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    11K views50 pages

    John Doe A's Answers To PMA's Inquiries

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    PennLive
    John Doe A's answers to PMA's inquiries

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    FILED ExG 12 JAN 2015 04:15 pm Civil Administration L. OWENS JEFFREY R ANDERSON, ESQUIRE THOMAS R. KLINE, BSQUIRE, ‘Attomey io, 310877 CHARLES L, BECKER, ESQUIRE 366 Jackson Street, Suite 100 MICHAEL A. TRUNK, ESQUIR ‘St. Paul MIN 55101 DAVID C. WILLIAMS, ESQUIRE (651) 227-9990, ‘Attomey Nos, 28895/81910/83870/308745 Jefi@andersonadvocntos.com Kline & Specter, {A Professional Corporation MARCIA, HAMILTON, ESQUIRE —_—_1525 Locust Street, 19" Floor Attorney No, 54820 Philadelphia, Ps 19102 36 Timber Knoll Drive 215-772-1000 ‘Washington Crossing, PA 18977 fomline@iklinespecter.com (215) 353-8984 shorles beoken ecter.con nihgel trunlk@klinaspocte hamilfonO2@o0l.com orn wiliams@elinespevter.c JEFFREY P, FRITZ, ESQUIRE Soloff & Zervanos, P.C. rej Ser Pesan COT Attomey No. 78124 1525 Locust Street, 8" Floor Philadelphia, PA 19102 Counsel for John Doe A (215) 732-2260 Goaazoom '73110319500128 Pennsylvania Manufacturers’ Association COURT OF COMMON PLEAS Insurance Company, {PHILADELPHIA COUNTY, Plaintiff, PENNSYLVANIA Pennsylvania State University, CIVIL ACTION NO. 004126 and JANUARY TERM, 2012 John Doe A Defendants. JOHN DOE A’S ANSWERS TO THE FIRST SET OF INTERROGATORIES OF PENNSYLVANIA MANFACTURERS' ASSOCIATION INSURANCE COMPANY John Doe A, by and through his undersigned counsel, hereby responds to Pennsylvania ‘Manufacturers’ Association Insurance Company’s Flist Set of Interrogatories as follows: Case ID: 131103195 Control No.: 14102263 GENERAL OBIE ONS John Doe A hereby objects to the interrogatories of said Plaintiff to the extent they exceed the requirements and/or scope of the Pennsylvania Rules of Evidence, the Pennsylvania Rules of Civil Procedure and/or the Case Management Order entered in this ease, All responses are subject to and without waiver of these objections, Each and every allegation contained in Plaintiffs’ Complaint is ineoxporated herein by reference as if set forth in full, The information contained in one interrogatory answer herein is incorporated by reference into each and every other interrogatory answer, to the extent applicable, John Dee A reserves the right to amend or supplement his responses as additional information becomes available. RESPONSES 1. John Doe A’s Date of births |, 1982. 2, John Doe A was first abused and/or molested by Gerald Sandusky in Februaty of 1992. For further information, please see the John Doe A Complaint. KLINE, & SPECTER A Professional Corporation By: THOMASR XI CHARLES L. BECKER, ESQUIRE. MICHAEL A. TRUNK, ESQUIRE DAVID C. WILLIAMS, ESQUIRE 1525 Locust Street, 19” Floor Philadelphia, Pa 19102 215-772-1000 Date: Case ID: 131103195 Control No, FILED 12 JAN 2015 04:15 pm Civil Administration Bre He HENS: IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE ‘COMPANY, Plaintiff, vs No. 004126 THE PENNSYLVANIA STATE UNIVERSITY and JOHN DOE A, Defendants. VOLUME 2 DEPOSITION OF MARGARET JANOWIAK, a witness herein, taken in accordance with Pennsylvania Rules of Civil Procedure No. 4007.1, by and before Dutcheen 0. Cameron, Registered Professional Reporter and Notary Public in and for the Commonwealth of Pennsylvania, at the Country Inn & Suites, 1357 E. College Avenue, State College, PA, on Friday, dune 13, 2014, at 9:08 a.m. Page 217! Case ID: 131103195 Control No.: 14102263 io n 12. 13 4 4s 16 47 18 19 20 21 22 23 24 Page 290 coming from. MS. KORNFELD: Is or isn't? THE WETNESS: That PMA would not respond to that claim because it wasn't brought in a suit. MR. GAGNE: That's her answer MS. KORNFELD: Can you mark that, because we're going to have to clarify it. (Question Marked For Review) MS. KORNFELD: Can we go off the record for a minute? MR. GAGNE: Yes. (whezeupon, a brief recess was taken.) BY MR. GAGNE: Q. After you've consulted with your attorney do you wish to clarify your prior answer? A. Yes, I would like to clarify because that -~ now that it okay. In practice, PMA when presented with a claim, no matter in what format that claim comes about, has never not defended us in that matter. Q. Even if no lawsuit was filed, they would hire defense counsel for you? Case ID: 131103195 Control No.: 14102263 page 291 | 1 A. If a particular claim warrants that type of f 2 situation, yes j 3 okay. And do you know who determines whether | 4 the pacticular claim warrants retention of defense I 5 counsel? | ‘ A. I would have a discussion with PMA clains 7 personnel. Generally the claim supervisor. 