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HomeMy WebLinkAbout07-1495\J Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff DUNNA PUNK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Address: 1603 Hummel Avenue Camp Hill, Pa 17011 vs. PEERLESS INSURANCE COMPANY No. Address: 275 Grandview Avenue Camp Hill, Pa 17011 CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above action against the above Defendant. The Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff for service on the Defendant Peerless Insurance Company. Metzger, Wickersham, Knauss & Erb P.C. Edward E. Knauss IV Esquire ?ignature of Attorney 3211 North Front Street Supreme Court ID NO.: 19199 Harrisburg, Pennsylvania 17112 (717) 238-8187 Date: March 13, 2007 373335-1 p b d 33 O nzJ a ? r c- +C w 77 N J? -G OV, Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff DONNA FUNK, Plaintiff Address: 1603 Hummel Avenue Camp Hill, Pa 17011 vs. PEERLESS INSURANCE COMPANY Address: 275 Grandview Avenue Camp Hill, Pa 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D 7 - I Y9,S 6't tj Lam .. CIVIL ACTION LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIF S) HAS V OMMENCED AN ACTION AGAINST YOU. Pr o' nota Date: 62 as - k I a o Q7 by 373335-1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of David L. Schwalm of Thomas, Thomas & Hafer, LLP, for Defendant Peerless Insurance Company. THOMAS, THOMAS, & HAFER, LLP David chwalm, Esquire Attorney I.D. No. 32574 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Date: April 3, 2007 (717) 255-7643 CERTIFICATE OF SERVICE I, David L. Schwalm, Esquire, attorney for the law firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record in the manner and on the date set forth below: Via Regular Mail: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 THOMAS, THOMAS & HAFER, LLP Dated: April 3, 2007 David L. S walm, Esquire 492328.1 C7 a O -TI rt 7-31 1 ; (D SHERIFF'S RETURN - REGULAR CASE NO: 2007-01495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FUNK DONNA VS PEERLESS INSURANCE COMPANY JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon T)7WVT.T: QQ TT\TQTTT?a'NTC`R ("OMPAMV the DEFENDANT , at 1230:00 HOURS, on the 22nd day of March , 2007 at 275 GRANDVIEW AVE SUITE 300 CAMP HILL, PA 17011 by handing to DEBORAH WALLACE, CLAIMS CLERK, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Postage .39 Surcharge 10.00 .00 C? 3/30101 v' 42.79 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/27/2007 METZGER WICKERSHAM By: (Aa&A De 'ut Sheriff A.D. s . - 4& IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of W. Darren Powell, Esquire of Thomas, Thomas & Hafer, LLP, for Defendant Peerless Insurance Company. D ate: FI;61n TOGM .% THQM99WRA R, LLP W. en owe , squire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant i ' v CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a paralegal for the law firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record in the manner and on the date set forth below: Via Regular Mail: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 Dated: 9/5107 THOMAS, THOMAS & HAFER, LLP ilh 9.0 ..a 30 4Cn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully Submitted, & HAfFER. LLP BY: 11,3117 Date: // Attorney I.D. No. 68953 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 546144.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. RULE TO FILE A COMPLAINT TO: Donna Funk, Plaintiff Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 AND NOW, this day of , 2007, a Rule is hereby issued upon the Plaintiffs to file a Complaint herein within twenty (20) days after service hereof, or suffer the entry of a Judgment of Non Pros pursuant to Pa.R.C.P. 1037(a). Prothonotary CERTIFICATE OF SERVICE I, Nora A. Starnes, a legal secretary with the aw firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record in the manner and on the date set forth below: Via First Class Mail: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 Dated: November 13, 2007 Nora A. Starnes, Legal Secretary ?• ` - Y + rn N N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Civil Action Law Plaintiff, No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. RULE TO FILE A COMPLAINT TO: Donna Funk, Plaintiff Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 AND NOW, this _[? day ofMoL) ,Q-, 2007, a Rule is hereby issued upon the Plaintiffs to file a Complaint herein within twenty (20) days after service hereof, or suffer the entry of a Judgment of Non Pros pursuant to Pa.R.C.P. 1037(a). C o '. r33 tv ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of the letter dated November 30, 2007 and executed by counsel for Plaintiff, indicating no objections and waiver of the Notice of Intent is attached to this Certificate; 3. A copies of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOMAS THOMAS & HAFER, LLP W. Darren Powell, Esquire , livf I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Date: / j? p Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stuart A. Hartman, D.O., Hartman Rehab Associates, 2501 North Third St., 3`d Floor - Landis Building, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, laboratory studies, etC., for treatment rendered on behalf of Donna Funk: d/o/b: 02121/60 ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: i.4 Seal of h Court " P. othonotary/Clerk, Ci ' Division 1?1?. v "'-a' [)? Deputy j '-T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PA Counseling Services, 350 North Sixth Street, Lebanon, PA 17046. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, laboratory studies, etC., for treatment rendered on behalf of Donna Funk d/o/b: 02/21/60 ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: /A&/6 Seal of t 6e Court IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Counseling Services, 445 Gettysburg Pike, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, laboratory studies, et(,,., for treatment rendered on behalf of Donna Funk: d/o/b: 02/21/60 ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: (j D Seal o the Court yC . othonotary/Clerk, Civil I?ivision ??. Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS. FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Richard M. Seldow, D.C., 431 Bridge Street, New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes diagnostic studies, writings, correspondence, laboratory studies, etc., for treatment rendered on behalf of Donna Funk; d/o/b: 02/21/60 ssn: 206-52-9298. at: Thomas Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal o t 6e Court hothonotary/Clerk, Ci ivision Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Hetrick Center, 500 North Union Street, Middletown, PA 17057 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy repords, treatment notes, diagnostic studies, writings, correspondence, laboratory studies, etc., for treatment rendered on behalf of Donna Fu* d/o/b: 02121/60 ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: / Seal of he Court r thonotary/Clerk, Ci ' Division kl, Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Thomas Kunkle, D.O., P.O. Box 423, New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes, diagnostic studies, writings, correspondence laboratory studies etc for treatment rendered on behalf of Donna Funk: d/o/b: 02/21/60, ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: a 7 Seal of he Court othonotary/Clerk, Ci . Division ?'L.L f-, &'J' ?' ), '.' Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Weis Pharmacy #125,1195 Lowther Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, laboratory studies, etc. for treatment rendered on behalf of Donna Funk: d/o/b: 02121/60 ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: a D Seal f tfie Court /4honotary/Clerk, Civ' ivision ?? z' &A 1),4.- Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Civil Action Law Plaintiff, No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center, 4665 E. Trindle Road, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records, treatment notes diagnostic studies writings correspondence laboratory studies, etc., for treatment rendered on behalf of Donna Funk; d/o/b: 02/2.1_/60, ssn: 206-52-9298. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: / o Seal o t lie Court IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth Rehab of Mechanicsburg, 175 Lancaster Boulevard, P.O. Box 2016, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, laboratory studies, etc., for treatment rendered on behalf of Donna Funk d/o/b: 02121/60 ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: o s 2. Seal of t e Court r thonotary/Clerk, Civil Di ision Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bellevue Medical Clinic, 1118 North Third Street, Suite 100, Harrisburg, PA 17102 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, laboratory studies, etc., for treatment rendered on behalf of Donna Funk d/o/b: 02121/60 ssn: 206-52-9298. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: I"7-/7 Id ?L4 -t.8 k . ti.oxn Seal of t lie Court othonotary/Clerk, Civil ivision Deputy CERTIFICATE OF SERVICE I, Nora A. Starnes, a legal secretary with the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 Nora A. Starnes Date: December , 2007 549319.1 ?y r t Edward E. Knauss, N, Esquire I .D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff DONNA FUNK, Plaintiff vs. PEERLESS INSURANCE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW - 2007-01495 P JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set,forth against you. You are warned that if you fail to do so the case may proceed without you and 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pa 17013 (800) 990-9108 388714-1 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una, orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 388714-1 Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff DONNA FUNK, Plaintiff vs. PEERLESS INSURANCE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW - 2007-01495 P JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Donna Funk, by and through her attorneys, Edward E. Knauss, IV, Esquire, and Metzger, Wickersham, Knauss & Erb., P.C., and respectfully represents the following: 1. The Plaintiff, Donna Funk, is an adult individual residing at 1603 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Peerless Insurance, is an insurance company which is authorized to conduct business and does conduct business as an insurance company in the Commonwealth of Pennsylvania, and which has offices located at 100 Corporate Center Drive, Camp Hill, Cumberland County, Pennsylvania. 3. On or about April 23, 2003, there was in full force and effect an automobile insurance policy number PLB M516874 issued to the Plaintiff, Donna Funk, by Peerless Insurance Company. The aforesaid policy of insurance provided for first party medical coverage. To date, this coverage has not been exhausted. The Plaintiff, Donna Funk has a first 388714-1 party benefits claim with the Defendant, Peerless Insurance Company under Claim Number, 301622540. 4. On or about April 23, 2003, the Plaintiff, Donna Funk, was a driver of a vehicle that was violently struck by another vehicle that crossed the median and hit the vehicle driven by Plaintiff, Donna Funk head on. 5. As a direct and proximate result of the collision, the Plaintiff, Donna Funk, suffered serious and permanent bodily injuries, requiring extensive medical care and treatment from the following healthcare providers: Holy Spirit Hospital, Bellview Medical Clinic, Hartman Rehab, Pennsylvania Counseling Services, Richard Seldow, D.C., HealthSouth, Pinnacle Health, Susquehanna Valley Pain Management, Hershey Medical, RS Medical and other providers not mentioned herein. 6. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of the other driver, Plaintiff, Donna Funk, sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent in nature, and aggravation of pre-existing conditions which include, but are not limited to, the following: (a) Chronic low back pain; (b) Right lower extremity radiculopathy; (c) Degenerative disc disease with small left posterior central disc herniation at L4-5 and moderate sized disc herniation at T10-11 right side; (d) Cervical pain with radiating numbness into hands and fingers; (e) Depression with bouts of anxiety; (f) Right Shoulder Bursitis; and (g) Myofascial pain with trigger points, low back pain with a bilateral sacroiliac syndrome and piriformis syndrome among other injuries. 388714-1 7. As a result of the aforesaid injuries, the Plaintiff, Donna Funk, has been obliged and will continue to be obliged to receive medical care and treatment, to expend various sums of money to incur medical expenses properly due and allowable under the terms of the subject policy and may be obliged to continue to expend such sums and/or incur such expenditures for an indefinite time into the future. 8. As the insurer of the Plaintiff, Donna Funk, Defendant has fiduciary, contractual and statutory duties to negotiate her first party benefits in good faith, in order to arrive at a prompt, fair and equitable settlement. 9. Shortly after the collision, Plaintiff, Donna Funk provided prompt notification to the Defendant of the loss and thereafter delivered to the Defendant extensive claim documentation and fully cooperated with the Defendant in all ways required by the insurance policy. 10. Plaintiff, Donna Funk, at all times pertinent hereto, fully complied with all the terms and conditions of the subject policy of insurance and all conditions precedent and subsequent to the insured's right to recover medical bills under said policy of insurance. Plaintiff submitted an Application of Benefits form to the Defendant on May 8, 2003. 11. All medical bills incurred by the Plaintiff, Donna Funk, were promptly submitted to the Defendant directly by Plaintiff, Donna Funk's medical providers. The medical providers requested prompt payment of those bills due to the serious nature of her injuries and the clear obligation of the Defendant to provide those benefits. 12. The Plaintiff, Donna Funk, was diagnosed by various medical providers with the aforesaid injuries listed in paragraph 6 (a-g). 388714-1 13. Since the motor vehicle accident on April 21, 2003, Plaintiff, Donna Funk, has consistently suffered from the injuries mentioned herein for which she required ongoing treatment with various medical providers to alleviate her level of pain. 14. On June 25, 2004, Defendant Peerless contracted with Kenneth Gentilezza, M.D., of Northeastern Rehabilitation Associates, P.C., to perform a peer review. A copy of Dr. Gentilezza's peer report dated June 25, 2004, is attached hereto as Exhibit "A." 15. As a result of the June 25, 2004, Peer Review performed by Dr. Kenneth Gentilezza, it was determined that all treatment was reasonable and necessary. A copy of the Peer Report dated June 25, 2004, is attached hereto and incorporated herein by reference as Exhibit "A." 16. On April 28, 2005, Defendant Peerless contracted with David C. Baker, M.D., to perform an Independent examination of Plaintiff Donna Funk. A copy of the April 28, 2005, Independent Medical Examination Report is attached hereto as Exhibit "B." 17. As a result of the April 28, 2005, Independent Medical Examination, it was Dr. Baker's determination that "she has chronic widespread pain and depression. I do not think either of those are related to the motor vehicle accident." He then went on to state "I think she is fully recovered from the 4/21/03 injury in that I could not correlate her current complaints with an injury..." 18. On April 26, 2005, Plaintiff, Donna Funk had an appointment with Dr. Stuart Hartman at Hartman Rehabilitation Associates at which time he reported "She is doing worse overall with her pain level at 8 to 9 out of 10..." He concluded that Donna was suffering from chronic neck and low back pain with a herniated disc with stable radicular symptoms and 388714-1 sacroiliac syndrome." This diagnosis is related to the April 21, 2003, motor vehicle accident which is clearly stated throughout Dr. Hartman's medical records. 19. Defendant Peerless informed Plaintiff Donna Funk's medical providers that Dr. Baker's April 27, 2005, IME indicates the following: • Ms. Funk has "age related changes in her spine." • He states "It is not possible for me at this time to correlate these current complaints of pain with a motor vehicle accident that occurred in 2003." • With regard to her chronic widespread pain and depression - He does not "think either of those are related to the motor vehicle accident." • "No additional care is needed for injuries sustained on 4/21/03." I do not think the lumbar complaints are due to the MVA and she does not require any care for those." • "She has no work restrictions based on the accident of 2003." Based on the above, Peerless determined that no additional payment would be made available. 20. On October 25, 2006, Plaintiff, Donna Funk was approved for Social Security Disability. It was determined that the medical evidence established that Plaintiff had a history of chronic neck and back pain as a result of spinal injuries that she sustained in a motor vehicle accident on April 21, 2003. A copy of the decision is attached hereto as Exhibit "C." 21. Peerless has breached its obligation to pay all bills related to the accident of April 21, 2003. 22. Defendant Peerless has undertaken a course of action which is wanton and reckless, having been designed to unilaterally, and without justification, refuse a claim for medical benefits and cause the Plaintiff, Donna Funk, to become personally responsible for medical bills arising out of the maintenance or use of a motor vehicle, in contradiction to the 388714-1 terms of the contract, The Pennsylvania Motor Vehicle Financial Responsibility Law, and the case law of the Commonwealth of Pennsylvania. 