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HomeMy WebLinkAbout13-5135 Supreme Cougtbf- (Pennsylvania For Prothonot Use On Court'of Conmon.Pleas �' y: T� , I C V11;CoVer She t ST r Docket No: CUMBERLAND , County 13 - 51_3� &J The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S [I Complaint ED Writ of Summons E3 Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C NEDAL MORAD MICHAEL MAXWELL T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? 0 Yes ❑ No (check one) Qoutside arbitration limits O N Is this a Class Action Suit? ❑ Yes No Is this an MDJAppeal? Yes [@ No A Name of Plaintiff /Appellant's Attorney: Matthew L. Owens, Esquire El Check here if you have no attorney (are a Self - Represented [Pro Sej Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies El Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑x Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S ❑ Product Liability (does not include ❑ Employment Dispute: E mass tort) Discrimination rl Slander/Libel/ Defamation ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: ❑ Other: T I ❑ Other: O MASS TORT rl Asbestos N ❑ Tobacco Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS (] Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B © Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto Dental ❑ Partition ❑ Replevin ❑ Quiet Title El Other: El Legal E] Medical ❑Other: Other Professional: Updated 1/1/2011 Matthew L. Owens, Esquire OF THE PROTHN + - #` fi 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 2013 AUG 30 Pm 3 o (717) 909 -2500 Attorney ID 476080 CUMBERLAND PENNSYLVANIA NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 3 MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION- LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons against Michael Maxwell, Old Dominion Freight Line, Inc. and Old Dominion Freight. The Writ of Summons shall be issued and returned office for service. Date : Signature of Plaintiff's Cou Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717- 909 -2500 Attorney for Plaintiffs Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909 -2500 Attorney ID #76080 NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. j 3. ,s" /3j' e 4a ,,0 4 MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION- LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, WRIT OF SUMMONS TO: Michael Maxwell Old Dominion Freight Line, Inc. 4200 Larry Don Lane 300 Carolina Way Waco, TX 76708 Carlisle, PA 17015 Old Dominion Freight Old Dominion Freight Line, Inc. 300 Carolina Way 500 Old Dominion Way Carlisle, PA 17015 Thomasville, NC 27360 Old Dominion Freight 300 Carolina Way CarliSle,,PA 17015 YOU ARE THAT THE PLAINTIFFS, NEDAL MORAD AND ASHRAF MUSLEH HAVE COMMENCED A CIVIL ACTION AGAINST YOU Date: ' = " . Prothonotary Matthew L. Owens, Esquire ; !'Si t>TI'D N 0 TA rs , 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 2013 OCT -3 PH I: i+5 (717) 909-2500 �U�1t�CRL ,�iO COUNTY Attorney ID #76080 PENNSYLVANIA ANO NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs. • NO. 13-5135 Civil • MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION- LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, • To the Prothonotary: Please Reissue the Writ of Summons issued in the above referenced matt- . Ily Date: 2 4011111..- Matthew ens, Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 0 az4 04. /a)ct �II.�S� Qc 12_*- 9q62319 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tier of ariribe•i Jody S Smith Chief Deputy .? £ . Richard W Stewart Solicitor P-gi. .^_F THE t . I v S Y` yA E ' . a Nedal Morad Case Number vs. Old Dominion Freight Lines, Inc. (et al.) 2013-5135 SHERIFF'S RETURN OF SERVICE 10/17/2013 11:13 AM-Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Michael Butler-Assistant Terminal Manager, who accepted as"Adult Person in Charge"for Old D minion Freight Lines, Inc. at 300 Carolina Way, Middlesex Township, Carlisle, PA 17015. il- BRIAN GRZY •S , ry UTY 10/17/2013 11:13 AM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Michael Butler-Assistant Terminal Manager, who accepted as"Adult Person in Charge"for Old Dominion Freight at 300 Carolina Way, Middlesex Township, Carlisle, PA 17015. BRIAN GRZ =0 I PUTY SHERIFF COST: $51.24 SO ANSWERS, October 18, 2013 RONNY ANDERSON, SHERIFF tci C;aun;'_iSu:e ),th tei•aasefi.i'c. 10 FINEMAN KREKSTEfN & HARRIS, P.C. ?"II'i Pffly I PN 2: 23 By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 01"IBERLAND COUNTY Mellon Bank Center PENNSYLVANIA 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC, and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: I Kindly enter my appearance on behalf of the Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight in the above-captioned matter. JURY TRIAL DEMAND TO THE PROTHONOTARY: Demand is hereby made for a jury of twelve (12)people in the above-captioned matter. FINEMAN KREKSTEIN & HARRIS,P.C. By. JAY AXR#Y HA"S November 12, 2013 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight {00741018;v1} t FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 �-fi `1 f L { COU-,,17-Y Mellon Bank Center P'ER'MS YL VANiij� 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants : JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. FINEMAN KREKSTEIN & HARRIS, P.C. BY: JA ARRIS () November 13, 2013 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight RULE TO FILE COMPLAINT AND NOW, this �� day of , 2013, a Rule is hereby granted upon Plaintiffs to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. al -e�- Prothonotar {00741017;vI - Matthew L. Owens, Esquire i _+i. i`1 1;}r-• 2595 Interstate Drive, Suite 101 ,� Harrisburg,PA 17110 - ' �' i : 2 (717)909-2500 ""1 1? , COUNT V Attorney ID#76080 E S YL'/H NI A NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY,PENNSYLVANIA vs. : NO. 13-5135 Civil MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION- LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, • • • NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg,PA 17108 (800)692-7375 ADVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acciOn dentro de los prOximos veinte (20) dias despues de la notificaciOn 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 accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg, PA 17108 (800) 692-7375 Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID#76080 NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 13-5135 Civil MICHAEL MAXWELL and • OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION- LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, COMPLAINT AND NOW COMES, Plaintiffs,Nedal Morad and Ashraf Musleh, as husband and wife, by and through their attorney, Matthew L. Owens, Esquire and The Law Offices of Matthew L. Owens, Esq., LLC, who file the following Complaint: 1. Plaintiff,Nedal Morad, is an adult individual residing at 3502 Beech Run Ln, Mechanicsburg, PA, 17050. 2. Plaintiff, Ashraf Musleh, is an adult individual residing at 3502 Beech Run Ln, Mechanicsburg, PA, 17050. 3. Defendant, Old Dominion Freight Lines, Inc., is a corporation doing business in the state of Pennsylvania, with an address of 500 Old Dominion Way, Thomasville,NC 27360. 4. Defendant, Michael Maxwell, is an adult individual residing at 4200 Larry Don Ln, Waco, TX, 76708. 5. Defendant, Old Dominion Freight Lines, Inc., employed Michael Maxwell when the events giving rise to this action occurred. OPERATIVE FACTS 6. The facts and occurrences hereinafter related occurred on or about September 1, 2011 at Interstate 81, near mile marker 57.2. 7. At the aforesaid place, Plaintiff Nedal Morad was lawfully operating her vehicle. 8. Defendant was traveling at such a rate of speed that he was unable to stop his vehicle or take evasive action to avoid the Plaintiff 9. Defendant then struck the rear of the Plaintiff's vehicle. 