8 Q. I want to go back to the subject of 9 investigation. You said that the investigation of 10 these individual claims was done by Saul Ewing? is 11 that correct? | 12 AL And general counsel and Feinberg Rozen. 13. Q.._ You believe that the Feinberg Rozen’s I 14 activities can be characterized as investigation of 15 the claims? | 16 MS. KORNFELD: Objection? vague, calls | 17 for a legal conclusion, lacks foundation | 18 WR. GAGNE: Well, she said it, so I'm | 19 trying to find out why she believes it | 20... To the -- well, to the extent ~~ 22. «OA. To the extent that they were getting | 23. information from the plaintifé. 24 BY MR. GAGNE: | Case ID: 131103195 Control No.: 14102263 Lets 28, 2019 Mr, Todd Brubaker, SCLA Regional Claims Manager» bility and Veopesty Cis PMA Companies 2S Grandview Avenue ‘Carp HLPA 17011 Dew at. Brobaker {Ve write with espest a amounts due to Pen Sto from PIA fort ‘ann aguas Po Sate fo ry sulTre In eomnetion wih Jey Sandshy. With respeet © ci aja oes Po Stele S1,540,41443 i lens a verity exper 483 fet more fully below. “With respect to inderaity, as we have Kept PMA sopized throught the feiiation Dong Ste wo the claimants have worked though Feinberg Rozen to eben form a rei theca epsna he University. Alooy hotels, ater earful consideration of ‘rarer galore By and provided in Porn Sai in connection with de Facilitation, the stcand the Rgrliea rks anal with golng-forvard with hit mater, and based open Feoee erpcndotions of bois Feinberg Ravan and on Sates defense counsel, Seu Ewing, resehchas detrmines shat ie ane i (AAI eens 9 necessary and rete setloment amount, Plea tao be vise thal this seitlenrem resulta Fom “TRpan ngolotions ante feator es inforve He Sats thet bed won os satveons ts anno celle the most Favor getement ot Pen State gould have tshgvs eid of Iiigalion with respect sim against the Universy tnctuded wi thie Teer is the execnted settemnct greement between Penn Sta «+ stomsch, touch him end engage in oral sex with Sandusky artampied anal sex in the shower on one oscasion whet as eleven or twalve years ol, bot wade him stop “Sayed over at Sandusky’ home over one bundced times over a period ofa few years, 1B, Summary of Injuries and Damages complaint enumerates damages including “gre paia of mind and body, tock, emotional disiess, physical manifestations of emotional distress, embarrassment, loss of self fsttom, dsgnice, bumilston, and a Joss enjoyment of life . . . loss of earnings and earings tepecity, andlor... medical a! psychological treatment, therapy, and counseling” + counse] has submitted a leuglhy report completed by - report detalls Ds, ‘opinions regerdiag his diagnoses of condition and the ‘reatnent ‘will requure, as well as conclusions that sageged in “prcoming” activities with ‘Specifically, ‘dlagoosed wth obronic post-renmatic Seow disondee, moderate mejor depressive disorder, act opiate dependency. His symplcsas, Which opines aise from or in respense fo Sandusky's abuse, inode persistent anxiety and distress, mists of others, dissociation, and substance abuse. 2 MEDIATIONSETTLEMENT COMMUNICATION SUBJECT TO ALL POTENTIALLY "APPLICABLE SETTLEMENT AND MEDIATION PRIVILEGES Toe Case ID: 131103195 Control No.: 14102263 seeommends the following treatment as elfher necessary or reasonsbly likely to be ‘necessary: earolluent in a detoxication progran to addsess his substance abuse; intensive payehotherapy for at east the next thee to five years; group therapy for adalt survivors of abuse for five years; peyeblatic hospitalizations, as ueeded, addiction psycbistcycounseling for the text ovo fo ive years; couples tbeapy for five years; post-adsition psychological evaluation, das suffered pain, suffering, and opines that even very conservative 4s likely to excced §15-20 million D ‘opines that in adation tothe foregoing, Joss ot quangy of Ife. In light of all these costs, cextimetes for care for 8 person ina position ike Bey Factual and Legal Issues ey focal issues to establishing oF defending'lsbiity ao the part of the University are ‘whether Sendasky sexcally abuced ‘whether the University koew or should have known bout Ie or abuse of earlier victims, if aay: and the location of and timing of the alleged ects of abuse, Key legal isues ace she