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HomeMy WebLinkAbout08-3742ANGINO & ROVNEK P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com NAJWA KASSEM IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 6$- 3r74a l:tivi TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 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 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 Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 383928 383928 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 383928 383928 NAJWA KASSEM : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. o1- 3.7y Z, l T TRAVELERS PERSONAL SECURITY INSURANCE COMPANY : Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Najwa Kassem is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 6352 Mercury Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Travelers Personal Security Insurance Company (hereinafter referred to as "Travelers") is a Connecticut corporation whose corporate headquarters are located at One Tower Square, Hartford, Connecticut 06183 and who regularly does business in Cumberland County, Pennsylvania. 3. Plaintiff Najwa Kassem was insured by Travelers at the time of an automobile accident she was involved in on October 9, 2006. 4. The Travelers policy of insurance provided for the payment of first-party medical benefits, in accordance with the provision of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701 et. se___cI.. 5. On October 9, 2006, Plaintiff Najwa Kassem was merging onto Route 15 North on an entrance ramp but was required to yield and stop because of traffic. 6. After having stopped for traffic, Plaintiff was rear ended by another vehicle which had been traveling directly behind her. 383928 383928 7. As a result of the aforesaid accident, Plaintiff Najwa Kassem sustained painful and severe injuries which included but are not limited to neck pain with headaches, back pain with spasm and left knee pain. 8. Plaintiff Najwa Kassem has been required to undergo medical treatment in an effort to restore herself to health and has been having ongoing problems, especially with her cervical spine and left knee for which she has required ongoing physical therapy, diagnostic and therapeutic injections, and orthopedic treatment. 9. As a result of the injuries to her cervical spine Plaintiff Najwa Kassem failed to respond to conservative treatment and her treating orthopedic physician, Dr. Raymond Dahl, has recommended surgery. 10. Plaintiff Najwa Kassem continues to suffer from injuries arising from the accident which has been confirmed in an independent medical examination which was performed by Dr. David N. Basacco on behalf of Travelers in December 2007. 11. Dr. Basacco, on behalf of Travelers, confirmed that Plaintiff Najwa Kassem sustained cervical and lumbar strain/sprain with exacerbation of cervical and lumbar disc disease and contusions of the left knee with exacerbation of patellar chondromalacia. 12. Dr. Basacco, on behalf of Travelers, confirmed that these injuries and diagnosis are related to the motor vehicle accident on October 9, 2006 and that as of December 6, 2007, the condition or diagnosis has not resolved. 13. In spite of Defendant Travelers having Plaintiff Najaw Kassem's own treating physician records and recommendations as well as Dr. Basacco's December 6, 2007 report and examination, Defendant Travelers has denied Plaintiff Najaw Kassem's ongoing treatment. 383928 383928 14. Defendant Travelers has denied coverage for Plaintiff Najwa Kassem's accident related medical bills. 15. All of Plaintiff Najwa Kassem's medical bills were incurred for reasonable and necessary medical and rehabilitative services for the injuries which she sustained in the October 9, 2006 accident. 16. Plaintiff Najwa Kassem further alleges that she had to engage counsel, and counsel has had to expend considerable time in research, correspondence, preparation, etc. To date, counsel has also incurred expenses in obtaining Plaintiff's medical records, bills and doctor's reports. Counsel will have to expend additional time and expense in the future in an attempt to obtain recovery for the medical bills as provided under the Pennsylvania No-Fault Motor Vehicle Insurance Act. 17. Defendant Travelers have refused to pay Plaintiff Najwa Kassem's medical care as required by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et. sec.. 18. Defendant Travelers has breached its contract with Plaintiff Najwa Kassem to pay all accident-related medical bills in accordance with the terms and provisions of the aforesaid automobile insurance policy whereby Plaintiff Najwa Kassem's first-party medical coverage is $100,000.00. 19. Because of Defendant Travelers failure to pay Plaintiff Najwa Kassem's medical bills is without reasonable foundation and because Defendant acted in an unreasonable manner, Plaintiff Najwa Kassem is entitled to recover her attorney's fees, costs, and interest accruing in the amount of 12% on her unpaid bills and expenses. 383928 383928 WHEREFORE, Plaintiff Najwa Kessem demands judgment from Defendant Travelers for first-party medical benefits, together with interest and counsel fees, expenses, an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs. I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 383928 383928 VERIFICATION I, NAJWA KASSEM, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made suhiect to the penalties of the Rules of Civil Procedilre relating to unworn falsification to authorities. 4k?AK-X'Z?SSEM???? Dated: 6 'a3 -©? 1 R --a 90 Y eil W r-j ? ?Jn ri). ` - k _f J 0 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com NAJWA KASSEM Plaintiff V. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3742 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the June 23, 2008 a true and correct copy of the Complaint to Civil Action No. 08-3742 was mailed to Travelers Personal Security Insurance Company, One Tower Square Hartford, CT 06183 by certified mail, return receipt requested No. 7005 1160 0004 2410 2191. A copy of the certified mail receipt is attached hereto. Michelle. M. 'loje ch 387915 ACCEPTANCE OF SERVICE This is to certify that a true and correct copy of the above-noted Complaint was served upon the Travelers Personal Security Insurance company via certified mail, return receipt requested at the above-noted address on June 28, 2008. A copy of the signed receipt No: 7005 1160 0004 2410 2191 is attached hereto. 1. r 7&?& n PAInt'. Michelle M. Milojevich Sworn to and subscribed before me this S6 xt- day of 2008. Notary Public WTUTAI SERI OM HER,, NOTARY PUK C CITY OF HURRISB K DAUPHIN CO OM 387915 I_ 00 ERTllD MAIL RFC.,t Domestic Mail Only, No Insurance Coverage Provided) L O r-? rU Postage $ C3 Certified Fee O Retum Receipt Fee Postmark (Endorsement Required) Were C3 Restricted Delivery Fee ..0 (Endorsement Required) 0 l i µJ[ (d,(„J (?(i / r-q _ Total Postage & Fees I Ln u'1 C3 Z - 0 Y ?S[ _•-- -- -,..- ° -------------- ---°----- or PO Box IVo. -a W, CMOS ASWIs 11 2, and 3. Also complete A,Mjiiat? „, . Own 4 if fleatrlcted Delivery is desired. 9 F* ft your name and address on the reverse 0 Agent x so that w t 0 Addrsme e can re urn the card to you. ¦ AMsch this card to the back of the mailpieoe, g. Received by (Prlrried N? A' C. Date of Deboy or on the front If space permits. ?n\l 2MQ Is Addressed to: D. Is dewy addresWiRerent from Item 1? ? Yes YES, enter delivery address below: 0 No t s wLl u?te, a c t I DqR dta? c7" 0083 Cerdftd ?c . 0 Registered Return for Merchandise 0 Insured Mail 0 c.o.D. 4. Restricted Delivery? (Extra Fee) 0 Y" 2. Article Nurnber MMISAW "M "1111111 7005 11 60 0. E8 2191 P!E Fam 3011, Fowwy tow oon,.rnc Araa ,rn now Maaesa: ra o ?- r , `4 ? `-; "T R`? ? t r t. z .- :? {ti -: ?F - C: w _ ~ TO: ALL COUNSEL YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND/OR NEW MATTER CROSS CLAIMS/COUNTERCLAIMS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT Y BE ENTERED AGAINST YOU. ATT R FOR DEFENDANT KENT & MCBRIDE, P.C. By: ERNEST F. KOSCHINEG, ESQUIRE LAUREN N. KLEHA, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 FILE NO: 024-62033 NAJWA KASSEM ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, VS. CIVIL ACTION - LAW 3-lq,a NO: 08-37-24 TRAVELERS SECURITY INSURANCE CO. DEFENDANT. JURY TRIAL DEMANDED DEFENDANT, TRAVELERS PERSONAL SECURITY INSURANCE COMPANY'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Travelers Personal Security Insurance Company, by and through its Attorneys, Kent & McBride, P.C., hereby responds to Plaintiff's Complaint and avers as follows: Denied. after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 2. Admitted. 3. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies some and demands strict proof thereof at the time of trial. 4. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 5. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 6. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies some and demands strict proof thereof at the time of trial. 7. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies some and demands strict proof thereof at the time of trial. 8. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 9. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies some and demands strict proof thereof at the time of trial. 10. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 11. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 12. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 13. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 14. Denied. The allegations of this Paragraph state conclusions of the low to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 15. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 16. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 17. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 18. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 19. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. WHEREFORE, Answering Defendant hereby demands judgment in its favor and against all other parties with costs of suit, attorney's fees and such other relief as this Honorable Court deems appropriate. NEW MATTER 1. Plaintiff assumed the risk of all injuries which limits and/or bars all claims. 