10. As a result of the impact, Plaintiff Nedal Morad sustained serious injuries in the accident including but not limited to cervical and lumbar strain/sprain and limited range of motion. COUNT I NEDAL MORAD V MICHAEL MAXWELL, OLD DOMINION FREIGHT LINE,INC, AND OLD DOMINION FREIGHT NEGLIGENCE OF DEFENDANTS 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth fully at length hereto. 12. The aforesaid incident occurred as a result of and was proximately caused by the careless and negligent conduct of the Defendant Maxwell which consisted of the following: a. Failing to exercise the degree of care required under the circumstances; b. Failing to maintain a safe following distance; c. Failing to maintain a proper lookout; d. Failing to be highly vigilant; e. Failing to adhere to and comply with general state and local vehicle operating ordinances. 2 13. The aforesaid accident was a direct and proximate result of the negligence of Defendant Maxwell as he failed to maintain a safe speed, a safe following distance, and a proper lookout for other vehicles on the roadway. 14. As a result of the aforesaid conduct and breach of care of the Defendant, Plaintiff Nedal Morad sustained the injuries, losses, and damages which are more fully described above, without any negligence of Plaintiff Nedal Morad contributing thereto. 15. At all times, Plaintiff Nedal Morad acted with due care and was not liable for contributory or comparative negligence. 16. Defendant Old Dominion Freight Lines and Defendant Old Dominion Freight is vicariously liable for the underlying accident and Plaintiffs injuries and damages as Defendant Maxwell was operating a vehicle owned and maintained by Defendants Old Dominion Freight Lines, Inc., and Old Dominion Freight and was a permissive driver in the course and scope of his employment at the time the accident occurred. 17. Defendants Old Dominion Freight Lines, Inc., and Old Dominion Freight are liable and/or negligent vicariously as follows: a. Failing to exercise the degree of care required under the circumstances; b. Failing to properly train drivers, specifically Defendant Maxwell; c. Failing to monitor drivers behavior and driving habits, specifically Defendant Maxwell; d. Failing to properly screen and hire drivers, specifically Defendant Maxwell; and e. Failing to adhere to and comply with general state and local vehicle operating ordinances 3 18. As a result of the accident and the resulting injuries, the Plaintiff Nedal Morad incurred medical expenses in the treatment, medication, hospital treatment, and other miscellaneous expenses for her injuries, and will continue to incur medical expenses into the future for her injuries for which a claim is asserted to the extent recoverable. 19. As a result of the accident and resulting injuries, Plaintiff Nedal Morad sustained and will sustain losses for which the following are legally recoverable: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation and mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment/pleasures; e. Past and future loss of earnings/earnings capacity; f. Cervical strain/sprain; g. Lumbar strain/sparin; and h. Limited range of motion. 20. As a result of Defendant's negligence, Plaintiff Nedal Morad has suffered great bodily pain and suffering as well as mental anxiety and nervousness. 21. As a result of the aforesaid accident, Plaintiff Nedal Morad has sustained medical expenses as she was required to obtain medical treatment at and through Hershey medical Center and Select Physical Therapy 22. As a result of the aforesaid accident, Plaintiff Nedal Morad sustained past and future pain and suffering, loss of life's pleasures, inconvenience, lost wages, and loss of earnings and/or earning capacity. 4 23. As a result of the Defendant's negligence, Plaintiff Nedal Morad has suffered an interruption of her daily habits and pursuits to her great and permanent detriment and loss. WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendants in an amount in excess of the applicable arbitration limits, plus interest, costs, damages and other such relief this Honorable Court deems appropriate. COUNT II LOSS OF CONSORTIUM ASHRAF MESLEH V. V MICHAEL MAXWELL, OLD DOMINION FREIGHT LINE, INC,AND OLD DOMINION FREIGHT 24. Paragraphs 1 through 23 are incorporated herein by reference as if set forth fully at length hereto. 25. Plaintiff Ashraf Mesleh is currently, and was at the time of the negligence of the Defendants, the legal husband of the Plaintiff Nedal Morad. 26. Plaintiff Ashraf Mesleh, as a direct and proximate result of the Defendant's negligence suffered the loss of services, society, and conjugal affection of his spouse, Plaintiff Nedal Morad for which the following are legally recoverable: a. Loss of performance of marital services, b. Loss of love and affection, c. Loss of spousal enjoyment, and d. Loss of societal companionship. 5 WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendants in an amount in excess of the applicable arbitration limits, plus interest, costs, damages and other such relief this Honorable Court deems appropriate. Respectfully submit d, Date: i(1 2.7 Matthew L. Owens, Esquire Attorney for Plaintiffs 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 6 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. j,//;4/ ".-(0/ 41111iii Nedal Morad Ashraf Mesleh 1 Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717)909-2500 Attorney ID#76080 NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 13-5135 Civil • MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION-LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, • • • • CERTIFICATE OF SERVICE AND NOW, this ,� day of pre. , 2013, I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esq., LLC hereby certify that the Plaintiff's Complaint above-captioned was mailed by United States First Class mail, postage prepaid,to: Jay Barry Harris Fineman Krekstein& Harris Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 By: RMA_ Xr?/( Sunni Elmore Dated:1,a_/�? FINEMAN KREKSTEIN & HARRIS, P.C. C;C , i L By: JAY BARRY HARRIS, ESQUIRE 2 13 IDENTIFICATION NO. 33998 �:U$'E 3EjRLM` t D i;OLUN, {'Y Mellon Bank Center PENNSYLVANIA 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED PRAECIPE TO FILE NOTICE OF REMOVAL TO THE PROTHONOTARY: Please file the attached Notice of Removal, the original of which has been filed with the United States District Court for the Middle District of Pennsylvania. FINEMAN KREKSTEIN & HARRIS, P.C. BY: JAV4A�Y'rHAFJAS Tj December 17, 2013 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight {00753011;x1} JS 44 (Rev.09/I1) n V ft"WIM ' erg The.IS 4/(civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This forth, approved by the Judicird Conference of l to United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet, (.SHIT IArS%'1tl/(:7'/(hV.1'ONN/iX%'!'Alit:OF%%iIS/Y)RhfJ I. (a) PLAINTIFFS DEFENDANTS NEDAL MORAD and ASHRAF MUSLEH MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC. and OLD DOMINION FREIGHT (b) County of Residence of First I..,isted Plaintiff CUMBERLAND I County of Residence of First Listed Defendant TEXAS (ha'(Idl'l'lN(l,S.PLAINT11,7,-CASI,-S) (IN(I:S I'l,A1N771-7 (:ASESONI,Y) NOTE, IN LAND CONDEMNA'T'ION CASES,USE THE LOCATION OF THE TRACT OF LAND INVOLVED.. (C) Atton7cyS(!'liar Nacre,Arkhecc,<uu1 Telephone Nunrhe,) Attorneys(1/Known) Matthew L. Owens,'Esquire Jay Barry Harris, Esquire 2595 Interstate Drive, Suite 101, Harrisburg, PA 17110 1735 Market St.,Suite 600, Phila, PA 19103 215-893-9300 IT, BASIS OF JURISDICTION (111acean' " m One 13osOno) III. CITIZENSHIP OF PRINCIPAL PARTIES(mace(in-X"in One Box t),Nainri/j) fl"ar Urveraily Cases 0111)+) and One Box jiu•l-ejendcnrQ ❑I U S.Government ❑) Federal Question PTR DFF PTF DER I'laintifT ((/,S,Gevcrnmenr Not o