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HomeMy WebLinkAbout08-5253ANGINO & 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. SHAWN CAULFIELD, Defendant CIVIL ACTION - LAW NO. pg - S2S3 Civ t t Tim : 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 390032 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuis de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 390032 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. SHAWN CAULFIELD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 57;-S 3 Gl ?i 1 ?un? 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 17050. 2. Defendant Shawn Caulfield is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 928 Shiremont Drive, Mechanicsburg, Cumberland County, PA 17050. 3. The facts and occurrences hereinafter related took place on October 9, 2006, on the entrance ramp to Route 15 North at Gettysburg Pike West in Lower Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Najwa Kassem was merging her car from the entrance ramp to Route 15 North. 5. At that time and place, Plaintiff Najwa Kassem was required to yield and stop for traffic on Route 15 North. 6. At that time and place, Defendant Shawn Caulfield was operating his vehicle directly behind Plaintiff's car. 390032 7. At that time and place, Defendant Shawn Caulfield failed to pay attention to the traffic on the highway as well as ahead of him, and suddenly and without warning, violently slammed into the rear of PlaintiffNajwa Kassem's car. 8. At that time and place, a violent collision occurred between the front portion of Defendant Shawn Caulfield's vehicle and the rear portion of Plaintiff Najwa Kassem's car. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Najwa Kassem is the direct and proximate result of the negligent, careless and reckless manner in which Defendant Shawn Caulfield operated his vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to stop and yield to traffic; (d) failure to travel at a safe speed; (e) failure to apply his brakes in sufficient time to avoid striking the rear of the Kassem vehicle; (f) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (g) failure to keep proper and adequate control over his vehicle; and (h) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. Plaintiff Najwa Kassem sustained painful and severe injuries which include but are not limited to a concussion, neck pain, back pain, left knee pain and shock to her nervous system. 390032 11. By reason of the aforesaid injuries, Plaintiff Najwa Kassem was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Najwa Kassem has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Najwa Kassem has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. Plaintiff Najwa Kassem continues to be plagued by persistent pain and limitations and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Najwa Kassem has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of aforesaid injuries, Plaintiff Najwa Kassem has sustained uncompensated work loss, and claim is made therefor. WHEREFORE, Plaintiff Najwa Kassem demand judgement against Defendant Shawn Caulfield in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest 390032 and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 390032 I.D. No. 36513 4503 N. Front Street 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 subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. N A KA EM Dated: Z G N f„J r_:?y fl1 r`"?? x'03 ? -r ixx i ?7 ?-?« - 7 _ i' ?. ? ;: ? . 1? 4 ,? :`l7 C'r.> "` r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, CIVIL DIVISION Plaintiff, NO. 08 - 5253 v. PRAECIPE FOR APPEARANCE SHAWN CAULFIELD, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16576 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, CIVIL DIVISION Plaintiff, V. NO. 08 - 5253 SHAWN CAULFIELD, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Shawn Caulfield, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P By: vin`D.-R*jch, Esgai unsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19TH day of September, 2008. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: r,D.`RaVch, Esqui sel for Defendant n "?' ? Ca -n ? r? ? ? ? , i.... 4._. "# L_J :. ?._? . ?.? . ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KASSEM NAJWA VS CAULFIELD SHAWN KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAULFIELD SHAWN the DEFENDANT , at 1937:00 HOURS, on the 16th day of September, 2008 at 928 SHIREMONT DRIVE MECHANICSBURG, PA 17050 SHAWN CAULFIELD by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge i v/p)lv r 18.00 14.00 .59 10.00 .00 42.59 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 09/17/2008 ANGINO & ROVNE By: day A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, Plaintiff, V. NO. 08 - 5253 CIVIL DIVISION ANSWER AND NEW MATTER SHAWN CAULFIELD, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, (L ?? GUTHRIE and SKEEL, L.L.P. Summers, Mc onnell, Hudock, Firm #911 Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, CIVIL DIVISION Plaintiff, V. NO. 08 - 5253 SHAWN CAULFIELD, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Shawn Caulfield, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. It is admitted that the Defendant was negligent in the operation of his vehicle on the date of the accident. The remaining allegations are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. It is admitted that a collision occurred between the parties at said time and place. The remaining averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Shawn Caulfield, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 17. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 18. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 19. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 20. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Shawn Caulfield, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 1,12190t #16576 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of (Q-4tkeg,, , 2008. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ?? ZE 1 Kevin D. Rauch, Esquire Counsel for Defendant r".> N13 ?7 t`t, ti _ r 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, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SHAWN CAULFIELD, Defendant CIVIL ACTION - LAW NO. 08-5253 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 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: 17. Denied. This averment is a conclusion of law to which no responsive pleading is required. By way of further response, Plaintiff maintains that Pennsylvania Rule of Civil Procedure 1019(a) 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 whole of the Pennsylvania Motor Vehicle Financial Responsibility Law does not in any way place Plaintiff on notice which, if any, defenses may be asserted based upon this statute and therefore it is denied. The Defendant's incorporation of this statute does not place Plaintiff on notice of any affirmative defenses. 395339 18. 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 Pennsylvania Motor Vehicle Financial Responsibility Law in any way limits Plaintiff's economic damages as set forth in Plaintiff's Complaint or that the Defendant may take advantage of any collateral source in order to defeat Plaintiff Najwa Kassem's right to recover for her economic losses. To the extent a fin-ther answer is required, it is specifically denied that Plaintiff's Complaint seeks to recover for any economic losses which are prohibited by the Pennsylvania Motor Vehicle Financial Responsibility Law and therefore, it is averred that Plaintiff's Complaint only seeks to recover for economic and non-economic losses permitted by the Pennsylvania Motor Vehicle Financial Responsibility Law. 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 Plaintiff Najwa Kassem had selected the limited tort option on her Pennsylvania Motor Vehicle Financial Responsibility Law policy. To the contrary, Plaintiff Najwa Kassem had selected the full tort option and therefore is entitled to recover for both economic and non-economic losses as a result of the motor vehicle accident. 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 Plaintiff's claim is barred either completely or partially by any statute of limitations. Plaintiff's cause of action arose as a result of a motor vehicle accident which occurred on October 9, 2006. Plaintiff's Complaint was filed in Cumberland County on September 3, 2008 and served on the Defendant on September 16, 2008 both of which occurred prior to the two-year anniversary of the accident and the applicable statute of limitations contained in 42 Pa.C.S.A. §5524 which provides 395339 for a two-year statute of limitations in all actions to recover damages for injuries to person caused by the wrongful act or negligence or unlawful violence or negligence of another. WHEREFORE, Plaintiff Najwa Kassem respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. AN ER, P.C. ichael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 395339 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. 