starts of linitations and notice, os all abuse predates 1998 and ,cheuld be barred by the stats of limitations. Beyond shat, legal isues ace whether ‘Seadsiy’s aloged abuse was foreseeable, whether the Univesity can be liebe for acs of abuse that occmred outside of Univesity prope, whether Sandusky was acting within the scape of tis employment wbea he commited the acts of alleged abase, whether the Usiversity acted ttareasonably or wolessly ia is hiring and eopervsion of Sandusky, whet dory Gf any) the Univesity oved to ‘what representations Gif any) the Voiversity made te ad if ltr repetenttions were made, beter those representations were made while blag negligent st hie trl or falsity, [Note in particular that < attomeys are crusaders to extend the statute of Timitatons ia childhood sbuse eases, and they intend to aggressively parsve that issue ia ase. 1 Experts hs cbiaiaed a psychological evaluation from Dr. A sunmery of 's evaluation appears above. The University bas retsined Barbara Ziv, MD. @ psyebologit specializing in childhood sexual abuse, as én exper. As reported prior to cettement ‘oning various biweekly update calls with the inssraace carers, Dr. Ziv hes examined ruaterals submitted by and finds ‘yery credible and believes be was meaningfelly harmed. If the cate goes to tral, addtional experts may be necessary to establish damages, the University’s duty of care and ibe reasonableness of the University’s conduct J... Current Settlement Demand + tetlement demand is $3.2 millon, with Feinberg now advising that be thinks the case eould sett for between $1 and $1.5 raion. & MEDIATIONSSETTLEMENT COMMUNICATION SUBJECT TO ALL POTENTIALLY ‘APPLICABLE SETILEMENT AND MEDIATION PRIVILEGES Case ID: 131103195 Control No.: 14102263 L. _Bvaluation of Counsel counsel, is a highly experienced and seasoned tial Inoryer. He ‘nas also tamed up wih adhough we expect this allance to change if and when seltlenents are reached with slienis, + MEDIATIONSETTLEMENT COMMUNICATION SUBJECT TO ALL POTENTIALLY APPLICABLE SETTLEMENT AND MEDIATION PRIVILEGES Case ID: 131103195 Control No.: 14102263 Kleinbard Bell©Breckeru Bam @.Gaone Nl Dir 5.935102 Eebeusby 27,2013, Ya. Linde Korafeld, Boquire Ferner & Block, LLP 4633 West 5® Street, Suite 3600 Los Angeles, CA $0071 RE; PMA response to PSU's request for valuation of Sandusky wifes claims Deer Linda: “Aneet forth in our e-mail of Pebruary 21,2013, PMA has reviewed the inforsastion thet ‘has been sapplied to It by and on behalf of PSU and is prepared to provide fo PSU its viet on Petre prepeeodeetlement offer (othe individaal Sandusky claimuts, to the extent that PO Rae Pres that it possesses sufficient information todo s0. FMA fas not yet lad an opportnity {fo fly sects the additional information provided tit onthe alteroon of February 26, “With respect to the following claimants, there sxe significant discrepancies between PSU's proposed offer aod PMA's View ofthe reasonable value of the sims; “these dicerepancies may renult from incomplete information or other factors, In order to atempt to resolve those dssrepencies, PMA belies that it would be heii to father confer anion O'Des, In oéer to more fully snelyze these clsims and io do 30 expeditiously, we pote that aracetng take place tomorrow, Februry 2, ia PMA"s Ble Bell office, J rredible, We will reach out to his cogarding tho proposed meating immedistely alter Crenomsion of dis eter to yo. ‘the following clims, to th best of PMA’s knowledge, ae bare By the steits of sinations: eee yorenSisinbardom, | Ore bay Pa 46" Poe TerGaTOR Mionagsthacoe | x50 Maier Sueet He ‘Tenathongs | Pade Peete 03 wneesbaskcom ic PLB Case ID: 131103195 Control No.: 14102263 Kleinbard Bell OBreckerus Linda Kornfeld, Bs. Febcuary 27,2013, Page2 PMA places no value on the ebove time-barred claims. PMA does concur with PSU's ‘determination, based on presently avallabi information, that ao settlement offer should be made tc Wiliam Lacey and Sharzont Sepp. PMA has reviewed the following claims end believes tat the following represent the range of reasonable seflement offers, based on the information provided tous as of February 25, 2013: '$50,000-8100,000 $1,000,000 '$5,000,000-86,000,000 $$104,000-$200,000 '$100,000-$200,000, '80-§200,000 $1,$00,000-53,000,000, $4,500,000 850,000-$100,000, ‘Based on preseatly available information, PMA believes thet any settlement offers in ‘excest of the upper limit ofthese ranges would nat be ressonble. PMA possesses