23. Defendant has refused to pay medical bills from numerous medical providers which are due and owing, and her future medical bills 24. As a result of the aforesaid, Plaintiff Donna Funk has been required to hire the services of an attorney to obtain payment of the medical bills due and those which will be incurred in the future. Therefore, pursuant to § 1716 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Plaintiff is entitled to attorney's fees "in the event that the insurer if found to have acted in an unreasonable manner in refusing to pay the benefits when due." Peerless is also obligated to pay 12% interest. 25. Under §1797 and §1798 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Peerless has acted with no reasonable foundation, and in a wanton manner, and is liable for attorney fees and treble damages. COUNT I - BREACH OF CONTRACT 26. Paragraphs 1 through 25 are incorporated herein and made reference hereto as though fully set forth. 27. Plaintiff, Donna J. Funk, has satisfied all of her obligations under the policy, including, but not limited to all conditions precedent and all conditions subsequent. 28. Plaintiff, Donna J. Funk's medical providers are third party beneficiaries to said contract. 29. The actions of the Defendant, as described above, constitute a breach of the contract of insurance issued by the Defendant. A copy of the policy is not attached hereto because the Defendant has the original policy in its possession. 388714-1 WHEREFORE, Plaintiff, Donna Funk demands judgment against Defendant for payment of medical bills and prescriptions, with interest at a rate of twelve percent (12%) per year, penalties as provided by statute, reasonable actual attorney's fees, costs and treble damages, all in an amount in excess of that amount requiring submission to compulsory arbitration. COUNT II - BAD FAITH 30. Paragraphs 1 through 29 are incorporated herein and made reference hereto as if fully set forth. 31. It is believed and, therefore, averred, that Defendant has employed various physicians and organizations in bad faith. Said doctors and organizations do substantial peer review work for the Defendant and therefore have a financial interest in providing to Defendant biased peer review reports and independent medical evaluation reports. Moreover, said doctors and organizations have, or may have been continuously providing negative peer review reports to Defendant and other insurance companies for the purposes of maintaining a steady source of business, therefore showing a pattern of abuse of the peer review process. 32. The Defendant through its representatives, agents and/or employees, has breached its duty to its insured to act in good faith by the following actions: a. In peer reviewing this file until Peerless received the desired result, i.e., that Plaintiff's treatment was neither reasonable nor necessary, nor causally related to the motor vehicle accident. b. Inability to have a prudent person, familiar with peer review procedures and standards of practices, submit Plaintiff's claim to a peer review organization to determine the reasonableness and necessity of care, the appropriateness of the setting where care is rendered, and the appropriateness of the care, in violation of 31 Pa.Code §69.52(a); C. Not attempting in good faith to effectuate prompt, fair and equitable coverage of claims after the Defendant's responsibility under Plaintiff, Donna Funk's policy of insurance had become reasonably clear; 388714-1 d. Failing to evaluate and determine Plaintiff's entitlement to benefits based upon the terms of the contract that was entered into and compelling the Plaintiff to institute litigation to recover amounts due under the applicable insurance policy with the Defendant by refusing to pay Plaintiff's accident related medical expenses; and e. Failing to promptly notify the Plaintiff of its intention to deny medical benefits when the Defendant knew of the Plaintiff continuing medical treatment. f. Basing its refusal to pay medical bills upon the report of Dr. Baker which determined that the treatment was not causally related to the motor vehicle accident, in violation of the Peer Review Statute. See documents attached hereto as Exhibit "D." g. Using the Peer Review process to determine causality, and also denying payment of medical bills based on causality, in violation of the Pennsylvania Motor Vehicle Financial Responsibility Law and the Peer Review Statute. See documents attached hereto as Exhibit "D." 33. It is believed and therefore averred that based on the averments set forth above, the Defendant is guilty of bad faith. 34. For the reasons set forth above, including, but not limited to, the fact that Defendant has violated 42 Pa.C.S.A. Section 8371, Defendant is liable for interest on the claim from the date the claim was made in an amount equal to the prime rate of interest plus three percent (3%), court costs, attorney's fees and punitive damages. 35. The actions of the Defendant, as described above, constitute willful, and/or outrageous conduct towards its insured, Donna Funk. 388714-1 WHEREFORE, Plaintiff, Donna Funk, demands compensatory, consequential and punitive damages, plus interest, cost and attorney's fees from Defendant, in an amount in excess of the amount requiring compulsory arbitration. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. auss, , Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff Dated: /. 2 z _ C4-- 388714-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff and that the facts in the foregoing Plaintiff's Complaint are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, are as known to the undersigned as to the client, Plaintiff Donna Funk, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. c EDWARD E4KNASS, I V Dated: / - Z Z -0E,- 391345-1 CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, thi""day f , 2007, on the UAjd following: W. Darren Powell, Esquire 305 North Front Street P.O. Box 999 Harrisburg, Pa 17108-0999 Angela M. Lentz 388714-1 (X?? ??t A Jun,25- 2004 Ph sl ', 1=1,11Ca[Al,tmrlolpGicenret f=_A•EPGe Ua=&. M.D. GregorAy?a, B"dq, M.A. Mielud D. Wk. MM. •FZpbercT. O'LeAryt, D.0„ F,.11 D.E.P. Scot M.D., 1' ni'm 1L pmbola, k, ALD., VA-A D s r. r a«1mm M.D. = ? Jr.. M.D., r-111 W.1 ar6ad, D.O. UWa6ah 14ambot. D.O. swa Nehu" D.O. vwz tide, M -1p. nawn XL-olki M.D. Allied Semi= Rebabilisatioa CAMPUS 475 Mo:pn Highway P.t).1 a= 2029 S=won. PA 18501-2029 (570) 3d4-3788 PAX (570) %9-9280 )ohn Hdm Rabtbilimion Cstapus 150 Mundy Sues XVilkes4ure6 PA l 6702 (570) 82-0930 Fzz: (570) 824-7755. Puk Plm 340013adi Pike 4th PlW Suuo 400 Bed?eh PA 18017 (610) 954-9400 Fax: (610) 954-x353 Nl: surgery Cdow Ewding 423 Scrncon-carboadsle.Hay Scmam. PA 18508 (570) X41.2279 'Fax (570) 207-5511 Addition*[ lbeadow .4 (570) 251-4920 57) h836-1576 Harkcoa Ban sm"Ish-9 Wmamepon 1mdang Arcs Allencown Quakertown Harlsbn% H260:0 Towaadt MOM NiOEASYERN REHAB Northeastern Rehabilitation Associates, P. C. June 25, 2004 Disability Care Management Professionals, Inc. P.O. Box 45 Camp Hill, PA 17001 RE: Donna Funk DOI: 4/21103 FILE: 3013225401 INTRODUC' N Na.1001 P, 2 At thejFequest of Disability Care /Management Professionals, I was asked to perfoim a Peer Review per the Act 5 protocol regarding the care and treatment of Donna Funk as it relates to injuries; sustained in a 4/21/03 MVA. I was specifically asked to determine whether the care rendered by Stuart A- Hartman, D.O. was medically reasonable and necessary as a stile and direct result of the Injuries sustained in the MVA. Also, to address the physical therapy the client Is undergoing at the Hetrick Chiropractic Center as ordered by Dr. Hartman. I was also asked to address when MMI is expected from the injuries sustained on 4121/03. Also. If there is any additional care warranted as a sole and direct result of the 4121/03 MVA. RGCORDS RECEIVED FOR REVIEW ? 1. Hartman Rehabilitation AssoClates - Stuart A. Hartman, D.O., provider under review. Initial evaluation March 4, 2004. 2. Statement of Claim Financial Responsibility Benefits- Signed 5/8/03. 3. Pennsylvania EMS Report, 4121103, date of injury. 4. Holy Spirit Hospital, Department of Radiology and Diagnostic Imaging, X-ray reports 4/21103. X rayo of the cervical spine, lurnbosacral spine and mandible. 5. Medical records of family medical physician, Dr. Kunkle; dates 4/25/03 and 512103. 6. Bellevue Medical Clinic - Dr. Juliette Asuzu. Initial evaluation 5/21103, follow-up visit 9/26103. 7. Magnetic Imaging Center -- MRI report of the cervical spine ordered by Dr. Asuzu 5/29103. 8. Physical therapy records, Health South Rehabilitation of Mechanicsburg. 1 OW03 --10/13/03. g, Chiropractic notes, Richard M. Seldow, D.C. Initial evaluation 2/20/04. Follow-up visits 2123104, 2125104, 311104, and 313104. Jua,25- 2004 9:25AM NORTHEASTERN REHAB No 1001 P. 3 Disability Care Management Professionals, Inc. Page 2 6/25/04 RE: Donna Funk 10. Pinnacle Health Rehab Options letter, Paula Spoonhour, BSN, RN., CDMS, 3131104. 11. Physical therapy notes, the Hetrick Center, second provider under review. Initial evaluation 6/5/04, Christy Carroll, MS, PT. Additional records 5110/04. M DICAL HISTORY I Donna Funk is a 43-year-old female who was involved in a motor vehicle accident that occurred on 4/21103 in which she was the driver of the vehicle that was involved in a head-on collision with another vehicle that resulted In air bag deployment. The accident report indicated that she sustained neeK spine, and groin injuries as well as burns from the air bag deployment to her left hand as a result of this accident. She was treated at the Holy Spirit Hospital where X-rays were obtained of multiple regions including cervical spine, lumbar spine, and the mandible for complaints of jaw pain that was determined at the time of her medical assessment both In the field and upon presentation to Holy Spirit Hospital. The X-ray studies showed no gross fractures or dislocations, There was a straightening of the cervical lordosis. Mild degenerative changes were also seen. She initially treated with her family physician, being evaluated on 4125103 In which she wad diagnosed as having a cervical stmIn, facial contusions, and a burn to her left hand from the air bag deployment. Treatment was started, restrictions we4given, and after treating with Dr. Runkle for a short time, she began treating at the Bellevue Medical Clinic on 5121103 with complaints of severe neck pain, shoulder pain, and back pain. It was reported by Dr. Asuzu at the time of that evaluation that there was evidence of loss of consciousness for an unknown period of Ume in the accident. She was evaluated In the emergency room for the above complaints and also developed complaints of left arm and finger numbness since the MVA. Past medical history revealed basal cell carcinoma of the face and stable allergic rhinitis, Examination was performed and further Imaging studies were recommended Including MRI scan of.the cervical spine. She started on Darvdcet for pain, Soma for muscle relaxation and returned to the clinic for review of the MRI and potential physical therapy depending upon the results of the study. The MRI was obtained on 5/29/03 at the Magnetic Imaging Center. This study was read as a normal examination. When compared to a previous study that was performed on 14!27/97, there were no changes Jun-25, 2004 9 25AM NOKTHEASTERN REHAB No.1001 P..4 Disability Care Management Professionals, Inc. Page 3 6/25/04 RE: Donna Funk Upon follow-up with Dr. Asuzu on 9128103, Ms. Funk remained symptomatic. She showed decreased sensation on clinical examination and persistent pain in multiple regions which additionally included her right hip. She noted that the MR1 scan was normal and the plan at that point in: time was to proceed her through a course or physical therapy and use Soma PRN and a prescription was given 'for her to be treated at Health South Rehabilitation where she, presented on 10003 for physical therapy. She underwent several visits at the Health South facility but discontinued can: because of poor tolerance and increased symptoms. Subsequent to that she had a triad of chiropfactic care under the direction of Richard M. Seldow. The records show'on 2/20/04, she was evaluated by Dr. Seldow where it was noted that she had previous automobile accidents In 1993 and 9994. She had neck and back injuries at that time. She saw an orthopedist and went to rehab for those injuries for about two months. She allegedly was asymptomatic since that time and was also noted from Dr. Seldow's records that was familiar with Ms. Funk having treated her two years prior for an unrelated strain Injury. After his comprehensive evaluation, his diagnosis was cervical and lure wr sprain/strain due to her motor vehicle accident. He recommended review of her Imaging studies and she was seen for follow-up on 2/23/04 where the diagnoses remained relatively the same - cervical and lumbar sprain/strain with additional diagnosis of thoracic sprain/strain being g'^lvw-,., Ms. Funk was seen again on 2125/04, 3/1/04 and 313/U4'where on that last visit It was noted that she had an appointment to see Dr. Hartman, a pain management specialist for further care regarding her complaints, Me. Funk presented to Dr, Hartman on 3/4/44 with continuing complaints of neck pain, headaches and numbness in both hands, It was noted that the physical therapy and chiropractic care that she received previously did not help her symptoms and in fact increased them and was discontinued and that she was using home care modalities to try to control her pain. After a complete physical examination that did demonstrate some positive findings, Dr. Hartman's diagnosis of Ms. Funk on the basis of her history and physical examination was consistent with post-traumatic cervicaUthoracic strain, right shoulder bursitis, myofasclal pain with trigger points, and low back pain with bilateral sacroiliac syndrome and piriformle syndrome. Dr. Hartman suggested that Ms. Funk undergo care at Rehab Options Pain Management Program based upon his feeling that she was a good candidate. He reviewed Jun25 2004 9;260 NUKTHEASTERN REHAB N0.1001 P, 5 Disability Care Management Professionals, inc. Page 4 6/25/04 RE: Donna Funk numerous stretches with her and discussed trigger point injections and potentially he wanted to target the SI region, pirrformis muscles, and the T1 area on the right and into the levator scapula. The goals were to improve her function and keep her from missing work. Dry Hartman also noted that in addition, Kits. FunK had symptoms of bilateral carpal tunnel syndrome and may require eiectrodiagnostic testing. No further records were available from Dr. Hartman's office to review. A lettef to Dr. Hartman from the Pinnacle Health Rehab Options Pain Program specifically from Paula Spoonhour dated 3/31/04 indicated to Dr. Hartman that after Ms. f=unk's psychological evaluation that occurred on 3/28104, ahe did not want to complete the physical therapy evaluation scheduled for 411/04 due to the foot that she could not take time off from work to attend the program with her cleaning business.. Subsequent to that, she was then referred by Dr. Hartman to the Hetrick Center for physical therapy where she was evaluated on 515/04. Under this subjective report, it was noted that Ms. Funk previously had therapy but her symptoms increased from it, and as a result, it was discontinued and that she underwent chiropractic care without any benefit noted. The *dioal records from the Hetrick Center documented that Ms. Funk saw Dr. Hartman on 414/04 and she underwent treatments of biofeedback and then physical therapy was recommended. After history and examination was performed noting some range of motion loss, strength loss, and loss of flexibility, the physical therapist who performed the initial evaluation. Christy Carroll, Ma, PT, provided an opinfan with a reasonable degree of medical certainty that Donna Funk's subjective and objective findings were the direct result of the Injury sustained in the motor vehicle accident that occurred on or about 3/21/03 and with the completion of the assessment, Ms. Carroll suggested a course of therapy to Dr. Hartman for his review and signature. Her major complaints at the time she presented to the Hetrick Center were low back pain and neck pain secondary to the 3121/03 motor vehicle accident, Initiation of therapy including both aquatic and physical therapy was recommended three times a week for four weeks. On 5110/04, the records from the Hetrick Center and Christy Carroll, Ms. Funk's physical therapist, indicated that Ms. Funk reports she had increased pain after her initial evaluation and reported that her low back was very sore. 1 Jun-25. 2004 9:26AM N6R,rHEASTERN REHAB Disability Care Management Professionals, inc. Page 5 6/25/04 RE: Donna Funk No-1001 P- 6 It was noted that she tolerated the treatment that was given weir and that she did gat some relief with modalities. It is recommended that she continue to treat as able. Additional records from the 5/10/04 visit, however, also noted that-Ms. Funk discontinued performing lumbosacral extension as she was experiencing significant pain with exercise. All other exercises wore tolerated well and furtherecommendations given to continue treatment. CONTACT WITH THE PROVIDER UNDER REVIEW Or. Hartman did not ask to discuss the Peer Review with me. EMPLOYEE STATEMENT There was no statement from Dr. Funk for review. DISCUSSION: Based upon material reviewed which were the medical records listed above, the diagnoses given to Ms. Funk based upon her complaints and findings by Dr. Hartman on his 314/04 evaluation was that she had post'-traumatic cer?icaVthoracle strain, right shoulder bursitis, myofascial pain with trigger points, low back pain with bilateral sacroiliac syndrome, and plriformis syndrome. Established treatment protocols for these diagnoses include medications which can range from anti-inflammatories, anaigesics, and muscle relaxants. At times, anti-depressants and/or anti-epileptic medications have been utilized for neuropathic pain but, according to. Dr. Hartman's evaluation, there was no documentation of any neuropathic pain present. Additional treatment includes physical therapy emphasizing the short course of modalities that should only be utilized directly after the itqury not lasting greater than a four week timeframe. Manual therapies including myofascial release, Immobilization, In addition to an exercise program both for stretching, flexibility, and strengthening as well as for aerobic reconditioning has been found to be useful. ONmpractic care for some of the ditnosee given by Dr. Hartman can also be beneficial In isolated cases and interventional pain Jun-25. 