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 that the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information and belief. Sworn to and subscribed before me this / -day of 2008. Notary Public My Commission Expires: NOTARIAL SEAT SUSAN HEPP, NOTARY PUKIC [-- CM OF HARRISBURG, DAUPHIN COUNTY OMMISSION QMR 2 1 Michael E. Kosik 395339 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 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin D. Rauch Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Michelle M. Milojevich Dated: 10/15/08 395339 C77 i 5 y M1` EIS y Y { rn f N2 "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, CIVIL DIVISION Plaintiff, NO. 08 - 5253 V. MOTION TO COMPEL EXECUTED SHAWN CAULFIELD, AUTHORIZATION FOR RELEASE OF Defendant. PLAINTIFF'S TAX RETURNS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, Plaintiff, CIVIL DIVISION V. SHAWN CAULFIELD, Defendant. NO. 08 - 5253 (Jury Trial Demanded) MOTION TO COMPEL EXECUTED AUTHORIZATION FOR RELEASE OF PLAINTIFF'S TAX RETURNS AND NOW, comes the Defendant, Shawn Caulfield, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Executed Authorization For Release of Plaintiff's Tax Returns, and in support thereof avers as follows: 1. Defense counsel certifies that he has sought the concurrence of Plaintiff's counsel to this Motion. Plaintiffs counsel does not concur. 2. No judge has had any previous involvement with this case. 3. This matter arises out of a motor vehicle accident between the parties that occurred on October 9, 2006. 4. As a result of the accident, the Plaintiff makes a claim for wage loss and loss of earning capacity. (See Paragraph 15 of the Complaint. A true and correct copy of the Complaint is attached hereto as Exhibit "A"). 5. As such, the Plaintiffs earnings history is directly at issue in this case. 6. It has been Defense counsel's experience that the Internal Revenue Service ("IRS") does not honor subpoenas. 7. On November 13, 2008, Defense counsel forwarded the Plaintiff an authorization for release of her tax returns for the years 2000 through 2007 from the IRS. (A true and correct copy of said letter is attached hereto as Exhibit "B"). 8. Plaintiff never signed the authorization, and indicated she was unsure whether she would continue to pursue the wage loss and loss of earning capacity claims. (A true and correct copy of a letter from Plaintiffs counsel indicating the same is attached hereto as Exhibit "C"). 9. The IRS began using a new authorization for release of tax returns. 10. On January 16, 2009, Defense counsel forwarded the Plaintiff the new authorization release of her tax returns for the years 2000 through 2007 from the IRS. (A true and correct copy of said letter is attached hereto as Exhibit "D"). 11. Plaintiff never signed the authorization and indicated she was still unsure whether she will continue to pursue the wage loss and loss of earning capacity claims. (A true and correct copy of a letter from Plaintiffs counsel indicating the same is attached hereto as Exhibit "E") 12. Despite the Plaintiffs uncertainty as to whether she will pursue a wage loss and loss of earning capacity claim, these claims are currently pending against the Defendant. 13. As such, the Plaintiffs earnings history is currently reasonably calculated to lead to the discovery of admissible evidence. WHEREFORE, Defendant, Shawn Caulfield, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with an executed authorization for release of her tax returns for the years 2000 through 2007. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. %Q yam' l ?? ?? Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, Plaintiff, CIVIL DIVISION V. SHAWN CAULFIELD, Defendant. NO. 08 - 5253 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of 2009, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff, Najwa Kassem, is directed to provide Defendant with an executed authorization for release of her tax returns for the years 2000 through 2007 from the Internal Revenue Service, or suffer additional sanctions as the court sees fit. J. Distribution List: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Fax: 717-920-9129 Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Fax: 717-238-5610 ANGM & ROYNER, P.C. Michael E. Kosik, Esquire Attorney IDM : 36513 4503 North Front Street Hsrrialw& PA 17110-1708 (717) 238.6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkos&@angino-rovner.com NAJWA KASSEM, V. Plaintiff SHAWN CAULFIELD, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (fig - S2 j.; Civ It Term JURY TRIAL DEMANDED NOTICE TO DEFEND You have boon sued in court. If you wish to defahd against the claims set forth in the fooo*ing pages, you must take action witbia twenty (20) days aft this Complaint and Notice are served, by entering a written appesanc e 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 do if you fail to do so fire case may proceed without you and judgment may be soared against you by the Coat without fizdw notice for any money claimed in the Complaint or far any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 