insufficient information to form any view as tothe value of the following claims: ohn Doe (Federal civil rights claim) ‘Viewm #8 (roan Case ID: 131103195 Control No.: 141022 Kleinbard Bell Brecker» “Linda Kornfeld Boa. February 27,2013 Page 3 In light of PSUs deterzintion that no offer should at prosent be PMAChaa not evalueted this claim, PMA hs also not eyslunted the new oleisa which 48 just reported to PMA on February 26, 2013, the lain of ‘The foregoing is with fll veservation of any anda rights of PMA. with respect te this tater, including but not limited to detecmiaation ofthe tnappliceblity of any Policy issued to PSU by PMA and PMA’ defenses with respect to any demands by PSU for coversgo of any claims by elleged victims of Senusky. POGhamt est Case ID: 131103195 Control No.: 14102263 Kasowtrz, Bunson, Tomes & FrrspMan ue September 16,2013 ‘VIA ELECTRONIC MAIL, Steven Bnglemeyer, Eso. ‘Klelabard Boll @ Bocker LLP Liberty Pace, 46% Floor 1650 Masket Steet Philadelphia, PA 19103, Re: Benn State Coverage Dispute Dear Steves ‘ss explained inthe email I sent you on September 13,2013, this iso fnfom you that a to each individual claimant who hes alleged injury as a result of inappropriate conduct by Jerry Sandusky, Penn State intends to purnie coverage under those policies inoftest during th dates ‘wrongfil conduct specific o exch fndividua ‘Tersfoe, in eonnenton with Doe A v. The Second Mie, et al. (e “Doe A Acton ean State sell pot pum. coverage under any policies issued by PMA after 1996, including COL Polity No. 300401-67-36-085, issued by PIA Tor the Mare 1, 2008 to March 3, 2005 polay your, Peon State's decision to narow its demand for coverage in the Doe A Action 0 the Sears 1991-96 fs bused on the slleiont of tbe complint ia that action, as vell ss the Supporting Sociientetion provided by Doe A ak part af ie feiliiton process. Taken Sgeher, ihose documents suggest tat Doe A bad allegedly improper iteectons with Jemy Sanduscy ny between 1991-1996, and not im any subsequent years, Should addons infomation be ‘obtained by or presented 1 Pean State that modifies te relevant time period esto Doe A, Penn Sat eserves ts ight to modify is postion regarding the policies that are triggered by Doe As allegations 7 ) Sinoerel i “DerOsmON A. iT wo). QU ite | Cis Rneni Case ID: 131103195 Control No.: 14102263 FILED > 12 JAN 2015 04:15 pm Fy CC Civil Administration Lb. OWENS Janowiak, Margaret Janowiak, Margaret Thursday, April 10, 2014 400 PM Sallyznne_Donovan@pmagroup.com ce: LKomnfeld@kasowitz.com; ‘pgagne@kleinbard.com Subject: Reimbursement of Incurted Legal Fees Attachments: Gagne - PMA defense costs,pdf FR pdf Sallyanne, want to discuss procedural issues that we are confronting with respect to PMA's request that all Saul Ewing bills be processed through PMA’s LBA application, Lam Informed that as to past bills, already paid by Penn State, the submission process to the LBA application is very challenging and we are not yet sure the extent to which iteven is reasonably possible to now submit those bills through that system. tis my understanding Saul Ewing must re-create the invoices as if they were never paid by Penn State in order to submit them through the LBA application. These “new” invoices will create adcitional hurdles for Saul Ewing’s accounting department. This is not to say it can’t be done but its becoming more challenging and burdensome then maybe all thought the process would involve. To avoid unnecessary burden and expense, | ask that PMA agree to reimburse the past bills based upon the paper copies that | sent to Todd Brubaker last September. As to those bills, may I suggest that PMA simply multiply the hours billed per timekeeper on the previously submitted bils by the agreed hourly rate per your letter of March 19, 2012 and Issue reimbursement checks. With respect to going forward bills, lam informed that additional hurdles presently exist for submitting those bills to the LBA application. Specifically, | understand that the system is not yet set up from PRAA’s end to accept bil for the claims that PMA has agreed to pay for ongoing defense on those particular matters. Thus, | suggest that we coordinate ‘a conversation between those at both PMA and Saul Ewing with technical knowledge of the submission process to make sure that both sides confer and understand the submission process to avotd going-forward Issues. Please let me know when you can discuss and how you would like to proceed. Lastly, [have