2. Plaintiff's claims are barred by the Comparative Negligence Statute. 3. Plaintiff's claims fail to state any cause of action against Answering Defendant upon which relief can be granted. 4. Plaintiff's claims are barred by the Statutes of Limitations and/or Laches. 5. Plaintiff's claims are barred due to improper service of process. 6. Plaintiff's claims are barred because of the doctrine of superceding and/or intervening causes. 7. Plaintiff's claims are barred because of the doctrine of waiver and/or estoppel. 8. Plaintiff's claims are barred by the virtue of the terms of an express release. 9. Defendant's conduct was reasonable at all times. 10. Defendant owed no duty to Plaintiffs. 11. Defendant fulfilled any alleged duty or obligations toward the Plaintiff. 12. Plaintiff's injuries, if any, were caused by the acts and omissions of third parties, over whom Defendant had no control, and/or obligation to control. 13. Plaintiff's claims are barred and/or limited by the appropriate provisions of the No-Fault Act and/or Financial Responsibility Act. 14. Plaintiff's claims are barred because of his/her ownership and operation of a motor vehicle without insurance required under the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa.C.S.A. § 1701 et. sea. 15. Plaintiff's injuries are not permanent in nature or a significant impairment of any major bodily system and, as such, Plaintiff is precluded from seeking redress of his/her injuries pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act (MVFRA) as found in 75 Pa.C.S.A. § 1701 et. sea• since Plaintiffs have elected the limited tort option. 16. Plaintiff did not represent her claim in accordance with the MVFRL. 17. Plaintiff's treatment was not reasonable and necessary. 18. Defendant does not owe benefits to Plaintiff. 19. Plaintiffs are not entitled to damage under in 75 Pa.C.S.A. § 8371. 20. Plaintiff has not fulfilled statutory obligations precedent to the payment of the benefits under the applicable policy of insurance. 21. Plaintiff is not an eligible claimant under the applicable policy of insurance. 22. Plaintiff is not an insured under the applicable policy of insurance. 23. Defendant at no time acted in bad faith. 24. Plaintiff's injuries are unrelated to the alleged accident of October 9, 2006. 25. Defendant never breached any promise or contractual obligations, either expressed or implied, to Plaintiff. 26. Plaintiff is not entitled to attorney's fees or costs. 27. Defendant fulfilled all of its duties and obligations, whether arising from common law, statute, contract or otherwise. 28. Defendant did not breach any duty or obligation of any kind whether arising from common law, statute, contract or otherwise. 29. Plaintiff failed to mitigate her damages. 30. Defendant complied with all applicable laws, regulations and standards. 31. Plaintiff lacks standing to assert any and all claims set forth in her Complaint. 32. Plaintiff's claims are barred because of the Doctrine of Unclean Hands. 33. Plaintiff's claims are barred because Plaintiff has failed to comply with obligations set forth in the applicable policy of insurance. 34. Plaintiff's claims are barred because Defendant has honored fully Plaintiff's claim for damages pursuant to the applicable policy of insurance. 35. Defendant never violated the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-2, et sea. WHEREFORE, Answering Defendant hereby demands judgment in its favor and against all other parties, together with costs, attorney's fees and other relief as just and reasonable. Respectfully submitted, KENT & McBRIDE, P.C. By: f2 Yr . 11 J14 ld"-'- Ernest F. Koschineg, Esquire Lauren N. Kleha, Esquire Attorneys for Defendant, Travelers Personal Security Insurance Company Jul-16. 2008 3:09PM TRAVELERS - PIP 6101362460 No.9010 P. 2 VERIFICATION I, Susan Adomitis, hereby state that I am a representative for Defendant, Travelers Personal Security Insurance Company; that I am authorized to take this Verification on its behalf; and I hereby over that the facts set forth in the Answer of Defendant, Travelers Personal Security Insurance Company, to Plaintiff's Complaint set forth therein are true and correct to the best of my knowledge, information and belief. Further, I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Susan Adomiti KENT & MCBRIDE, P.C. By: ERNEST F. KOSCHINEG, ESQUIRE LAUREN N. KLEHA, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 FILE NO: 024-62033 NAJWA KASSEM PLAINTIFF, VS. TRAVELERS SECURITY INSURANCE CO. DEFENDANT. ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 08-3724 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE fL' I, Ernest F. Koschineg, Esquire, hereby certify that this I day of July, 2008, a true and correct copy of the within Answer of Defendant, Travelers Personal Security Insurance Company, to Plaintiff's Complaint was served on all parties of record by first-class mail, postage prepaid below: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 KENT & McBRIDE, P.C. By: rnest F. Koschineg, Esquire Lauren N. Kleha, Esquire Attorneys for Defendant, Travelers Personal Security Insurance Co. 7 CD 4 } i. KENT & MCBRIDE, P.C. BY: ERNEST F. KOSCHINEG, ESQUIRE LAUREN N. KLEHA, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, VS. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED ENTRY OF APPEARANCE O THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant, Travelers Personal Security nsurance Company, in the above-captioned matter. KENT & McBRIDE, P.C. BY: ' Ernest F. oschiffl g, Esquire BY: J,?j jj 7- k?,Ail&__ Aouren Kleha, Esquire DATE: 7 117 Q ra C) ? _. C-D ?., . . , f ux.. TO: ALL COUNSEL KENT & MCBRIDE, P.C. By: ERNEST F. KOSCHINEG, ESQUIRE LAUREN N. KLEHA, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 FILE NO: 024-62033 NAJWA KASSEM YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND/OR NEW MATTER CROSS CLAIMS/COUNTERCLAIMS WITHIN TWFjqjY (20) DAYS FROM SERVICE HEREOF OR A JU ENT MAY BE ENTERED AGAINST YOU. EY FOR DEFEN ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, VS. CIVIL ACTION - LAW NO: 0847.24-- Na' TRAVELERS SECURITY INSURANCE CO. DEFENDANT. JURY TRIAL DEMANDED DEFENDANT, TRAVELERS PERSONAL SECURITY INSURANCE COMPANY'S AMENDED ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Travelers Personal Security Insurance Company, by and through its Attorneys, Kent & McBride, P.C., hereby responds to Plaintiff's Complaint and avers as follows: 1. Denied. after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies some and demands strict proof thereof at the time of trial. 2. Admitted. 3. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 4. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 5. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 6. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 7. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 8. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies some and demands strict proof thereof at the time of trial. 9. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 10. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 11. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 12. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 13. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 14. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies some and demands strict proof thereof at the time of trial. 15. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 16. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 17. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 18. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. 19. Denied. The allegations of this Paragraph state conclusions of the law to which no response is required. By way of further response, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this Paragraph and, therefore, denies same and demands strict proof thereof at the time of trial. WHEREFORE, Answering Defendant hereby demands judgment in its favor and against all other parties with costs of suit, attorney's fees and such other relief as this Honorable Court deems appropriate. NEW MATTER Plaintiff's claims fail to state any cause of action against Answering Defendant upon which relief can be granted. 2. Plaintiff's claims are barred by the Statutes of Limitations and/or Laches. 3. Plaintiff's claims are barred due to improper service of process. 4. Plaintiff's claims are barred because of the doctrine of waiver and/or estoppel. 5. Plaintiff's claims are barred by the virtue of the terms of an express release. 6. Defendants fulfilled any alleged duty or obligations toward the Plaintiff. 7. Plaintiff's claims are barred and/or limited by the appropriate provisions of the No-Fault Act and/or Financial Responsibility Act. 8. Plaintiff did not represent her claim in accordance with the MVFRL. 9. Plaintiff's treatment was not reasonable and necessary. 10. Defendant does not owe benefits to Plaintiff. 11. Plaintiff has not fulfilled statutory obligations precedent to the payment of the benefits under the applicable policy of insurance. 12. Plaintiff is not an eligible claimant under the applicable policy of insurance. 13. Plaintiff is not an insured under the applicable policy of insurance. 14. Plaintiff's injuries are unrelated to the accident of October 9, 2006. 15. Defendant never breached any promise or contractual obligations, either expressed or implied, to Plaintiff. 16. Plaintiff is not entitled to attorney's fees or costs. 17. Defendant fulfilled all of its duties and obligations, whether arising from common law, statute, contract or otherwise. 18. Defendant did not breach any duty or obligation of any kind whether arising from common law, statute, contract or otherwise. 19. Defendant complied with all applicable laws, regulations and standards. 