fair)) Citizen orThis State ® I ❑ I Incorporated or Principal Place ❑ 4 ❑4 of Business In This State F-12 U.S.Govcnuncnl 04 Diversity Citizen of Another State ❑2. ® 2 Incorporated and Principal Place ❑ 5 S5 Defendant (lrxlicare CiFrecnslvp of Parties in/tern 111) of Business In Another State Citizen or Subject of a ❑3 ❑ 3 Foreign Nation ❑ 6 ❑6 Foreign Counhy IV. NATURE OF SUIT (Placeno';Y"in(lnel3urOn11) CONTRACT TORTS FORFEITURE/PENAL'T'Y BANKRUPTCY OT[[FR$'rAT[1TE8 ❑110 Insurance PERSONAL INJURY PERSONAL INJURY -1625 Drug Related$ei%uIC El 422 Appeal 28 USC 158 C3 375 False Claims Act ❑120 Marine 310 Airplane ❑ 365 Personal Injury - of Properly 21 USC 881 ❑423 Withdrawal ❑ 400 Stale Reapportionment ❑130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 ❑ 410 Antitrust ❑140 Negotiable Instrument Liability ❑ 367 Flealth Care/ ❑ 430 Banks and Banking ❑150 Recovery of Overpayment 320 Assaull,Libel& Pha Ill)ncculical PROPERTY RIGHTS ❑ 450 Commerce &Enforcement of Judgment Slander Personal Injury rl 820 Copyrights ❑ 460 Deportation ❑151 Medicare Act 330 Fcderal Employers' Product Liability ❑830 Patent ❑ 470 Racketeer Influenced and ❑152 Recovery of Defaulted Liability ❑ 368 Asbestos Personal ❑840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product ❑ 480 ConsumerCr•edit (Excl.Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY ❑ 490 Cable/Sat'ry ❑153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 FIIA(13958) ❑ 850 Securities/Commodities/ of Veteran's Benefits 21350 Motor Vehicle ❑ 370 Other Fraud Act ❑862 Black Lung(923) Exchange ❑160 Stockholders'Suits 355 Motor Vehicle ❑ 371 Truth in Lending 720 Labor/Mgnn,Relations ❑863 DIWC/DIW W(405(8)) ❑ 890 Other Statutory Actions ❑190 Other Contract Product Liability ❑ 380 Other Personal 740 Railway Labor Act ❑864 SS1D Title XVI ❑ 891 Agricultural Acts ❑195 Contract Product Liability 360 011ler Personal Property Damage 751 Family and Medical ❑865 RSI(405(8)) ❑ 893 Environmental Matters ❑196 Flanebise Injury ❑ 385 Property Damage Leave Act ❑ 895 Freedom of infonuaion 362 Personal Injury- Product Liability CI 790 Other Labor Litigation Act Mcd.Malpractice C3 791 Empl,Rer.Inc, ❑ 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL,TAX SHIT'S ❑ 899 Administrative Procedure 210 Land Lj 440 Other Civil U 510 Motions to Vacate 870'raxes(U S.Plaintiff Act/Review or Appeal of ❑220 Forcclosme ❑441 Voting Sentence or Defendant) Agency Decision ❑230 Rent Lease&12jectnenr ❑442 E_mploymem I labens Corpus: ❑871 IRS--Third Party ❑ 950 Constitutionality of ❑240 Torts to[..and ❑443 Housing/ ❑ 530 Genoal 26 USC 7609 State Statutes ❑245 Tor Product Liability Accommodations ❑ 535 Death Penalty IMMIGRATION ❑290 All Other'Real Property 445 Amer,w/Disabilitics ❑ 540 Mandanurs&Other 171462 Natmralization Application Employment ❑ 550 Civil Rights 0 463 Habeas Corpus- 446 Amer,w/Disabilities- ❑ 555 Prison Condition Alien Detainee Other ❑ 560 Civil Detainee- (Prisoner Petition) 448 Education Conditions of 0 465 Other Immigration Confinement Actions V. ORIGIN (Place an"P"in One Bar Only) Transferred from ❑1 Original ® 2 Removed from ❑ 3 Remanded from ❑ 4 Reinstated or ❑ 5 ttl[other district ❑ 6 Multidistric( Proceeding State Court Appellate Court Reopened ypeei& LtUgatirnt Cite the US.Civil Stntlile Under i0jieh you are 111Ing (Do nol cite jurisdictional statrttes enless diversity): CAUSE OF ACTION Vl. 2811S.C, 1332,ct,scq.and 28 U.S.C. 1441 t3llef description oi'cause: Diversity of Citizenship VII. REQUESTED IN ❑ CHECK IF-1-11 IS IS A CLASS ACTION DEMAND S 75,000.00 CHECK YES only ifdentanded in complaint: COMPLAINT: UNDER F.R,C.P.23 JLIRY DEMAND: ®Yes ❑No VIII. RELATED CASE(S) (,See irrsh•ucriun.pJ: IF ANY JUDGr ]DOCKETNUMt3ER DATE S CiNATURF OF ATTORNEY OF REC lt!] FOR OFFICE;USE ONLY RECEIPT 11 AMOUN'11 APPLYING IFP JUDGrI MAG.JUDGE1 02kseeI3102cut Sl®@CL@UUWd4611 F1f6dCtLYp M23 Rigge1106 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NEDAL MORAD and ASHRAF MUSLEF1 CIVIL ACTION Plaintiffs V. NO. MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC. And OLD DOMINION FREIGHT : JURY TRIAI, DEMANDED Defendants NOTICE OF REMOVAL Defendant Old Dominion Freight Line, Inc. and Old Dominion Freight, by their undersigned counsel, hereby petitions this Court as follows, pursuant to 28 U.S.C. § 1332 et sue.: 1.. Old Dominion Freight Line, Inc. and Old .Dominion Freight ("Old Dominion") are defendants in an action pending in the Pennsylvania Court of Common Pleas for Cumberland County, No, 13-5135 ("the State Court Action"). Old Dominion received a copy of the Complaint. A true and correct copy of the Complaint in the State Court Action is attached hereto as Exhibit "A". 2. Plaintiffs in the State Court Action are Nedal .Monad and Ashraf Musleh. Plaintiffs are alleged to be a citizens and residents of Pennsylvania, residing at 3502 Beech Run Lane, Mechanicsburg, Pennsylvania 17050. See Exhibit"A". 3. Old Dominion is alleged to be a citizen and resident of North Carolina, with a principal place of business at 500 Old Dominion Way, Thomasville,North Carolina 27360. 4. Defendant Michael Maxwell is alleged to be a citizen and resident of.Tcxas, residing at 4200 Larry Don Lane, Waco, Texas 76708. 5. The State Court Action is between citizens of different states. {00753006;v1} O sse131(i2c�#�SB@ct.Duua"46111 Fitf6dd1221771:33 RRqge223b 4 6. Pursuant to 28 U.S.C. § 1332(a)(1), "[t]he district court shall have original jurisdiction of a]1 civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between (1) citizens of different states." 7. Plaintiffs served the Complaint upon Old Dominion on December 2, 2013. Plaintiffs have not yet served the Complaint upon defendant Michael Maxwell, 8. Plaintiffs' State Court Action alleges that the amount in controversy is in excess of$50,000. See Exhibit"A". Due to the allegations by plaintiffs in the Complaint, it is believed and therefore averred that plaintiffs are seeking to recover in excess of$75,000 in this matter. See Exhibit"A". 9. Thus, under 28 U.S.C. § 1446(b), the Complaint was served December 2, 2013, and under 28 U.S.C. § 1446(b), Old Dominion may remove this action up to thirty days after service. 10. Therefore, this Court may properly remove the State Court Action based on diversity jurisdiction. 11. 28 U.S.C. § 1441 provides for removal of state court actions where none of the defendants are citizens of the state in which the action is brought. Accordingly, because Old Dominion and defendant Michael Maxwell are not residents of the Commonwealth of Pennsylvania, the State Court Action may be removed to this Court. 12, This Notice has been filed with the Court within thirty (30) days after purported service of the Complaint on Old Dominion. 100753006;vI 02�see13 02cat SE@CL0UE0A46t11 Mddd122177123 R�@Qe3,j6 4 WHEREFORE, Old Dominion prays that the State Court Action be removed from the Pennsylvania Court of Common Pleas for Cumberland County to this Court for proper and just determination. Respectfully submitted, FINEMAN KREKSTEIN & HARRIS, P.C. B Y; ^ JAY tKRITHARRIS 1735 Market Street, Suite 600 Philadelphia, PA 19103 215-893-9300 jharris a finemanlawfirm.com December 17, 2013 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight {00753006;v1} Q�ssPd31(i2c�ct 3SE@cL@wWrd46111 FI ildcLP 177123 FRgge44o044 CERTIFICATE OF SERVICE I, JAY BARRY HARRIS,ESQUIRE, hereby certify that a true and correct copy of the foregoing Notice of Removal was served this day, by first-class mail,upon the following individual: Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 CIN December 17,2013 _ JAY RIV HARRIS {00753006;v I) Ol seel tCi2ca Sl® CLQmamtd4&l 22 RdelaMY1123 PR@gello6f111 EXHIBIT 66A'9 MSEN31 Oust R K SE@CL@ mfiA9611122 FIRM1122I S3 22)6f111 Matthew L.Owens,Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717)909-2500 Attorney ID#76080 NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY,PENNSYLVANIA vs. : NO. 13-5135 Civil MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC :CIVIL ACTION-LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg,PA 17108 (800)692-7375 Msee1=2cat Sl®f CLDUEWd46tI122 FIRddd122IM23 Ff@gE33D6tL11 ADVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte(20)dias despues de la notificacik 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 m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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. Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg, PA 17108 (800) 692-7375 OOseel3LC2catGHMMSB@cLMumtrd46tll22 FRi#&U71M83 Ragge44obtl.11 Matthew L. Owens,Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID#76080 NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 13-5135 Civil MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION- LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, COMPLAINT AND NOW COMES,Plaintiffs,Nedal Morad and Ashraf Musleh, as husband and wife, by and through their attorney, Matthew L. Owens, Esquire and The Law Offices of Matthew L. Owens, Esq., LLC,who file the following Complaint: 1. Plaintiff,Nedal Morad, is an adult individual residing at 3502 Beech Run Ln, Mechanicsburg, PA, 17050. 2. Plaintiff,Ashraf Musleh, is an adult individual residing at 3502 Beech Run Ln, Mechanicsburg, PA, 17050. 3. Defendant, Old Dominion Freight Lines, Inc., is a corporation doing business in the state of Pennsylvania,with an address of 500 Old Dominion Way,Thomasville,NC 27360. 4. Defendant, Michael Maxwell, is an adult individual residing at 4200 Larry Don Ln, Waco,TX, 76708. 5. Defendant, Old Dominion Freight Lines, Inc., employed Michael Maxwell when the events giving rise to this action occurred. OPERATIVE FACTS O.Zaa(ilaG2c-atOMRMSE@CLMHmtd46llll22 Rkld].=1133 Rkjge5536fL11 6. The facts and occurrences hereinafter related occurred on or about September 1, 2011 at Interstate 81, near mile marker 57.2. 7. At the aforesaid place; Plaintiff Nedal Morad was lawfully operating her vehicle. 8. Defendant was traveling at such a rate of speed that he was unable to stop his vehicle or take evasive action to avoid the Plaintiff. 9. Defendant then struck the rear of the Plaintiff's vehicle. 10. As a result of the impact,Plaintiff Nedal Morad sustained serious injuries in the accident including but not limited to cervical and lumbar strain/sprain and limited range of motion. COUNT NEDAL MORAD V MICHAEL MAXWELL, OLD DOMINION FREIGHT LINE,INC, AND OLD DOMINION FREIGHT NEGLIGENCE OF DEFENDANTS 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth fully at length hereto. 12. The aforesaid incident occurred as a result of and was proximately caused by the careless and negligent conduct of the Defendant Maxwell which consisted of the following: a. Failing to exercise the degree of care required under the circumstances; b. Failing to maintain a safe following distance; C. Failing to maintain a proper lookout; d. Failing to be highly vigilant; e. Failing to adhere to and comply with general state and local vehicle operating ordinances. 2 OD.aeelaG2c-atORRMSE@cLOumtrd46llll22 FlRdeldl=123 Plaae6 b6fl.11 13.The aforesaid accident was a direct and proximate result of the negligence of Defendant Maxwell as he failed to maintain a safe speed, a safe following distance, and a proper lookout for other vehicles on the roadway. 14. As a result of the aforesaid conduct and breach of care of the Defendant, Plaintiff Nedal Morad sustained the injuries, losses, and damages which are more fully described above, without any negligence of Plaintiff Nedal Morad contributing thereto. 15. At all times, Plaintiff Nedal Morad acted with due care and was not liable for contributory or comparative negligence. 16. Defendant Old Dominion Freight Lines and Defendant Old Dominion Freight is vicariously liable for the underlying accident and Plaintiffs injuries and damages as Defendant Maxwell was operating a vehicle owned and maintained by Defendants Old Dominion Freight Lines, Inc., and Old Dominion Freight and was a permissive driver in the course and scope of his employment at the time the accident occurred. 17. Defendants Old Dominion Freight Lines, Inc., and Old Dominion Freight are liable and/or negligent vicariously as follows: a. Failing to exercise the degree of care required under the circumstances; b. Failing to properly train drivers, specifically Defendant Maxwell; C. Failing to monitor drivers behavior and driving habits, specifically Defendant Maxwell; d. Failing to properly screen and hire drivers, specifically Defendant Maxwell; and e. Failing to adhere to and comply with general state and local vehicle operating ordinances 3 MaeEIM02cat SBUcL@u®Wd@t6tll22 F:FddcllMM23 Ragge77b6fU1 18, As a result of the accident and the resulting injuries,the Plaintiff Nedal Morad incurred medical expenses in the treatment,medication,hospital treatment,and other miscellaneous expenses for her injuries, and will continue to incur medical expenses into the future for her injuries for which a claim is asserted to the extent recoverable. 19. As a result of the accident and resulting injuries, Plaintiff Nedal Morad sustained and will sustain losses for which the following are legally recoverable: a. Past and future pain and suffering; b. Past and future embarrassment,humiliation and mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment/pleasures; e. Past and future loss of earnings/earnings capacity; f. Cervical strain/sprain; g. Lumbar strain/sparin; and h. Limited range of motion. 20. As a result of Defendant's negligence, Plaintiff Nedal Morad has suffered great bodily pain and suffering as well as mental anxiety and nervousness. 21. As a result of the aforesaid accident, Plaintiff Nedal Morad has sustained medical expenses as she was required to obtain medical treatment at and through Hershey medical Center and Select Physical Therapy 22. As a result of the aforesaid accident,Plaintiff Nedal Morad sustained past and future pain and suffering, loss of life's pleasures, inconvenience, lost wages, and loss of earnings and/or earning capacity. 4 MaeeI3102sat S H@ c LMmt l#i1I22 R46d =123 FR ggE883 M111 y 23. As a result of the Defendant's negligence, Plaintiff Nedal Morad has suffered an interruption of her daily habits and pursuits to her great and permanent detriment and .loss. WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendants in an amount in excess of the applicable arbitration limits,plus interest, costs, damages and other such relief this Honorable Court deems appropriate. COUNT II LOSS OF CONSORTIUM ASHRAF MESLEH V.V MICHAEL MAXWELL OLD DOMINION FREIGHT LINE, INC.AND OLD DOMINION FREIGHT 24. Paragraphs 1 through 23 are incorporated herein by reference as if set forth fully at length hereto. 25. Plaintiff Ashraf Mesleh is currently, and was at the time of the negligence of the Defendants, the legal husband of the Plaintiff Nedal Morad. 26. Plaintiff Ashraf Mesleh, as a direct and proximate result of the Defendant's negligence suffered the loss of services, society, and conjugal affection of his spouse,Plaintiff Nedal Morad for which the following are legally recoverable: a. Loss of performance of marital services, b. Loss of love and affection, c. Loss of spousal enjoyment, and d. Loss of societal companionship. 