attac‘ed Felnberg Rozen’s letter of engagement and invoices per your request. Thank you. Sincerely, Peg Margarot Janowiak Claim Manager The Pennsylvania State University Risk Management Office 227 W. Beaver Avo, Suite 103 State College, PA 16801 Direct: 814-869-5539 @ “his message (including any attachments) contains information intend for a specifi invuals} and purpose that may be privileged, confidential or otherwise protected from diclosure pursuant to appicebl aw. Any nappropiste ws, cisibutin or copying ofthe message Stet prohibited and may subject you to criminal or cul penalty. you have received this transmission in err, please reply to the sender incicating this eer and delet the transmision from your system immediately c Case ID: 131103195 Control No.: 14102263 Janowi jargaret Janowiak, Margaret Friday, February 14, 2014 10:03 AM Sallyanne_Donovan@pmagroup.com Gary W. Langsdale (GWL3@psu.edu) Subject: RE: Defense bills - Saul Ewing. 2/14/14 ‘thankyou, Sallyanne. 1d want to speak with you as had a few questions, do you have some time next week? Pee From: Salyanne Donoiién@pmacroup.com (malte:Salyanne Denovan@omagroup.com] Sent: Friday, February 14, 2014 9:18 AM To: Janowiak, Margaret; Langsdale, Gary Subject: Defense bills - Saul Ewing. 2/14/14 HiPegiGary \We recently sent you responses to your requests for defense an indemnity of certain mattrs related the Sandusky claims. in those letters, PMA advised that we wil accepting payment for reasonable defenses costs associated with Saul Ewing's involvement in those matters. “This is ust a reminder that all such bls must be submited thru LBA for review and processing thank you Sally +++ The information contained in this e-mail message and any attachments transmitted with it are private, are intended solely forthe use ofthe individual or entity to whom itis addressed and may contain confidential and/or privileged material, If you have received this e-mail message in eror, please immediately notify the onder by reply e-mail and delete the message. You should not print, copy, tansmit, or otherwise disserninate aan nforateow contained in this e-mail message. Any use ofthis information other than by the intended recipient is prohibited. ** 1 Case ID: 131103195 Control No.: 14102263 Margaret Janowiak, Margaret Monday, May 5, 2014 5:49 PM 'Sallyanne_Donovan@pmagroup.com’ "LKornfeld@kasowitz.com 'pgagne@kleinbard.com’; jodea@saul.com RE: Reimbursement of Incurred Legal Fees Sallyanne, during Kurt Schuhl's deposition the Issue was raised about how can we move forward with the processing of invoices from Saul Ewing. My focus right now is on the following cases ‘Saul Ewing is getting ready to bill their April's Invoices and we would really like them to be submitted through the LBA system. As to the invoices already pad by Penn State wherein we seek reimbursement, we ‘can discuss that process as well but my primary focus right now is the invoices going-forwerd. Let me know when you wauld have some time to speak over the next two days. Look forward to speaking with you, Pez Margaret Janowiak Claim Manager ‘The Pennsylvania State University Risk Management Office 227 W. Beaver Avo, Suite 103 State College, PA 16801 Direct: 814-863-5539 ) ‘This message (eluding any attachments) contain information intended fora speci Individuals) and purpose that maybe prveged, confidential of otherwise protected from dlciosure pursuart to applicable lw, Ary inappropriate use, distribution or copying of the messone Is ftrletly prohleted and may subject yout eriminal or eivil peralt. if you have receved ths transmission in error, please ceply to the sender indicating this eror and delete the transmisslon from your system immediately. From: Janowiak, Margaret Sent: Thursday, April 10, 2014 4:00 PM To: Sallyanne Donovan @pmagroup.com Co: LKomfeld@kasowitz.com; 'pgagne@kleinbard.com’ Subject: Reimbursement of Incurred Legal Fees sallyanne, | want to discuss procedural issues that we are confronting with respect to PMIA’s request that all Saul Ewing bills be processed through PMA’s LBA application. | am informed that as to past bills, already paid by Penn State, the submission process to the LBA application Is very challenging and we are not yet sure the extent to which it even Is reasonably possible to now submit those bills through that system. It is my understanding Saul Ewing must re-create the invoices as if they were never paid by Penn State in order to submit them through