20. Plaintiff lacks standing to assert any and all claims set forth in her Complaint. WHEREFORE, Answering Defendant hereby demands judgment in its favor and against all other parties, together with costs, attorney's fees and other relief as just and reasonable. Respectfully submitted, KENT & McBRIDE, P.C. By: nest F. Koschineg, Esquire Lauren N. Kleha, Esquire Attorneys for Defendant, Travelers Personal Security Insurance Company VERIFICATION I, Emitni F. l , Esquire, hereby state that I am the attorney for Defendant, LA&L",1J. ?? Travelers Personal Security Insurance Company; that I am authorized to take this Verification on its behalf; and I hereby aver that the facts set forth in the Answer of Defendant, Travelers Personal Security Insurance Company, to Plaintiff's Complaint set forth therein are true and correct to the best of my knowledge, information and belief. Further, I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. t4o---- o , Esquire LOU+?w?n N •? ?? KENT & MCBRIDE, P.C. By: ERNEST F. KOSCHINEG, ESQUIRE LAUREN N. KLEHA, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 FILE NO: 024-62033 NAJWA KASSEM ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, VS. TRAVELERS SECURITY INSURANCE CO. DEFENDANT. CIVIL ACTION - LAW NO: 08-3724 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ernest F. Koschineg, Esquire, hereby certify that this lY day of August, 2008, a true and correct copy of the within Answer of Defendant, Travelers Personal Security Insurance Company, to Plaintiff's Complaint was served on all parties of record by first-class mail, postage prepaid below: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 McBRIDE, P.C. By: Eest F. Koschineg, Esquire auren n N. Kleha, Esquire Attorneys for Defendant, Travelers Personal Security Insurance Co. C? u C 7 r 4? ? l,yJ 1,?? _ Imo, 1 4 r ' )rn Aug-04-2009 02:09am From-KENT MCBRIDE KENT & MCBRIDE, P.C. By: ERNEST F. KOSCHINEG, ESQUIRE LAUREN N. KLEHA, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PA 19103 (215) 568-1800 FILE O: 024-62033 NAJWA KASSEM PLAINTIFF, VS. TRAVELERS SECURITY INSURANCE CO. DEFENDANT. +215 589 5145 31 P-003/003 F-095 ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 084-7? L4 JURY TRIAL DEMANDED STIPULATION TO FILE AN AMENDED NEW MATTER PUrsuant to PA. R.C.P. 1033, it is hereby stipulated among the parties, that Defendant, Travelers Security Insurance Company, may file on Amended New Matter but not otherwise plead. AGING & ROVNER, P.C. By: is Ze , quire At?orney for Plaintiff Dote: -c By= KENT & MCBRIDE, P.C. nest Koschineg, Esquire Duren N. Kleha, Esquire Attorneys for Defendant, Travelers Security Insurance Co. Date: u,,ud- -4--u * - 3 ?' -, C-Z ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com NAJ WA KASSEM IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-3742 TRAVELERS PERSONAL SECURITY INSURANCE COMPANY : Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO AMENDED NEW MATTER OF DEFENDANT TRAVELERS PERSONAL SECURITY INSURANCE COMPANY AND NOW come the Plaintiff, Najwa Kassem, by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be may be deemed proper, it is specifically denied that Plaintiff's Complaint fails to state a claim against the Defendant, Travelers Personal Security Insurance Company. To the contrary, Plaintiffs Complaint sets forth a cause of action for breach of contract based upon the Defendant's failure to pay Plaintiffs reasonable and necessary medical expenses pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et. sec and Plaintiffs insurance policy with the Defendant. 391392 2. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs claims are barred by the statute of limitations or laches. As stated in Plaintiff's Complaint, Plaintiff Najwa Kassem was injured in a motor vehicle accident on October 9, 2006. Since that time, she has been receiving periodic medical treatment which Defendant did initially pay. Section 1721 of the Pennsylvania Motor Vehicle Financial Responsibility Law provides that if first-party benefits have been paid, an action for further benefits shall be commenced within four years from the date of the last payment. Plaintiff Najwa Kassem has instituted suit within four years of the date of her accident after which Defendant had made payment of medical expenses and therefore her claim is clearly timely. Plaintiff maintains that the benefits which have not been paid and for which suit was instituted were incurred in January 2008 and, therefore, less than one year has passed since the expense has been incurred and submitted to the Defendants Travelers Personal Security Insurance Company for which denial has wrongfully been made by the Defendant. 3. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff has improperly served Defendant. As stated in Plaintiff's Complaint, Defendant Travelers Personal Security Insurance Company is a Connecticut Corporation who has corporate offices in Hartford, Connecticut and regularly does business in Dauphin County, Pennsylvania. As such, Plaintiff was permitted to serve Defendant via Certified Mail which was accomplished on June 28, 2008, three days after Plaintiff's Complaint was filed in the Prothonotary's Office in Dauphin County, Pennsylvania. Contrary to Defendant's assertion, Plaintiff maintains that service was properly made on the Defendant pursuant to Pa.R.C.P. 403-405. 391392 4. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff s claims are barred by the Doctrine of Waiver or Estoppel or that such defenses are applicable to Plaintiff s contract claim. 5. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's claims are barred by the terms of an express release. Furthermore, Pennsylvania Rule of Civil Procedure 1019 provides that when a claim or defense is based upon an agreement or writing, the pleadings shall state specifically if the agreement is oral or written and further provides that where a claim or defense is based upon a writing, a copy of the writing shall be attached to the pleading. Defendant has not attached any alleged express release nor has it indicated that it is written or oral and, therefore, it has failed to comply with the Pennsylvania Rule of Civil Procedure and therefore has not properly preserved this alleged defense. 6. Denied. This is a self-serving, bald allegation which is unsupported by any factual statements. To the extent that a response may be deemed necessary, it is specifically denied that the Defendant, Travelers Personal Security Insurance Company has fulfilled its duty or obligation to the Plaintiff. To the contrary, as stated in Plaintiff's Complaint, Defendant has failed to pay her medical expenses which are reasonable and necessary as a result of injuries sustained in a motor vehicle accident incurred while covered by the Defendant's insurance policy. Defendant has breached its contractual duty and obligation to the Plaintiff which is the basis of Plaintiff s Complaint against the Defendant. 7. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, Pennsylvania Rule of Civil 391392 Procedure 10 19 provides that the material facts upon which a defense is based shall be stated in a concise and summary form. Defendant's attempted incorporation of the No-Fault Act and/or the Financial Responsibility Act (sic) does not place Plaintiff on notice which, if any, provisions of these statutes the Defendant may be relying upon and, therefore, does not adequately place Plaintiff on notice of any defenses. Furthermore, Plaintiff specifically denies that her claims are barred or limited by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law. 8. Denied. It is specifically denied that Plaintiff Najwa Kassem did not present her claim in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. To the contrary, Plaintiff completed an application for benefits and properly notified Defendant of her involvement in a motor vehicle accident. Subsequently, Plaintiff, through her medical providers, provided the Defendant with copies of her medical bills for treatment and adequate documentation to pay her medical expenses. Defendant is the one who failed to handle the claim in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law and improperly denied her claim. 9. Denied. It is specifically denied that Plaintiff Najwa Kassem's treatment which was submitted to the Defendant was not reasonable or necessary. Plaintiff's treating orthopedic physician prescribed a course of treatment for Plaintiff as a result of injuries she sustained in the motor vehicle accident and supplied documentation and a report confirming that the treatment was reasonable and necessary and causally related to the motor vehicle accident. 10. Denied. It is specifically denied that Defendant Travelers Personal Security Insurance Company does not owe benefits to the Plaintiff. To the contrary, it is averred that Defendant failed to properly deny her claim for further medical treatment and has no foundation 391392 for it's denial where Plaintiff has provided documentation confirming the treatment was reasonable, necessary, and causally related to the motor vehicle accident. 11. Denied. It is specifically denied that Plaintiff has failed to fulfill any alleged statutory obligations precedent to the payment of benefits applicable to her insurance policy. It is further denied that there are any alleged statutory obligations which Plaintiff must fulfill before submitting her claim for benefits. Plaintiff Najwa Kassem had a policy of insurance with the Defendant Travelers Personal Security Insurance Company which was governed by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Plaintiff Najwa Kassem, under the terms of her policy and the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, notified Defendant of her involvement in the motor vehicle accident and completed an application for benefits. To Plaintiff's knowledge, all of her health care providers have continued to supply to the Defendant copies of her medical bills and medical records supporting that her condition is causally related to the motor vehicle accident and that the treatment was reasonable and necessary to treat her for injuries directly related to the motor vehicle accident. 