The URL can be used to link to this page

Home My WebLink About00-08554 " -.L_" ~ 'j;--- . -- ,,, - ~'-' " " --, "'--" <"; '-""'-~ ~. , DONEGAL MUTUAL INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8554 CIVIL vs. CIVIL ACTION - LAW KMIBERLEE A. WARD, Defendant IN RE: PLAINTIFF'S MOTION TO COMPEL PHYSICAL EXAMINATION ORDER AND NOW, this I S"" day of December, 2000, a brief argument on the plaintiff's motion to compel physical examination is set for Wednesday, January 10,2001, at 3:30 p.m. in Courtroom Number 4, Cumberland County, Pennsylvania. BY THE COURT, Joseph G. Muzic, Jr., Esquire For the Plaintiff Ai.. H~t~ ~ . 12 -20-00 RX~ Kimberlee A. Ward Pro Se :rlm " , "~ ~~,- flfO:.,;:i. ".""-0' ,;,~, 'i;jjv~~~'t'!tiuJi!K~j~l!lJW4tdllfj'li!tWQ,~!flm'i\\di0~~' ~iL::D-<);:FiCF . L:'.~" "~";;)""'RY "" !',_.';",'~ Illl ~'iO' r'r~:"'L t LJ' d~:,t,! J 9 PH 3: 54 {'j i$ i"--"T-~'"" ... ,', .' \.JvIVI~~ilU\(~U COU!\JlY PcNNSYU/AI\J!A ~~- -1- .^' "" ~, . .~, .".W'.It' ," IJiIIlKali- .' ",', -... . ,'" , ~ ""'-, -.-- V', '~, .'__'~,., 'r" t ""':0; , DEe 1 :I 2090 (j:i . Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, P A 17603 (717) 299-3726 Attorney I.D. No: 55919 Attorney for Defendant Donegal Mutual Insurance Company v. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No: 00 - fS'S'1 Cio~l 'T~ Kimberlee A Ward RULE TO SHOW CAUSE AND NOW, this __ day of , 2000, a Rule is hereby entered against Defendant Kimberlee A Ward to show cause why the relief sought in Plaintiff's Motion to Compel Physical Examination should be granted. Rule returnable the day of ,2000. BY THE COURT: J. " . - '. '>"- ,..,. "' """ /" ',. - 'N",*';" ,>,,'.'-".';;;;;1.2'-- -'- i!; . , Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 Attorney I.D. No: 55919 Attorney for Defendant Donegal Mutual Insurance Company v. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No: Kimberlee A. Ward ORDER AND NOW on this day of ,2000, it is hereby ORDERED and DECREED that upon Motion of Plaintiff Donegal Mutual Insurance Company, Kimberlee A. Ward shall submit to a physical examination to be conducted by Stanley Askin, M.D., 301 Market Street, New Cumberland, Pa., at a date and time not inconvenient to Ms. Ward but within forty-five (45) days of this Order. BY THE COURT: J. ". . 7 ,,'~ ,,_ _ .," <" ,_> . _ , _', " ''''>'',_. ~~,-;; Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, P A 17603 (717) 299-3726 Attorney I.D. No: 55919 Attorney for Defendant Donegal Mutual Insurance Company v. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No: Kimberlee A. Ward MOTION TO COMPEL PHYSICAL EXAMINATION 1. On June 27, 1997, Defendant Kimberlee A Ward, was involved in a motor vehicle accident where she allegedly sustained injuries. 2. At the time of the accident, Defendant Ward had a motor vehicle insurance policy with the Plaintiff, Donegal Mutual Insurance Company. 3. On September 10, 1997, Defendant Ward was involved in another motor vehicle accident in which she alleged sustaining of injuries to her body. 4. In 1998, it is believed, and therefore averred, that Defendant Ward made two (2) claims for injuries pursuant to benefits that she was entitled to under the Workmens' Compensation Act. 5. Defendant Ward submitted bills for medical treatment in which she alleges where related to the 6/27/97 motor vehicle accident, up to and including treatment occurring in July 1999, 6. Defendant did not submit, nor did any of her medical providers submit any bills for treatment related to the 6/27/97 motor vehicle accident from 7/18/99 until 8/4/00. -~ < -- .~^ - c_"" - , ,- ,>c- --C,'-, ,~'. ~'" , 7. On October 10, 2000, Defendant Ward visited the office of Steven E. Morganstein, D.O. (See office note attached as Exhibit "A"). 