the LBA application, These “new” invoices will create additional hurdles for Saul Ewing's accounting department. This is not to say it can't be done but itis becoming more challenging and burdensome then maybe all thought the process would involve. To avoid unnecessary burden and expense, | ask that PMA agree to reimburse the past blls based upon the paper copies that | sent to Todd Brubaker last September. As to those bills, may | suggest that PMA simply multiply the hours billed per timekeeper on 1 Case ID: 131103195 Control No.: 14102263 the previously submitted bills by the agreed hourly rate per your letter of March 19, 2012 and issue reimbursement checks. With respect to going forward bills, !am informed that additional hurdles presently exist for submitting those bills to the LBA application. Specifically, | understand that the system Is not yet set up from PMA’s end to accept bills for the claims that PMA has agreed to pay for ongoing defense on those particular matters. Thus, | suggest that we coordinate a conversation between those at both PMA and Saul Ewing with technical knowledge of the submission process to make sure that both sides confer and understand the submission process to avotd going-forward issues. Please let me know ‘when you can discuss and how you would ke to proceed. Lastly, Ihave attached Feinberg Rozen's letter of engagement and invoices per your request. Thank you. Sincerely, Peg ‘Margaret Janowiak Claim Manager The Pennsylvania State University Risk Managoment Office 227 W, Beaver Ave, Suite 103 State College, PA 16801 Direct: 814-863-5539 © “This mesiage [hctuding any attachments) contains information intended fora specfic individual(s) and purpose that may be privileged, confidential or otherwise protected from decosbre pursuant 10 plicable ow. Any inappropriate vse, dstetbution or copying of the message is Steely prohibited and may sublect you to criminal or cv penalty. If yoU have received this transmission In eror, please reply tothe sender Indicating ths eror an delete the transmission from yout sytem Immediately. 2 Case ID: 131103195 Control No.: 14102263 nowiak, Margaret From: Janowiak, Margaret Sen Monday, May 12, 2034 9:23 AM To: Sallyanne,Donovan@pmagroup.com c jodea@saulcom Subject: ‘Saul Ewing Invoices Sallyanne, This email confirms the élscussion points from our conference call regarding the handling ofthe Saul Ewing legal Invoices, 4. Youare going to contact Todd Brubaker and obtain the paper invoices submitted with PSU's request for reimbursement on the settied ‘cases and confirm the listing of cases that PMA has accepted defense going-forward, 2. twill provide any paper coples of invoices not included in PSU's request for reimbursement on the settled cases 7" wel as for the cases not settled wherein PMA has accepted the defense on these matters. 3, PMA will review and audit the paper invoices already submitted. You and | will discuss the outcomes. 4. PMA and Saul Ewing will have their technical folks speak with each other so Saul can process thelr invoees fon the going-forward cases through the LBA system. ‘Let me know if his is not your understanding. Thank you agein for PM's agreement to work with Penn State and Seu Ewing on these defense invoices. Penn State continues to reserve its rights for coverage under any and all PMA polices Margaret Janowiak Claim Manager ‘The Pennsylvania State University Risk Management Offlee 227 W. Beaver Ave, Suite 103 State College, PA 16801 Direct: 814-863-5539, @ “hismessage clung any attachments) contains information Intended fora spec indiduas and purpase that may be reget, aaa enone protected rom dsclsure pursuant to applicable a. Any inappropriate use, detbution or copying ofthe message I+ caret ened and eney alec yout nial oe pena. 1 you have reeled this tanaission net, pleas rely tote sender incleating this error and delete the transmission froma your system immediate. 