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Home My WebLink About99-02599 (2) V V` v 4E y f` L `1C L•^Ji y?r t? l I 'F , M I 1( J i ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW CATHY M. CRALL-SMITH Plaintiff V. NO. 99-2599- CIVIL TERM DONEGAL MUTUAL INSURANCE: COMPANY, : Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la come. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguicutes, usted time vieiue (20) dial de plazo al panir de la fecha de la demanda y la nolificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone enfomia escrita sus defenses o sus ohjeciones a las dentandas en contra de su persona. Sea avisado que si usted no se def iende. la cone unnara medidas y pucde entrar una order ,. . A". . i contra usted silt previo aviso o notiticacion y por cualquier qucja o alivio que es pcdido en la peticion de demanda. Usted puede perder dinero o sus pro- piedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY M. CRALL-SMITH Plaintiff V. DONEGAL MUTUAL INSURANCE COMPANY, Defendant COMPLAINT CIVIL DIVISION - LAW NO. 99-2599- CIVIL TERM JURY TRIAL DEMANDED AND NOW comes Plaintiff, CATHY M. CRALL-SMITH, by and through her attorneys, TUCKER ARENSBERG & SWARTZ, and avers as follows: Plaintiff, CATHY M. CRALL-SMITH, is an adult individual who resides at 718 Second Street, New Cumberland, Cumberland County, Pennsylvania 17017. Defendant, DONEGAL MUTUAL INSURANCE COMPANY (hereinafter referred to as "Defendant Donegal"), is a corporation authorized to underwrite insurance in the Commonwealth of Pennsylvania and maintains a place of business at 1195 River Road, Marietta, Lancaster County, Pennsylvania 17547. This Court has jurisdiction over this matter on the grounds that the Plaintiff resides in Cumberland County, Pennsylvania and Defendant Donegal solicits insurance coverage in Cumberland County, Pennsylvania. COUNTI 13REACII OF CONTRACT 4. The averments contained in Paragraphs I through 3 of the within Complaint are incorporated herein by reference. R, • , On or about May 3, 1995, Plaintiff Crall-Smith was involved in a motor vehicle accident in Dauphin County, Pennsylvania in which she was the driver of an automobile that was struck by another automobile driven by Albert Mushock. 6. Before the accident in question, Plaintiff entered into a contract with Defendant Donegal in Cumberland County, Pennsylvania for automobile insurance coverage. Plaintiff's first party insurance benefits pursuant to the aforementioned contract included: a. Medical Expense Coverage - $100,000 b. Work Loss Coverage - $1,000/month with a maximum of $5,000 At time of the aforementioned accident, Plaintiff was a named insured under a motor vehicle insurance policy issued by Defendant Donegal, Policy #PAE 0354343. Said policy was enforce from December 15, 1994 until June 15, 1995. (See Exhibit "A" attached). 8. As a result of the aforementioned accident, Plaintiff sustained numerous serious injuries that have required and in the future will require extensive medical treatment. 9. Plaintiff made a timely claim to Defendant Donegal under the motor vehicle insurance policy for benefits for medical treatment incurred as a result of the aforementioned accident. 10. Although Defendant Donegal has paid certain First Party Medical Benefits under Plaintiff s insurance policy, Defendant Donegal has wrongly refused to pay additional medical benefits based on a Peer Review by Mark Cavallo, D.C. on October 21, 1997. Additionally, Defendant Donegal has wrongfully refused to pay additional medical benefits as not being for treatment of injuries caused by the May 3, 1995 auto accident. ., IL . To date, Plaintiff only has used $14,179.39 of the $100,000.00 of medical expense coverage that she paid for pursuant to the terms of her automobile insurance policy contract with Defendant Donegal. (see Exhibit "B" attached). 