2004 9:26AM NuOEASTERN REHAB No-1001 P. 7 Dlsablilty Care Management Professionals, Inc. Page 6 6125/04 RE: Donna Funk management in the form of joint injections, trigger point injections, or use of modalities such as, acupuncture for trigger point reduction has also been shown in the literature to be b6heficial in isolated cases, refractory to more standard care. Dr. Hartman recommended a pain management program at Rehab Options. Apparently, Ms. Funk chose not to continue with her evaluations at that facility, hence, a referral was made for physical therapy to be treated at the HetrickCenter where Ms. Funk underwent a few via is of physical therapy desplt6 her increase in symptoms with this type of treatmend in the past, The medical records provided do not show any additional treatment given after 5/10/44. There was no formal prescription from Dr. Hartman's notes or records to review indicating the specific treatment he recommended. Conclusions at this time regarding further medical follow-up with Dr. Hartman and continuation of the therapy that he allegedly ordered although no prescription was evattble to review indicates that given the standard treatment protocols for the type of diagnoses that were listed by Dr. Hartman, this intervention would fail within the guidelines and protocols. Ms. Funk motor vehicle accident occurred on 4/21/03 and therapy Was attempted shortly after that accident and was not tolerated by Ms. Funk A repeat course of therapy for improvement of her symptomatoiogy based upon the diagnosis given at this point is medically reasonable and necessary and directly related to the injuries sustained In the 4121103 MVA. A six week cowrie of therapy would be recommended to achieve MMI with that Intervention and then discontinuation to a home program would be recommended. The basis and clinical rationale for these conclusions is that the treatment provided by Dr. Hartman falls within the established treatment protocols for the diagnosis given by Dr. Hartman as a PM&R specialist. SEASONABLENESS AND NECESSITY OF TREATMENT UNDER REVIEW Reasonable and Necessary Care! Datersl Frequency Continuation 1. Initial evaluation by Dr. Hartman, 3/4/04. 2. A course of physical therapy ordered by Dr, Hartman at the Hetrick Center beginning 515104. A six week course of therapy would be Jun-25, 2004 9:27AM NORTHEASTERN REHAB No.1001 P. 6 Disability Care Managem6nt Profeasionals, Inc, Page 7 t3/25/D4 RE: Donne Funk reasonable and necessary as it pertains to the 4/29103 accident. Olsoontinuation to a home exercise program at that point would be recommended. Unreas2a6ble and Unnaceasary Care., DateLal Freaueney Contiinuattion None. Additional Cone luslons as Par the _Pe®r Reviiew Reaue 1, JIV1MI from a motor vehicle accident 1 would expect to occur in a timeframe of 6-12 weeks, There are patients who develop whiplash- associated disorders that linger beyond that time'frame although are usually in a minority. With that said, it appears in this case that Ms, Funk has only had one reasonable attempt at physical therapy and did not tolerate it well With an Increase in symptoms, however, there are cases in which the therapy may be givers too early and based upon the diagnoses provided by Dr. Hartman, I was reasonable that a second attempt at therapy was prescribed based upon his goals to improve function and continue her ability to work in a six week timeframe and completion of therapy at that point would be expected to be achieved if she tolerates therapy during this course of cane. 2. As to whether or not additional care was warranted as a sole and direct result of the 4/21/03 motor vehicle accident, clearly follow-up by Dr. Hartman to determine the benefita3 and whether or not the goals that he set for Ms. Funk were achieved with the therapy is recommended, Beyond that, further intervention such as trigger point Injections, sacroiliac joint injections or other invasive Intervention would not be recommended given the length of time that It has been since her accident and based upon the goals which were to improve function and maintain her ability to work. Physical therapy and a home exercise program are the best treatments available for these goals set forth by Dr, Hartman, Once therapy has been completed and Ms; Funk has been converted to a home exercise program expected to occur six weeks after therapy is started, additional therapy and parallel intervention would not be recommended. Further follow-ups by Dr. Martman would be reasonable to assess functional status two to four times per year until Ms. Funk had achieved what would be fait to be a stabilir-ed level and then discharge would be expected at that point 7 Jun•25. 2004 9:27AM NORTHEASTERN REHAB Disability Care Management Professionals, Inc. Page 8 8/25104 RE: Donna Funk &URENCES 1. Rodriguez AA, Barr KP, BUMS SP, No-1001 P. 9 / 1 ,.r , r- KennetOAn =a, M.D. Diplomn Board of Independent Medical Examiners Fellow, cademy of Physical Medicine and Rehabilitation Feillow, ssociation of Dlsabllit y Evaluating Physicians KW(3/dmb 10 8 ?x?,b,t b DAVID C. BAKER, M.D. 19 Brookwood Avenue Suite 104 Carlisle, PA 17013 (717) 243-9010 Tax ID#: 25-1750671 April 28, 2005 Joanne E. Frank, RN, CCM, CDMS Disability Case Management Professionals, Inc. P O Box 45 Camp Hill, PA 17001 RE: Donna Funk Dear Ms. Frank: Thank you for allowing me to perform an Independent Medical Evaluation on Ms. Donna Funk at my Per Diem office on April 27, 2005. The following report is based on review of the records and the history and physical examination. I explained to Ms. Funk that she was here for an Independent Medical Evaluation at the request of Disability Care Management Professionals, Inc. I explained to the patient I was not, nor would I be, the treating physician. Ms. Funk expressed understanding of this. She also understood that if anything caused pain during the examination she could and should request me to stop. Ms. Funk expressed understanding of this. RECORDS REVIEWED: 1. EMS report, 4/21/03. 2. Handwritten physician notes, 4/25/03 and 5/2/03 ? Dr. Kunkle. 3. Records of Bellview Medical Clinic 5/21/03. 4. Records of Richard M. Seldow, D.C., Chiropractor. 5. Records of Dr. Stuart Hartman, Physiatrist. 6. X-rays and reports, Holy Spirit Hospital, 4/21/03, cervical spine and lumbosacral spine. 7. MRI report, cervical spine, 5/29/03, Magnetic Imaging Center. 8. MRI and report, 8/28/04, Tristan Associates. Page 2 RE: Donna Funk HISTORY AS RELATED BY THE PATIENT AND ACCORDING TO THE MEDICAL RECORDS: Ms. Funk is a 45-year-old female who states that on 4/21/02 she was involved in a motor vehicle accident. She states she was hit from the front in a head-on collision. She states the car she was driving was pushed back 47 feet. She states her care was totaled. The airbag did deploy. She was wearing her seatbelt. She doesn't remember anything about the accident other than when she "woke up her head was in the airbag." She states she couldn't get out of her vehicle and was extricated by EMS. She states she was taken to Holy Spirit Hospital. I do not have their records, but I do have x-rays taken from that day which show normal x-rays of the cervical spine. There were minimal to mild degenerative changes in the lumbar spine with no evidence of fractures or dislocations. The EMS report was reviewed. It did record that there was a "two-cars involved with head-onside swipe collision." They recorded "my jaw and center of my chest hurt. My lower back hurts." They also recorded an airbag bum on the right hand. Ms. Funk states she followed up with Dr. Kunkle who is her primary care physician. He recorded "some neck soreness." He also recorded an area of a burn on the right hand. On 5/2/03 Dr. Kunkle recorded "two days of sharp stabbing pain from right neck to right upper extremity. The right hand burn is healing." His diagnosis was cervical strain. Ms. Funk states that Dr. Kunkle didn't do anything and told her to take off two weeks of work. Ms. Funk states she then went to Dr. Juliet Asuzu in Harrisburg. Dr. Asuzu saw her on May 21, 2003 and recorded complaints of neck, shoulder and back pain. Dr. Asuzu ordered an MRI of the cervical spine which was negative. Ms. Funk states that Dr. Asuzu referred her to physical therapy at Health South, but she only went four times because "the pain was that bad and it was getting worse." Ms. Funk then went to Richard Seldow, D.C. My records indicate that she did not see him until 2/20/04. Dr. Seldow recorded her first complaint as being neck pain and her second complaint as being pain in the lower lumbar area that radiates to the right sacroiliac area and into the right lower extremity to the right knee. Page 3 RE: Donna Funk Dr. Seldow also records "she was in prior automobile accidents in 1993 and 1994. She had neck and back injuries at that time." Ms. Funk states that in February of 2004 she also started treating with Dr. Stuart Hartman. She has continued to treat with Dr. Hartman and states that she continues to deteriorate. Ms. Funk also states she received epidural steroid shots from Dr. Momin at Health South and these also have not helped. PAST MEDICAL HISTORY: Negative for asthma, diabetes or hypertension. Positive for cigarette use. Positive for basal cell carcinoma of the face. MEDICATIONS: Effexor (anti-depressant), another drug for depression, Soma and Vicodin. PREVIOUS SPINE HISTORY: I asked Ms. Funk about her previous motor vehicle accidents. She stated she had them in 1992 and 1993. She states she only treated for a short period of time. Nevertheless, her cervical spine MRI report that was done in May of 2003 mentions an MM that was done on 10/27/97. She thinks that MRI was ordered by Dr. Gelb who was a spine surgeon at Hershey Medical Center at the time. WORK HISTORY: She cleans houses. She states she works 20 hours a week. She states she has done this for 24 years. Her son helps her. CURRENT SYMPTOMS She states she has pain in her spine and she localizes this to the thoracic and lumbar area. She states her neck does not hurt. She states she has pain on the outside of her hips. She has pain in the groin area. She states she gets a stabbing pain in her upper spine that causes her to feel sick and nauseous. She states she has difficulty sleeping. She states she has pressure in her groin. She states that sometimes her right leg gives out. She states she has either pain in the left anterior thigh or right leg in the posterior thigh and sometimes into the right anterior shin. She has leg pain both with activity as well as with rest. Page 4 RE: Donna Funk Upon questioning, she denies having any fevers, chills, sweats, weight loss, bowel or bladder problems. Again, she states she has deteriorated since the accident with more generalized pain in her spine and in her sciatic nerve. EXAMINATION: The patient walks with a normal gait. There is no spasticity, Trendelenburg component to the gait or sciatic list. Visual examination of the cervical, thoracic and lumbar spines reveals no visible abnormalities such as scoliosis, accentuated thoracic kyphosis or accentuated lumbar lordosis. She has no skin dimpling or hairy nevi. Range of motion of the cervical spine is full with full flexion of 60-70°, extension to 40° and right and left lateral bending to 40-50° in each plane and 70° of right and left lateral rotation. There are no neurologic deficits in either upper extremity with good strength in the deltoid, biceps, triceps, wrist extensors, wrist flexors and hand intrinsic muscles bilaterally. She has no reflex asymmetry in biceps, triceps or brachial radialis. Spurling's test and Hof-man's test are both negative. There is no winging of the scapula. Thoracolumbar rotation is full at 60° bilaterally. Range of motion of the lumbar spine reveals forward flexion to 50°, extension is to 30° .and right and left lateral bending were to 20°. She had no neurologic deficits in either lower extremity with nondermatomal altered sensibility in the right leg, but no weakness in hip flexors, knee extensors, extensor hallucis longus or flexor hallucis longus bilaterally. There is no reflex asymmetry in knee and ankle jerks. Straight leg raise test did not reproduce a radiculopathy in either lower extremity and she has no evidence of clonus or hyper-reactive reflexes in either lower extremity. Internal rotation of both hips was painful, however, she had 20° of internal rotation on the right and 30° of internal rotation on the left, indicating possible osteoarthritis of the right. She did not have a Trendelenburg sign on the right, however. Faber's test was negative for stressing the sacroiliac joints. Page 5 RE: Donna Funk Waddell's tests were positive in that she had pain with pseudorotation of the pelvis, pain with stroking the skin and tapping the skin over the lumbar spine and pain with pseudocompression of the shoulders. There was no evidence of circulation deficits in either lower extremity. X-RAYS : Review of the x-rays revealed plain x-rays taken from Holy Spirit Hospital of the lumbar and cervical spines which show minor age related degenerative changes. The lumbar spine ME was reviewed. This showed degenerative changes at T10-T11 with a right-sided disc protrusion. She has degenerative changes at L3-L4 and disc bulges at L3-L4 and L4-L5. Arthritic changes are present at L3-L4, L4-L5 and L5-S 1. The cervical spine MRI report is normal. HAPRESSION: Widespread pain, unknown etiology. DISCUSSION: It is important to. point out that although Ms. Funk thinks she has two disc herniations in her back, she really has age related changes in her spine. The small herniation at L4-L5 is to the left and not the right where she states she has her sciatica. The disc bulge at T10- T 11 does not effect any of the nerve roots going into her legs. Disc herniation or bulge at that level could possibly cause a thoracic radiculopathy or could cause a cord myelopathy, but she has no spasticity in the lower extremities and she is not symptomatic from either of those disc bulges. Otherwise, she has moderate degenerative changes which are present in the asymptomatic population and it is not possible to correlate her MRI findings with her complaints. I would like to see the records from the doctors who treated her in 1997. She thinks it was Dr. Gelb at Hershey. I would like to see what he treated her for. Ms. Funk states that she only treated for a short while after the 1992 and 1993 accidents and yet she also states that she saw Dr. Gelb in 1997. I would also like to see the records from the doctors who treated her in 1993 and 1994. The chiropractor mentions she had neck and back pain after those motor vehicle accidents. Page 6 RE: Donna Funk The patient also has a history of depression and this goes along with her poor sleeping, etc. and certainly impacts her somatic complaints of pain. It is not possible for me at this time to correlate these current complaints of pain with a motor vehicle accident that occurred in 2003. Also, I do not think any further treatment will help her. She has had failure with any treatment. The therapy made her worse, epidurals did not help, chiropractic treatment did not help, Health South did not help, and the Hetrick Center did not help. There is no reason to think that any future treatment would help. I do not think it is abnormal for someone after a motor vehicle accident to experience widespread aches and pains for several months after the accident. However, I do not think, unless there is a discrete injury, that there is any way to link her current diffuse complaints which are also associated with some hyperexaggeration of symptoms on examination with any motor vehicle accident. With respect to your s ep cific questions: Current diagnosis. She has chronic widespread pain and depression. I do not think either of those are related to the motor vehicle accident. 2. Is she fully recovered from the 4/21/03 injury? I think she is fully recovered from the 4/21/03 injury in that I could not correlate her current complaints with an injury. It is debatable as to whether motor vehicle accidents cause whiplash. Nevertheless, whiplash has always been associated with cervical spine problems. In someone wearing a seatbelt, the stress placed on the lumbar spine in a motor vehicle accident is negligible. If additional care is warranted for the injury of 4/21/03 outline your recommendations including length of time until MMI. No additional care is needed for injuries sustained on 4/21/03. 4. Are the lumbar complaints due to the MVA? Doe she require any care for same? I do not think her lumbar complaints are due to the MVA and she does not require any care for those. Page 7 RE: Donna Funk 5. Is she unable to work in 2004 because of the accident in 2003? She needs no work restrictions based on the accident of 2003. She stopped working in August of 2004 after her MRI showed these "abnormalities." Also, when I asked Ms. Funk what Dr. Hartman is treating she stated »my MRI.15 Again, it is important to point out that these NM findings are so common in the asymptomatic population that treating these conditions, unless they correlate with a clinical syndrome, is often unproductive. In summary, I do not think Ms. Funk needs any current treatment. I do not think she needs work restrictions and I do not think she needs any further investigations. For completeness sake, I would like to see the records of what medical care she received in 1992, 1993 and 1997 for her spine. All of the above statements have been made with a reasonable degree of medical certainty. Thank you again. 