1 Case ID: 131103195 Control No.: 14102263 Janowiak, Margaret Fro Sallyanne_Donovan@pmagroup.com Sent: Tuesday, May 6, 2014 1:34 PM To: Janowiak, Margaret Ce: jodea@saul.com; 'LKornfeld@kasonitz.com’; 'pgagne@Kleinbard.com Subject: RE: Reimbursernent of Incurred Legal Fees Peg Hi. sorry for the delay .. are you available this afternoon for @ call? if so, wha time works for you ? lel me know and thank you sally From: _ anova, Marge asta Cone, “pdspreeinard com” sallyanne, during Kurt Schuhts deposition the issue was ralsed about how can we move forward with the processing of invoices ‘rom Saul Ewing, My focus right now ison the following cases — Saul Ewing Is getting ready to bill thelr Apri's invoices and we would really ike them to be submitted through the LBA system. As to the invoices already paid by Penn State wherein we seek relmbursement, we can discuss that process as well but my primary focus right now Is the involces golng-forward. Let me know when you would have some time to speak over the next two days. Look forward to speaking with you, Peg ‘Margaret Janowiak Claim Manager ‘The Pennsylvania State University Risk Management Office 227 W. Beaver Ave, Sulte 103 State College, PA 16801 Direct: 814-863-5539 CS) “his mesage icing any atehent) elas rorton tended fr asec] nd rapes that ay be peed conden athene protected from Tabor Sasuonttoupplrt law. sry noppopte ose, Staton coying ofthe mexage sly preibed anday sfc you to cipal vl pent. HOH ave received ossion met, le rp othe sensor nla theo dite he tras tem your spsteminnedst Sent: Thursday, April 10, 2014 4:00 PM To: Sallyanne Donovan@pmegroup.com Ce: LKornfeld@kasowitz.com; ‘pgegne@kleinbard.com’ 1 Case ID: 131103195 Control No.; 14102263 ‘Subject: Relmbursement of Incurred Legal Fees sallyanne, | want to discuss procedural issues that we are confronting with respect to PMA’s request that all Sau Ewing bills be processed through PMA'S LBA application. {am informed that as to past ils already pad by Penn State, the submission process to the LBA pplication s very chellenging and we are not yet sure the extent to which it even is reasonably possible to naw subret those bls through that system, It smy understanding Saul Ewing must re-create the invoices asf they were never pad by Penn State inorder to submit them through the LBA application, These “new” Invoices will ceate additional hurdles for Saul Ewing's accounting ‘department. This isnot to say it can't be done but its becoming more challenging and burdensome then maybe al thovght the process would involve, To avid unnecessary burden and expense | ask that PMA agree to reimburse the past bil based upon the oper coples that sent to Todd Brubaker fst September. As o those ils, may suggest that PMA simply multiply the hours billed per timekeeper on the previously submitted bil by the agreed hourly ate per Your letter of March 19, 2022 and issue reimbursement checks. ‘With vespect to going forward bils, lam informed that aeitionel hurdles presently exist for submitting those bil tothe LBA zpotcation, Specialy, | understand thatthe system isnot yet set up from PMMA's end to accept bls forthe claims that PMA har agreed to pay for ongoing defense on those particular matters. Thus, | suggest that we coordinate a conversation between thosest both PMA and Saul Ewing with technical knowledge of the submission process to make sure that both sides confer and inderctand the submission process to avold going-forward issues. Please let me know when you can discuss and how you would like to proceed, Letly, | have attached Feinberg Rozen’sleter of engagement and invoices per your request. Thank you. Sincerely, Peg, Margaret Janowiak Claim Manager ‘The Pennsylvania State University Risk Management Office 227 W, Beaver Ave, Suite 103 State College, PA 16804 Direct: 814-863-5539 © ‘isnseg cling ny tc) contin noraton nerd fra spe ie land purport my be lege, conferees protected rom ai ton kay spoptt we bron or exyig of heresies ty probed andy sabe you tonal pena. Hu Fac craton neon lo Fepr athe sender ndetng hs tor and dle te transi fom your stem este. 4 The information contained in this e-mail message and any attachments transmitted with it are private, are intended solely for the use of the individual or entity to whom it is addressed and may contain confidential and/or privileged material. If you have received this e-mail message in error, please immediately notify the ‘sender by reply e-mail and delete the message. You should not print, copy, transmit, or otherwise disseminate the information contained in this e-mail message. Any use of this information other than by the intended recipient is prohibited. ** 2 Case ID: 131103195 Control No.: 14102263 Janowiak, Margaret From: Saliyanne Donovan@pmagroup.com Sent: Wednesday, May 7, 2014 10:37 AM To: Janowiak, Margaret Subject: RE: Reimbursement of Incurred Legal Fees HiPeg | ean do 2pm 7 fs that good for you . am in meetings the rest of the day after 2:45pm . | am here tomorrow as well and look open until dpm .. Let