5 02�aeEISL02ca# SB0cL@umrd46t1322 RRkkJ1221Y7123 PRqgE99obtll y WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendants in an amount in excess of the applicable arbitration limits, plus interest, costs, damages and other such relief this Honorable Court deems appropriate. Respectfully submit d, Date: Matthew L. Owens, Esquire Attorney for Plaintiffs 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 6 Maeel=2cut SE@cLldu®UAd6tII22 FffilddLY I M3 PRggeI o6fLI1 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Nedal Morad Ashraf Mesleh MaseJ.M02catQ8 3SMcL@uE A45fL1.22 Fiff4ddI22177123 P9gge111o6fL11 J Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg,PA 17110 (717)909-2500 Attorney ID#76080 NEDAL MORAD and ASHRAF MUSLEH : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA vs: : NO. 13-5135 Civil MICHAEL MAXWELL and OLD DOMINION FREIGHT LINE, INC : CIVIL ACTION-LAW and OLD DOMINION FREIGHT : JURY TRIAL DEMANDED Defendants, CERTIFICATE OF SERVICE AND NOW, this day of 2013, I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esq., LLC hereby certify that the Plaintiff's Complaint above-captioned was mailed by United States First Class mail, postage prepaid, to: Jay Barry Harris Fineman Krekstein &Harris Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 By: Sulu Edmore Dated: CERTIFICATE OF SERVICE I, JAY BARRY HARRIS, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to File Notice of Removal was served this day, by first-class mail, upon the following individual: Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 December 17, 2013 �a ,� JH B Y HARRY (00753011;v1} Ceuta. IN THE UNITED STA'L'ES DISTRICT COURT FOR THE MIDDLE. DISTRICT OF PENNSYLVANIA NEDAL MORAD and ASI-IRAF MUSLI`I-I CIVIL ACTION Plaintiffs V, NO. 1:13-ev-03008-SHR MICHAEL MAXWELI, and OLD DOMINION FREIGHT LINE, INC. And OI,D DOMINION FRI IGI- T : •I[JRY TRIAL DEMANDED Defendants - ORDER AND NOW, this 8th day of January , 2014, upon consideration of Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight's Motion for Remand, and any response thereto, it is hereby ORDERED and DECREED that Defendants Old Dominion freight Line, Inc. and Old Dominion freight's Motion is GRANTED. It is further ORDERED and DECREED that this matter is remanded to the Cumberland Court of Con1117on Pleas for all future proceedings. BY THE COURT: s/Sylvia H. Rambo J. .., :. �.1�� +../'L i� � E _ ,` -..°_.;•.ra:Y..%:way 1-j PAW y {00700141;vi} Pennsylvania Middle District Version 6.1 Page 1 of 2 CLOSED,HBG United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:13-cv-03008-SHR Morad et al v. Maxwell et al Date Filed: 12/17/2013 Assigned to: Honorable Sylvia H. Rambo Date Terminated: 01/08/2014 Cause: 28:1332 Diversity-Personal Injury Jury Demand: Both Nature of Suit: 350 Motor Vehicle Jurisdiction: Diversity Plaintiff Nedal Morad represented by Matthew Lee Owens Law Offices of Matthew L. Owens, Esquire, LLC 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717-909-2500 Fax: 717-909-2504 Email: mlowens @centralpaattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Ashraf Musleh represented by Matthew Lee Owens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED g ,61ter�� raR V. Defendant Michael Maxwell Defendant Old Dominion Freight Line, Inc. represented by Jay Barry Harris Fineman, Krekstein& Harris, P.C. United Plaza 1735 Market Street Suite 600 Philadelphia, PA 19103 215-893-9300 Email:jharris @finemanlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Old Dominion Freight represented by Jay Barry Harris https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?106278381149147-L_1_0-1 01/08/2014 Pennsylvania Middle District Version 6.1 Page 2 of 2 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 12/17/2013 1 NOTICE OF REMOVAL by Old Dominion Freight Line, Inc., Old Dominion Freight from Cumberland County Court of Common Pleas, case number Filing fee $ 400 receipt number 0314-2965688), filed by Old Dominion Freig t me, Inc., Old Dominion Freight. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s))(aaa) (Entered: 12/17/2013) 12/17/2013 2 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Old Dominion Freight, Old Dominion Freight Line, Inc.. (Harris, Jay) (Entered: 12/17/2013) 12/27/2013 3 ORDER Re: Case Assignment and Procedures Signed by Honorable Sylvia H. Rambo on 12/27/13. (ma) (Entered: 12/27/2013) 12/31/2013 4 COUNTY COURT RECORD from Cumberland County Court of Common Pleas. (aaa) (Entered: 12/31/2013) 01/08/2014 5 MOTION to Remand , MOTION to Remand to State Court by Old Dominion Freight, Old Dominion Freight Line, Inc.. (Attachments: # 1 Proposed Order)(Harris, Jay) (Entered: 01/08/2014) 01/08/2014 6 ORDER granting dfts' Motion to Remand to State Court 5 Signed by Honorable Sylvia H. Rambo on 01/08/14 (ma) (Entered: 01/08/2014) https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?106278381149147-L 1 0-1 01/08/2014 r (David(D. Oueff °F ``'M knee X Simpson Prothonotary eF� 1't(Deputy(Prothonotary z T ° o Irene E. 9dorrow 2(irkS.Sohonage,ESQ 2d(Deputy(Prothonotary Soficitor 1750 Office of the Prothonotary Cumberland'County, Pennsylvania Nedal Morad and Ashraf Muslehl� Vs. Case No. 13-5135 Civil Term Michael Maxwell and Old Dominion Freight Line, Inc. ! i and Old Dominion Freight CASE TRANSFERRED TO •• _ _ ' 3 Middle District Court of Pennsylvania -- Civil Division Federal Building 228 Walnut St., P.O. Box 983 Harrisburg, PA 17108 Please acknowledge receipt of this case by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE SUITE 100 CARLISLE,PA 17013 Attn: LAURA Record received: Date: Print signature& title: UNITED STATES DISTRICT COURT Middle District of Pennsylvania Office of the Clerk,Room 1060 P.O.Box 983 Harrisburg,PA 17108 Mary E.D'Andrea 717-221-3920 Clerk January 8, 2014 Robert 6. GYAR, a01�-L l L- Glet'knFeev s -Paa+ Cumberland County Court of Comm Pleas One Courthouse Square Carlisle, PA 17013 IN RE: Nedal Morad, et al. VS. Michael Maxwell, et al. &�Zq Civil Action No. 13-CV-2082 Dear Mr Quoiw I have enclosed both a certified copy of our docket sheet and the Court's Order dated January 8, 2014 which remands this matter to the Court of Common Pleas of Cumberland County. Please acknowledge receipt of these items at the bottom portion of this letter and return at your earliest convenience. Thank you for your attention in this matter. Very truly yours, MARY E. D'ANDREA, CLERK Mark J. Armbruster Deputy Clerk Enclosures RECEIPT I hereby acknowledge receipt this day of dw 2014. 40ta",- —P. SIGNATURE 01F TliE-IL"�-OHI-Cr TH FINEMAN KREKSTEIN & HAR ,,1jj 10 PH ( 40, By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 "UMBERl-AND COUNTY Mellon Bank Center PENNSYLVANIA 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight N DAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION ICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT.TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4 09.22, defendant certifies that: 1. A notice of Intent to serve subpoenas with copies of the subpoenas attached thereto were 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 subpoenas, are attached to this certificate; 3. A letter from plaintiff's counsel requesting copies of the documents received in response; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to serve the subpoenas. FINEMAN KREKSTEIN & HARRIS, P.C. BY: , JA"ARWY HAR February 7, 2014 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight {00 74371;v1} FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. C;z.11. p BY: JAY BARVY HARRIS January 15, 2014 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight 100763068;vI} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEDAL MORAD and ASHRAF MUSLEH Plaintiff File No. 13_5135 vs. MICHAEL MAXWELL, et al. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR PENN STATE MILTON S. HERSHEY MEDICAL 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 ADDENDUM at 1735 Market Street, Suite 600, Philadelphia, PA 19103 (Address) 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: JAY BARRY HARRIS,ESQUIRE ADDRESS: 1735 MARKET STREET,SUITE 600 PHILADELPHIA,PA 19103 TELEPHONE: 215-893-9300 SUPREME COURT ID#33998 ATTORNEY FOR: Y THE COURT: Prothonotary,Civil Division Date: Seal of the —ourt *Deputy i ADDENDUM TO SUBPOENA TO PENN STATE MILTON S. HERSHEY MEDICAL CENTER The records of which you are custodian are being requested with regard to the persons named on this subpoena attachment. Name: NEDAL MORAD Address: 3502 Beech Run Lane Mechanicsburg, PA 17055 Date of Birth: 9/24/70 Social Security: 219-21-7021 Any and all records, including but not limited to Patient questionnaire, Patient information sheet, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, memoranda, index cards, radiology reports, radiologic films, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: NEDAL MORAD {00763068;vI • y FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTICE TO: CUSTODIAN OF RECORDS FOR PENN STATE MILTON S. HERSHEY MEDICAL CENTER (Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose.request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (Insert Name) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Dated: 00763068;vI A� MATTHEW L.OWENS LAW OFFICES OF ANDREW T.KRAVITZ MATTHEW L. OWENS, ESQUIRE LLC Direct Dial: 717-909-2500 Email: mlowens @centralpaattorneys.com January 27, 2014 Jay Barry Harris Fineman Krekstein& Harris P.C. Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 RE: Nedal Morad and Ashraf Musleh v. Michael Maxwell, et al Dear Mr. Harris: Enclosed please find Authorizations executed by my clients. Kindly provide this office with copies of any and all documents received. Your attention is appreciated. ;Very ours,y y Matthew L. ens MLO/she Enclosure(s) 2595 INTERSTATE DRIVE,SUITE 101,HARRISBURG,PENNSYLVANIA 171 10 TELEPHONE:717-909-2500 FACSIMILE:717-909-2504 EMAIL:MLOWENS @CENTRALPAATTORNEYS_COM WEB:WWW.MLOWENs LAW.COM FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. JAY R ' HARRIS U January 15, 2014 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight {00763069;v1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEDAL MORAD and ASHRAF MUSLEH Plaintiff File No. 13-5135 VS. MICHAEL MAXWELL, et al. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR PENN STATE MILTON S.HERSHEY MEDICAL CENTER RADIOLOGY DEPARTMENT (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 ADDENDUM at 1735 Market Street, Suite 600, Philadelphia, PA 19103 (Address) 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: JAY BARRY HARRIS,ESQUIRE ADDRESS: 1735 MARKET STREET,SUITE 600 PHILADELPHIA,PA 19103 TELEPHONE: 215-893-9300 SUPREME COURT ID#33999 ATTORNEY FOR: 7 yT14E— C Date:`` OU Prothonotary,Civil Division ZZI Seal oft Court Deputy ADDENDUM TO SUBPOENA TO PENN STATE MILTON S. HERSHEY MEDICAL CENTER RADIOLOGY DEPARTMENT The records of which you are custodian are being requested with regard to the persons named on this subpoena attachment. Name: NEDAL MORAD Address: 3502 Beech Run Lane Mechanicsburg, PA 17055 Date of Birth: 9/24/70 Social Security: 219-21-7021 Any and all records, including but not limited to Patient questionnaire, Patient information sheet, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, memoranda, index cards, radiology reports, radiologic films, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: NEDAL MORAD {00763069;v I} FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTICE TO: CUSTODIAN OF RECORDS FOR PENN STATE MILTON S. HERSHEY MEDICAL CENTER—RADIOLOGY DEPARTMENT (Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (Insert Name) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Dated: f00763069;v I I AtMATTHEW L.OWENS _L CA YY OFFICES OF ANDREW T.KRAVITZ MATTHEW L. OWENS, .ESQUIRE LLC Direct Dial: 717-909-2500 Email: mlowens @centralpaattorneys.com January 27, 2014 Jay Barry Harris Fineman Krekstein& Harris P.C. Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 RE: Nedal Morad and Ashraf Musleh v. Michael Maxwell, et al Dear Mr. Harris: Enclosed please find Authorizations executed by my clients. Kindly provide this office with copies of any and all documents received. Your attention is appreciated. ;Very y yours, Matthew L. ens MLO/she Enclosure(s) 2595 INTERSTATE DRIVE.SUITE 101.HARRISBURG,PENNSYLVANIA 171 10 TELEPHONE:717-909-2500 FACSIMILE:717-909-2504 EMAIL:MLOWENS @CENTRALPAATTORNEYS.COM WEB:WWW.MLOwENsLAW.COM FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. JAY WAR HARRIS January 15, 2014 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight {00763070;vI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEDAL MORAD and ASHRAF MUSLEH Plaintiff File No. 13-5135 VS. MICHAEL MAXWELL,et al. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR ROADRUNNER TRUCKING, INC. (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 ADDENDUM at 1735 Market Street, Suite 600, Philadelphia, PA 19103 (Address) 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: JAY BARRY HARRIS,ESQUIRE ADDRESS: 1735 MARKET STREET,SUITE 600 PHILADELPHIA,PA 19103 TELEPHONE: 215-893-9300 SUPREME COURT ID#33998 ATTORNEY FOR: —D—mi-R,tolUk1., 01 BY THE COU i Prothonotary,Civil Division Date: 1 Seai of the Uourt Deputy ADDENDUM TO SUBPOENA TO ROADRUNNER TRUCKING, INC. The records of which you are custodian are being requested with regard to the persons named on this subpoena attachment. Name: ASHRAF A. MUSLEH Address: 3502 Beech Run Lane Mechanicsburg, PA 17055 Date of Birth: 7/22/69 Social Security: 184-70-5005 Any and all records, including, but not limited to, applications for employment, offers of employment, letters of rejection, letters of termination, employer's reports, pre- employment physical examination records,job description, payroll stubs, salary/earnings records, time cards, attendance records, performance evaluations, disciplinary actions, log books, journals, employee and union contracts, seminars/training material provided to employee, W-2 Wage and Tax Statements, any and all medical records and medical reports, incident/accident reports, injury reports, correspondence related to any work related incidents or accidents, Time and Wage Loss Verification Statements, worker compensation claim records, electronic data including electronic data stored in a retrieval system, records stored at an off-site facility, and any other documentation. (00763080;v l} FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTICE TO: CUSTODIAN OF RECORDS FOR ROADRUNNER TRUCKING, INC. (Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (Insert Name) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Dated: {00763080;v1} MATTHEW L.OWENS L't1 W OFFICES OF ANDREW T.KRAVITZ MATTHEW L. OWENS.,_ESQUIRE LLC Direct Dial: 717-909-2500 Email: mlowens @centralpaattorneys.com January 27, 2014 Jay Barry Harris Fineman Krekstein& Harris P.C. Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 RE: Nedal Morad and Ashraf Musleh v. Michael Maxwell, et al Dear Mr. Harris: Enclosed please find Authorizations executed by my clients. Kindly provide this office with copies of any and all documents received. Your attention is appreciated. Very y yours, Matthew L. ens MLO/she Enclosure(s) 2595 INTERSTATE DRIVE,SUITE 101,HARRISBURG,PENNSYLVANIA 171 10 TELEPHONE:717-909-2500 FACSIMILE:717-909-2504 EMAIL: MLOWENS @CENTRALPAATTORNEYS.COM WEB:WWW.MLOWENSLAW.COM FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. BY: JAY BARRY�HARRIS January 15, 2014 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight 100763076;v I} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEDAL MORAD and ASHRAF MUSLEH Plaintiff File No. 13-5135 VS. MICHAEL MAXWELL, et al. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR SELECT PHYSICAL THERAPY (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 ADDENDUM at 1735 Market Street, Suite 600, Philadelphia, PA 19103 (Address) 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: JAY BARRY HARRIS,ESQUIRE ADDRESS: 1735 MARKET STREET,SUITE 600 PHILADELPHIA,PA 19103 TELEPHONE: 215-893-9300 SUPREME COURT ID#33998 ATTORNEY FOR: --0 U-W.m-qft line.m. d01 BY THE CO r rProthonotary, ivil Division Date: — J 1 Seal of thd Court Deputy ADDENDUM TO SUBPOENA TO SELECT PHYSICAL THERAPY The records of which you are custodian are being requested with regard to the persons named on this subpoena attachment. Name: NEDAL MORAD Address: 3502 Beech Run Lane Mechanicsburg, PA 17055 Date of Birth: 9/24/70 Social Security: 219-21-7021 Any and all records, including but not limited to Patient questionnaire, Patient information sheet, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, memoranda, index cards, radiology reports, radiologic films, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: NEDAL MORAD {00763070;v1} FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTICE TO: CUSTODIAN OF RECORDS FOR SELECT PHYSICAL THERAPY (Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 -1, (Insert Name) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Dated: f00763070;vI} ALMATTHEW L.OWENS LAW OFFICES O F ANDREW T.KRAVITZ MATTHEW L. OWENS, ESQUIRE LLC Direct Dial: 717-909-2500 Email: mlowens @centralpaattorneys.com January 27, 2014 Jay Barry Harris Fineman Krekstein& Harris P.C. Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 RE: Nedal Morad and Ashraf Musleh v. Michael Maxwell, et al Dear Mr. Harris: Enclosed please find Authorizations executed by my clients. Kindly provide this office with copies of any and all documents received. Your attention is appreciated. Very y yours, ZI Matthew L. ens MLO/she Enclosure(s) ,r 2595 INTERSTATE DRIVE.SUITE 101,HARRISBURG,PENNSYLVANIA 17110 TELEPHONE:717-909-2500 FACSIMILE:717-909-2504 EMAIL: MLOWENS @CENTRALPAATTORNEYS.COM WEB:WWW.MLOWENsLAW.COM FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. BY: — JAY bARPY HARRIS January 15; 2014 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight (0076308010; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEDAL MORAD and ASHRAF MUSLEH Plaintiff File No. 13-5135 VS. MICHAEL MAXWELL, et al. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR GEICO INSURANCE COMPANY (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 ADDENDUM at 1735 Market Street, Suite 600, Philadelphia, PA 19103 (Address) 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: JAY BARRY HARRIS,ESQUIRE ADDRESS: 1735 MARKET STREET,SUITE 600 PHILADELPHIA.PA 19103 TELEPHONE: 215-893-9300 SUPREME COURT ID#31999 ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division 46�le DateC`J � Seal of the our Deputy ADDENDUM TO SUBPOENA TO. GEICO INSURANCE COMPANY The records of which you are custodian are being requested with regard to the persons named on this subpoena attachment. Name: NEDAL MORAD Address: 3502 Beech Run Lane Mechanicsburg, PA 17055 Date of Birth: 9/24/70 Social Security: 219-21-7021 POLICY NO. 4222053268 CLAIM NO. 0414211640101021 Any and all records for any and all Claims, including but not limited to correspondence, memoranda, notes, electronic data including electronic data stored in a retrieval system, declaration sheet, application for benefits, medical records, medical reports, medical bills, payments made in connection with claims, explanation of medical bill payments, payment records of medical expenses, payment records of work loss, computer print-out extracts with identifying name of"payee" chart, investigation records, police reports, surveillance reports, photographs, videos, statements taken from any person, recorded statement summary notes, index searches, claim activity log notes, records stored at an off-site facility, and any other documentation pertaining to the above. {00763076;v 1} o FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE IDENTIFICATION NO. 33998 Mellon Bank Center 1735 Market Street, Suite 600 Attorney for Defendants Old Dominion Philadelphia, PA 19103 Freight Line, Inc. and Old Dominion 215-893-9300 Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTICE TO: CUSTODIAN OF RECORDS FOR GEICO INSURANCE COMPANY _(Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (Insert Name) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Dated: ,00763076:v I I t MATTHEW L.OWENS ALLCAVW OFFICES OF ANDREW T.KRAVITZ ..MATTHEW L. OWENS, ESQUIRE LLC Direct Dial: 717-909-2500 Email: mlowens @centralpaattorneys.com January 27, 2014 Jay Barry Harris Fineman Krekstein & Harris P.C. Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 RE: Nedal Morad and Ashraf Musleh v. Michael Maxwell, et al Dear Mr. Harris: Enclosed please find Authorizations executed by my clients. Kindly provide this office with copies of any and all documents received. Your attention is appreciated. ;Ver y y yours, Matthew L. ens MLO/she Enclosure(s) Fr' 2595 INTERSTATE DRIVE.SUITE 101.HARRISBURG.PENNSYLVANIA 171 10 TELEPHONE:717-909-2500 FACSIMILE:717-909-2504 EMAIL:MLOWENS@CENTRALPAATTORNEYS.COM WEB:WWW.MLOWENSLAW.COM FINEMAN KREKSTEIN & HARRIS�jrt,( EB 21 TO:PLAINTIFFS By: JAY BARRY HARRIS, ES UIR 1 YOU ARE HEREBY NOTIFIED TO PLEAD IDENTIFICATION NO. 33998 u, ,BERN �1,C�13fia TO THE ENCLOSED NEW MATTER �3 �� jY LV Aft SERVICE (20)DAYS A FROM THE JUDGMENT Mellon Bank Center MAY BE ENTERED AGAINST Y U. 1735 Market Street, Suite 600 � Philadelphia, PA 19103 Atone or Defen is Old Dominion 215-893-9300 Freight Line, Inc. and Old Dominion Freight NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT NO. 13-5135 LINE, INC. and OLD DOMINION FREIGHT Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER 1. Denied. After reasonable investigation, defendants Old Dominion Freight Line, Inc. and Old Dominion Freight (hereinafter referred to as "Old Dominion"), are without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 1. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 2. Denied. After reasonable investigation, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 2. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 3. Admitted. By way of further answer, it is specifically denied that an entity entitled Old Dominion Freight exists. Strict proof is demanded at trial, if relevant. {00759361;v1} 4. Admitted in part; denied in part. It is admitted that Michael Maxwell is an individual. It is denied that he currently resides at 4200 Larry Don Lane, Waco, Texas 76708. 5. Admitted. It is admitted that Old Dominion employed Michael Maxwell on the date of this accident. 6. Admitted. 7. Denied. -It is specifically denied that plaintiff Nedal Morad was lawfully operating her vehicle. By way of further answer, the allegations contained in paragraph 7 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 7, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore,they are denied. Strict proof is demanded at trial, if relevant. 8. Denied. It is specifically denied that Michael Maxwell was traveling at such a rate of speed that he was unable to stop his vehicle or take evasive action to avoid the plaintiff. Strict proof is demanded at trial, if relevant. 9. Denied. It is specifically denied that Michael Maxwell struck the rear of plaintiff's vehicle. By way of further answer, plaintiff Nedal Morad, caused the accident by her failure to properly merge into oncoming traffic. 10. Denied. After reasonable investigation, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 10. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 100759361;v1} COUNT NEDAL MORAD V. MICHAEL MAXWELL, OLD DOMINION FREIGHT LINE, INC. AND OLD DOMINION FREIGHT NEGLIGENCE OF DEFENDANTS 11. Old Dominion hereby incorporates by reference it answers to paragraphs 1 through 10 of Plaintiffs' Complaint as if fully set forth at length. 