8. In his office note, the doctor describes a "sudden onset of increased numbness in the left hand, as well as the leg and the face." In his office note, Dr. Morganstein reports that Defendant Ward first noted the symptoms "last Tuesday morning," after a visit for chiropractic treatment. 9. At the present time, Defendant Ward continues to submit medical bills which she apparently is submitting as being related to injuries sustained in the June 27, 1997 motor vehicle accident. 10. Also, Defendant Ward is now submitting a claim for income wage loss benefits as a result of the injuries she alleged sustained on June 27, 1997. 11, Plaintiff Donegal submits that the report of Dr. Morganstein showing a "sudden onset" of purportedly new symptoms, as well as Defendant Ward's claim for wage loss benefits nearly three and a half (3'h) years after the motor vehicle accident demonstrates good cause for Plaintiff Donegal to request a physical examination of Defendant Ward. 12. Plaintiff Donegal has not previously requested a medical examination of Defendant Ward. 13. Plaintiff Donegal also submits that Defendant Ward has a contractual duty to submit to a medical examination pursuant to the obligations under her motor vehicle insurance policy no. PP-00-OI-06-94 which states in part E, Section B(3)(a) that a person seeking any coverage must submit, as often as we reasonably require, to physical exams by physicians we select. "- '_'_''_,,__,'.'c_, " ."" ~ ~ ",'- ..,' .~ . . 14. Plaintiff Donegal had previously requested that Defendant Ward attend a physical examination by Richard G. Schmidt, M.D., on December 7,2000 at 301 Market Street, New Cumberland, Pa. This request was rejected by Defendant Ward, by and through her counsel, who stated in correspondence that Ms. Ward would only submit to an elGlmination pursuant to a court order. (See copy of correspondence attached as Exhibit "B"). 15. Plaintiff Donegal will schedule an examination by Dr. Stanley Askin located at 301 Market Street, New Cumberland, Pa., at a date and time not inconvenient to Defendant Ward, but within forty-five (45) days of the Court's Order. WHEREFORE, Plaintiff Donegal Mutual Insurance Company requests this Honorable Court to enter an Order compelling Defendant Kimberlee A. Ward to submit to a physical examination pursuantto 75 Pa. C.SA gI796(a) which will be conducted by Dr. Stanley Askin, M.D., 301 Market Street, New Cumberland, Pa" at a date and time not inconvenient to Defendant Ward, but within forty-five (45) days of the Court's Order. Respectfully submitted, NIKOLAUS & HOHENADEL, LLP BY: //L Jo h G. Muzic, Jr., Esquire Attorney for Plaintiff Ioli' - "r___M"~ ~1.1,-::!!~~~1i~~~~-~~~~~1'- "~ '~ .v__ .J.. ~,.",' ~,~ ,~:""!'I, ~~ ~,~ "~~" , ,,', (') ~~ -Ocr] [!lrr; I~ ><;'i \~-- --j -<. > ';1 Ii II , c:::> f,:;:) C1 P'"1 C") o -'1 ~ in ;:"';'''-r! >4~d :i;f~ ~"":...j ~ -< 'T) w I:'" rov - ': ~ " ".- I'" .~ " . ,,-" ,,' -- '+~ """''"-"', ',' '.~ "-,- -";"''';-' ,', ,. ..' Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 Attorney I.D. No: 55919 Attorney for Defendant Donegal Mutual Insurance Company v. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No: Co-~S'f C'ud. '-r~ Kimberlee A. Ward S'/I W. (L.f>->~~ t'AXlLac j)/9 rtCh4S TO THE PROTHONOTARY: PRAECJPE Kindly issue a Writ of Summons upon Defendant Kimberlee A. Ward in reference to the above matter. NIKOLAUS & HOHENADEL, LLP BY: J~ k, E",orire Attorney for Plaintiff Date: l~f ~() / '-- '_ '_H" ,~_,' ~.' =,~, -,,,_,';:',;,,',_~ "~" -" ,_,,,_, ,V""g,_="__~_I",o,,,,",,,;;",,_>,', "<;;' ~~ Donegal Mutual Insurance Company v. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No: Do- d()~L't~ Kimberlee A. Ward : 51/ W. o..umb~ ~ t:.uoLar PA 1'10;{.S WRIT OF SUMMONS TO: Kimberlee A. Ward, Defendant YOU ARE HEREBY NOTIFED THAT PLAINTIFF DONEGAL MUTUAL INSURANCE COMPANY HAS COMMENCED AN ACTION AGAINST YOu. {L~7Ld!b Prothonotary Date: /~/ fI / Do f ( jg"''''"''l'-J ~-lii~lliifj~~~~i!iiSIliidi~_~'''''"'"'' T'~'- ~lIllr~ ~ ~'...... _',"'~ ".uN";"'_ '.., (') C::> ~ 1/1 C~ CJ '-} ~ ~ "1)~; ::::J 'TJ lJ .f; rn .'_1 ,'" TfL P"I .- ~ 2:;-: /'J .'1!,:;:-.:::! tk- 0 ~l~J ._~,-", 6 :::}~~ B \) 'C-., >:::'j'C) "- ~ 0 0 ~;c: " , .. C' :x :L___ "';;;:'",,",- :" ~I -:_! ;j I j;;U i~ f~1 < I c: ~ -() ~ .~ 3 /:- 5;! ~ ::...-; ~ , -< 1- ,~ ~ ~ "," - :,-" ,-~'" ,.' v__,' ".l.. "", .~ ,^ ,~ _ " -~"........- , I 1>ilII~ / / <..,: r:.'.' I~. V, DONEGAL COMPANIES 1195 RIVER ROAD P.O. BOX 302 MARIETTA, PENNSYLVANIA 17547-0302 (717) 426-1931 .r' December 19th 2000 The Arlington Group PO Box 6507 805 Sir Thom HarrisburgPA 17112 RE: Our Claim No.: PAE 0518986-86 Our Insured: Kimberlee A. Ward Date of Loss: 06/27/97 Claimant: Kimberlee A. Ward Dear Dr. Morganstein: 1 am in receipt of your recent billing for date of service 12/01/00. In order for us [0 process further treating bills we are asking you to advise us if treatment rendered on 10/02/00 and after is related to the above date of loss. Although your opinion is requested, we are in the process of having the court order her to attend an IME to address this same issue. If you have any further questions, please contact the undersigned at 800-877-0600 ext-7417. Very truly yours, DOY7GAL CO~?}ES 1JaJ~ Daniel Petti Claim Representative ~... I cc: Joseph Muzic Nikolaus & Hohenadal Attorneys At Law 212 North Queen St. Lancaster P A 17603 ./' Handler Henning & Rosenberg Attorneys At Law 319 Market St. Harrisburg PA 17108 .- In accordance with Pennsvlvania Act 165. the followine notice is beine nrovided: Any person who knowingly and with intent to defraud any insumnce company or other person tiles an application for insurance or statement of claim containing any materially false infonnation or conceals for the purpose of misleading, information concerning any fact material thereto conunits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. . ~- ....... ..' ,,,,Dr wc:u Of;8g M'l'{~W!~iUN n~1'II SV::J "' m~ ARLINGTON lIFHAlI~, Sl'(.Il\'l1> MH.lIClNE --" 01/01/20'Jl Slaven l;. Morganstein, 0"0. Michael J. Woods, D" 0" D<'lniol Petti t)oncg.:\l companies 1195 River RQ"d P.o. Box 303 M~~i~tta, PA 17547-0302 RE, KIMBERLEE ANN WARD DC,:1t'to'J'r. Petti: j, alll ..rlting in lCe"pon'~<l to your letter dated December 19. 2000 l:'e:.gar\ling Msw Ki.ri1borlo.t.~ w~id. M!l. Ward -Was ~oen on two occasion:'!; llftc.X' Oct<Jp"r 2, 2000. She W,~s seem for an office visit on 10/10/00 nnd thE!ll again fOl" follow-up m. 12/1/00. She continues to experience nl,ck paill as well as a nu~~ness cOllsation in the left hand. These symptoms are (,11 consiGtc"t with all. of her previous symptoms she has had since the tirn~ of h0r injury in vuno of. 1997. Treatment rendered on these dates are all related to the previous motor vehicle accident of June 1997. Sincer(~lYI Steven F. Morganstein DO SEM/tltl D1ctatod but not rCCld {) ,. 1-- Y 805 Sit 1 homas Court. H.w;.iliurg, Fl\ 17109 _1717) 851..0623 0 Fax (7171652,2630 rl U.,J lto AI':r.S'C'l Qm~ i \ I \ \ \ i ] ........