'sincerely, D id C. B er, M.D. ?? ? l ? ? OG?, SEC,J SOCIAL SECURITY ADMINISTRATION y /USA's (111111 Refer To: 206-52-9298 ?ISTRP Donna Jean Funk 1603 Hummel Avenue Camp Hill, PA 17011 Office of Disability Adjudication and Review 2 N Second St., 8th Floor Harrisburg, PA 17101 Date: OCT 2 5 2006 NOTICE OF DECISION - FULLY FAVORABLE I have made the enclosed decision in your case. Please read this notice and the decision carefully. This Decision is Fully Favorable To You Another office will process the decision and send you a letter about your benefits. Your local Social Security office or another may first ask you for more information. If you do not hear anything for 60 days, contact your local office. The Appeals Council May Review The Decision On Its Own The AppealsCouncil may-decide-to-review my decision-even though you do not ask it to do so. To do that, the Council must mail you a notice about its review within 60 days from the date shown above. Review at the Council's own motion could make the decision less favorable or unfavorable to you. If You Disagree With The Decision If you believe my decision is not fully favorable to you, or if you disagree with it for any reason, you may file an appeal with the Appeals Council. How to File an Appeal To file an appeal you or your representative must request that the Appeals Council review the decision. You must make the request in writing. You may use our Request for Review form, HA-520, or write a letter. You may file your request at any local Social Security office or a hearing office. You may also mail your request right to the Appeals Council, Office of Disability Adiudication and Review, 5107 Leesburau Pike, Falls Church, VA 22041-3255. Please put the Social Security number shown above on any appeal you file. See Next Page Donna Jean Funk (206-52-9298) Time to File an Appeal Page 2 of 3 To file an appeal, you must file your request for review within 60 days from the date you get this notice. The Appeals Council assumes you got the notice 5 days after the date shown above unless you show you did not get it within the 5-day period. The Council will dismiss a late request unless you show you had a good reason for not filing it on time. Time to Submit New Evidence You should submit any new evidence you wish to the Appeals Council to consider with your request for review. How an Appeal Works Our regulations state the rules the Appeals Council applies to decide when and how to review a case. These rules appear in the Code of Federal Regulations, Title 20, Chapter III, Part 404 (Subpart J) and Part 416 (Subpart N). If you file an appeal, the Council will consider all of my decision, even the parts with which you agree. The Council may review your case for any reason. It will review your case if one of the reasons for review listed in our regulation exists. Section 404.970 and Section 416.1470 of the regulation list these reasons. Requesting review places the entire record of your case before the Council. Review can make any part of my decision more or less favorable or unfavorable to you. On review, the Council may itself consider the issues and decide your case. The Council may also send it back to an Administrative Law Judge for a new decision. If No Appeal and No Appeals Council Review If you do not appeal and the Council does not review my decision on its own motion, you will not have a right to court review. My decision will be a final decision that can be changed only under special rules. See Next Page Donna Jean Funk (206-52-9298) If You Have Any Questions Page 3 of 3 If you have any questions, you may call, write or visit any Social Security office. If you visit an office, please bring this notice and decision with you. The telephone number of the local office that serves your area is (717)782-3400. Its address is 555 Walnut St, Harrisburg, PA 17101. Charles Bridges Administrative Law Judge cc: Steven M. Rollins 4051 a Executive Pk Dr. Harrisburg, PA 17111 SOCIAL SECURITY ADMINISTRATION Office of Disability Adjudication and Review DECISION IN THE CASE OF CLAIM FOR Period of Disability, Disability Insurance Donna Jean Funk Benefits, and Supplemental Security Income (Claimant) 206-52-9298 (Wage Earner) (Social Security Number) JURISDICTION AND PROCEDURAL HISTORY On April 26, 2005, the claimant protectively filed a Title II application for a period of disability and disability insurance benefits. The claimant also protectively filed a Title XVI application for supplemental security income on April 26, 2005. In both applications, the claimant alleged disability beginning August 24, 2004. These claims were denied and are now before the undersigned Administrative Law Judge on a timely written request for hearing filed on November 8, 2005 (20 CFR 404.929 et seq. and 416.1429 et seq. ). The claimant appeared and testified at a hearing held on September 26, 2006, in Harrisburg, PA. Gail Hrobuchak, an impartial vocational expert, also appeared at the hearing. The claimant is represented by Steven M. Rollins, an attorney. ISSUES The issue is whether the claimant is disabled under sections 216(1), 223(d) and 1614(a)(3)(A) of the Social Security Act. Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. With respect to the claim for a period of disability and disability insurance benefits, there is an additional issue whether the insured status requirements of sections 216(1) and 223 of the Social Security Act are met. The claimant's earnings record shows that the claimant has acquired sufficient quarters of coverage to remain insured through March 31, 2010. Thus, the claimant must establish disability on or before that date in order to be entitled to a period of disability and disability insurance benefits. After careful review of the entire record, the undersigned finds that the claimant has been disabled from August 24, 2004 through the date of this decision. The undersigned also finds that the insured status requirements of the Social Security Act were met as of the date disability is established. See Next Page Donna Jean Funk (206-52-9298) APPLICABLE LAW Page 2 of 7 Under the authority of the Social Security Act, the Social Security Administration has established a five-step sequential evaluation process for determining whether an individual is disabled (20 CFR 404.1520(a) and 416.920(a)). The steps are followed in order. If it is determined that the claimant is or is not disabled at a step of the evaluation process, the evaluation will not go on to the next step. At step one, the undersigned must determine whether the claimant is engaging in substantial gainful activity (20 CFR 404.1520(b) and 416.920(b)). Substantial gainful activity (SGA) is defined as work activity that is both substantial and gainful. "Substantial work activity" is work activity that involves doing significant physical or mental activities (20 CFR 404.1572(a) and 416.972(a)). "Gainful work activity" is work that is usually done for pay or profit, whether or not a profit is realized (20 CFR 404.1572(b) and 416.972(b)). Generally, if an individual has earnings from employment or self-employment above a specific level set out in the regulations, it is presumed that she has demonstrated the ability to engage in SGA (20 CFR 404.1574, 404.1575, 416.974, and 416.975). If an individual engages in SGA, she is not disabled regardless of how severe her physical or mental impairments are and regardless of her age, education, and work experience. If the individual is not engaging in SGA, the analysis proceeds to the second step. At step two, the undersigned must determine whether the claimant has a medically determinable impairment that is "severe" or a combination of impairments that is "severe" (20 CFR 404.1520(c) and 416.920(c)). An impairment or combination of impairments is "severe" within the meaning of the regulations if it significantly limits an individual's ability to perform basic work activities - An unpairment or combination of impairments is "snot severe" when medical and other evidence establish only a slight abnormality or a combination of slight abnormalities that would have no more than a minimal effect on an individual's ability to work (20 CFR 404.1521 and 416.921; Social Security Rulings (SSRs) 85-28, 96-3p, and 96-4p). If the claimant does not have a severe medically determinable impairment or combination of impairments, she is not disabled. If the claimant has a severe impairment or combination of impairments, the analysis proceeds to the third step. At step three, the undersigned must determine whether the claimant's impairment or combination of impairments meets or medically equals the criteria of an impairment listed in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, and 416.926). If the claimant's impairment or combination of impairments meets or medically equals the criteria of a listing and meets the duration requirement (20 CFR 404.1509 and 416.909), the claimant is disabled. If it does not, the analysis proceeds to the next step. Before considering step four of the sequential evaluation process, the undersigned must first determine the claimant's residual functional capacity (20 CFR 404.1520(e) and 416.920(e)). An individual's residual functional capacity is her ability to do physical and mental work activities on a sustained basis despite limitations from her impairments. In making this finding, the undersigned must consider all of the claimant's impairments,, including impairments that are not severe (20 CFR 404.1520(e), 404.1545, 416.920(e), and 416.945; SSR 96-8p). See Next Page Donna Jean Funk (206-52-9298) Page 3 of 7 Next, the undersigned must determine at step four whether the claimant has the residual functional capacity to perform the requirements of her past relevant work (20 CFR 404.1520(f) and 416.920(f)). The term past relevant work means work performed (either as the claimant actually performed it or as it is generally performed in the national economy) within the last 15 years or 15 years prior to the date that disability must be established. In addition, the work must have lasted long enough for the claimant to learn to do the job and have been SGA (20 CFR 404.1560(b), 404.1565, 416.960(b), and 416.965). If the claimant has the residual functional capacity to do her past relevant work, the claimant is not disabled. If the claimant is unable to do any past relevant work, the analysis proceeds to the fifth and last step. At the last step of the sequential evaluation process (20 CFR 404.1520(g) and 416.920(g)), the undersigned must determine whether the claimant is able to do any other work considering her residual functional capacity, age, education, and work experience. If the claimant is able to do other work, she is not disabled. If the claimant is not able to do other work and meets the duration requirement, she is disabled. Although the claimant generally continues to have the burden of proving disability at this step, a limited burden of going forward with the evidence shifts to the Social Security Administration. In order to support a finding that an individual is not disabled at this step, the Social Security Administration is responsible for providing evidence that demonstrates that other work exists in significant numbers in the national economy that the claimant can do, given the residual functional capacity, age, education, and work experience (20 CFR 404.1512(g), 404.1560(c), 416.912(g) and 416.960(c)). FINDINGS OF FACT AND CONCLUSIONS OF LAW After-careful consideration ofthe erifire record tom--undersigned makes the following findings: 1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2010. 2. The claimant has not engaged in substantial gainful activity since August 24, 2004, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.). The claimant worked after the alleged onset date but did not earn more than the average monthly amount required for this work to qualify as substantial gainful activity. 3. The claimant has the following severe impairments: multilevel degenerative disc disease, sacroiliac syndrome and Major Depressive Disorder (20 CFR 404.1520(c) and 416.920(c)). The above impairments cause significant limitation in the claimant's ability to perform basic work activities. 4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d)and 416.920(d)). See Next Page Donna Jean Funk (206-52-9298) Page 4 of 7 5. Based on the evidence of record as a whole, as well as the claimant's credible subjective complaints, the undersigned finds the claimant is limited to the performance of work activity which does not involve lifting more than 10 pounds at a time or occasionally lifting and/or carrying articles like docket files, ledgers, and small tools; sitting more than a total of 6 hours in an 8-hour workday; standing and/or walking more than a total of 2 hours in an 8-hour workday; and pushing and/or pulling more than she can lift and/or carry. Further, the claimant has a moderate to moderately severe limitation in the ability to maintain persistence, pace and regular work attendance such that the claimant is unable to perform even sedentary work activity in an ordinary work setting on a regular and continuing basis, i.e., 8 hours a day, for 5 days a week or an equivalent work schedule. In making this finding, the undersigned considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements of 20 CFR 404.1529 and 416.929 and SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and 416.927 and SSRs 96-2p, 96-5p and 96-6p. The medical evidence of record establishes the claimant has a history of treatment for chronic neck and back pain as a result of spinal injuries sustained in a motor vehicle accident in April 2003. Additionally, the claimant is treated for symptoms of depression. With regard to her neck and back pain, medical records show the claimant has undergone an extensive treatment regimen involving epidural injections, physical therapy, narcotic pain medication and treatment through a pain management clinic. In spite of the claimant's treatment, her chronic pain continues to persist and require ongoing care by various medical specialists. As for the claimant's depression, treatment-records show the claimant's impairment necessitates continued management with psychological counseling and anti-depressant medication Progress notes reflect that, despite the claimant's compliance to treatment, she continues to experience symptoms and limitations of chronic neck and back pain. Her neck pain radiates into her shoulders and her back pain goes into her hips and down her legs. Her pain results in trouble sleeping and is exacerbated by activities involving standing, walking, sitting, lifting, carrying, climbing, pushing, pulling, reaching, kneeling, squatting and crawling. The claimant suffers from episodes of depression accompanied with anxiety, difficulty concentrating, increased irritability, crying spells, memory problems and decreased motivation and energy. She isolates herself socially and goes out only when necessary. The claimant is unable to sit or stand very long, has to change positions frequently and must rest between activities. As a result of her impairments, the claimant has trouble finishing tasks or projects and needs help with household tasks, outdoor chores, home maintenance and shopping. The severity of the claimant's symptoms is substantiated by numerous tests and examinations as well as observations and opinions from treating medical specialists. With regard to the claimant's back problems, in a Physical Medical Source Statement Of Ability To Do Work- Related Activities Form dated December 1, 2005, Stuart A. Hartman, D.O., a treating physician, indicated the claimant was unable to sit, stand or walk a total of 8 hours in an 8 hour workday. Notably, in an August 25, 2006, medical record, Dr. Hartman reiterated that the claimant See Next Page Donna Jean Funk (206-52-9298) Page 5 of 7 continues to be unable to sit, stand or walk a total of 8 hours in an 8 hour workday. Also, MRI's of the claimant's spine performed August 28, 2004, and August 16, 2005, demonstrated multilevel degenerative changes with posterior lateral disc protrusion at L4-5 and paracentral disc protrusion at T10-11. As for the claimant's mental impairment, in a Mental Medical Source Statement Of Ability To Do Work-Related Activities Form dated August 24, 2005, Howard M. Dissinger, a treating psychologist, stated the claimant had marked limitation in the ability to respond appropriately to work pressures in a usual work setting. Additionally, in a Mental Medical Source Statement Of Ability To Do Work-Related Activities Form dated September 7, 2006, Psychologist Dissinger stated that the claimant had serious limitations in the abilities to complete a normal workday or workweek; fulfill quota or production requirements; deal with work stress; complete tasks in a timely manner consistently over the course of a full-time workday (Exhibits 1E - 4E, IF - 9F, 17F - 19F and hearing record). After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairments could reasonably be expected to produce the alleged symptoms, and that the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible. The State agency medical opinions are given little weight because other medical opinions are more consistent with the record as a whole and evidence received at the hearing level shows that the claimant is more limited than determined by the State agency consultants. Furthermore, the State agency consultants did not adequately consider the claimant's subjective complaints or the combined effect of the claimant's impairments. The claimant has the following degree of limitation in the broad areas of functioning set out in the disability regulations for evaluatin g mental disorders and in the mental disorders listings in 20 CFR, Part 404, Subpart P, Appendix 1: moderate restriction of activities of daily living; moderate difficulties in maintaining social functioning; moderate difficulties in maintaining concentration, persistence or pace; and no episodes of decompensation. The claimant's mental impairment(s) does not satisfy the paragraph "C" criteria of the applicable mental disorder listing(s). 