390032 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted dews defenderse de las demandas que se peiseutan mis adelante en las siguientes piginas, debe toam acci6n dentro de los pr6ximos veft to (20) dies despu6s de la notificaci6n de esta Demands y Aviso radicando personairmte o por medio de un abogedo ma eonparecencia escrita y radicando en In Corte por esc Tito sus defenses de, y objecciones a, Ins deamdas presentadas aqua en contra suya. Se le advierte de que si usted folk de tonm acci6n como se describe anteriormente, el trio puede proceder sin usted y un fallo por eualquier sums de dinero reckmada on Is demanda o cualquier otm rec jamscibn o remedio solicitado por el danandmw puede ser dictedo an contra soya por In Corte sin mis aviso adicidnal. Used puede perder dinero o propiedad u otros derec bm importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAWNTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOME AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 390032 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire; Attorney IDk : 36513 4503 Nordi Front Street Htatrgbnrd, PA 17110.1708 (717) 234.6791 FAX (717) 238-5610 Attorneys for Plaintiil(s) E-mail: mkosrt@anghw-mvner.com NAJWA KASSEM, Plaintiff V. SHAWN CAULFIELD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. p S'- S2S 3 c1 ? 1 ?un? 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 17050. 2. Defendant Shawn Caulfield is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 928 Shiremont Drive, Mechanicsburg, Cumberland County, PA 17050. 3. The facts and occurrences hereinafter related took place on October 9, 2006, on the entrance ramp to Route 15 North at Gettysburg Pike West in Lower Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Najwa Kassem was merging her car from the entrance ramp to Route 15 North. 5. At that time and place, Plaintiff Najwa Kassem was required to yield and stop for traffic on Route 15 North. 6. At that time and place, Defendant Shawn Caulfield was operating his vehicle directly behind Plaintiff s car. 390032 7. At that time and place, Defendant Shawn Caulfield failed to pay attention to the traffic on the highway as well as ahead of him, and suddenly and without warning, violently slammed into the rear of Plaintiff Najwa Kassem's car. 8. At that time and place, a violent collision occurred between the front portion of Defendant Shawn Caulfield's vehicle and the rear portion of Plaintiff Najwa Kassem's car. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Najwa Kassem is the direct and proximate result of the negligent, careless and reckless manner in which Defendant Shawn Caulfield operated his vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to stop and yield to traffic; (d) failure to travel at a safe speed; (e) failure to apply his brakes in sufficient time to avoid striking the rear of the Kassem vehicle; (f) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (g) failure to keep proper and adequate control over his vehicle; and (h) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. Plaintiff Najwa Kassem sustained painful and severe injuries which include but are not limited to a concussion, neck pain, back pain, left knee pain and shock to her nervous system. 390032 11. By reason of the aforesaid injuries, Plaintiff Najwa Kassem was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Najwa Kassem has been advised and, therefore, avers that she may be forced to incur similar expenses in the finure, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Najwa Kasseem has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. Plaintiff Najwa Kassem continues to be plagued by persistent pain and limitations and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Najwa Kassem has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of aforesaid injuries, Plaintiff Najwa Kassem has sustained uncompensated work loss, and claim is made therefor. WHEREFORE, Plaintiff Najwa Kassem demand judgement against Defendant Shawn Caulfield in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest 390032 and costs and in excess of any jurisdictional amount requiring compulsory arbitration. AN R, P.C. icharKosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 390032 Wi? 