12. Plaintiff has incurred and continues to incur medical expenses for reasonable and necessary treatment related to the injuries she sustained as a result of the accident in questions. Her current out-of-pocket medical expenses that have been denied by Defendant Donegal include but are not limited to the following: (see Exhibit "C" attached) 1. Thera-Touch (treatment from 4/18/99-10/26/99) $430.00 2. Massage Therapy by Betsy (treatment from 6/24/97-2/9/99) 1,520.00 3. West Shore Psychological 3.143.01 TOTAL $5,073.01 13. As a result of the accident, Plaintiff has incurred and continues to incur medical expenses in connection with the injuries she sustained from the aforementioned accident. Said medical expenses are recoverable under her auto insurance policy in accordance with 75 Pa.C.S.A. S 1712. 14. Plaintiff has given proper notice under the Pennsylvania Motor Vehicle Financial Responsibility Act to Defendant Donegal of her medical expenses. Despite the submission of a demand for payment, Defendant has unreasonably refused to pay Plaintiff all of the benefits the which she is entitled under her auto insurance policy and has not initiated Peer Reviews of these services within the required 30 day time period pursuant to 75 Pa.C.S.A. S 1716. 15. Defendant Donegal has not completed a Peer Review of the medical expenses submitted by Plaintiffother than the October 1997 Peer Review of Plaintiff's chiropra; is treatment. OR. . 16. Lased upon a Peer Review of chiropractic treatment conducted by Mark Cavallo, D.C., Defendant Donegal has unreasonably refused to reimburse Plaintiff for massage therapy and psychological treatments related to her accident to which she is entitled under the auto insurance policy. (see Exhibit "D" attached). 17. Pennsylvania Motor Vehicle Financial responsibility Act requires that a peer review of treatment be conducted by a professional in same field as the service provider whose services are under review. Harcourt v. General Acc. Ins. Co., 419 Pa.Super. 155 (1992), appeal denied 534 Pa. 648. 18. Defendant Donegal has not executed any other Peer Review, or any other medical review, of Plaintiff's medical treatment other than the October 1997 chiropractic treatment review and, therefore, Defendant Donegal has no basis for denying Plaintiffs medical expenses. 19. As a result of the accident-related injuries, Plaintiff has been unable to work, resulting in her sustaining an actual loss of gross income in excess of her $5,000.00 wage loss benefits limits. 20. Plaintiff has demanded payment of her wage loss benefits, and Defendant has failed to pay the benefits, as required by the automobile insurance policy and the Pennsylvania Motor Vehicle Financial Responsibility Act. 21. Defendant Donegal's unreasonable failure to pay said benefits is contrary to the terms and conditions of the policy of insurance benefits under which Plaintiff is entitled to receive and the Pennsylvania Motor Vehicle Financial Responsibility Act. 4 A 4 .. . , 22. In litigating this action, Plaintiff has secured the services of the law firm of Tucker Arensberg & Swartz at the reasonable rate of $155.00 per hour until this action is resolved. WHEREFORE, Plaintiff Cathy M. Crall-Smith, demands judgment in her favor and against Defendant, Donegal Mutual Insurance Company, and requests the following relief: a. An amount sufficient to pay all outstanding medical expenses incurred by Plaintiff up to the limits of coverage as proscribed by the auto insurance policy under 75 Pa.C.S.A. § 1712 and §1716, with interest at the statutorily prescribed rate; b. The $5,000.00 wage-loss benefits for Plaintiffs loss of actual gross income, pursuant to her auto insurance policy under 75 Pa.C.S.A. § 1 C. Attorneys' fees pursuant to 75 Pa.C.S.A. S 1716 and S 1798(b) based on actual hours expended; and d. Cost of this proceeding, interest and other relief as the interest of justice so requires. COUNT II BAD FAITH PURSUANT TO 42 Pa.C.S.A. 68371 23. The averments contained in Paragraphs 1 through 22 of the within Complaint are incorporated herein by reference. 