6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965). The claimant has past relevant work as a self-employed cleaner. The vocational expert testified that the claimant's residual functional capacity precludes the performance of past relevant work. 7. The claimant was a younger individual age 18-44 on the date disability is established (20 CFR 404.1563 and 416.963). 8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964). See Next Page Donna Jean Funk (206-52-9298) Page 6 of 7 9. Transferability of job skills is not an issue because the claimant's past relevant work is unskilled (20 CFR 404.1568 and 416.968). Taking into consideration the nature and extent of the claimant's functional limitations, it is reasonable to conclude that there are no occupations to which the claimant's work skills could transfer. 10. Considering the claimant's age, education, work experience, and residual functional capacity, there are no jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1560(c), 404.1566, 416.960(c), and 416.966). In determining whether a successful adjustment to other work can be made, the undersigned must consider the claimant's residual functional capacity, age, education, and work experience in conjunction with the Medical-Vocational Guidelines, 20 CFR Part 404, Subpart P, Appendix 2. If the claimant can perform all or substantially all of the exertional demands at a given level of exertion, the medical-vocational rules direct a conclusion of either "disabled" or "not disabled" depending upon the claimant's specific vocational profile (SSR 83-11). When the claimant cannot perform substantially all of the exertional demands of work at a given level of exertion and/or has nonexertional limitations, the medical-vocational rules are used as a framework for decisionmaking unless there is a rule that directs a conclusion of "disabled" without considering the additional exertional and/or nonexertional limitations (SSRs 83-12 and 83-14). If the claimant has solely nonexertional limitations, section 204.00 in the Medical-Vocational Guidelines provides a framework for decisionmaking (SSR 85-15). If the claimant had the residual functional capacity to perform the full range of sedentary work, a finding of "not disabled" would be directed by Medical-Vocational Rule 201.28. However,-the claimant's ability to perform all or substantially all of the requirements of this level of work has been impeded by additional limitations. To determine the extent to which these limitations erode the unskilled sedentary occupational base, the Administrative Law Judge asked the vocational expert whether jobs exist in the national economy for an individual with the claimant's age, education, work experience and residual functional capacity. The vocational expert testified that given all of these factors there are no jobs in the national economy that the individual could perform. Based on the testimony of the vocational expert, the undersigned concludes that, considering the claimant's age, education, work experience, and residual functional capacity, a finding of "disabled" is appropriate under the framework of the above-cited rule. 11. The claimant has been under a "disability," as defined in the Social Security Act, from August 24, 2004 through the date of this decision (20 CFR 404.1520(8) and 416.920(8)). DECISION Based on the application for a period of disability and disability insurance benefits protectively filed on April 26, 2005, the claimant has been disabled under sections 216(1) and 223(d) of the Social Security Act beginning on August 24, 2004. See Next Page Donna Jean Funk (206-52-9298) Page 7of7 Based on the application for supplemental security income protectively filed on April 26, 2005, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act beginning on August 24, 2004. The component of the Social Security Administration responsible for authorizing supplemental security income will advise the claimant regarding the nondisability requirements for these payments, and if eligible, the amount and the months for which_aaymg6 will b a e Administrative Law Judge OCT 2 5 2006 Date LIST OF EXHIBITS Claimant: DONNA J FUNK SSN: 206-52-9298 Exh. Part No. of No. No. Description Pages PAYMENT DOCUMENTS/DECISIONS 1 A Initial Disability Determination by State Agency, Title II, dated September 13, 2005 JURISDICTIONAL DOCU IENTS/NOTICES 1 B Jurisdictional Development Documents and Notes 2 B Appointment of Representative, Fee Agreement dated November 10, 2005 NON-DISABILITY DEVELOPMENT 1 D Application for Disability Insurance Benefits filed protectively April 26, 2005, with Supporting Documents; Detailed earnings for DLI of March 31, 2010 DISABILITY RELATED DEVELOPMENT AND DOCUMENTATION 1 E Disability Development Documents/Reports 2 E List of Claimant's Recent Medical Treatment, Medications, and Work Background, dated September 2005 2 10 4 26 40 3 LIST OF EXIIIBITS Claimant: DONNA J FUNK SSN: 206-52-9298 Exh. Part No. of No. No. Description Pages MEDICAL RECORDS 1 F Treatment notes covering the period from May 2, 2003 to September 26, 2003, by 1-7 Bellview Medical Clinic 2 F Outpatient Medical Records covering period from April 21, 2003 to May 2, 2003, from 8-15 Holy Spirit Hospital 3 F EMS Medical Report dated April 2, 2003 16-18 4 F Behavioral Medicine Evaluation and notes dated march 26, 2004 thru May 16, 2005, from 19-28 Rehab Options 5 F Progress notes covering the period from March 4, 2004 to July 29, 2005 by Stuart Hartman 29-51 MD 6 F Treatment notes covering the period from April 22, 2004 to July 2, 2004 by The Hetrick 52-91 Center 7 F Treatment notes covering the period from Octobr 2003 to February 2004 by Richard 92-104 Seldow, DC 8 F Medical Reports dated August 28, 2004 from Tristan Associates 105-107 9 F Treatment notes covering the period from May 25, 2005 to August 24, 2005, by Edwaqrd 108-115 M. Dissinger 11, PA Counseling 10 F RFC - Residual Functional Capacity Assessment - Mental (completed by DDS physician) 116-119 dated September 12, 2005 11 F Psychiatric Review Technique Form (completed by DDS physician) dated September 12, 120-133 2005 12 F RFC - Residual Functional Capacity Assessment - Mental (completed by DDS physician) 134-139 dated September 13, 2005 13 F Disability Worksheet (DF-203) dated /last noted September 18, 2005 140-143 14 F Professional Qualifications, John T. Hower PHD 144 LIST OF EXHIBITS Claimant: DONNA J FUNK SSN: 206-52-9298 Exh. Part No. of No. No. Description Pages 15 F Professional Qualifications, Juliet J Asuzu MD 145 16 F Professional Qualifications, Stuart Hartman DO 146 17 F Medical Consultant's Review of Physical Residual Functional Capacity Assessment dated 147-149 December 1, 2005, Dr. Hartman SUPPLEMENTAL SECURITY INCOME (SSn 1 SSI Application for Supplemental Security Income Benefits filed protectively April 28, 2005, 13 with Supporting Documentation SOCIAL SECURITY ADMINISTRATION Office of Disability Adjudication and Review ORDER IN THE CASE OF CLAIM FOR Period of Disability, Disability Insurance Donna Jean Funk Benefits, and Supplemental Security Income (Claimant) 206-52-9298 (Wage Earner) (Social Security Number) I approve the fee agreement between the claimant and her representative subject to the condition that the claim results in past-due benefits. My determination is limited to whether the fee agreement meets the statutory conditions for approval and is not otherwise excepted. I neither approve nor disapprove any other aspect of the agreement. HOW TO ASK US TO REVIEW THE FEE AGREEMENT DETERMINATION You or your representative may ask us to review the determination on the fee agreement. If you decide to ask us for a review, write us within 15 days from the day you get this order. Tell us that you disagree and give your reasons. Send your request to this address: Jasper J. Bede Regional Chief Administrative Law Judge SSA, ODAR Regional Office, 4th Floor PO Box 13496 Philadelphia, PA 19101 Your representative also has 15 days to write us if he or she does not agree with the determination on the fee agreement. You should include the social security number(s) shown send us. OCT 2 5 2006 Date FEE AGREEMENT SOCIAL SECURITY DISABILITY/SUPPLEMENT SECURITY INCOME ATTORIXEYFEE: I employ the Attorney named below to represent me before the Social Security administration in my Social Security Disability case, Supplemental Security Income (SS I).-ease, or both. If wIn, I agreo1hat my Attorney fee will be the lesser,of twerity-five percent (25%) of pastdue benefits payable to me 01' 111N, auxiliaries resulting from my claim(s), or ;55,300 0.0.. Tf,iny case must be appealed to federal court, the Attorney reserwes the rightto file a,petifion for more"ti ant5113100.00-1 -and-up-to-25% of my past due benefits. It3 the e ent of a ieral court appeal, any fee pursuant to the Equal Access-to Justice Act is assigned and.sl buld be pai&dire'ctly to the Attorney, who will use it to offset-any other fee for federal court representation owed to Elie Attrneyunder°421U.8'`C. § 406(ti): P?1? 1rE1?'T©FA?TTORlVEYFEE: I und'e'rstand that the Social Secrrty Administration (SSA) can withhold a cl~ itr p 1jF p'ay„fhetabo N e to Imp 4ttortiey; from:m? Bast dui Social Securit?? D1sabmI ty Benefits and my cluz SS+I If SAS 4f s iat «ithhold the Tee o`wed.to riil?. Attorney ITOi rniy pastt1e beneffts; i will r4mptly ay_ he At?tomneytl fee SSA approves?upctn-receipt of?my past due-tienefts.. „tlll'L°PAI'" ro h?SE In addition to.tl e Attorney fee I a ee to"pay nip Attorney for'expenses incurred for my case: The"se:may include, but are not limited'-to,-costs?to?purcliase me.dical`records amid repoits; long distance tel ep;>ione calls ;photocopyingE travel ' expenses,, facsimni] e transmissions; and fhe like.: The Attorn ey will prop ide.,an item`';ized1,b ll:for;fhese e peiis,es slio«li?? ho« and «hen thev«;cie in-U rred: I"agree to pay expelises.and costs°wheiher or not I.am+appr0 ed:for benefits. T%he_Attorney is.not required to pay any filing _ " ' fe T es or other costs iequired if my case,rnust bz alJj c led, to>,the Federal Court level. ` I?H4VE NOWT BEEYI P?ZOMlSED,THATI kTTLL "WIN. M }?-.\' torney promised 'he will do his best to help ' me; but did not prommse.me I will win or`to ;continue representln mehmf he determines he cannot `help me. If I d- scharge th'e Attorney, 1: remain' liable for any expenses incurred, andh`t-he Attorney shall retain the right to file.a T.. fee petition for`the irne worked on my case. ~ I accept and, approve this agreement: Date.. a3u?- Date r?Z? :eriI ;olluis; Esquire Claimant's Social Security Number: 206-52-9298 1 Fxti?y;f ? Peerless Insurance. Mcmb-M of Ub"W Muunl Group May 23, 2005 HARTMAN REHAB ASSOCIATES 2501 N 3RD ST 3RD FL HARRISBURG, PA 17110 RE: CLAIMANT: DONNA FUNK CLAIM #: 31622540 ASM DOI: 04/21/03 Dear Dr. Hartman: Claim Department 275 Grandview Ave, Suite 300 Camp Hill, PA 17011 (717) 763-7331 -, (800) 382-1223 Please find attached a copy of a Peer Review report previously mailed to your office on June 30, 2004 and an independent medical exam (IME) report by David C. Baker, MD which occurred on April 27, 2005. Dr. Baker's April 27, 2005 IME indicates the following: • Ms. Funk has "age related changes in her spine". • He states "It is not possible for me at this time to correlate these current complaints of pain with a motor vehicle accident that occurred in 2003". • With regard to her chronic widespread pain and depression - He does not "think either of those are related to the motor vehicle accident." • "No additional care is needed for injuries sustained on 4/21/03." "I do not think the lumbar complaints are due to the MVA and she does not require any care for those." • "She has no work restrictions based on the accident of 2003." Please find enclosed another copy of the completed Peer review report done by Kenneth Gentilezza, MD regarding Ms. Funk (Your office was originally sent this report on 6/30/04) Dr. Gentilezza at that time had indicated that Ms. Funk would require 6 more weeks of physical therapy. She would then be discharged to HEP (home exercise program) and have further follow-ups two to four times per year to assess functional status until Ms. Funk obtained a "stabilized level" and then be discharged. No reconsideration of the initial peer review was ever requested by your office, Ms. Funk or her attorney. Also, although it has been indicated that the claimant had a worsening of condition since the initial Peer Review, the IME does not indicate any worsening of condition relative to injuries from the motor vehicle accident of 4/21/03 and, in fact, indicates the current problems are not related to the motor vehicle accident of 4/21/03. It appears no further treatment is warranted for the injuries sustained in the accident of 4/21/03 and we would not be obligated to pay for further treatment. Sincerely, Angela Moyer, AIS, AIC, ACS Sr. Claims Representative Cc: METZGER, WICKERSHAM, KNAUSS & ERB. P.C ANDREW SPEARS, ESQUIRE 3211 North Front Street Harrisburg, Pennsylvania 17110 -? Peerless Insurance'ru Mcmbcr of ubcrw MUMA Gtoup August 19, 2005 PINNACLE HEALTH HOSPITALS ATTN: Christopher J. Ziegler, Psy. D. PO BOX 2353 HARRISBURG PA 17105 RE: CLAIMANT: DONNA FUNK CLAIM #: 31622540 ASM DOI: 04/21/03 Dear Provider: Claim Department 275 Grandview Ave, Suite 300 Camp Hill, PA 17011 (717) 763-7331 (800) 382-1223 Please find attached a copy of a Peer Review report and below information on an independent medical exam (IME) report by David C. Baker, MD from April 27, 2005. Dr. Baker's April 27, 2005 IME indicates the following: • Ms. Funk has "age related changes in her spine". • He states "It is not possible for me at this time to correlate these current complaints of pain with a motor vehicle accident that occurred in 2003". • With regard to her chronic widespread pain and depression - He does not "think either of those are related to the motor vehicle accident." • "No additional care is needed for injuries sustained on 4/21/03." "I do not think the lumbar complaints are due to the MVA and she does not require any care for those." • "She has no work restrictions based on the accident of 2003." Please find enclosed a copy of the completed Peer review report done by Kenneth Gentilezza, MD regarding Ms. Funk. Dr. Gentilezza at that time had indicated that Ms. Funk would require 6 more weeks of physical therapy. She would then be discharged to HEP (home exercise program) and have further follow-ups two to four times per year to assess functional status until Ms. Funk obtained a "stabilized level" and then be discharged. No reconsideration of the initial peer review was ever requested by Dr. Hartman, Ms. Funk or her attorney. Also, although it has been indicated that the claimant had a worsening of condition since the initial Peer Review, the IME does not indicate any worsening of condition relative to injuries from the motor vehicle accident of 4/21/03 and, in fact, indicates the current problems are not related to the motor vehicle accident of 4/21/03. It appears no further treatment is warranted for the injuries sustained in the accident of 4/21/03 and we would not be obligated to pay for further treatment. Sincerely, Angela Moyer, AIS, AIC, ACS Sr. Claims Representative e A Claim Department 275 Grandview Ave, Suite 300 Peerless Camp Hill, PA 17011 Insurance.. (717) 763-7331 (800) 382-1223 D[ecabrr of LYbcrtf- iNuatxt Getup October 3, 2005 ORTHPAEDICS DIVISION PO BOX 858 MC A410 HERSHEY PA 17033-0858 RE: CLAIMANT: DONNA FUNK CLAIM #: 31622540 ASM DOI: 04/21/03 Dear Provider: Please find attached a copy of a Peer Review report and below information on an independent medical exam (IME) report by David C. Baker, MD from April 27, 2005. Dr. Baker's April 27, 2005 IME indicates the following: • Ms. Funk has "age related changes in her spine". • He states "It is not possible for me at this time to correlate these current complaints of pain with a motor vehicle accident that occurred in 2003". • With regard to her chronic widespread pain and depression - He does not "think either of those are related to the motor vehicle accident." • "No additional care is needed for injuries sustained on 4/21/03." "1 do not think the lumbar complaints are due to the MVA and she does not require any care for those." • "She has no work restrictions based on the accident of 2003." Please find enclosed a copy of the completed Peer review report done by Kenneth Gentilezza, MD regarding Ms. Funk. Dr. Gentilezza at that time had indicated that Ms. Funk would require 6 more weeks of physical therapy. She would then be discharged to HEP (home exercise program) and have further follow-ups two to four times per year to assess functional status until Ms. Funk obtained a "stabilized level" and then be discharged. No reconsideration of the initial peer review was ever requested by Dr. Hartman, Ms. Funk or her attomey. Also, although it has been indicated that the claimant had a worsening of condition since the initial Peer Review, the IME does not indicate any worsening of condition relative to injuries from the motor vehicle accident of 4/21/03 and, in fact, indicates the current problems are not related to the motor vehicle accident of 4/21/03. It appears no further treatment is warranted for the injuries sustained in the accident of 4/21/03 and we would not be obligated to pay for further treatment. Sincerely, Angela Moyer, AIS, AIC, ACS Sr. Claims Representative Peerless r. Insurance Ma d=af IJb W Mattel G=W Claim Department 275 Grandview Ave, Suite 300 Camp Hill, PA 17011 (717) 763-7331 (800) 382-1223 October 5, 2006 HARTMAN REHAB ASSOCIATES 2501 N 3RD ST 3RD FL HARRISBURG, PA 17110 coo p17 RE: CLAIMANT: DONNA FUNK CLAIM #: 31622540 ASM DOI: 04/21/03 Dear Dr. Hartman: Please find attached a copy of a Peer Review report previously mailed to your office on June 30, 2004 and an independent medical exam (IME) report by David C. Baker, MD which occurred on April 27, 2005. Dr. Baker's April 27, 2005 IME indicates the following: • Ms. Funk