12. Denied. It is specifically denied that Plaintiff is not an eligible claimant under the applicable policy of insurance. To the contrary, pursuant to the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law, specified in §1713, as well as Defendant Travelers Personal Security Insurance Company's own policy, Plaintiff is an eligible claimant and is the named insured on her policy, and Defendant's allegations to the contrary is improper. 13. Denied. It is specifically denied that Plaintiff is not an insured under the applicable policy of insurance. To the contrary, pursuant to the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law as well as Defendant Travelers Personal Security Insurance 391392 Company's own policy, Plaintiff was the named insured on her policy, and Defendant's allegations to the contrary is improper. 14. Denied. It is specifically denied that Plaintiff Najwa Kassem's injuries were unrelated to the motor vehicle accident of October 9, 2006. To the contrary, Plaintiff's treating orthopedic physician supplied bills, medical records, and a report which specifically and directly stated that Plaintiffs treatment was reasonable and necessary and directly related to the injuries sustained in the motor vehicle accident. 15. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant did not breach either its contractual obligation and/or its statutory obligation to the Plaintiff Najwa Kassem. Defendant's contract, as set forth in Plaintiffs Complaint, obligated it to pay all reasonable and necessary medical expenses that Plaintiff Najwa Kassem incurred as a result of injuries sustained in a motor vehicle accident consistent with the requirements of the Pennsylvania Motor Vehicle Financial Responsibility Law. As stated in Plaintiff's Complaint, Defendant's breached this contractual and statutory obligation. 16. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant Travelers Personal Security Insurance Company is not required to pay attorney's fees. Under the Pennsylvania Motor Vehicle Financial Responsibility Law, specifically § 1716, benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the amount of the benefits. Defendant received bills and medical records supporting the Plaintiff's medical treatment was accident-related and failed to pay those bills. Under this section, Plaintiff is entitled 391392 to be paid interest at the rate of 12% per annum beginning 30 days after the bill became due as well as reasonable attorney's fees for actual time expended. 17. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant Travelers Personal Security Insurance Company fulfilled all of its duties and obligations whether arising under common law, statute, contract or otherwise. To the contrary, it is averred Defendant breached its duties and obligations set forth in its contractual policy with the Plaintiff as well as provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as specifically set forth in Plaintiff s Complaint. 18. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant Travelers Personal Security Insurance Company did not breach any duties and obligations whether arising under common law, statute, contract or otherwise. To the contrary, it is averred Defendant breached its duties and obligations set forth in its contractual policy with the Plaintiff as well as provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as specifically set forth in Plaintiff's Complaint. 19. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant complied with the applicable law and regulations developed by the Insurance Department concerning the Pennsylvania Motor Vehicle Financial Responsibility Law. As previously stated, Plaintiff maintains that Defendant breached its obligation and duties under its contract as well as the Pennsylvania Motor Vehicle Financial Responsibility Law. 391392 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Plaintiff Najwa Kassem lacks standing to assert the cause of action stated in her complaint. To the contrary, Plaintiff is the named insured under her policy with Travelers Personal Security Insurance Company, and therefore, may assert a cause of action for breach of contract and violation of the Pennsylvania Motor Vehicle Financial Responsibility Law as she did in her Complaint against the Defendant. WHEREFORE, Plaintiff Najwa Kassem respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. ZjrIER, P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 391392 VERIFICATION I, NAJWA KASSEM, do hereby swear and affirm that the facts set forth in the foregoing REPLY TO NEW MATTER is true and correct to the best of our knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. "'&AKAS9FMM Dated:/ /? CERTIFICATE OF SERVICE AND NOW, this 29th day of August 2008 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Lauren N. Kleha, Esquire KENT & MCBRIDE, P.C. 1617 John F. Kennedy Blvd., Ste. 1200 Philadelphia, PA 19103 . Aw r Michelle M. Milojevich 391392 383928 .,'.A `' ...y !? _ „?^q y ? S 'f'"4t ?3 ,i "` ? : ; x w;. ? ". ., t... CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NAJWA KASSEM -VS- TRAVELERS PERSONAL SECURITY INS. CO. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ESQ. certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0802714 91095-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: NAJWA KASSEM -VS- TRAVELERS PERSONAL SECURITY INS. CO. COURT OF COMMON PLEAS TERM, CASE NO: 08-3742 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAUREN N. AMATO, ESQ. intends 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/23/2008 CC: LAUREN N. AMATO, ESQ. - 024.62033 MCS on behalf of LAUREN N. AMATO, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. MICHAEL E. KOSIK, ESQ. 1601 MARKET STREET 4503 NORTH FRONT ST. #800 ANGINO & ROVER PHILADELPHIA, PA 19103 HARRISBURG, PA 17110 (215) 246-0900 R1.72S 133-H DE02-0424272 91095-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEVEN PROPHET, M.D. MEDICAL RECORDS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL FILM INVENTORY RANDY STEVEN FAMILY FOOTCARE MEDICAL RECORDS HEALTHSOUTH REHAB MEDICAL RECORDS HARRISBURG INTERV PAIN MANG MEDICAL RECORDS ORTHOPEDIC SURGEONS OF CMPHILL MEDICAL RECORDS CUMBERLAND ORTHOPEDIC MEDICAL RECORDS MAGNETIC IMAGING CENTER MEDICAL RECORDS R1.72S 133-H DE02-0424272 91095-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM VS. TRAVELERS PERSONAL SECURITY INS. CO. File No. 08-3742 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for STEVEN PROPHET. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia, PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO, ES ADDRESS: 1617 JFK BLVD. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAY 14100e, Date: /?? f Seal of the Court BY THE COURT: Al & Prot onotary/Clerk, Civil Divisio zd? D DOV'/ - / 91095-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STEVEN PROPHET, M.D. 888 POPLAR CHURCH RD. CAMP HILL, PA 17011 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757560 91095-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NAJWA KASSEM -VS- TRAVELERS PERSONAL SECURITY INS. CO. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ESQ. certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0802717 91095-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM File No. 08-374 vs. TRAVELERS PERSONAL SECURITY INS. CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group,, Inc 1601 Market Street Suite 800, Philadelphia, PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO, ESQ. ADDRESS: 1617 JFK BLVD SUITE 1200 PHILADELPHIA, PA 19103 TELEPHONE: (215) 245-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Divio NOV 14 2008 Date: Seal of the Court 91095-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757562 91095-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NAJWA KASSEM TERM, CUMBERLAND -VS- TRAVELERS PERSONAL SECURITY INS. CO. CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ESQ. certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H 1DEl1-0802719 91095-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM VS. TRAVELERS PERSONAL SECURITY INS. CO. File No. 08-3742 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc._ 1601 Market Street. Suite 800, P it lnhia. PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO. ESQ. ADDRESS: 1617 JFK BLVD. _SUITE 1200 PH PH A, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NON 14 2008' Date: "111;f Seal of the Court 91095-03 BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILM INVENTORY THAT IS TO INCLUDE TYPE OF STUDY, NUMBER OF STUDIES AND THE DATE OF THE STUDIES PERTAINING TO: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757564 91095-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NAJWA KASSEM TERM, CUMBERLAND -VS- TRAVELERS PERSONAL SECURITY INS. CO. CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ESQ. certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0802722 91095-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM File No. 08-3742 - VS. TRAVELERS PERSONAL SECURITY INS. CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RANDY STEVEN FAMILY FOOTC e R F (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED EIDER **** at The MCS Group, Inc„ 1601 Market Street, Suite 800 Philadelphia-PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO. ES ADDRESS: 1617 JFK BLVD. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 14 2008 Date: Seal of the Court BY THE COURT: Al Prothonotary/Clerk, Civil Division ut 4 91095-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RANDY STEVEN FAMILY FOOTCARE 250 EAST PARK DRIVE SUITE 100 HARRISBURG, PA 17111 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NAJWA ECASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757566 91095-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NAJWA KASSEM TERM, CUMBERLAND -VS- TRAVELERS PERSONAL SECURITY INS. CO. CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ES certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0802725 91095-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM VS. TRAVELERS PERSONAL SECURITY INS. CO. File No. 08-3742 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHSOUTH REHAB (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc.. 1601 Market Street Suite 800 Philadelphia. PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO. ESQ. ADDRESS: 1617 TFK BLVD, SUITE 1200 PHILADELPHIA_ PA 19103 TELEPHONE: (5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 'NW 14 2008 Date: Seal of the Court 91095-05 BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB 175 LANCASTER BLVD P.O. BOX 2016 MECHANICSBURG, PA 17055 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757568 91095-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NAJWA KASSEM -VS- TRAVELERS PERSONAL SECURITY INS. CO. TERM, CUMBERLAND CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ESQ. certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0802728 91095-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM File No. 08-3742 VS. TRAVELERS PERSONAL SECURITY INS. CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for HARRISBURG INTERN PAIN M NG (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc, 1601 Market Street Suite 800 Philadelphia PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO, ES ADDRESS: 1617 JFK BLVD. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 14 2008 Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divisi0 D uty91095-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG INTERV PAIN MANG 825 SIR THOMAS COURT HARRISBURG, PA 17109 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHMICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757570 91095-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NAJWA KASSEM TERM, CUMBERLAND -VS- TRAVELERS PERSONAL SECURITY INS. CO. CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ES certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0802731 910 95 -L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM File No. 08-3742 VS. TRAVELERS PERSONAL SECURITY INS. CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC SURGEONS OF CMPHII .T (Name of Person or Entity) Within twenty. (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street, Sui?800.Philadelphia- PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO ES ADDRESS: 1617 JFK BIND, TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 14 2008 Date: Seal of the Court 91095-07 BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURGEONS OF CMPHILL 3916 TRINDLE RD. CAMP HILL, PA 17011 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757572 91095-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NAJWA KASSEM TERM, CUMBERLAND -VS- TRAVELERS PERSONAL SECURITY INS. CO. CASE NO: 08-3742 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, E certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0802734 91095-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM File No. 08-3742 VS. TRAVELERS PERSONAL SECURITY INS. CO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND ORTHOPEDIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc 1601 Market Street, Suite 800 Philadelphia PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO. ESO. ADDRESS: 1617 JFK BLVD SUITE 1200 PHILADELPHIA PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Nov 14 2008 Date: Seal of the Court 91095-08 BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND ORTHOPEDIC 6375 MERCURY DRIVE SUITE 100 MECHANICSBURG. PA 17050 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757574 91095-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NAJWA KASSEM TERM, CUMBERLAND -VS- CASE NO: 08-3742 TRAVELERS PERSONAL SECURITY INS. CO. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAUREN N. AMATO, ESQ. certifies 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 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 which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/14/2008 LAUREN N. AMATO, ESQ. Attorney for DEFENDANT R1.93 133-H DEll-0802737 91095-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NAJWA KASSEM VS. TRAVELERS PERSONAL SECURITY INS. CO File No. 08-3742 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGNETIC IMAGING CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800, Philadelphia. PA 19103 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 reasonable cost of preparing the copies or producing the things sought. 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: LAUREN N. AMATO. ES ADDRESS: 1617 JFK BLVD. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NW ,2,42008 Date: Seal of the Court BY THE COURT: d & r//3 /Z- Prothonotary/Clerk, Civil Divisior? D uty 91095-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGING CENTER 4665 TRINDLE ROAD CAMP HILL, PA 17011 RE: 91095 NAJWA KASSEM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NAJWA KASSEM 6352 MERCURY DRIVE, MECHANICSBURG, PA 17050 Date of Birth: 11-20-1953 R1.72S 133-H SU10-0757576 91095-L09 rv -?„ :.? r.r ,_ .,, --?-r"? ? ?? yy 1 ?1,; ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com NAJWA KASSEM Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendant CIVIL ACTION - LAW NO. 08-3742 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends 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. P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 1/29/09 402540 NAJWA KASSEM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiff : versus :No. 08-3742 TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: IMX Medical Management Services Two Bala Plaza, Ste. 600 PO Box 557 Bala Cynwyd, PA 19004 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any correspondence, notes, medical records, received from IMX which document any telephone calls which you may have had with claims adjusters or claims management nurses or anyone else concerning your exam of Najwa Kassem at 4503 N. Front Street, Harrisburg, PA 17110. 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 reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after 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: Address: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36513 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of NOTICE OF INTENT TO SERVE SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Lauren N. Amato, Esquire KENT & MCBRIDE, P.C. 1617 John F. Kennedy Blvd., Ste. 1200 Philadelphia, PA 19103 t Nit Michelle M. Milojevich Dated: 1/29/09 402540 C'? '?? ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com NAJWA KASSEM Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendant CIVIL ACTION - LAW NO. 08-3742 : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve a subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party, and plaintiff received a letter from defense counsel waiving the 20 days, letter attached; (2) a copy of the notice of intent, including the proposed subpoena is attached to this certificate, (3) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve a subpoena. Dated: 2/24/09 icAKosik, quire Attorney for Plaintiff 404911 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com 0 f 7 -7 3 C,3 'L C 1 S NAJWA KASSEM V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendant : CIVIL ACTION - LAW : NO. 08-3742 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends 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. P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 1/29/09 0 0 402540 COSONWEALTH OF PENNSYLVAN19 COUNTY OF CUMBERLAND NAJWA KASSEM Plaintiff versus :No. 08-3742 TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: IMX Medical Management Services Two Bala Plaza, Ste. 600 PO Box 557 Bala Cynwyd, PA 19004 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any correspondence, notes, medical records, received from IMX which document any telephone calls which you may have had with claims adjusters or claims management nurses or anyone else concerning your exam of Najwa Kassem at 4503 N. Front Street, Harrisburg, PA 17110. 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 reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after 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: Address: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36513 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy I I CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of NOTICE OF INTENT TO SERVE SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Lauren N. Amato, Esquire KENT & MCBRIDE, P.C. 1617 John F. Kennedy Blvd., Ste. 1200 Philadelphia, PA 19103 Michelle M. Milojevich Dated: 1/29/09 402540 CERTIFICATE OF SERVICE AND NOW, this 24TH day of February 2009, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Lauren N. Amato, Esquire KENT & MCBRIDE, P.C. 1617 John F. Kennedy Blvd., Ste. 1200 Philadelphia, PA 19103 Michelle M. Milojevich 404911 r.? F Q v - r t? KENT & MCBRIDE, P.C. BY: LAUREN N. AMATO, ESQUIRE IDENTIFICATION NO:200269 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, Vs. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED WITHDRAW OF APPEARANCE THE PROTHONOTARY: Kindlywithdraw my appearance on behalf of Defendant, Travelers Personal Security Insurance Company, in the above-captioned matter. KENT & McBRIDE, P.C. + BY:"'AA111 J'o 1 /1' a uren N. Amato, Es re DATE: O 9 FILED 2409 MAY 1 3 P to 031 KENT & MCBRIDE, P.C. BY: LALENA J. TURCHI, ESQUIRE IDENTIFICATION NO:208207 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, VS. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Travelers Personal Security Insurance Company, in the above-captioned matter. KENT & McBRIDE, P.C. BY: Lale Turchi, Esquire TE: ?? l C?9 1 1LED-f. f 4,E OF THE 2009 MAY 18 P 14: 03 ;,, KENT & MCBRIDE, P.C. BY: KELLEY C. SCHEESE, ESQUIRE IDENTIFICATION NO: 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, VS. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED ENTRY OF APPEARANCE THE PROTHONOTARY: Kindly enter my appearance as co-counsel on behalf of Defendant, Travelers Personal Security Insurance Company, in the above-captioned matter. KENT & MCBRIDE, P.C. BY: ydw.14z'jeF Kelly . Scheese DATE: -1 I'R3 7 -r?,•1'.. FILLI-I l-ARY 2Q09 JUL 29 At! 11: 36 KENT & MCBRIDE, P.C. BY: ERNEST F. KOSCHINEG, ESQUIRE KELLY C. SCHEESE, ESQUIRE IDENTIFICATION NO:83350/ 94172 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, VS. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED AGREED PROTECTIVE ORDER It is hereby stipulated between Plaintiff, Najwa Kassem and Defendant, Travelers Personal Security Insurance Company (collectively, the "Parties") and ordered by the Court that the following procedures shall govern the production of claims and/or insurance adjustment manuals in the above-styled cause: Purpose and Scope Plaintiff has requested discovery regarding Travelers Personal Security Insurance Company's insurance adjustment manual and/or claims manual in effect from October 9, 2006 to the present, and used to adjust Plainitff's claim. Production of documents responsive to these discovery requests involve disclosure of confidential and/or proprietary information. This protective order (the "Order") therefore is entered to protect against unauthorized disclosure of such information and to ensure that such information will be used only for purposes of this action. The Order shall govern the documents produced in response to said requests for production or voluntary production of documents, including by not limited to all copies, excerpts, and summaries therefor or materials derived therefrom (collectively, "the Requested Documents"). Applicability 2. The provisions of the Order shall apply to the parties presently named or later joined in this action, including, in the case of parties other than individuals, their officers, directors, employees and agents. Designation of Materials 3. Travelers will designate the Requested Documents produced as "Confidential" at the time of its production by marking any originals or copies of the documents or other tangible materials with the legend "Confidential" at the time of their production. Whether such designations shall remain on the documents at the time they are introduced at trial shall be determined by the Court. Disclosure 4. Except with the prior consent of Travelers Personal Security Insurance Company or upon prior order of a court of competent jurisdiction, the Confidential Requested Documents shall not be disclosed except in accordance with the terms, conditions, and restrictions of the Order. Plaintiff shall not, except with the prior consent of Travelers Personal Security Insurance Company or by order to the Court, use the Confidential Requested Documents for any purpose, including, without limitation, any business or commercial purpose, other than for the purpose of preparing for and conducting the litigation of this action and any appellate proceedings in this action, and disclosure of the Confidential Requested Documents shall be limited to the extent reasonably necessary for the prosecution, defense, and/or appeal of this action. Requested Documents Designated as "Confidential" To the extent reasonably necessary for the prosecution, defense, and/or appeal of this action, the Confidential Requested Documents may be disclosed to: The Court and/or the mediator, persons employed by the Court and/or the mediator, and stenographers transcribing the testimony or argument at a hearing, trial, or deposition in this action or any appeal therefrom; (a) Counsel for the parties in this action, associates, legal assistants, paralegals, secretarial and clerical employees, and outside copy services, litigation, consulting services, document management services and graphic services that are assisting counsel in the prosecution, defense and/or appeal of this action; (b) Experts, consultants and/or investigators retained, employed, or informally consulted by counsel in connection with the prosecution, defense, and/or appeal of this action, including their secretarial and clerical employees who are assisting in the prosecution, defense and/or appeal of this action; (c) Experts, consultants and/or investigators retained, employed, or informally consulted by counsel in connection with the prosecution, defense, and/or appeal of this action, including their secretarial and clerical employees who are assisting in the prosecution, defense and/or appeal of this action; and, (d) The parties and the officers and employees of any party solely for the purpose of prosecuting, defending and/or appealing this litigation. Statements 6. With respect to the individuals identified in paragraph 6(c) with whom Plaintiff consults and gives access to the Confidential Requested Documents, Plaintiff shall, prior to giving said individual access to such material, inform the individual of the provisions of the Order, provide the individual with a copy of the Order, and have the individual execute a written agreement indicating that he/she has read the Order and will abide by its terms in the form of Exhibit A attached hereto. The original of such written agreement shall be retained by Plaintiff' counsel until the conclusion of this action, including all appeals. Nothing herein shall require a party to disclose the identity of any person who has been retained as an investigator or otherwise as a consultant. Return of Discovery Material 7. All provisions of this Order shall continue to be binding after the conclusion of this action, including all appeals, until further order of the Court, unless the parties agree otherwise in writing. Any and all originals and copies of the Confidential Requested Documents shall, at the written request and expense of Travelers Personal Security Insurance Company, be (1) destroyed, or (2) returned to Travelers Personal Security Insurance Company within sixty (60) days after a final, non-appealable judgment herein or settlement of this action. When documents are destroyed or returned at the request of Travelers Personal Security Insurance Company, Plaintiff ortheircounsel shall within thirty (30) days after such request, certify in writing that all such documents have been destroyed or returned. No Waiver The taking of any action in accordance with the provisions of this Order shall 8. not be construed as a waiver of any claim or defense in this action. Nothing herein shall be construed to affect in any way the admissibility of any document, testimony, or other evidence at trial of this action. Nothing contained in the Order or any declaration of confidentiality or restriction hereunder shall be used or characterized by any party as an "admission" by a party opponent. Further Motions Not Precluded Entry of the Order shall be without prejudice to any motion for relief from the 9. provisions hereof or to any motion for further restriction on the production, exchange, or use of the Confidential Requested Documents in the course of this action; provided, however, that no such motion shall be made after the entry of a final judgment or settlement. Continuing Jurisdiction 10. The Court retains jurisdiction subject to settlement or entry of judgment to enforce the terms of the Order. SIGNED on this day of 2009. JUDGE PRESIDING AGREED: Michael Kosik`? / Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 ATTORNEY FOR PLAINTIFF Najwa Kassem C Ernest F. oschineg and Kelly C. cheese Kent & Mc Bride, P.C. 1617 J.F. Kennedy Blvd, Suite 1200 Philadelphia, PA 19103 (215) 568-1800 (215) 568-1830 ATTORNEYS FOR DEFENDANT TRAVELERS PERSONAL SECURITY INSURANCE COMPANY KENT & MCBRIDE, P.C. BY: ERNEST F. KOSCHINEG, ESQUIRE Kelly S. Scheese, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, PENNSYLVANIA VS. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. ATTORNEY FOR DEFENDANT, Travelers Security Insurance Co. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED EXHIBIT A I, do hereby acknowledge that I have received and read a copy of the attached Agreed Protective Order, and I agree to be bound by the terms of the Order. DATED this day of , 2009. Relationship to this lawsuit: h:PY LL KENT & MCBRIDE, P.C. BY: ERNEST F. KOSCHINEG, ESQUIRE COURTNEY M. CALABRESE, ESQUIRE ATTORNEY FOR DEFENDANT, IDENTIFICATION NO:83350/ 208689 TRAVELERS SECURITY 1617 JFK BOULEVARD INSURANCE COMPANY SUITE 1200 PHILADELPHIA, PA 19103 215-568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED ENTRY OF APPEARANCE O THE PROTHONOTARY: Kindly enter my appearance as co-counsel on behalf of Defendant, Travelers Personal Security Insurance Company, in the above-captioned matter. KENT & MCBRIDE, P.C. BY: - COU Y M. CALABRESE DATE: f ?? I RLED--C'FrICF OF THE f'Fj7r:' ?,'?TAf?Y 2009 AUG 17 PM 3: 4 9 CUM' "r} ?jP 31Lv, '? J O S OCT 16 2009 & KENT & MCBRIDE, P.C. BY: ERNEST F. KOSCHINEG, ESQUIRE KELLY C. SCHEESE, ESQUIRE IDENTIFICATION NO:83350/ 94172 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 ATTORNEY FOR DEFENDANT, TRAVELERS SECURITY INSURANCE COMPANY NAJWA KASSEM COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW nnnn TRAVELERS PERSONAL SECURITY INSURANCE COMPANY NO.: 08-3742 Defendants. JURY TRIAL DEMANDED AGREED PROTECTIVE ORDER It is hereby stipulated between Plaintiff, Najwa Kassem and Defendant, Travelers Personal Security Insurance Company (collectively, the "Parties") and ordered by the Court that the following procedures shall govern the production of claims and/or insurance adjustment manuals in the above-styled cause: Purpose and Scope 1. Plaintiff has requested discovery regarding Travelers Personal Security Insurance Company's insurance adjustment manual and/or claims manual in effect from October 9, 2006 to the present, and used to adjust Plainitff's claim. Production of documents responsive to these discovery requests involve disclosure of confidential and/or proprietary information. This protective order (the "Order") therefore is entered to protect against unauthorized disclosure of such information and to ensure that such information will be used only for purposes of this action. The Order shall govern the documents produced in response to said requests for production or voluntary production of documents, including by not limited to all copies, excerpts, and summaries therefor or materials derived therefrom (collectively, "the Requested Documents"). Applicability 2. The provisions of the Order shall apply to the parties presently named or later joined in this action, including, in the case of parties other than individuals, their officers, directors, employees and agents. Designation