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 lmowledge, 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. Dated: -? z 4 G F_ 4NA KA EM November 13, 2008 Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 RE: Kassem v. Caulfield Our File No. 16576 Dear Mr. Kosik: Enclosed please find an authorization for release of your client's tax returns from 2000 through 2007. Kindly have your client execute this authorization and return it to my office so that we may move this matter forward. I will provide you a copy of any records obtained pursuant to the same upon my receipt. Please note that the IRS does not honor subpoenas. Should you have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Erick V. Violago EVV:kan Enclosure ANGINO & RoVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/2386791 FAX 717/2385610 W W W.ANGINO•ROVNER.COM E-MAIL: MKOSIK@ANGINO•ROVNER.COM Erick V. Violago, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Murrrla Road Lemoyne, PA 17043 Re: Kassem v. Caulfield Dear Erick: RICHARD C. ANGINO NEIL J. ROWER JOSEPH M. MELILLO DAVID L. Lvrz December 19, 2008 ks -/6 MICHAEL E. KOSIK RICHARD A. SADLOCK LISA M. B. WOODBURN DARYL L CHRISTOPHER I recently had a call from my client, and she realized that she would not be able to pursue a claim for lost wages if she ultimately has surgery as a result of her neck injury. I explained to her that that was correct, and she is reconsidering but she is supposed to let me know hopefully within the next week or two about the work loss claim. If she does change her mind, obviously, I will provide you with her income tax returns and answer the questions directed to this issue. At this time, she is still leaning towards not presenting a claim, and I will be happy to prepare a Stipulation as soon as I hear back from her. MEK/mmm ic;hael F._ Kosik 400559 January 16, 2009 Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 RE: Kassem v. Caulfield Our File No. 16576 Dear Mr. Kosik: Please be advised that I have been authorized to extend an offer in the amount of $5,000 to settle this case in full. Kindly consult with your client and inform me of her response. Additionally, as discussed with your legal assistant, I have been instructed to defend the wage loss and loss of earning capacity claim until your client enters into a Stipulation agreeing to strike the same. It has come to my attention that the IRS now uses a different authorization than the one previously forwarded to your office. As such, I have enclosed the new authorization for release of your client's tax returns. Kindly have your client execute this authorization and return it to my office so that we may move this matter forward. I will provide you a copy of any records obtained pursuant to the same upon my receipt. Should you have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Erick V. Violago EVV:kan Enclosure ANGINO & RoVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/2386791 FAX 717/238.5610 V VW.ANGINO•ROVNER.COM EMAIL MKOSIK@ANGINO-ROVNER.COM January 29 2009 Erick V. Violago, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Re: Kassem v. Caulfield Dear Erick: r 1 ? ? /, RICHARD C. ANGINO MICHAEL E. Kosm NEIL. J. ROWER RICHARD A. SADLOCK JosEPH M. MEUu.o LISA M. B. WoODBuRN DAVID L. LUTE DARn E. CHRISTOPHER I am in receipt of your letter of January 23, 2009 which I believe followed a telephone call to my paralegal, Tara. I have advised the client that you are requesting a decision now concerning her intention to pursue a wage loss claim, and I will try and have an answer for you within the next 10 days as to her intention. If she wishes to pursue the claim, I will either obtain her income tax records or an authorization permitting you or my office to obtain copies of those records. As soon as I hear from her, I will be back in touch with you. Thank you, again, for continuing to provide me with copies of records you receive in response to your subpoenas. MEK/mmm E. Kosik . .17.'' nod 403135 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL EXECUTED AUTHORIZATION FOR RELEASE OF PLAINTIFF'S TAX RETURNS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this if day of _-eB?UA2009. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Ce-vv Kevin D. Rauch, Esquire Counsel for Defendant s F s-rA r ? NAJWA KASSEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN CAULFIELD : NO. 2008-5253 CIVIL TERM ORDER OF COURT AND NOW, this 2ND day of MARCH, 2009, a Rule is issued upon Plaintiff to Show Cause why she should not be compelled to sign an authorization for the release of her tax returns. Rule returnable twenty (20) days after service upon counsel for Plaintiff. V "Michael E. Kosik, Esquire -Kevin D. Rauch, Esquire :sld CT 62-s /Y%Z? t Edward E. Guido, J. t i 7 8q -C lk!? Z- M60OZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, CIVIL DIVISION Plaintiff, NO. 08 - 5253 V. PRAECIPE TO WITHDRAW SHAWN CAULFIELD, DEFENDANT'S MOTION TO COMPEL Defendant. EXECUTED AUTHORIZATION FOR RELEASE OF PLAINTIFF'S TAX RETURNS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, CIVIL DIVISION Plaintiff, V. NO. 08 - 5253 SHAWN CAULFIELD, (Jury Trial Demanded) Defendant. TO: THE PROTHONOTARY Kindly withdraw Defendant's Motion to Compel Executed Authorization for Release of Plaintiffs Tax Returns in the above-captioned case. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL EXECUTED AUTHORIZATION FOR RELEASE OF PLAINTIFF'S TAX RETURNS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this J day of M Q AC's \ , 2009. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: CL I Kevin D. Rauch, Esquire Counsel for Defendant c.-a 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, V. Plaintiff SHAWN CAULFIELD, Defendant IN THE COURT OF COMMON PLEAS _ CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-5253 JURY TRIAL DEMANDED STIPULATION AND NOW, come the parties by and through their respective counsel and hereby agree that Paragraphs 15 and 16 of the Complaint are hereby stricken. P.C. :el E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP Kevin D. Rauch, Esquire I.D. No. 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant Dated: 3 ? /,..? 400115 r ? ?,".;' ' ? ?? ? ?? .? 4 C THE PRO IHO'q R MID DEC 15 pN t: tin ''UMBEBLANG COUNT, DENNSYLVANI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, CIVIL DIVISION Plaintiff, NO. 08 - 5253 V. STIPULATION SHAWN CAULFIELD, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16576 % • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, Plaintiff, CIVIL DIVISION V. SHAWN CAULFIELD, Defendant. NO. 08 - 5253 (Jury Trial Demanded) STIPULATION AND NOW, comes the Defendant, Shawn Caulfield, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. and Kevin D. Rauch, Esquire, and files the following Stipulation: The undersigned parties hereby Stipulate and Agree that the Plaintiff will not make a claim for the following at the time of trial: 1. Lost wages; 2. Impairment of future earning capacity; and 3. Unpaid medical expenses. SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. ANGINO & ROVNER, P.C. 1KI-IL Kevin D. Rauch, Esquire Counsel for Defendant Mrchael E. Kosik, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing STIPULATION has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 14th day of December, 2010. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant c?+ ?T PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) NAJWA KASSEM Plaintiff V. SHAWN CAULFIELD Defendant (check one) (j Assumpsit () Trespass (X) Trespass (Motor Vehicle) () Other iE i si?T9 6 ^' E ? i a ???P l PRA 2;E The trial list will be called on 11 /8/2011. Trials commence on 12/5/2011. Pre-trials will beheld on 11/23/11 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 08-5253 Civil Indicate the attorney who will try case for the party who files this praecipe: Michael E. Kosik, Esquire, 4503 N. Front Street, Hbg. PA 17110 Indicate trial counsel for other parties if known: Seth T. Black, Esquire, Summers, McDonnell, Hudock, Guthrie & Skeel, LLP, 100 Sterling Parkway, Ste 301, Mechanicsburg, PA 17050 This case is ready for trial. Signe : Print Name: Michael E. Kosik Attorney for Plaintiff(s) Date: Qt`as• W a a it sstp 2-a coy-7 3 a C? NAJWA KASSEM, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHAWN CAULFIELD, C Q Defendant 08-5253 CIVIL TERM 7) 3 -; rn CO f V ?? IN RE: CASE STRICKEN FROM LIST K) S? h `7! ORDER OF COURT AND NOW, this 8th day of November, 2011u n ? consideration of the call of the civil trial list, and no person having appeared in court to call the above-captioned case for trial, it is stricken from the trial list. 'Michael E. Kosik, Esquire 4503 N. Front Street Harrisburg, PA 17110 For Plaintiff ,/Seth T. Black, Esquire 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 For Defendant Court Administrator -in ?Ie Ma, (ed WIS COP J'AA?a If O&V :mae By the Court, NAJWA KASSEM, :Plaintiff v SHAWN CAULFIELD, Defendant #4 IN THE COURT OF COMMON PLES3 W THE NINTH JUDICIAL DISTR `- m: •,, CIVIL ACTION - LAW NO. 08-5253 CIVIL TERM . [ CD r- ?w _ IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the jury deliberation room of Courtroom 6 in the above-captioned case on February 1, 2012. Present on behalf of the Plaintiff was Michael E. Kosik, Esquire. Present on behalf of Defendant was Matthew Ridley, Esquire. This is a personal injury-negligence action arising out of a car collision which occurred on October 9th, 2006, on the entrance ramp of Route 15 northbound in Lower Allen Township. The defense does not contest liability. The only remaining issue is the nature and extent of injuries and damages. Damages requested in the case are in the amount of $75,000 and include compensation for past noneconomic damages, including pain and suffering and loss of enjoyment of life that was sustained by the Plaintiff. This will