has "age related changes in her spine". • He states "It is not possible for me at this time to correlate these current complaints of pain with a motor vehicle accident that occurred in 2003". • With regard to her chronic widespread pain and depression - He does not "think either of those are related to the motor vehicle accident." • "No additional care is needed for injuries sustained on 4/21/03." "I do not think the lumbar complaints are due to the MVA and she does not require any care for those." • "She has no work restrictions based on the accident of 2003." Please find enclosed another copy of the completed Peer review report done by Kenneth Gentilezza, MD regarding Ms. Funk (Your office was originally sent this report on 6/30/04) Dr. Gentilezza at that time had indicated that Ms. Funk would require 6 more weeks of physical therapy. She would then be discharged to HEP (home exercise program) and have further follow-ups two to four times per year to assess functional status until Ms. Funk obtained a "stabilized level" and then be discharged. No reconsideration of the initial peer review was ever requested by your office, Ms. Funk or her attorney. Also, although it has been indicated that the claimant had a worsening of condition since the initial Peer Review, the IME does not indicate any worsening of condition relative to injuries from the motor vehicle accident of 4/21/03 and, in fact, indicates the current problems are not related to the motor vehicle accident of 4/21/03. It appears no further treatment is warranted for the injuries sustained in the accident of 4/21/03 and we would not be obligated to pay for further treatment. Sincerely, a Angela Moyer, S, AIC, ACS Sr. Claims Representative Cc: METZGER, WICKERSHAM, KNAUSS & ERB. P.C ANDREW SPEARS, ESQUIRE 3211 North Front Street Harrisburg, Pennsylvania 17110 Printed By: KHAMBRIG 4/5/2007 Peerless lnsu rmce,m Mamba dubmyMural QQW March 16, 2007 RS MEDICAL PO BOX 872650 VANCOUVER WA 98687-2560 RE: CLAIMANT: DONNA FUNK CLAIM #: 31622540 ASM DOI: 04/21103 Dear Provider: COR 040307-20 Page 1 Claim Department 275 Grandview Ave, Suite 300 Camp Hill, PA 17011 (717) 763-7331 // ? n ? !? (800) 382•1223 ?S We are returning the enclosed bill for date of service 2/19/07 in the amount of $465. We are unable to pay the bill under this claim based on a peer review done on the referring provider, Dr. Harbnan, as well as an IME which indicates no further treatment is now necessary for the injuries sustained in this motor vehicle accident. Dr. Baker's April 27, 2005 IME indicates: "It is not possible for me at this time to correlate these current complaints of pain with a motor vehicle accident that occurred in 2003". With regard to her chronic widespread pain ...He does not "think either of those are related to the motor vehicle accident." "No additional care is needed for injuries sustained on 4/21/03." "I do not think the lumbar complaints are due to the MVA and she does not require any care for those." The Peer review report done by Kenneth Gentilezza, MD on Dr. Hartman's care indicated that Ms. Funk would require 6 more weeks of physical therapy. She would then be discharged to HEP (home exercise program) and have further follow-ups two to four times per year to assess functional status until Ms. Funk obtained a "stabilised level" and then be discharged. No reconsideration of the initial peer review was ever requested by Dr. Hartman, Ms. Funk or her attorney. Also, although it has been indicated that the claimant had a worsening of condition since the initial Peer Review, the IME does not indicate any worsening of condition relative to injuries from the motor vehicle accident of 4/21/03 and, in fact, indicates the current problems are not related to the motor vehicle accident of 4/21/03. It appears no further treatment is warranted for the injuries sustained in the accident of 4/21/03 and we would not be obligated to pay for your bill. Sincerely, 0, lx&voe Angela Moye , AIS, AIC, ACS, SCLA Sr. Claims Representative to, salraD MAR 19 2007 COR 040307-20 Page 1 ??? ? -. a `T7 ?.. --a '? -{Z :i ` r - t'? W `Za ._._ .. r . ~? y: _ A? tnL,} Cr Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff DONNA FUNK, Plaintiff vs. PEERLESS INSURANCE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW - 2007-01495 P JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification for the Verification of counsel on Plaintiff's METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Edward E. Knauss, , Esquire Attornev I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Complaint. Dated: :3J /0 Cry Attorneys for Plaintiffs 394316-1 VERIFICATION I, Donna Funk do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 388714-1 r G7 CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this l day o ?? 20 , on the following: W. Darren Powell, Esquire 305 North Front Street P.O. Box 999 Harrisburg, Pa 17108-0999 394316-1 C? c-? p `? --y- `? c , ? ? " ? "' _rJ ' r r. r t r ? ' - , r Z _..- Z ?' ? , ^„ ?? f J -t :.?. ',7 ?= ??.. _` ? ' °F-i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, V. Civil Action Law No.: 07-1495 Civil Term PEERLESS INSURANCE COMPANY, Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Donna Funk, Plaintiff and Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Ily subm Date: March 13, 2008 THOMAS, THOF AS $,,HAFER, L W. Darren Powell, Esquir Attorney I.D. No. 68953 P.O. Box 999 Harrisburg, PA 17108-099 (717) 237-7154 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes Defendant Peerless Insurance Company, by and through its attorneys, W. Darren Powell, Esquire, and Thomas, Thomas & Hafer, LLP, and files this Answer with New Matter to Plaintiff's Complaint, averring and stating as follows: 1. Admitted in part, denied in part. It is admitted only that Plaintiff is an adult individual. After reasonable investigation Defendant is without sufficient information to form a belief as to the truth or veracity of the remaining averments contained in this paragraph and, therefore, the same are denied with strict proof thereof demanded. 2. Admitted. 3. Admitted in part, denied in part. It is admitted only that Plaintiff and Defendant entered into a contract of automobile insurance and that the policy is identified as No. PLB M516874 and was in effect as of the referenced date. It is also admitted that Plaintiff made a claim for first-party benefits, which was assigned claim No. 301622540. The referenced contract is a written document which speaks for itself and, therefore, any and all characterizations of the same are denied. 4. Admitted in part, denied in part. It is admitted only that, based upon information provided, Plaintiff was involved in an automobile accident on April 23, 2003. 5. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 6. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 7. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 8. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 9. Admitted in part, denied in part. It is admitted only that Defendant received notification of the claim. The remaining averments contained in this paragraph constitute conclusions of law to which no response is required. 10. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 11. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 12. Denied. After reasonable investigation Defendant is without sufficient information to form a belief as to the truth or veracity of the averments contained in this paragraph and, therefore, the same are denied with strict proof thereof demanded, if relevant. 13. Denied. After reasonable investigation Answering Defendant is without sufficient information to form a belief as to the truth or veracity of the averments contained in this paragraph and, therefore, the same are denied with strict proof thereof demanded, if relevant. 2 14. Denied. By way of further response, Defendant contracted with Disability Care Management Professionals, Inc., a licensed Peer Review Organization, approved by the Commonwealth of Pennsylvania. The referenced Peer Review report is a written document that speaks for itself and, therefore, any and all characterizations of the same are denied. 15. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. The referenced Peer Review report is a written document that speaks for itself and, therefore, any and all characterizations of the same are denied. 16. Denied. By way of further response, Defendant requested Disability Care Management Professionals, Inc. to schedule an independent medical examination. Disability Care Management Professionals, Inc. contacted David C. Baker, M.D. to perform the independent medical examination. The referenced independent medical examination narrative report is a written document that speaks for itself and, therefore, any and all characterizations of the same are denied. 17. Denied. The referenced report is a written document which speaks for itself and, therefore, any and all characterizations of the same are denied. 18. Denied. After reasonable investigation Answering Defendant is without sufficient information to form a belief as to the truth or veracity of the averments contained in this paragraph and, therefore, the same are denied with strict proof thereof demanded. 19. Denied as stated. By way of further response, Dr. Baker's report is a written document which speaks for itself and, therefore, any and all characterizations of 3 the same are denied. Further, to the extent this paragraph refers to a written document, the same speaks for itself and, therefore, any and all characterizations of the same are denied. 20. Denied. After reasonable investigation Defendant is without sufficient information to form a belief as to the truth or veracity of the averments contained in this paragraph and, therefore, the same are denied with strict proof thereof demanded. By way of further response, the reference is to a written document which speaks for itself and, therefore, any and all characterizations of the same are denied. 21. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 22. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 23. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 24. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. 25. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. COUNT I - BREACH OF CONTRACT 26. Paragraphs 1 through 25 of this Answer are incorporated herein by reference as set forth fully herein. 4 27. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 28. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. 29. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant and against Plaintiff with said Complaint being dismissed with prejudice. COUNT II - BAD FAITH 30. Paragraphs 1 through 29 of this Answer are incorporated herein by reference as set forth fully herein. 31. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. 32. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. 33. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. 5 34. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. 35. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are specifically denied. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant and against Plaintiff with said Complaint being dismissed with prejudice. NEW MATTER 36. Plaintiff's claims must be reduced and/or are barred by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 37. Defendant acted appropriately in the handling and investigation of Plaintiff's claim. 38. The care for which payment is being sought by Plaintiff has been determined not to be related to the automobile accident pursuant to an independent medical examination. 39. Defendant has acted in accordance with all laws and regulations in the handling of this claim. 40. Plaintiff has failed to state a claim for attorneys' fees or treble damages. 41. Plaintiff has failed to set forth a claim under 75 Pa. C.S § 1716, as there are no overdue benefits given the fact that an independent medical examination determined that the benefits were not owed. 6 42. Plaintiff has failed to set forth a claim for recovery of attorney's fees. 43. Plaintiff's claims may be barred or limited by the doctrine of laches. 44. Plaintiff's claims may be barred or limited by the applicable statute of limitations. 45. Plaintiff's claims may be barred, in whole or in part, pursuant to Pa. C.S. § 1721. 46. Plaintiff's claims may be barred and/or diminished by the terms and conditions of the applicable policy. 47. An award of punitive damages under the circumstances of this claim would be violative of the Pennsylvania and United States Constitutions. WHEREFORE, Defendant Pennsylvania General Insurance Company, incorrectly identified as One Beacon Insurance, respectfully demands judgment be entered in its favor and against Plaintiff, with Plaintiff's Complaint being dismissed with prejudice. Respectfully submitted, ,"Th(o\mas,mas Hafer, Date: March 13, 2008 No. 68953 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorney for Defendant 7 VERIFICATION 1, Angela Moyer, on behalf of Peerless Insurance, hereby state and aver that I have read the foregoing DEFENDANT'S ANSWER WITH NEW MATTER, which has been drafted with the assistance of Defendant's counsel. Language in the foregoing pleading is that of counsel and not of the undersigned. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: y? Angela oyer CERTIFICATE OF SERVICE I, Nora A. Starnes, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing Answer with New Matter was served upon the following person(s) as follows: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 Date: March 13, 2008 zyo??? Nora A. Starnes ('; r., ?T? q c.?ty ra (? ,'T" i ? ? °"? `f') ,?°? `i 7 } ?S J 1? ?. ,?`' . `y1 ?"._ ? M Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff DONNA FUNK, Plaintiff PENNSYLVANIA VS. PEERLESS INSURANCE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 07-1495 Civil Term JURY TRIAL DEMANDED REPLY OF PLAINTIFF TO NEW MATTER OF DEFENDANT 36. Denied as a legal conclusion. 37. Denied and in further answer, the complaint is incorporated herein by reference and made a part hereof. 38. Denied that the care is not related to the automobile accident. The report of the IME speaks for itself. 39. Denied. 40. Denied. 41. Denied. 42. Denied. 43. Denied. 44. Denied. 45. Denied. 46. Denied. 47. Denied. WHEREFORE, Plaintiff demands that the New Matter be dismissed and that judgment be entered in her favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff Dated: 2 395850-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff and that the facts in the foregoing Plaintiff's Reply to New Matter are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, are as known to the undersigned as to the client, Plaintiff Donna Funk, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. ei? A - EDWARD E. KNAUSS, IV Dated: L(, 2.C') 0 395850-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this '-? day of /!•^? , 2008, on the following: W. Darren Powell, Esquire 305 North Front Street P.O. Box 999 Harrisburg, Pa 17108-0999 dward E. Knauss, IV 395850-1 sv t A- n F OP -I C- co IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. DEFENDANT'S MOTION TO COMPEL AND NOW, comes Defendant by and through its attorneys, W. Darren Powell and Thomas, Thomas & Hafer, LLP, and moves this Court for an Order directing Plaintiff to provide full and complete responses to discovery, and, in support thereof, avers and states as follows: 1. Plaintiff initiated this action to the above docket by the filing of a Complaint on or about January 22, 2008. 2. Defendant filed its Answer with New Matter on or about March 13, 2008. 3. Defendant served Plaintiff with Interrogatories and Requests for Production of Documents on November 20, 2007. A true and correct copy of said discovery is attached hereto and marked respectfully as Exhibits "A" and "B." 4. Pursuant to Pa.R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days of service of the interrogatories. 5. Pursuant Pa.R.C.P. 4009.12, the party upon whom a request of documents is made shall serve an answer to such requests within thirty (30) days of service. 6. The thirty (30) days have expired since Defendant served the above- referenced discovery and Plaintiff has failed to provide any response to the same. 7. By letter dated January 25, 2008, counsel for Defendant requested the Plaintiff provide the overdue discovery within ten (10) days. A copy of said letter is attached as Exhibit "C". 8. As of this date, Defendant has yet to receive any response or answer to the outstanding discovery. 9. As Plaintiff has failed to respond in accordance with the Rules of Civil Procedure, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete answers to the outstanding Interrogatories and Requests for Production of Documents or be precluded from introducing any such evidence at the arbitration or trial of the suit. 10. Defendant is prejudiced by Plaintiffs refusal to provide discovery responses, as it has been precluded from ascertaining the nature of Plaintiff's defenses and/or gaining the necessary investigative materials to further the course of the instant litigation. 