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Home My WebLink About06-2342IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METROPOLITAN INSURANCE COMPANY V. Petitioner MARISA ZANGARI Respondent ')L - a3ya? (21C' L , Lll_? PENNSYLVANIA MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW 1 nE AND NOW, comes Petitioner Metropolitan Casualty Insurance Company ("MetLife") by and through its undersigned counsel and hereby files this Petition to Compel the medical examination of respondent pursuant to §1796 of the Pennsylvania Motor Vehicle Financial Responsibility Law ("MVFRL") and in support thereof avers as follows: 1. Petitioner, MetLife is a corporation licensed to issue insurance policies in the State of Pennsylvania, with a principal place of business located in Bloomington, Minnesota. 2. Respondent is an adult individual residing at 1057 Countryclub Road, Camp Hill, Pennsylvania 17011. 3. On or about April 12, 2004, respondent was involved in a motor vehicle accident, where she allegedly suffered certain bodily injuries. 4. At the time of the accident, Respondent was married to Eugene Zangari, who maintained an automobile policy of insurance with MetLife. (A copy of the declarations page for that policy is attached hereto as Exhibit "A"). 5. Respondent has applied for and has received first-party medical benefits pursuant to the policy issued to her husband. 6. Dr. Richard Beal of the Orthopedic Institute of Pennsylvania diagnosed Ms. Zangari with a contusion of the right knee two days after the accident, on April 14, 2004. 7. Less than a month before the accident, on March 22, 2004, Ms. Zangari had undergone arthroscopic surgery to her right knee for a tear of the medial meniscus. 8. MetLife has since been presented with a bill for a subsequent arthroscopic surgery to Ms. Zangari's right knee performed on November 9, 2005 - a sub-total medial menisectomy. 9. Based upon the prior surgical procedure to her right knee, and the medical reports following the accident indicating only a contusion to the right knee, there is a question as to whether the subsequent surgery of November 9, 2005 is related to the motor vehicle accident, thereby obligating MetLife to reimburse the provider for the procedure. 10. MetLife has requested that Ms. Zangari submit to an independent medical examination so that the issue of causation can be addressed by a medical professional. 11. Respondent has refused the request for an independent medical examination. 12. Pursuant to § 1796 of the MVFRL, this Honorable Court is authorized and empowered to enter an order compelling Marisa Zangari to submit to an independent medical examination for the purpose of addressing whether the arthroscopic surgery and any subsequent follow-up treatment is related to Ms. Zangari's motor vehicle accident of April 12, 2004. WHEREFORE, Petitioner, Metropolitan Casualty Insurance Company respectfully requests that this Honorable Court grant its Petition to Compel Marisa Zangari's independent medical examination and enter an Order in the form attached hereto. Date Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN GIN ? own, Esquire 0. 84530 Stephen Barcavage, Esquire I.D. No. 78867 Attorneys for Petitioner 1845 Walnut Street, 18`h Floor Philadelphia, PA 19106 (215)575-2620 \05_A\LIAB\S.IBARCA VAGE\LLPG\218602\TKCOPENHAVER\13238\01138 V\ b`? MetLife® Auto & Home Metropolitan Casualty Insurance Company Automobile Insurance Declarations 4-18-06 ST 37 Policy Number: 5433200950 Policy Effective Date: 10-25-2003 Policy Expiration Date: 10-25-2004 At: 12:01 A.M. Named Insured: EUGENE N ZANGARI AND MARISA ZANGARI 1057 COUNTRY CLUB RD CAMP HILL PA 17011 Insured Pagel of 2 Duplicate Effective Date: 01-05-2004 Bill to: Insured 1 1997 MERCEDES B 2 2004 MERCEDES B Coverage Description Full Tort Option First Party Benefits: Liability Bodily Injury Property Damage Uninsured Motorists Bodily Injury Nonstacked Underinsured Motorists Bodily Injury Nonstacked