jr 1 >s
E2o I os U. O O O CO
c
m
5 c
4C-G* x:
c 0
0
E
g3- X5J =0 01
<n C
JM=Q XCO} 2
o gQ- g 0cfe )03
3 O u,,
co 44
w(D
0m5 .E
^ .t!
CD n h-
-- x: m= 5 o o
Q. E
-- n -"*o-"g
5 w
yr
5S; *+~ 3
. 02
X
*--* c
c E
CO
S5 x to
O5
^ -a >> ca> cca
22
3 c
ra
o
2
c/>
X
X X J2
to' "O O
<0 <B
>>
~~
"
ca 1-1 a> .SG
Q x 2 2a. SO
C t; m
C (0
>> -
SC X 05
jy
Xi
"xro x--->*= OT c o
&0o0
s. E J==5
+m*
0
H-
3
|
C 05 >>;E
3 O
E
q ^ 0 zm CoO
< JZ O5
0 *00 CQ
0 sf
= 1X
c
0
P
00 t-
00 3
Q XJ E Q. C iS
3 3Q-
1 &2
E
052 3^E v-->
E
co c 5`5
.
5sz
X (B 5 S
go.2
o. c >. >- 2 ~
^ CO X
.11-i
II 2
E
Q E
t-o >
.ra
o Q
**
."XT
El .
O0
U? 03
C
aa00.>
`E0E
uj
.E
g
CL
3
"
B
ccv0q-
UJ
fcc"lo) CCC0C5>Nw<.^.0X3 0
o 0 m0
T3 c 33--
0 ^'>o'
-Q
0 0 *5-
roc
3 >O
Oc
==
5
c O
X>
*o
tH2 O)
C
0
8
>* 5
CO
SO
If
= EI
E
uj
ot
O to ? CQ g
t
4.
to
X ('007-SWP-005802996 CONFIDENTIAL
C007-SWP-005 802997 CONFIDENTIAL
N41626.05
ULQ)
/ GUL
1 '"frus ^
. /tJUn.'iJL
Sm 'HdJ
tlhijf
(snr7
/\^--'
SSSSg
N41626.06
FA C E O F T H IS D O C U M E N T H AS A C O LO R E D B A C K G R O U N D ON W H IT E PAPER
r
w|o CD
o rco
r-
o o
z
D O o
8
sc
C1<zC1OL1
2
<cQ2x >o B
O O
_1<
<iu
CO
LaU:
oS to
oc
o
o g: o3
M ~ in
E
CO 3
= =
c
5
5 i?
c oO > a--a,, a> 2 c J= S iS
W tt, (D
?o
ss>
pH
CM
er>
s#
0^
o
E&s
O CS> 04 cm at 01
m
oi i CD
az CM
I< CM
o m ai co CM 04
2 rH 5
u.
O Q
3
OC>O
g
Ch
0-3 tH
<5* e
Ch
U1
>
P o z
acc
<
cc
< 2
5 5
oCO
CC 1
t z 5 a <
111 <a
>a: CamUOJ:
oVo <a.
5
_j <
3s o i--
C007-SWP-005802999 CONFIDENTIAL
N41626-07