11. No judge has had prior involvement with this case. WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete answers to the outstanding Interrogatories and Requests for Production of Documents, or be precluded from offering such evidence or testimony at the arbitration or trial of this case and/or otherwise suffer sanctions. Date: ,: , 2009 607884.1 Respectfully submitted, THOMAS, THOVW\# HAFER, W. narren owell, Esquird,----7-7? I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 2 CERTIFICATE OF SERVICE w? AND NOW, this 30`day of 4441-' 2009, I, Gina M. Tooth, a legal secretary at the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 THOMAS, THOMAS & HAFER, LLP Gi M. Tooth, Legal Secretary T)CgflBIT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. INTERROGATORIES OF DEFENDANT ADDRESSED TO PLAINTIFF PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS A. "DOCUMENT"- writings or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "IDENTIFY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identify" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication or which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identify and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. THOMAS, THOMAS & HAFER, LLP Date W, DARREN POWELL ESQUIRE /YG 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 237-7154 II 1. Please state your full name, present address, date of birth, place of birth, social security number, employer (if applicable), and any and all addresses where you have resided for the past ten (10) years. ANSWER: 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff in this case. ANSWER: 3. List the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiff's behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: 4. Do you have any documents such as writings, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to whom has custody over the writing and/or document. ANSWER: 5. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 6. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 7. Have you fully recovered from any of your injuries, and if so, state the approximate date of recovery. If you have not recovered from any of your injuries, state those injuries from which you have not recovered, and in what respect you have not fully recovered. ANSWER; 8. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 9. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 10. Please identify each document, which you intend to introduce at the time of trial or arbitration of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 11. With respect to each expert witness you intend to call at the trial or arbitration of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; C. a summary of the grounds for each such expert opinion. ANSWER: 12. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, rebuttal and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: 13. State the names and addresses of all hospitals, doctors, therapists, etc. who have examined you or treated you because of this accident. ANSWER: 14. Prior to this incident, did you ever suffer any injury, sickness or disease involving any part or function of the body alleged in this suit to have been injured? If so, please state the following: a. when you suffered such injury, sickness or disease; b. if you have fully recovered from the prior injury, sickness or disease; and C. the names and address of all physicians who treated you for any previous injury, sickness or disease. ANSWER: 15. List all physicians, including complete names, addresses and practice, who have provided treatment to you in the past five (5) years. ANSWER: 16. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number and the limits of first-party medical and income loss coverage on each said policy. ANSWER: 17. For each insurer identified in your response to the preceding Interrogatory for which you submitted a claim for first-party medical or income loss benefits, identify limits, amounts paid and amount of coverage remaining for medical and income loss. ANSWER: 18. At the time of the subject accident, please identify all vehicles that you owned. ANSWER: 19. At the time of the accident, please identify who you lived with and whether they owned motor vehicles. If so, please identify the carrier and policy number for vehicles. ANSWER: 20. Was this a work-related motor vehicle accident? If so, please identify the name, address, and claim number of the workers' compensation carrier. ANSWER: 21. Please identify Plaintiff's health insurance carrier(s) from the date of the accident through the present. ANSWER: CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a paralegal for the law firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record in the manner and on the date set forth below: Via Regular Mail: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 oatea THOMAS, THOMAS & HAFER, LLP fIBIJ, B IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff, Civil Action Law No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF AND NOW, pursuant to the Pennsylvania Rules of Civil Procedure, comes the Defendant by its attorneys, W. Darren Powell, Esquire and Thomas, Thomas & Hafer, LLP, and requests Plaintiff to produce for inspection, examination and copying the following items at the law firm of Thomas, Thomas & Hafer, LLP, 305 North Front Street, Sixth Floor, Harrisburg, Pennsylvania 17101, within thirty (30) days after service of this request. THOMAS, THOMAS & HAFER, LLP By: Dated: W. DARREN POWELL, ESQUIRE 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 237-7154 DEFINITIONS 1. As used in this Request for Production of Documents, the words and terms set forth below shall be defined as follows: (a) "Describe" and "specify," and/or "state" shall mean to set forth fully and unambiguously, using technical terms or words of art, if necessary, each and every fact relevant to the answer called for by the request which the answering party or those agents, employees or representatives to have knowledge. (b) "Identify" when referring to an individual means to state: (i) his name or her name; (ii) title or job classification at the time of the events referred to in your answer; (iii) present address, if known, and/or last known address and current or last known employer. (c) "Identify" when referring to a document means to: (i) state the type of document (e.g., letter, journal, record, memorandum); its date; title, and identifying number, if any; general subject matter; and its present location; (ii) state each person who prepared it, each person for whom it was prepared, the known address of each person who presently has custody of the original copies thereof. (d) The words "document" and "documents" as herein used include but are not limited to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and any non- identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diaries, calendar or diary entries, schedules, maps, graphics, contracts, appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, correspondence, letters, tables, drawings, and including preliminary versions, drafts or revisions of any of the foregoing, as well as all other documents, defined in the Pennsylvania Rules of Civil Procedure. (e) "You" or "your" shall mean to include the answering party, and each of the said party's representatives, and where appropriate the directors, agents, officers and employees and all other persons acting for or on behalf of the answering party. (f) "Persons" and/or "individual" shall mean any individual, partnership, firm, corporation, trust, governmental agency or other entities; and also, relevant, individual representing such "person." (g) "Plaintiff" refers to Marie Costanza. INSTRUCTIONS FOR USE 1. In producing the documents designated below, you are requested to furnish all documents known or available to you, regardless of whether a document is currently in your possession, custody, or control, or that of your attorneys, employees, agents, investigators, or other representatives, or is otherwise available to you. 2. If, for any reason, you are unable to produce in full any document requested: a. Produce each such document to the fullest extent possible; b. Specify the reasons for your inability to produce the remainder; and c. State in detail whatever information, knowledge, or belief you have concerning the whereabouts and substance of each document not produced in full. 3. If any document requested was at one time in existence, but in no longer in existence, please state for each document as to which that is the case: a. The type of document; b. The types of information contained therein; C. The date upon which it ceased to exist; d. The circumstances under which it ceased to exist; e. The identity of all persons having knowledge of the circumstances under which it ceased to exist; and f. The identity of all persons having knowledge or who had knowledge of the contents thereof. 4. For each document requested which you are unable to produce and which was at any time in your possession, custody, or control, or to which you had access at any time, specify in detail: a. The nature of the document (i.e. letter, memorandum, etc.); b. The author of the document; C. All recipients of the document and any copy thereof; d. A summary of the information contained in the document; e. The date on which you lost, relinquished, or otherwise ceased to have possession, custody, control of, or access to the document; f. Identify all persons having knowledge of the circumstances whereby your lost, relinquished, or otherwise ceased to have possession, custody, or control of, or access to the document; and g. Identify all persons who have or have had knowledge of the contents of the document, if full or in part. 5. In the event you seek to withhold or do withhold any document, in whole or in part, on the basis that it is not subject to discovery, produce a list of all such documents and, as to each such document, state: a. The name of each author, writer, sender or initiator of each such document; b. The name of each recipient, addressee or party to whom such document was intended to be sent; C. The name of each and every person who received a copy of the document; was prepared; d. The date of the document or, if no date appears on the document, the date the document e. The title of the document, or if it has no title, then such other description document and its subject matter as shall be sufficient to identify the document; and f. The grounds claimed for withholding the document from discovery and the factual basis for such a claim. 6. As to each document produced, you are requested to designate the paragraph and subparagraph of this request to which each such document is responsive. 7. This Request is a continuing one, and requires that you produce all responsive documents and tangible objects whenever you obtain or become aware of them, even if they are not in your possession or available to you on the date you first produce documents pursuant to this Request. DOCUMENTS TO BE PRODUCED 1. Any and all documents identified in your Answers to Interrogatories. 2. Any and all documents which may be used as exhibits at trial or any hearing with regard to this matter. 3. All statements, including but not restricted to those defined by the Pennsylvania Rules of Civil Procedure, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other matter involved in or pertaining to this case. 4. A copy of the curriculum vitae for each of your experts. 5. All documents prepared by you or by any representative(s), agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original) now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their Behalf.) 6. Copies of all bills, records, notes and documents which relate in any way to Plaintiff or the medical condition or treatment of Plaintiff prior to and following the subject accident. 7. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 8. All documents relating in any way to all damages and losses sustained by Plaintiff. This should include, but not be limited to all bills, receipts, reports, records, documents, etc. reflecting diagnosis or prognosis. 9. Copies of all correspondence between you and your counsel relative to prosecution of this case. 10. Copies of all reports from anyone who performed investigations and the results of those investigations conducted by Plaintiff, Plaintiff's counsel, anyone on Plaintiff's behalf or any other individual or organization. CERTIFICATE OF SERVICE I, Kate Wilhelm, a paralegal at the law firm of Thomas, Thomas and Hafer hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 Kate i el Date ?x?IB1? ? THOMAS, THOMAS & HAFERLLP ATTORNEYS AT LAW ff&4 www.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 W. Darren Powell (717) 237-7154 dpowell@tthlaw.com January 25, 2008 Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street Harrisburg PA 17110 RE: Donna Funk v. Peerless Insurance Company Civil Case No.: 07-1495 Our File: 640-70536 Dear Attorney Knauss: Discovery in the nature of Interrogatories and Request for Production of Documents were served upon you by correspondence dated November 20, 2007. A review of my file, however, indicates that I have yet to receive any response to this discovery. As you are aware, this discovery is overdue. As such, please provide discovery responses within the next ten days in order to avoid judicial intervention. Thank you for your attention to this matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP W. Darren Powell WDP/nas:547841.11 Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 i FILED D 1009 AUK -3 I'i'i I : `t fg _f? _ir DONNA FUNK, Plaintiff VS. PEERLESS INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1495 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this l ? day of August, 2009, a rule is issued on the Plaintiff to show cause the relief requested in the within Motion to Compel should not be granted. This rule is returnable fourteen (14) days from date of service. -' Edward E. Knauss, IV, Esquire 3211 North Front Street Harrisburg, PA 17110 For he Plaintiff W. Darren Powell, Esquire 305 North Front Street, P. O. Box 999 Harrisburg, PA 17101 For the Defendant :rlm t.0 E.S Ma L LL g??/Cq BY THE COURT, FiLt 2009 UG -7 PH 3' 40 Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 DONNA FUNK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. PEERLESS INSURANCE COMPANY Defendant NO.: 07-1495 CIVIL TERM JURY TRIAL DEMANDED PETITION TO WITHDRAW AS COUNSEL PURSUANT TO PA R.C.P. 1012 1. The undersigned counsel is attorney of record for the Plaintiff in the above case. 2. On April 2, 2008, Plaintiff discharged the undersigned counsel as her attorney in this case. Attached hereto as Exhibit "A" is the letter of April 2, 2008 from Plaintiff discharging the undersigned as her counsel in this case. 3. The undersigned desires to withdraw as counsel on the record in view of this discharge, and requests the Court to issue an Order allowing the undersigned to withdraw. 4. The address of Plaintiff Donna Funk is 1603 Hummel Avenue, Camp Hill, Pennsylvania. 425098-1 WHEREFORE, it is requested that the Court issue an Order allowing the undersigned counsel to withdraw on the record as counsel for Plaintiff in the above case. METZGER, WICK RSHAM, KNAUSS & ERB, P.C. By: E ward E. cuss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 425098-1 Donna Funk 1603 Hummel Avenue Camp Hill, PA 17011 April 2, 2008 Ted Knauss, Esquire Metzger & Wickersham 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Re: MVA of 4/21/03 Suit against Peerless arising out of the MVA of 4/21/03 Dear Mr. Knauss: I no longer wish for you to represent me with regard to the above matters. Please forward my entire file to the firm of Haggerty & Silverman, P.C., 240 North Duke Street, Lancaster, PA 17602, (717) 397-3200. All communications should go through the above office. Please do not contact me directly. Very truly yours, r Donna u cc: Haggerty & Silverman. P.C. CERTIFICATE OF SERVICE AND NOW, this 18th day of August, 2009, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Claimant, hereby certify that I served a copy of the within Petition to Withdraw as Counsel this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Donna Funk W. Darren Powell, Esquire 1603 Hummel Avenue 305 North Front Street Camp Hill, PA 17011 P. O. Box 999 Harrisburg, PA 17101 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Claimant 425098-1 o? 7*1 weG9 o? 7 . Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 DONNA FUNK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. PEERLESS INSURANCE COMPANY Defendant : NO.: 07-1495 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF PLAINTIFF TO DEFENDANT'S PETITION TO COMPEL DISCOVERY RESPONSES 1. Admitted. 2. Admitted. 3. Admitted. 4. The rules speak for themselves. 5. The rules speak for themselves. 6. Admitted. 7. The letter speaks for itself. 8. Admitted. In further answer thereto, the undersigned counsel was in the process of preparing discovery responses when, on April 2, 2008, Plaintiff discharged the undersigned counsel as her attorney in this case. Attached hereto as Exhibit "A" is the letter of April 2, 2008 from the Plaintiff Donna Funk discharging the undersigned counsel as her attorney. 425091-1 4 9. In answer to paragraph 9, it is requested that the Court issue an Order staying the proceedings until such time as Plaintiff obtains other counsel. The law firm of Haggerty & Silverman, P.C., referred to in the letter attached hereto, has not undertaken representation of Plaintiff, so that Plaintiff is currently unrepresented. The undersigned counsel is, concurrently with the filing of this Answer, filing a petition to formally withdraw as counsel on the record, even though he was discharged as counsel on April 2, 2008. 10. It is denied that Defendant is prejudiced or will be prejudiced if the Court allows additional time for Plaintiff to either obtain other counsel or undertake to represent herself and file discovery responses. 11. Admitted. WHEREFORE, it is requested that this Court issue an appropriate Order allowing Plaintiff additional time to obtain counsel before being required to answer the discovery. METZGER CKERSHAM, KNAUSS & ERB, P.C. 7 By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 425091-1 1 0 CERTIFICATE OF SERVICE AND NOW, this 18th day of August, 2009, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Claimant, hereby certify that I served a copy of the within Answer of Plaintiff to Defendant's Petition to Compel Discovery Responses this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Donna Funk W. Darren Powell, Esquire 1603 Hummel Avenue 305 North Front Street Camp Hill, PA 17011 P. O. Box 999 Harrisburg, PA 17101 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Claimant 425091-1 Donna Funk 1603 Hummel Avenue Camp Hill, PA 17011 April 2, 2008 Ted Knauss, Esquire Metzger & Wickersham 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Re: MVA of 4/21/03 Suit against Peerless arising out of the MVA of 4/21/03 Dear Mr. Knauss: I no longer wish for you to represent me with regard to the above matters. Please forward my entire file to the firm of Haggerty & Silverman, P.C., 240 North Duke Street, Lancaster, PA 17602, (717) 397-3200. All communications should go through the above office. Please do not contact me directly. Very truly yours, r Donna u cc: Haggerty & Silverman. P.C. HLED- QF THE P^0-gTrAl I9iAPY 2409 AUG 19 P !: 29 GUi?