me know sally From: *lanoofok Margaret” Stbjcc, RE Reimbursement of rere Lega Foes Sallyanne, Lam sorry | was not able to response to your ema earlier, can we arrange something tomorrow? Peg Margaret Janowiak Claim Manager ‘The Pennsylvania State University Risk Management Office 227 W. Beaver Ave, Suite 103 State College, PA 16801 Direct: 814-863-5529 @ “mesg ning anathema Infrmation nerd for a pectin) a purpose at may be peace others preted ion Facute pesven spot lw. Bry nappa su, coping! he msiage sly pened and may le you torn oe Dena yee ae recehes hs traamison err, leat rep othe sender nating hs evo anclete he anion om our ster ine. From: Sallyanne_Donovan@pmegroup.com [malte;Sallyanne.Donovan@pmearoup.com) Sent: Tuesday, May 6, 2014 1:34 PM To: Janowiak, Margaret Ce: jodea@saul.com; 'LKornfeld@kasowitz.com; ‘pgagne@kleinbard.com! ‘Subject: RE: Reimbursement of Incurred Legal Fees Peg Hi. sorry for the delay .. are you available this afternoon for a call 7 Iso, what time works for you ? let me know and thank you 1 Case ID: 131103195 Control No.: 14102263 Sally From: tanoxot, Margaret te yanne_Bonoranddpmaprowp.ean™ ce rafedikavonta com «LKonilo@lasoele.con>, "egagno@lletor cow” , odeaMsaul com” Jo.” *Salyanne.Dorosaniapnagreon can Dele sayaran# cata a Satie: Relnbureeront of dfansa cost Sallanae Doncyarinmasio.con>, iiSallyanne—when we lst spoke thought | would have received a check from PMA for reimbursable defense cost last week; can You advise when this check will be sent out? Thanks, Peg Margaret Janowiak 1 Case ID: 131103195 Control No.: 14102263 Claim Manager Tho Pennsylvania State University Risk Management Office 227 W. Beaver Ave, Suite 103 Stato Collogo, PA 16801 Direct: 814-863-5539 @ thiseesee acdng ary atschets conan Infermatisnniended fora sp hiss] a owore hat maybe rvegd, conde ober rected em Fare sace to taplcri ow. ry nporopiote cre, datshtan coping ef he eels iy gre and ay bet yuma orci eral. MyoW Seeds taamion cron lose eal othe sender nating ts ever a6 dete te atunsin fom our stem neds. ‘4 The information contained in this e-mail message and any attachments transmitted with it are private, are intended solely for the use of the individual or entity to whom it is addressed and may contain confidential and/or privileged material. If you have received this e-mail message in etvor, please immediately notify the sender by reply e-mail and delete the message. You should not print, copy, transmit, or otherwise disseminate the information contained in this e-mail message. Any use of this information other than by the intended recipient is prohibited. ** 2 Case ID: 131103195 Control No.: 14102263 Janowiak, Margaret From: Janowiak, Margaret Sent: ‘Tuesday, October 28, 2074 12:49 PM To: 'sallyanne_Donovan@pmagroup.com’ ce: Kurt Schuhi@pmagroup.com; Stephen_Kibblehouse@pmagroup com, Scott Hatrar@pmagraup.com; Todd_Brubaker@pmagroup.com Subject: RE: Reimbursement of defense cost 10/28/14 Sallyanne thank you for the update - Peg Margaret Janowiak Claim Manager ‘The Pennsylvania State University Risk Management Office 227 W. Beavor Ave, Suite 103 State College, PA 16801 Diract: 814-863-5599 © This message (lacing any attachments) contains Information intended fo a speci indvduals) and porpose that may be prvleged, Confidential or atherwise protected from daclocure pursuant to applicable law. Ary Inappropriate use, elstelbutlon or copying ofthe messane Is Stele prohibited and may subject you to criminal or cul penalty. Ifyou have received ths transmision in error, please reply to the sender Indicating this eror and delete the transmission trom your system immediate From: Sallyanne_Donovan@pmagroup.com (mailto:Sallyanne_Donovan@pmagroup.com] Sent: Tuesday, October 28, 2014 12:13 PM To: Janowiak, Margaret Ce: Kurt_Schuhl@pmagroup.com; Stephen_Kibblehouse@pmagroup.com; Scott_Hetrar@pmagroup.com; ‘Todd_Brubaker@pmagroup.com ‘Subject: RE: Reimbursement of defense cost 10/28/14 Pog | apologize for not getting back to you right away . | was oul of the office yesterday . Altached please find a letter concerning PMA's review and position on the SE bil thru 4/18/2014 as well as a copy of the referenced Excel workbook. ‘The check for the amount noted in the letter willbe in mail by tomorrow with hard copy of the letter thank you sally 1 Case ID: 131103195, Control No.: 14102263 From: *anonfek, Margaret” ucu4e@masse> For" “Satyanne, onorend@pmaprovp. com

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