12(a-e). Denied. It is specifically denied that Michael Maxwell acted carelessly, negligently or improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 12(a-e) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 12(a-e), Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 13. Denied. It is specifically denied that Michael Maxwell acted carelessly, negligently or improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 13 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 13, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore,they are denied. Strict proof is demanded at trial, if relevant. 14. Denied. It is specifically denied that Michael Maxwell acted carelessly, negligently or improperly in any respect whatsoever. By way of further answer,the allegations contained in paragraph 14 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in {00759361;v1} S• paragraph 14, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 15. Denied. It is specifically denied that plaintiff Nedal Morad acted with due care and was not liable for contributory or comparative negligence. By way of further answer, the allegations in paragraph 15 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 16. Admitted in part; denied in part. It is admitted that Michael Maxwell was operating a vehicle owned and maintained by Old Dominion and that he was a permissive driver within the course and scope of his employment on the date of the accident. The remaining allegations contained in paragraph 16 are denied as they are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any remaining factual allegations contained in paragraph 16, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 17(a-e). Denied. It is specifically denied that Michael Maxwell acted carelessly, negligently or improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 17(a-e) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 17(a-e), Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at trial, if relevant. {00759361;v1) 18. Denied. After reasonable investigation, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 18. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 19(a-h). Denied. After reasonable investigation, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 19(a-h). Therefore, they are denied. Strict proof is demanded at trial, if relevant. 20. Denied. It is specifically denied that Michael Maxwell acted carelessly, negligently or improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 20 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 20, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 21. Denied. After reasonable investigation, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 21. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 22. Denied. After reasonable investigation, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 22. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 23 Denied. It is specifically denied that Michael Maxwell acted carelessly, negligently or improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 23 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in (00759361;v 1) paragraph 23, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at trial, if relevant. WHEREFORE, Old Dominion respectfully requests that Count I of Plaintiffs' Complaint be dismissed. COUNT II ASHRAF MESLEH V. MICHAEL MAXWELL, OLD DOMINION FREIGHT LINE, INC. AND OLD DOMINION FREIGHT 24. Old Dominion hereby incorporates by reference it answers to paragraphs 1 through 23 of Plaintiffs' Complaint as if fully set forth at length. 25. Denied. After reasonable investigation, Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 25. Therefore, they are denied. Strict proof is demanded at trial, if relevant. 26(a-d). Denied. It is specifically denied that Michael Maxwell acted carelessly, negligently or improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 26(a-d) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 26(a-d), Old Dominion is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at trial, if relevant. WHEREFORE, Old Dominion respectfully requests that Count II of Plaintiffs' Complaint be dismissed. {00759361;v1} NEW MATTER 27. Old Dominion asserts any and all defenses available to it under the Pennsylvania Motor Vehicle Financial Responsibility Law as set forth in 75 Pa.C.SA § 1701, et seq. 28. The alleged causes of action contained in Plaintiffs' Complaint are barred by the applicable statutes of limitations. 29. Michael Maxwell and Old Dominion performed each and every duty which was allegedly owed to Plaintiffs. 30. The incident, injuries and/or damages described in Plaintiffs' Complaint, said incident, injuries and/or damages being denied, were contributed to, or caused by Plaintiffs or other individuals and/or entities over whom Michael Maxwell and Old Dominion had no control. 31. Plaintiff failed to mitigate their damages. 32. Plaintiffs' claims are barred or limited by their violation of the rules, regulations and statutes of the Commonwealth of Pennsylvania and of all local authorities relevant hereto, governing the operation and parking of motor vehicles on the streets and highways. WHEREFORE, Old Dominion respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiffs, together with court costs, reasonable attorney's fees and any other relief this Honorable Court deems appropriate. FINEMAN KREKSTEIN & HARRIS, P.C. BY: JA -A RY H RIS February 25, 2014 Attorney for Defendants Old Dominion Freight Line, Inc. and Old Dominion Freight {00759361;v1} VERIFICATION 1,Janet Shelley, on behalf of Old Dominion.Freight Line,hereby verify that the statements made in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my knowledge, inforrnation and belief I understand that the statements herein are made subject to the penalties of 1.8 Pa. C. S. §4904, relating to unswom falsification to authorities. JA ET SH ' LEY, n behalf of Old Do inion Freight Line (00759384; i) NEDAL MORAD and ASHRAF MUSLEH COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs v. CIVIL ACTION MICHAEL MAXWELL and OLD DOMINION FREIGHT : NO. 13 -5135 LINE, INC. and OLD DOMINION'FREIGHT Defendants JURY TRIAL DEMANDED PLAINTIFFS, NEDAL MORAD AND ASHRAF MUSLEH'S RESPONSES TO NEW MATTER AND NOW COMES, Plaintiffs, Nedal Morad and Ashraf Musleh, by and through the undersigned counsel who respond to Defendant's New Matter as follows: 1.- 26. Paragraphs one through twenty -six of Plaintiffs' Complaint are herein by reference. 27. Paragraph of incorporation no response required. - fir rr "pats mcor0 tedi' r- c -. rs.) 28. Denied. The allegations of this paragraph are denied in that the same corifains conclusions of law to which no response is required, strict proof thereof required at trial. 29. Denied. The allegations of this paragraph are denied in that the same contains conclusions of law to which no response is required, strict proof thereof required at trial. 30. Denied. The allegations of this paragraph are denied in that the same contains conclusions of law to which no response is required, strict proof thereof required at trial. 31. Denied. The allegations of this paragraph are denied in that the same contains conclusions of law to which no response is required, strict proof thereof required at trial. 32. Denied. The allegations of this paragraph are denied in that the same contains conclusions of law to which no response is required, strict proof thereof required at trial. 74r- Ty- WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendants in an amount in excess of the applicable arbitration limits, plus interest, costs, damages and other such relief this Honorable Court deems app Date: BY: ATTHEW L. Attorney ID #: 76080 Law Offices of Matthew L. Owens, Esquire, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esquire, LLC, hereby certify that a true and correct copy of the foregoing PLAINTIFF RESPONSE TO NEW MATTER was served this day, by first-class mail, upon the following individual: Jay Barry Harris Fineman Krekstein & Harris P.C. Mellon Bank Center 1735 Market Street, Suite 600 Philadelphia, PA 19103 Date: z7/