24. On or about February 7, 1990, the Governor of Pennsylvania signed into law 42 Pa.C.S.A. S 8371, effective July 1, 1990, titled, 'Actions on Insurance Policies" which provides a private cause of action for bad faith against insurance companies as follows: In an action under an insurance policy, if the court finds that the insurer has acted in bad 1lith toward the insured, the court may take all of the following actions: Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3".n. 2. Award punitive dmmages against the insurer. 3. Assess court costs and attorney Ices against the insurer. A . 25. All treatment in question was provided to Plaintiff after the effective date of the above statute and the bad faith occurred after the effective date of the statute. 26. Plaintiff believes and therefore avers that Defendant Donegal has wrongfully withheld payment of Plaintiffs benefits based upon a Peer Review of Plaintiff's chiropractic treatment in October of 1997 when the medical expenses in question are not for chiropractic treatment. Therefore, Defendant Donegal's reliance on the 1997 Peer Review is illegal and unwarranted. 27. Alternatively, Defendant Donegal has wrongfully withheld payment of plaintiffs benefits without any type ofinedical review to determine whether the treatment was for auto accident related injuries. Therefore, Defendant Donegal's unjustified refusal to pay benefits is illegal and unwarranted. 28. Defendant does not have a medical, legal or other basis to not pay the medical expenses and wage loss benefits as set forth above. 29. Defendant has unreasonably refused, to Plaintiffs great financial detriment, to pay the benefits set forth above. 6 I 4 WHEREFORE, Plaintiff, CATHY M. CRALL-SM17'1-1, respectfully requests this court to grant the following relief: a. In addition to awarding Plaintiff an amount sufficient to pay all outstanding medical expenses and loss of income incurred interest at the statutorily prescribed rate, b. award punitive damages against Defendant Donegal. C. assess court costs, attorneys' fees, interest, and such other relief deemed proper by this Court. Respectfully submitted, TUCKER ARENSBERG OR SWARTZ By: Dennis R. heaffer Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: Attorney for Plaintiff 25757.1 L-' VERIFICATION I, the undersigned, CATHY M. CRALL-SMITH, do hereby certify that I am a PLAINTIFF in the foregoing action, and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. _ l J?•? l (,? 1 I - V t IdISC I' ? ? DATE:. "a' bm CATHY M. CRALL-SMITH 25989.1 w CERTIFICATE OF SERVICE AND NOW, this, 'Ls?d day of, 2000, PAULA I BEITER, d' for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey B. Rettig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 PA LA I BE ER Exhibit A ?O +?raunaua LVYY M UAL PENNSYLVANIA 1766"7"I/ RENEWAL OF POLICY PAE 03 ' PERSONAL AUTO POLICY 43 , AMENDED DECLARATION EFFECTIVE 05/31/95 SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME POLICY NUMBER FOR THIS POLICY PERIOD rmrrr rr,ts i'lIL1i ^tAAmnr??. PAE 0354343 "A-& vL IZ:Ui A. ,?