- ~ . i~"""~ ~ , ~ , "' " , , "~H,'-~' Jan-16-01 09:56 From-Nikola~' & Hohonadol 7172991811 T-026 P.OI/OI F-356 DON~LD H NIKOJ-AUB ..JaHN P. HOI-IENAP"'L PVIICHAEL.I. HOI1EN~CEL MATTHEW J, CREME, JA. JOHN F. MARKEL PAW..;" 0, MWN't>01'l RlCHp,AP 1;:, GREINt:F1. ...EFF~!:Y A, M1LL:S MICH,AEl 8, GRAB NIKOL.AUS & HOHENADEL, LLP ATTOFtNli:Y5 AT lAW a,2 NORTH QUEEN STREET L'INCA6TEFl. PA. 17603 71'7/E~e-~72f1 fA)( 717/2eB~1B1, :3;;:7 LOCUST 8TAj:~T COl.UM8IA, Plio. 17ei1;: SB4-442a fAX 717/eEl4~l:1aaa January 16, 2001 1 as SOlJTH MARKET 6TFll:I:T EJ-I;A@ETHTCWN, IP'A. 170:;J1il 387-94-'10 fAX 71 '7136'-81 EEl MICHllEI.. A. VANASSE JOSEF"H t;I. MUZIC BE~N,<l.C1ETTE M, HOI-1ENAC!l:iJ. ANTMONV MARC; HOPKINS JOHN O. I-IDHI'N~Dil. L.16A J Mc;cav CONNie J, STEVl=Ne Transmitted via nwsimile to 240-6462 Th~ Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: DMIC v. Ward Docket No: 00-8554-Civil Dear Judge Hess: This letter is in reference to the lIlgUment that occurred in your Court on WednesdaY, January 10 at 3;30 p.m. regarding the Motion to Compel the physical examination of Ms. Kimberlee Ward. I have had an opportunity to review Nationwide Insurance v. Hoch. 36 D&C 4, 256 (1997) where Judge Wettick denied the insurance carrier's motion to compel a physical examination. Upon review of Judge Wenick's decision, T believe the basis of that decision was the carrier's failure to show good cause why an examination was required. The court noted that that petition contained only coneIusory allegations. !4 at 258. In his decision, Judge W~'tlick cited State farm Insurance Comnanv v. Swanmer, 406 Pa. Super, 235, 594 A.2d 316 (1991) which outlin.ed the good cause standard which shows that a medical examination is warranted. '"At the minimum, the petition should explain why the medical records which the treating physicians have supplied have not eliminated reasonable doubt as to the validity of the claim and why the proposed physical examination will substantially assist the insurance company in evaluating the claim." Id at 258. In the instant case, Donegal has supplied a number of specific factual allegations which Donegal believes shows the claim is in doubt. Donegal noted the gap in treatment. Donegal also noted the "sudden onset" of new symptoms as related in Dr. Morganstein's records. Donegal submits that these are more than just conclusory allegations and that Donegal has met the good cause standard io compel a medical examination of Ms. Ward. JGM/dmk cc: Matthew Crosby. Esquire (via fflcsimile transmission to 233-3029) yours. , ~'''?~,~ _"I, - " ~.......~' OFFICE PROGRESS NOTE KIMBERLEE ANN WARD r' , / 10/10/2000 Kimberlee Ward returns for an unscheduled office visit today. She has phoned the office several days ago with complaints of increased neck pain. She also described a sudden onset. of increased numbness in the left hand as well as the leg and the face. She reports she first noted her symptoms last TUesday morning. The day prior to that, she was referred for chiropractic treatment. She reports she received chiropractic manipulations to the cervical spine .area. She awoke the following the day with symptoms of numbness involving the left side of the face, the entire left arm and left leg. She reports the leg symptoms are improved somewhat. Since that time she has, however, had continued numbness in her face and arm as well as increased pain. She really is not able'to move her left arm at all and maintains it at a very stiff and guarded posture. She has been called in Vicodin, which she reports has helped somewhat with the pain but has caused her to have 'some hallucinations". She has been off of work for the past week. Her examination today revealed that she is ambulating without any evidence of an antalgic gait. There is no shuffling noted. She is fully alert and oriented and her mentation appears to be normal. Memory appears to be intact. Her cranial nerves are intact and specifically there is no evidence of any fascial droop. She does ,describe decreased sensation throughout the entire left upper extremity