be a jury trial in which, pursuant to an agreement of counsel, each side will have 4 peremptory challenges, for a total of 8 The estimated duration of trial is 1 1/2 days. Defense doctor is still to be deposed for DVD presentation. Plaintiff's doctor deposition DVD has been taken and is subject to some editing. Plaintiff's counsel has indicated scheduling concerns with respect to his availability the morning of Monday, February 13th, 2012. As indicated, he will be available no later than 1:00 p.m. on that day. If that issue is resolved or other issues should arise, counsel are advised to contact the Court Administrator to discuss those concerns. An initial day of trial is presently scheduled for February 13th, 2012, to begin at 12:30 p.m. Counsel have indicated that there are no other evidentiary issues anticipated other than in the DVDs. Prior to the commencement of trial suggested jury instructions are required to be submitted to the court. To the extent that any deposition testimony is to be shown or read to the jury and contains objections requiring rulings by the trial judge, counsel are directed to supply to the Court at least 3 days prior to the commencement of trial copies of the affected transcripts. The areas of objections being pursued shall be highlighted with a brief memoranda in support of the position on the objection. There are no pretrial motions currently pending. The Judge's knowledge of Dr. Prophet was raised without objection from either side as Dr. Prophet is not going to be called as a witness. Should this become an issue either counsel will need to raise it prior to trial. With respect to settlement negotiations, there have been some negotiations. Defense is offering $25,000. Plaintiff is asking $75,000. It does not appear at this time that the case will be resolved amicably. By the Court, ThomasIP1. Placey C.P.J. Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 For Plaintiff Matthew Ridley, Esquire 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 For. :Defendant Court Administrator mae NAJWA KASSEM, Plaintiff v. SHAWN CAULFIELD, Defendant 0W > IMP IN THE NINTH JUDICIAL DISTRICT COURT OF COMMON PLEAS CIVIL ACTION - LAW DOCKET NO: 08-5253 VERDICT SLIP 1. State the amount of damages, if any, that you find Plaintiff Najwa Kassem sustained as a result of Defendant Shawn Caulfield's negligence. a) Pain and suffering, loss of enjoyment of life, embarrassment and humiliation: /LqL?2- DATE $ C', Q O1. Oct !?12:41,-10-- tle_,e? FOREPERSON IGNATURE In the Court of Commons Pleas of Cumberland County, PA., NAJWA KASSEM Docket No. 2008-5253 Judge: PLACEY ---- V S ---- SHAWN CAUFIELD Attorney: MACE Attorney: 24 T_ I Ask + ? . Date: Q113h;z JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 11110MMOINNNII FEB13-82 HEMLER, STAN B 2 I11111MINMON11 FEB13-201 NEFF, EMMETT J 3 111111100001111 FEB13-236 PUTT, DIANE L 4 liiiniiwm? - 6 II11MINN A 8111 FEB13-180 WEEZORAK„ JR ROBERT J 7 II110MN NN1111 FEB13-138 FRITZ, ROSANNE 8 I1N movi1Nnin 9 111111101901MIll FEB13 19 - P 1 11 I11NI1111N?NIWININNI FEB13-167 FRAWLEY, MARLENE A 13 I11nN111nInNNIN?ll1 FEB13-181 MONROE, JOHN S 14 I11gINgllNgqlNnlll FEB13-109 WOLF, STACY J 15 1lNIlI1NNII?MNNNl1 - , 16 I11nNNNINNNI111N FEB13-255 WALTERS, KEVIN T 17 INI1Ng11N?nN?N11111 FEB13-279 CUMMINGS, MARTINA R 18 I11nIglNlNnllllllll FEB13-97 RUNKLE, JENNIFER L 19 IlIg11111INI1NNll1 FEB13-345 PARSONS, TANYA M 201NINNN1111NN11N? NIN1 ipEfi - , 21 I111N111n1MfI?INNIN111 P_Z 22 I11n1111nINIIINIIInN111 FEB13-294 S?MIERS, CARRIE d---? --?( .n. ` NAJWA KASSEM SHAWN CAUFIELD UR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-5253 Judge: PLACEY Attorney: Attorney: Date: ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 IINNINNNNINII FEB13-98 SNYDER, SUE A 24 1MNUNMMMII FEB13-80 LAW, NANCY L 25 IIIINNININNINII FEB13-12 NUNEZ, MELISSA A 26 IINNNNINININNII FEB13-125 SPEECE, JODI L 27 IIINNININ?IINNII FEB13-329 JOHNSEN, JASMINE J 28 ININNIINNINNNII FEB13-5 HAMILTON, ROGER L 29 IINNIINNININNN FEB13-323 HERB, JONATHAN G 30 IIIaINIMINNNNINII FEB13-198 GUTSHALL, BONNIE L 31 IIIANNINNNNII FEB13-87 DUFFY, VINCENT F 32 IINNNIINNIINNII FEB13-2 KUTULAKIS, JASON P 33 IIIYIINNINNININ FEB13-159 ROBINSON„ JR JOHN H 34 IIIINNNNIINNNIN FEB13-223 WISE, MICHAEL E 35 IIINNNNINNINNII FEB13-136 STANNERT, CAYCE A 36 37 38 n f Ueh;de 39 40 41 42 43 44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAJWA KASSEM, Plaintiff, V. SHAWN CAULFIELD, Defendant. CIVIL DIVISION NO. 08 - 5253 U1 (Jury Trial Demanded) PRAECIPE TO SATISFY AND DISCONTINUE TO: Prothonotary Please mark the above-referenced case as satisfied and discontinued, with prejudice. ANGINO & ROVNER, P.C. By: Michael E. Kosik, Esquire Counsel for Defendant