°e _'?,'rv*?Y t d? Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 DONNA FUNK, Plaintiff vs. PEERLESS INSURANCE COMPANY Defendant AUG 2 4 2009A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1495 CIVIL TERM JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this 2 day of i , 2009, a Rule is hereby issued on the Plaintiff Donna Funk and on counsel for Defendant W. Darren Powell, Esquire, to show cause why the Petition of Attorney Edward E. Knauss, IV to withdraw as counsel for Plaintiff should not be granted. This Rule is returnable in t J days from date of service. t 425098-1 FILED-OrFKC`E 4 OF THE TARY 2009 AUG 24 PM 1: 57 f 'A $ act pl - 00F ` Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 DONNA FUNK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. PEERLESS INSURANCE COMPANY Defendant : NO.: 07-1495 CIVIL TERM : JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE 1. On August 19, 2009, Counsel for Plaintiff filed a Petition to Withdraw as Counsel, after which a Rule to Show Cause was issued by Judge Oler. 2. The Petition and Rule to Show Cause were served on Plaintiff Donna Funk by both regular and certified mail, and received by Donna Funk as evidenced by the signed return receipt card and letter of August 28, 2009 attached hereto as Exhibit "A." 3. The Petition and Rule were also served upon Counsel for Defendant, W. Darren Powell, Esquire by both regular mail and by facsimile, as evidenced by the letter and attachments attached hereto as Exhibit "B." 4. No Answer or Objection has been filed or served by either Plaintiff Donna Funk or Attorney Powell. 433177-1 WHEREFORE, the undersigned Counsel for Plaintiff requests the Court to make the Rule Absolute and Order that the undersigned Counsel may withdraw as Counsel for Plaintiff in this action. METZGER, WIC ERSHA KNAUSS & ERB, P.C. By: Edward E. auss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 433177-1 CERTIFICATE OF SERVICE AND NOW, this 11th day of December, 2009, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Claimant, hereby certify that I served a copy of the within Motion to Make Rule Absolute this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Donna Funk W. Darren Powell, Esquire 1603 Hummel Avenue 305 North Front Street Camp Hill, PA 17011 P. O. Box 999 Harrisburg, PA 17101 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E?Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Claimant 433177-1 SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 August 28, 2009 Via Certiried And U.S. Mail Ms. Donna Funk 1603 Hummel Avenue Camp Hill, PA 17011 0 Re: Your Suit Against Peerless Dear Ms. Funk: Enclosed is Rule to Show Cause. .n - ru ' M C3 Certlfed Fee R d j C3 Requ (E = ) C3 Restricted W Fee R ewired) (Endomementt 0 -0 Total Postage & Fees ru Sent TO P_ ?... 5`tri9et, ApLNo:; C3 O & ERB, P.C. 13 AOW '71 1g_L - MW d/o I-1mm hem 14 0 *0 0 Or lO 130x ^? - 1_ Q ------ N..u .mnn..a-----U=-u-G -....-. [?- C6y siefe, zip-- - ., (1Q ?r D elp..1M/ PWO- tor 111" 0 Im4nd NY C-.= 4. RwM1oMd Orw?1?1 vn 2. Ar"r#otlWr 7007 2560 0000 0344 8246 flMo??An+n sor+b? bbo9 - - -- - Other Offices Lancaster Shippensburg 717-431-0138 717-530-7515 Wilkes-Barre York 570-825-7500 717-843-0502 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty, IV Andrew W. Norfleet Michael J. Boone Robert P. Grubb Of Counsel * Board Certified in civil trial law and advocacy by the National Board Very truly yours, SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices August 28, 2009 Lancaster Shippensburg 717-431-0138 717-530-7515 Wilkes-Barre York 570-825-7500 717-843-0502 VIA FACSIMILE: (717) 237-7105 AND U.S. MAIL W. Darren Powell, Esquire Thomas, Thomas & Hafer, L. L. P. P. O. Box 999 Harrisburg, PA 17108 O Re: Donna Funk v. Peerless Insurance Company Civil Case No.: 07-1495 Your File No. : 640-70536 n Dear Darren: ILLII? Enclosed is Rule to Show Cause regarding our Petition to withdraw as counsel. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV EEK\crs Enclosure James F. Carl Edward E. Knauss, IV* Clark DeVeret Francis J. Lafferty, IV Andrew W. Norfleet Michael J. Boone Robert R Grubb Of Counsel 425964-1 * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy t AUG ? A 2009 Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 DONNA FUNK, Plaintiff vs. PEERLESS INSURANCE COMPANY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07-1495 CIVIL TERM : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, thisday of , 2009, a Rule is hereby issued on the Plaintiff Donna Funk and on counsel for Defendant W. Darren Powell, Esquire, to show cause why the Petition of Attorney Edward E. Knauss, IV to withdraw as counsel for Plaintiff should not be granted. This Rule is returnable in Iq days from date of service. All pr-ooeedi - i By the Court: L Judge *"•>f"1 ?'? F ' ¢.we; tit}'I: p+yym 1~ said Ctrs at WsM. ft 425098-1 ???? Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 DONNA FUNK, Plaintiff vs. PEERLESS INSURANCE COMPANY Defendant IN THE COURT OF COMM CUMBERLAND COUNTY, NO.: 07-1495 CIVIL TERM JURY TRIAL DEMANDED n a o r:;.. I PLEAS ?? L).NIA PETITION TO WITHDRAW AS COUNSEL PURSUANT TO PA R.C.P. 1012 1. The undersigned counsel is attorney of record for the Plaintiff in the above case. 2. On April 2, 2008, Plaintiff discharged the undersigned counsel as her attorney in this case. Attached hereto as Exhibit "A" is the letter of April 2, 2008 from Plaintiff discharging the undersigned as her counsel in this case. 3. The undersigned desires to withdraw as counsel on the record in view of this discharge, and requests the Court to issue an Order allowing the undersigned to withdraw. 4. The address of Plaintiff Donna Funk is 1603 Hummel Avenue, Camp Hill, Pennsylvania. 425098-1 WHEREFORE, it is requested that the Court issue an Order allowing the undersigned counsel to withdraw on the record as counsel for Plaintiff in the above case. METZGER, WIC RSHAM, KNAUSS & ERB, P.C. By: E ward E. nauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 425098-1 FACSIMILE TRANSMITTAL SHEET 3211 NORTH FRONT STREET HARRISBURG, PA 17110-0300 717-238-8187 DATE: August 28, 2009 FAX: 717-234-9478 Other Offices TO: NAME: W. Darren Powell, Esquire Colonial Park Lancaster 717-652-7020 717431-0138 COMPANY/FIRM: Thomas Thomas & Hafer L L P , , . . . Mechanicsburg Millersburg FAX NO.: (717) 237-7105 717-671-5577 717-692-5810 Shippensburg Wilkes-Barre 717-530-7515 570-825-7500 FROM: Edward E. Knauss, IV, Esquire York 717-843-0502 SUBJECT: Donna Funk v. Peerless Insurance Company NO. OF PAGES (INCLUDING THIS PAGE): 5 SENDER COMMENTS: 50-748 James F. Carl Edward E. Knauss, IV" Clark DeVere CONFIDENTIALITY NOTE: Francis J. Lafferty, IV This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is Andrew W. Norfleet privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended Michael J. Boone c;y recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictl y prohibited. If 'tri trial law a annd cd d advaoicaccy you have received this communication in error, please notify us immediately by telephone at (717)238-8187, and return the by the Natiarurl Board original message to us at the above address via the U.S. Postal Service. Thank you. of Trial Adv-acy 08/28/2009 13:53 FAX 7172349478 FACSIMILE TRANSMITTAL SHEET DATE: August 28, 2009 TO: NAME: W. Darren Powell, Esquire COMPANY/FIRM: Thomas, Thomas & Hafer, L.L.P. FAX NC..: (717) 237-7105 i FROM_ i Edward E. Knauss, IV, Esquire SUBJECT: Donna Fink v. Peerless Insurance Company i NO. OF PAGES (INCLUDING THIS PAGE): 5 50-748 ------------- SENDER COMNvIENTt: i 3211 NokTH FRONT STREET HARRTSOURG, PA 17110-0300 717-238-8187 rt,X:717-234-9478 Other Ofli-S Colonial Park Lancaster 717-652.7020 717-431-0138 Mechanicsburg Millersburg 717.671-5577 717-692-5810 Shippersburg wilk45-Barre 717-530-7515 570425.7500 York 717.843-0502 MWK&E HGB PA Z001 ??IL.ERR" .,i,J"'vE ?il?iL^? rye/ ?? THE r,? - JTAR I 2609 DEC 14 E'??? 2. 10 DEC 15 2009 Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 717 238-8187 DONNA FUNK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 07-1495 CIVIL TERM PEERLESS INSURANCE COMPANY Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of December, 2009, it is hereby ordered that counsel for Plaintiff, Edward E. Knauss, IV, Esquire may withdraw as counsel for Plaintiff in this action. Such withdrawal shall be accomplished by the filing by counsel of a Praecipe to Withdraw. By the Court: -) A Judge 433177-1 BLEU -0 1•iCiE ,)F THE PF" 2099 DEC 18 AN ED. 28 CU,; c P a e. 4,S t44 to - -Pow F- I ..mot Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 DONNA FUNK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. PEERLESS INSURANCE COMPANY Defendant NO.: 07-1495 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Edward E. Knauss, IV, Esquire and Metzger, Wickersham, Knauss & Erb, P.C. as attorneys for Plaintiff in accordance with the Court Order of December 17, 2009 attached hereto. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edw . Kn ss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 433747-1 DEC 15 2009 Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 DONNA FUNK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 07-1495 CIVIL TERM PEERLESS INSURANCE COMPANY Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this day of December, 2009, it is hereby ordered that counsel for Plaintiff, Edward E. Knauss, IV, Esquire may withdraw as counsel for Plaintiff in this action. Such withdrawal shall be accomplished by the filing by counsel of a Praecipe to Withdraw. By the Court: udig 433177-1 CERTIFICATE OF SERVICE AND NOW, this 23?d day of December, 2009, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Claimant, hereby certify that I served a copy of the within Praecipe to Withdraw Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Donna Funk W. Darren Powell, Esquire 1603 Hummel Avenue 305 North Front Street Camp Hill, PA 17011 P. O. Box 999 Harrisburg, PA 17101 David W. Knauer, Esquire Knauer & Associates LSC 411 a. East Main Street Mechanicsburg, PA 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edwar6 E?Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 433747-1 2009 DE- C 29 1C'. C ???I r J. FILEI j--ak:;',-? - . HR David W. Knauer, Esquire .R Z,O FEB 1 Attorney I.D. No. 21582 8 4 Knauer & Associates, L.S.C. 411-A E. Main Street C?!+ Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax vs. DONNA FUNK, PEERLESS INSURANCE COMPANY, Defendant Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW - 2007-01495 JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter our appearance for the Plaintiff in the above matter. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. By: Date:" QnAm David W. Mauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Knauer@early.com (717) 795-7790 FAX: (717) 795-7793 16 CERTIFICATE OF SERVICE I, David W. Knauer, Esquire, herebyct(ertify that a true and correct copy of the within document was served on the I' day of February, 2010 on the following attorney of record via U.S. First Class Mail, Postage Prepaid: W. Darren Powell, Esquire Thomas, Thomas & Hafer, LLC P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant KNAUER & ASSOCIATES, L.S.C. W' By: David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7795 Attorney for Plaintiff DONNA FUNK, Plaintiff v. PEERLESS INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.07-1495 CIVIL TERM IN RE: DEFENDANT' MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 13'' day of April, 2012, upon consideration of Defendant's Motion for Status Conference, the motion is granted and a status conference is scheduled for a hearing is scheduled for Thursday, May 24, 2012, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ?Donna Funk 1603 Hummel Avenue Camp Hill, PA 17011 Plaintiff V W. Darren Powell, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, Pa 17055 %Y' Christylee L. Peck, J. :rc to 1e56 Inc{ ?3??? elv {' 1 ,? 51 _T'E ?l ter, _- _, FUNK, IN THE COURT OF COMMON E?S? OF NIA DONNA CUMBERLAND COUNTY, Plaintiff : CIVIL ACTION - LAW V. PEERLESS INSURANCE COMPANY, Np 07-1495 CIVIL TERM Defendant , ORDER OF COURT NOW, this 13'h day of April, 2012, upon consideration of Defendant's AND Status Conference, the motion is granted and a status conference is schedule Motion for Courtroom No. 5, 2012, at 3:00 p.m., in for a hearing is scheduled for Thursday, May 24, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Donna Funk 1603 Hummel Avenue Camp Hill, PA 17011 office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Christylee L. Peck, J. 67-I H45 rri Hasler t vJ,',2 2 J IV I,,,III?.JII.... David W. Knauer, Esquire 411-A East Main0Street e . r Mechanics K d'?" n & ASS, rSCi A Sp RINGS L COK °J13' 7 s 4 a. Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA30102 khildabrand@laverylaw.com Atty for Plaintiff 39 ,- HAY 24 PH 2: 4 °-- ?%18EKL,4r4D ?,, r D04SYLVAt, 'r, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Plaintiff V. PEERLESS INSURANCE COMPANY, Defendant . NO. 07-1495 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW AND ENTER APPEARANCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Karl R. Hildabrand, Esquire and Nestico, Druby & Hildabrand, PC, as counsel for Plaintiff, Donna Funk, in the above matter. Respectfully submitted, Date: May 10, 2012 NESTICO, DRUBY & HILDABRAND, PC By: Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiff PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Donna Funk, in the above matter. Respectfully submitted, Lavery Faherty Patterson By: Karl R. Hildabrand, Esquire 225 Market Street, Suite 304 P.O. Box 1245 DATE: May 10, 2012 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA30102 khlldabrand@laverylaw.com Atty for Plaintiff CERTIFICATE OF SERVICE I, Janice L. Holzer, an employee with the law firm of Lavery Faherty Patterson, do hereby certify that on this 24th day of May, 2012, I served a true and correct copy of the foregoing Praecipe to Withdraw and Praecipe to Enter Appearance, via hand-delivery, addressed as follows: W. Darren Powell, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 J ice L. Holzer, Legal Secretary Karl R. Hildabrand, Esquire DONNA FUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PEERLESS INSURANCE CO., CIVIL ACTION - LAW Defendant NO. 07-1495 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 24th day of May, 2012, counsel for both Plaintiff and Defendant having appeared for a status conference in this case, and upon agreement of the parties, it is hereby ordered as follows: 1. Discovery in this matter shall be completed by both parties on or before January 1st, 2013; 2. Any Plaintiff's expert reports shall be turned over by February 1st, 2013; 3. Any defense expert reports shall be turned over by February 28th, 2013; and 4. After March 1st, 2013, either party to this case may list the matter for a jury trial. By the Court, = ?- i a i €" Christy! e L. Peck, J. -? ? Karl R. Hildabrand, Esquire pc-: For the Plaintiff - ?? W. Darren Powell, Esquire For the Defendant :lfh lCCf es n4a,/ed s?30?1 AV( "I - 'c ' tip rts' TU0 '` F'O , t'�114 JAN 6 PH IN THE COURT OF COMMON PLEAS CUt1t3 RLA CUMBERLAND COUNTY, PENNSYLVANIA PENly 1'i D COUNTY DONNA FUNK, Civil Action Law Plaintiff, No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas, with a copy of subpoenas attached there was mailed or delivered to each party at least twenty (20) days in advance of this certificate; 2. No objection to the subpoenas have been made, and a copy of the Notice of Intent is attached to this Certificate; and 3. The subpoenas which will be served are identical to,the subpoenas which are attached to this certificate. 0m , OMA & HAFE LP W. re ell, Esqu I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Date: //s/y Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Civil Action Law Plaintiff, No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas, identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, . the subpoenas will be served. THOMAS, THOMAS & P Date: ��/��� By; 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Civil Action Law Plaintiff, No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stuart A. Hartman, D.O., Hartman Rehab Associates, 4 Willow Avenue, #3, Lebanon, PA 17042 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records reports physical therapy records treatment notes diagnostic studies,__writings correspondence laboratory studies etc for treatment rendered on behalf of Donna Funk: (DOB: 02/21/60) from 05/31/12 to the present at: Thomas, Thomas & Hafer, LLP 305 N. Front St P.O. Box 999 Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DONNA FUNK, Civil Action Law Plaintiff, No.: 07-1495 Civil Term V. PEERLESS INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershev Medical Center, 500 University Drive Hershey PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes, diagnostic studies, writings correspondence laboratory studies etc for treatment rendered on behalf of Donna Funk; d/o/b: 02/21/60 from 10113/10 to the present at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999 Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Linda Malone, a secretary with the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 PO Box 1245 Harrisburg, PA 17108-1245 Lit'ida Malone Date: December �� , 2013 CERTIFICATE OF SERVICE I, Linda Malone, a secretary with the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date,set forth below: Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 PO Box 1245 Harrisburg, PA 17108-1245 inda Malone Date: January '/5" , 2014 549319.2