of Materials 3. Travelers will designate the Requested Documents produced as "Confidential" at the time of its production by marking any originals or copies of the documents or other tangible materials with the legend "Confidential" at the time of their production. Whether such designations shall remain on the documents at the time they are introduced at trial shall be determined by the Court. Disclosure 4. Except with the prior consent of Travelers Personal Security Insurance Company or upon prior order of a court of competent jurisdiction, the Confidential Requested Documents shall not be disclosed except in accordance with the terms, conditions, and restrictions of the Order. Plaintiff shall not, except with the prior consent of Travelers Personal Security Insurance Company or by order to the Court, use the Confidential Requested Documents for any purpose, including, without limitation, any business or commercial purpose, other than for the purpose of preparing for and conducting the litigation of this action and any appellate proceedings in this action, and disclosure of the Confidential Requested Documents shall be limited to the extent reasonably necessary for the prosecution, defense, and/or appeal of this action. Requested Documents Designated as "Confidential" To the extent reasonably necessary for the prosecution, defense, and/or appeal of this action, the Confidential Requested Documents may be disclosed to: The Court and/or the mediator, persons employed by the Court and/or the mediator, and stenographers transcribing the testimony or argument at a hearing, trial, or deposition in this action or any appeal therefrom; (a) Counsel for the parties in this action, associates, legal assistants, paralegals, secretarial and clerical employees, and outside copy services, litigation, consulting services, document management services and graphic services that are assisting counsel in the prosecution, defense and/or appeal of this action; (b) Experts, consultants and/or investigators retained, employed, or informally consulted by counsel in connection with the prosecution, defense, and/or appeal of this action, including their secretarial and clerical employees who are assisting in the prosecution, defense and/or appeal of this action; (c) Experts, consultants and/or investigators retained, employed, or informally consulted by counsel in connection with the prosecution, defense, and/or appeal of this action, including their secretarial and clerical employees who are assisting in the prosecution, defense and/or appeal of this action; and, (d) The parties and the officers and employees of any party solely for the purpose of prosecuting, defending and/or appealing this litigation. Statements 6. With respect to the individuals identified in paragraph 6(c) with whom Plaintiff consults and gives access to the Confidential Requested Documents, Plaintiff shall, prior to giving said individual access to such material, inform the individual of the provisions of the Order, provide the individual with a copy of the Order, and have the individual execute a written agreement indicating that he/she has read the Order and will abide by its terms in the form of Exhibit A attached hereto. The original of such written agreement shall be retained by Plaintiff' counsel until the conclusion of this action, including all appeals. Nothing herein shall require a party to disclose the identity of any person who has been retained as an investigator or otherwise as a consultant. Return of Discovery Material 7. All provisions of this Order shall continue to be binding after the conclusion of this action, including all appeals, until further order of the Court, unless the parties agree otherwise in writing. Any and all originals and copies of the Confidential Requested Documents shall, at the written request and expense of Travelers Personal Security Insurance Company, be (1) destroyed, or (2) returned to Travelers Personal Security Insurance Company within sixty (60) days after a final, non-appealable judgment herein or settlement of this action. When documents are destroyed or returned at the request of Travelers Personal Security Insurance Company, Plaintiff or their counsel shall within thirty (30) days after such request, certify in writing that all such documents have been destroyed or returned. No Waiver 8 The taking of any action in accordance with the provisions of this Order shall . not be construed as a waiver of any claim or defense in this action. Nothing herein shall be construed to affect in any way the admissibility of any document, testimony, or other evidence at trial of this action. Nothing contained in the Order or any declaration of confidentiality or restriction hereunder shall be used or characterized by any party as an "admission" by a party opponent. Further Motions Not Precluded 9. Entry of the Order shall be without prejudice to any motion for relief from the . provisions hereof or to any motion for further restriction on the production, exchange, or use of the Confidential Requested Documents in the course of this action; provided, however, that no such motion shall be made after the entry of a final judgment or settlement. Continuing Jurisdiction 10. The Court retains jurisdiction subject to settlement or entry of judgment to . enforce the terms of the Order. SIGNED on this A day of G tf , 2009. Juk. M JUDGE PRESIDING F THE P n,T -!nr,0TARY 2009 NOY -2 PM 12: 20 CUME l j ? 11 ? oq - gs ,.?? ter.. &44,/ AGREED: Michael Kosik` -f Angino & Rower, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 ATTORNEY FOR PLAINTIFF Najwa Kassem C Ernest F. oschineg and Kelly C. cheese Kent & Mc Bride, P.C. 1617 J.F. Kennedy Blvd, Suite 1200 Philadelphia, PA 19103 (215) 568-1800 (215) 568-1830 ATTORNEYS FOR DEFENDANT TRAVELERS PERSONAL SECURITY INSURANCE COMPANY KENT & MCBRIDE, P.C. BY: ERNEST F. KOSCHINEG, ESQUIRE Kelly S. Scheese, ESQUIRE IDENTIFICATION NO:83350/ 200269 1617 JFK BOULEVARD SUITE 1200 PHILADELPHIA, PA 19103 (215)568-1800 FILE NO: 024-62033 NAJWA KASSEM Plaintiff, PENNSYLVANIA VS. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendants. ATTORNEY FOR DEFENDANT, Travelers Security Insurance Co. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO.: 08-3742 JURY TRIAL DEMANDED EXHIBIT A I, do hereby acknowledge that I have received and read a copy of the attached Agreed Protective Order, and I agree to be bound by the terms of the Order. DATED this day of , 2009. Relationship to this lawsuit: '?' ?"' ? '?aJ x k??,; (( } r: e r! 111 3:47 201011A1 -0 CU1Vi: ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com NAJWA KASSEM Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 08-3742 : JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued. P.C. ?eficFiael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 515110 387917 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Courtney M. Calabrese, Esquire Kelly Scheese, Esquire KENT & MCBRIDE, P.C. 1617 John F. Kennedy Blvd., Ste. 1200 Philadelphia, PA 19103 Michelle M. Milojevich Dated: 5/5/10 387917 a ~~ c_: i _~ c; ~ Q s.N ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire L Attorney ID# :36513 ~ ~ 4503 North Front Street - ~ ~ Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com NAJWA ICASSEM IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 08-3742 TRAVELERS PERSONAL SECURITY INSURANCE COMPANY Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT TRAVELERS PERSONAL SECURITY INSURANCE COMPANY AND NOW come the Plaintiff, Najwa ICassem, by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 1. Denied. This averment is a conclusion of law to which. no responsive pleading is required. To the extent that a response may be may be deemed proper, it is specifically denied that Plaintiff's Complaint fails to state a claim against the Defendant, Travelers Personal Security Insurance Company. To the contrary, Plaintiffs Complaint sets forth a cause of action for breach of contract based upon the Defendant's failure to pay Plaintiff s reasonable and necessary medical expenses pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et. sec .. and Plaintiff's insurance policy with the Defendant. 446841 2. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffl s claims are barred by the statute of limitations or laches. As stated in Plaintiff s Complaint, Plaintiff Najwa Kassem was injured in a motor vehicle accident on October 9, 2006. Since that time, she has been receiving periodic medical treatment which Defendant did initially pay. Section 1721 of the Pennsylvania Motor Vehicle Financial Responsibility Law provides that if first-party benefits have been paid, an action for further benefits shall be commenced within four years from the date of the last payment. Plaintiff Najwa Kassem has instituted suit within four yeass of the date of her accident after which Defendant had made payment of medical expenses and therefore her claim is cleazly timely. Plaintiff maintains that the benefits which have not been paid and for which suit was instituted were incurred in March 2010 and, therefore, only a few months have passed since the expense has been incurred and submitted to the Defendants Travelers Personal Security Insurance Company for which denial has wrongfully been made by the Defendant. 3. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response maybe deemed proper, it is specifically denied that Plaintiff has improperly served Defendant. As stated in Plaintiff s Complaint, Defendant Travelers Personal Security Insurance Company is a Connecticut Corporation-who has corporate offices in Hartford, Connecticut and regulazly does business in Dauphin County, Pennsylvania. As such, Plaintiff was permitted to serve Defendant via Certified Mail which was accomplished on June 25, 2010, three days after Plaintiffs Complaint was filed in the Prothonotary's Office in Dauphin County, Pennsylvania. Contrary to Defendant's assertion, Plaintiff maintains that service was properly made on the Defendant pursuant to Pa.R.C.P. 403-405. 446841 4. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs claims are barred by the Doctrine of Waiver or Estoppel or that such defenses are applicable to Plaintiff's contract claim. 5. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff s claims are barred by the terms of an express release. Furthermore, Pennsylvania Rule of Civil Procedure 1019 provides that when a claim or defense is based upon an agreement or writing,. the pleadings shall state specifically if the agreement is oral or written and further provides that where a claim or defense is based upon a writing, a copy of the writing shall be attached to the pleading. Defendant has not attached any alleged express release nor has it indicated that it is written or oral and, therefore, it has failed to comply with the Pennsylvania Rule of Civil Procedure and therefore has not properly preserved this alleged defense. 6. Denied. This is aself-serving, bald allegation which is unsupported by any factual statements. To the extent that a response may be deemed necessary, it is specifically denied that the Defendant, Travelers Personal Security Insurance Company has fulfilled its duty or obligation to the Plaintiff: To the contrary, as stated in Plaintiff s Complaint, Defendant has failed to pay her medical expenses which are reasonable and necessary as a result of injuries sustained in a motor vehicle accident incurred while covered by the Defendant's insurance policy. Defendant has breached its contractual duty and obligation to the Plaintiff which is the basis of Plaintiff s Complaint against the Defendant. 7. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, Pennsylvania Rule of Civil 446841 Procedure 1019 provides that the material facts upon which a defense is based shall be stated in a concise and summary form. Defendant's attempted incorporation of the No-Fault Act and/or the Financial Responsibility Act (sic) does not place Plaintiff on notice which, if any, provisions of these statutes the Defendant may be relying upon and, therefore, does not adequately place Plaintiff on notice of any defenses. Furthermore, Plaintiff specifically denies that her claims are barred or limited by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law. 8. Denied. It is specifically denied that Plaintiff Najwa Kassem did not present her claim in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. To the contrary, Plaintiff completed an application for benefits and properly notified Defendant of her involvement in a motor vehicle accident. Subsequently, Plaintiff, through her medical providers, provided the Defendant with copies of her medical bills for treatment and adequate documentation to pay her medical expenses. Defendant is the one who failed to handle the claim in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law and improperly denied her claim. 9. Denied. It is specifically denied that Plaintiff Najwa Kassem's treatment which was submitted to the Defendant was not reasonable or necessary. Plaintiff's treating orthopedic physician prescribed a course of treatment for Plaintiff as a result of injuries she sustained in the motor vehicle accident .and supplied documentation and a repast confirming thzt the treatment was reasonable and necessary and causally related to the motor vehicle accident. 10. Denied. It is specifically denied that Defendant Travelers Personal Security Insurance Company does not owe benefits to the Plaintiff. To the contrary, it is averred that Defendant failed to properly deny her claim for further medical treatment and has no foundation 446841 for it's denial where Plaintiff has provided documentation confirming the treatment was reasonable, necessary, and causally related to the motor vehicle accident. 11. Denied. It is specifically denied that Plaintiff has failed to fulfill any alleged statutory pbligations precedent to the payment of benefits applicable to her insurance policy. It is further d Ienied that there are any alleged statutory obligations which Plaintiff must fulfill before submitting her claim for benefits. Plaintiff Najwa Kassem had a policy of insurance with the Defendant Travelers Personal Security Insurance Company which was governed by the provisions of the Pennsylvania Motor Vehicle Financial .Responsibility Law. Plaintiff Najwa Kassem, under the terms of her policy and the provisions of the Pennsylvania Motor Vehicle. Financial Responsibility Law, notified Defendant of her involvement in the motor vehicle accident and completed an application for benefits. To Plaintiff's knowledge, all of her health care providers have continued to supply to the Defendant copies of her medical bills and medical records supporting that her condition is causally related to the motor vehicle accident and that the treatment was reasonable and necessary to treat her for injuries directly related to the motor vehicle accident. 12. Denied. It is specifically denied that Plaintiff is not an eligible claimant under the applicable policy of insurance. To the contrary, pursuant to the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law, specified in § 1713, as well as Defendant Travelers Personal Security Insurance Company's oven policy, Plaintiff is an eligible claimant and is the named insured on her policy, and Defendant's allegations to the contrary is improper. 13. Denied. It is specifically denied that Plaintiff is not an insured under the applicable policy of insurance. To the contrary, pursuant to the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law as well as Defendant Travelers Personal Security Insurance 446841 Company's own policy, Plaintiff was the named insured on her policy, and Defendant's allegations to the contrary is improper. 14. Denied. It is specifically denied that Plaintiff Najwa Kassem's injuries were unrelated to the motor vehicle accident of October 9, 2006. To the contrary, Plaintiff's treating orthopedic physician supplied bills, medical records, and a report which specifically and directly stated that Plaintiff's treatment was reasonable and necessary and directly related to the injuries sustained in the motor vehicle accident. 15. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant did not breach either its contractual obligation andlor its statutory obligation to the Plaintiff Najwa Kassem. Defendant's contract, as set forth in Plaintiff's Complaint, obligated it to pay all reasonable and necessary medical expenses that Plaintiff Najwa Kassem incurred as a result of injuries sustained in a motor vehicle accident consistent with the requirements of the Pennsylvania Motor Vehicle Financial Responsibility Law. As stated in Plaintiff s Complaint, Defendant's breached this contractual and statutory obligation. 16. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant Travelers Personal Security Insurance Company is not required to pav attorney's fees. Under the Pennsylvania Motor Vehicle Financial Responsibility Law, specifically § 1716, benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the amount of the benefits. Defendant received bills and medical records supporting the Plaintiffs medical treatment was accident-related and' failed to pay those bills. Under this section, Plaintiff is entitled 446841 to be paid interest at the rate of 12% per annum beginning 30 days after the bill became due as well as reasonable attorney's fees for actual time expended. 17. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant Travelers Personal Security Insurance Company fulfilled all of its duties and obligations whether arising under common law, statute, contract or otherwise. To the contrary, it is averred Defendant breached its duties and obligations set forth in its contractual policy with .the Plaintiff as well as provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as specifically set forth in Plaintiff's Complaint. 18. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant Travelers Personal Security Insurance Company did not breach any duties and obligations whether arising under common law, statute, contract or otherwise. To the contrary, it is averred Defendant breached its duties and obligations set forth in its contractual policy with the Plaintiff as well as provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as specifically set forth in Plaintiff s Complaint. 19. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Defendant complied with the applicable law and regulations developed by the Insurance Department concerning the Pennsylvania Motor Vehicle Financial Responsibility Law. As previously stated, Plaintiff maintains that Defendant breached its obligation and duties under its contract as well as the Pennsylvania Motor Vehicle Financial Responsibility Law. 446841 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Plaintiff Najwa Kassem lacks standing to assert the cause of action stated in her complaint. To the contrary, Plaintiff is the named insured under her policy with Travelers Personal Security Insurance Company, and therefore, may assert a cause of action for breach of contract and violation of the Pennsylvania Motor Vehicle Financial Responsibility Law as she did in her Complaint against the Defendant. WHEREFORE, PlaintiffNajwa Kassem respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. AN O R, P.C. t .~ lchael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Counsel for Plaintiff 446841 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF DAUPHIN AFFIDAVIT I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and the facts set forth in the foregoing Reply to New Matter, aze true and correct to the best of my knowledge, information, and belief. E. Sworn to and subscribed before me thisf~~ day of ~ ~u S./~ , 2010. (~C~ Notary Pub ' My Commission Expires: ~~~ ~s 1A~ ,WMtOM 1t,~li~.i.fi~~t ~ 9MeTasl~rt? ~It/U~ iE'ti-~1 'r?Ml~t~w ~ ~ A-iNll~x1'~lti~z~P F.r~s Qr uM s+r+w~a3 ao~sr~m:~~ ~~ C TIFICATE OF SERVICE AND NOW, this, day of August 2010 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Damian Sammons, Esquire Kent & McBride, P.C. 1617 John F. Kennedy Blvd., Ste. 1200 Philadelphia, PA 19103 (215) 568-1800 Attorney for Defendant Michelle M. Milojevi h 446841383928