as well as the left side of the face. There is no evidence of any long tract signs. Toes are downgoing. Deep tendon reflexes are equal and symmetric. She maintains her left arm in a guarded posture, internally rotated at the shoulder, flexed at the elbow and pronated at the forearm. On attempts at.elevation of the arm, she really is only able to raise the arm very minimally and reports that she is too weak to raise it any further. There is diffuse tenderness on palpation throughout the left cervical paraspinal region as well as across the left trapezius muscle and over the left shoulder. Impingement testing is negative. There is no evidence of any edema. Distal pulses are symmetrical. Her distal strength is 4/5 on the left. There is no evidence of any focal deficits noted in the left lower extremity. I have obtained repeat x-rays of her cervical spine, which appear to be within normal limits. At this time, I am going to have her undergo an MRI studies of both the cervical spine as well as of the brain. I would like to assure there is no evidence of any central nervous system abnormalities including . demyelinating disease or any masses. I am also going to evaluate for possible changes in the cervical spine as well. Her subjective complaints are somewhat out of proportion to the objective findings. It is pOSSible there may be some emotional overlay but given the acute onset of her severe symptoms, I do feel that testing is indicated to assure there is no treatable abnormality. She y ~~ .......... ,I .il!;l.;t;~w.:;,,1iillo., RE: KIMBERLEE ANN WARD 10/10/2000 is to continue with her Vicodin as needed for severe pain and I have also given her some samples of Vioxx. I will see her back once the studies have been completed. Steven E Morganstein DO SEM/tld .\ ~j,--~~~='=-- ," .~"I"'~ , ", ~~ " '. ',,,,1. ,'.I!l<i<>" ! SHERIFF'S RETURN REGULAR CASE NO: 2000-08554 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONEGAL MUTUAL INSURANCE CO VS WARD KIMBERLEE A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WARD KIMBERLEE A the DEFENDANT , at 0014:44 HOURS, on the 13th day of December, 2000 at 511 W CUMBERLAND ROAD ENOLA, PA 17025 TRACEY HELLMAN (ADULT IN by handing to CHARGE) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So A;;;~~ 18.00 9.30 .00 10.00 .00 37.30 R. Thomas Kline 12/14/2000 NIKOULAUS & HOHENADEL , ft:;, me this If~. day of Sworn and Subscribed to before By: ~ o2MJi] A.D. ~.Q/nd~.~,~ rothonotary " ". ~. ,- - DONEGAL MUTUAL INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-8554 CIVIL vs. CIVIL ACTION - LAW KMIBERLEE A. WARD, Defendant IN RE: PLAINTIFF'S MOTION TO COMPEL PHYSICAL EXAMINATION ORDER /Q-d AND NOW, this I day of January, 2001, the court being satisfied that the plaintiff has demonstrated good cause for same, the court herewith directs that Kimberlee A. Ward shall submit to a physical examination to be conducted by Stanley Askin, M.D., 301 >- ~" - -,,-~",,- Market Street, New Cumberland, P A, at a date and time not inconvenient to Ms. Ward but within forty-five (45) days ofthis order. BY THE COURT, Joseph G. Muzic, Jr., Esquire For the Plaintiff *~,1 d- ~ L~ \q-Ol . ()\' ~~ Kimberlee A. Ward Pro Se :rlm 8 c, "=> ~ 't1 ':'Om "- =;;! z.'~"" ~Q: z "'1::!l ;;i'!f"l-.! ~3~ gp2: w 1"":':-.::,'. 'J ;,:::0 ~ ~:j,..; ~o ::c: ,~'5 'Y1 5f'~ '~ "7 ~ C W 0 ~ C'"' :;;! 'u <.n ~ 'h ,.., ~,Il'~~I!i."_" _I. w<r~ >"1 '--',- ,,> ,,; .'~ .._,,;'~~'~O~'~""''''''""' ,_ "'" ~ 0 e, - 1~'~Tt <- --... $I: :t:." f'1=\--'-;; '!J.lTI .~'";,; w 7.\},9 ?g kO ~ _...1 _\ .-~~,-n ~.~ :x 9-- ._(') ~ j5m ''-'.'. :i .r:- &" -< ._,mrTIJf.T{~'!WJj,'~-ii'f,4'~~1^~I!'*k;"~.iW"J;t.'!j!!'\!ilWil~rn~lI'Wl;H1">1'l>W'l[:f1"!i'ijft<.'",_,~ ~", ~"J~