Physical Damage moues tsoay Type Vehicle ID Number Sym Territory SL320 RDSTER WDBFA63F8VF144442 26 15 E320 4DR WDBUF65J04A451612 20 15 Applicable Limits Annual Premiums 1997 2004 MERCE MERCE $10,000 Medical Ind Ind $1,500 Funeral Benefit 64 32 $250,000 Per Person/ $500,000 Per Occurrence 218 118 $100,000 Per Occurrence 190 102 $250,000 Per Person/ $500,000 Per Accident 24 24 $250,000 Per Person/ $500,000 Per Accident 56 56 1997 2004 MERCE MERCE ACV ACV $500 $500 924 426 $100 $100 302 174 $50 $50 Incl Ind $25 Day/$750 Occurrence 24 24 Ind Ind Vehicle Totals: 1802 956 Actual Cash Value(ACV) or Limit Collision less deductible Comprehensive less deductible Towing and Labor Limit Optional Coverages Substitute Transportation Glass Deductible Buyback Total Annual Premium: $2758.00 RP/MS/1 MetLife® Auto & Home is a brand of Metropolitan Property and Casualty Insurance Company and its Affiliates, Warwick, RI MPL 1380-000 Printed in US A, 0298 MetLife® Auto & Home Metropolitan Casualty Insurance Company 4-18-06 Automobile Insurance Declarations ST 37 F Number: 5433200950 Effective Date: 10-25-2003 Page 2 of 2 Expiration Date: 1004 At: 12:01 1 A .M. F Duplicate Effective Date: 01-05-2004 Deductible Savings Benefit (DSB) $0 Deductible Savings reduces Collision or Comprehensive deductibles, excluding towing and glass claims, effective 10-25-2003 for claims occurring after this date. Your next anniversary date is 10-25-2004. See Important Notice for details. Forms and Endorsements Rating Information Household Drivers: MPL 6010-000 PA400 PA600 PA700 V550 V506 04/25/26 EUGENE N ZANGARI 08/26/45 MARISA ZANGARI IF YOU HAVE A DRIVER IN YOUR HOUSEHOLD WHO IS NOT LISTED ABOVE, PLEASE NOTIFY US IMMEDIATELY. Messages If your policy provides Collision coverage, then you are covered for collision damage to rented vehicles, subject to all of the terms and conditions contained in your policy. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects the person to criminal and civil penalties. For claims, see Claim Directory. V05_AALIAB\SJBARCAVAGEALLPGA218598\1 KCOPENHAVERVI3238V01138 7SF-121-1 MetLife® Auto & Home is a brand of Metropolitan Property and Casualty Insurance Company and its Affiliates, Warwick, RI MPL 1380-000 Printed in U.S.A. 0298 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METROPOLITAN INSURANCE COMPANY V. Petitioner MARISA ZANGARI Respondent CERTIFICATE OF SERVICE I, Tammy K. Copenhaver, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this °-f--' day of April, 2006, a true and correct copy of PETITION FOR MEDICAL EXAMINATION PURSUANT TO SECTION 1796 OF THE PENNSYLVANIA MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW, was served via U.S Timothy A. Shollenberger, Esquire 2225 Millennium Way Enola, PA 17025 (Counsel for Respondent) first-class mail, postage pre-paid, as follows: TAMMY K. OPENHA R V05_AALIA13\SJBARCAVAGE\LLPGA218602\TKCOPENHAVERV13238V01138 ? ? ? ? ? -?? ? ? ?? ? ? a ?= ?? ? _; ?? METROPOLITAN INSURANCE CO.: IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2342 CIVIL MARISA ZANGARI, Respondent ORDER OF COURT AND NOW, this 5`' day of May, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Respondent to show cause why the she should not attend an independent medical examination pursuant to Section 1796 of the Pennsylvania Motor Vehicle Financial Responsibility Law; 2. The Respondent will file an answer to this petition on or before May 26, 2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under Pa.R.C.P. No. 206.7; 5. If no answer to the Rule to Show cause is filed by the required date, the relief request by Petitioner shall be granted. imolJ\Y %Iollenbef!eR Er' R. Brown, Esquire Aephen Barcavage, Esquire Attorney for Petitioner J Marisa Zangari Respondent bas By the Court, M. L. Ebert, Jr., Ob .'OW VINVA IASNN3d 8£ :Z Hd S- AN 900Z AHVIONCkLO t M do Curtis R. Long Prothonotary office of the Protbonotarp Cumbertartb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573