_ 12/15/94 06/15/9 SMITH CATHY C 718 2ND ST NEW CUMBERLAND PA 17070 DONEGAL MUTUAL INS. CO. ?xn?ua VHHICLES COVERED UNIT ST TER YR MAKE 001 PA 007 95 CHEVROLET 000486 ..S„ :i41-4112e ammommMill VAN WAGNER ACCOUNTING AND INSURANCE SERVICE 1304 OVERLOOK ST P 0 BOX 446 DAUPHIN PA 17018 IIN SERIAL NUMBER SYM CLASS ST AM CHG D) 952149 1GNDU06DXST110793 07 887810 INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE 05/31 COVERAGE LIMITS OF LIABILITY FULL TORT OPTION APPLIES TO THIS POLICY PREMIUMS UNIT 1 SPLIT LIABILITY LIMITS PP0309 0486 YES BODILY INJURY LIABILITY $100,000 EACH PERSON $300,000 EACH ACCIDENT 131.00 PROPERTY DAMAGE LIABILITY $50,000 EACH ACCIDENT 70,00 UNINSURED MOTORIST BODILY INJURY PER PERSON $100,000 PER ACCIDENT $300,000 34.00 UNDERINSURED MOTORIST BODILY INJURY PER PERSON $100,000 PER ACCIDENT $300,000 8.00 MEDICAL EXPENSE COVERAGE $100,000 44.00 WORK LOSS COVERAGE $1,000 MONTH/$5,000 TOTAL 10.00 FUNERAL EXPENSE COVERAGE $1,500 2.00 OTHER THAN COLLISION LOSS LESS $100 DEDUCTIBLE 53.00 L•2 (9/88) N11,1,,+..? P00nt 06/15/95 CONTINUED ON REVERSE SIDE REFER TO FINAL PAGE FOR BILLING NOTICE 'GAL /2 aNVVL\4,VJ VVCL jf4 PENNSYLVANIA 1780/7V?-0302 RENEWAL OF POLICY PAE 0343 PERSONAL AUTO POLICY AMENDED DECLARATION EFFECTIVE 05/31/95 SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME POLICY NUMBER FOR THIS POLICY PERIOD PAE 0354343 12/15/94 06/15/95 DONEGAL MUTUAL INS. CO. I , I 00048( SMITH CATHY C 718 2ND ST VAN WAGNER ACCOUNTING AND NEW CUMBERLAND PA INSURANCE SERVICE 17070 1304 OVERLOOK ST P_0 BOX 446 DAUPHIN PA 17018 INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE COVERAGE LIMITS OF LIABILITY PREMIUMS COLLISION LOSS LESS $250 DEDUCTIBLE UNIT 1 209.00 TOWING & LABOR $25 LIMIT INCL• TOTAL BY UNIT 561.00 TOTAL TERM PREMIUM $561,( A $28.00 ACCOUNT CREDIT HAS BEEN DEDUCTED IN DETERMINING YOUR TOTAL PREMIUM 30% PASSIVE RESTRAINT DISCOUNT APPLIED TO UNIT 1 •L•2 (9/88) ?•?*La?lt ?+\?-?LLaJ Preadont 06/15/95 CONTINUED ON NEXT PAGE REFER TO FINAL PAGE FOR BILLING NOTICE 'AL n/???? 1lVJUriGLJ I.VNY IYLVANIA 11117-0yp_ Q_e?- • ENEWAL OF POLICY PAE 0358343 / PERSONAL AUTO POLICY SUPERSEDES DECLARATION PREVIOUS EFFECTIVE / DECLARATION BEARING THE SAME POLICY NUMBER FOR THIS POLICY PERIOD PAE 0354343 E12/15/94 06/15/95 DONEGAL MUTUAL INS. CO. SMITH CATHY C 718 2ND ST NEW CUMBERLAND PA 17070 DRIVER ID DRIVER NAME 01 CATHY C 02 DOUGLAS L APPLICABLE FORMS FORM # DATE UNIT PP0001 12/89 ALL PAE001 12/89 ALL PP0422 07/90 001 DAACP 02/92 001 000486! "+f i 7c.L-Lt$Zu VAN WAGNER ACCOUNTING AND INSURANCE SERVICE 1304 OVERLOOK ST P 0 BOX 446 DAUPHIN PA 17016 LICENSE NUMBER BIRTH DATE 17227753 12/22/59 19002715 10/22/58 FORM # DATE UNIT FORM # DATE UNIT FORM # DATE UNIT PP0151 08/92 ALL PP0305 08/86 ALL IL0910 01/81 ALL PP0309 04/86 001 PP0551 11/92 001 PPD0423 10/93 001 PPD0419 10/93 001 PP0418 07/90 001 PP0303 04/86 001 06/15/95 CHANGE OF VEHICLE 'L.2 ----- STATE14ENT OF ACCOUNT ----- TRANSACTION PREMIUM $0.00 TOTAL PREMIUM $569.00 ACCOUNT BALANCE $0.00 o4o,?7LU,4,J Pmsioenl ------- PAYMENT PLAN ------- PAE0354343 20 TOTAL AMOUNT DUE $0.00 THANK YOU FOR LETTING US SERVE YOU o ? ? 3q o? 12?4 gig S$g jigs ?? g?.?a? ?gLgr U y?9 ?H m O C L?r ? m Y q q Y - 9 0? if I-pit g; g g a ua;- o'pp g oR-8?n 1 -S??s1! 12 q>'g i W a.2 A O ? S W 1? a to " -C ? M ft C.tu " Lo jj g14 W a O O 4 i am ` y V n O 0 N 1 O n O P '-1 a U ?u W 021 co :t Z rl W O 1 6 w A W 2 z 'NIO w a O? w to 41 I I Exhibit B FEB-10-00 THU 4:20 FM P .. _._ . F.T 17 1i' , b p, mcoo of m"Al!'il CLAIMANT: ADDRESS: PRONE: CaA &, JI ?mJk 1Ue,u? C?.m ??2rla?r 1-707V CLAi1,f NUMBER: DA1'G OF LOSS: ?????? COVERAGE: nm? 'OU, Al , oU WAGE: 1 ?5 IA371AL RESERVE (ILL(J,?? ATTORNEY4kY? r?h r A ,? TYPE OF LOSS( IJ ?J ?y"((? DATE g?` AMOUNT PAID MEDICAL WAGES OTHER PAYEE PERIOD COVERE FROM THRU D TOTAL WEEKS TOTAL R. Re 3( '??ou 40 braua l 7 I qT SIG 9g 1 ?? I?9,3 5 , THU 4:21 PM DOHS,.11 !TUTU l ORD Or PAYMENT . CfLal1l}"-gy'mCLAIM NUM ADDRESS: ?' d S?°l a n? "' /? DATE OF LC PHONE: ?-New ?Cum berr 1?COVERAGE: 7) 7-,/r?7l .L !`. J-qt Y r ? ffL! C q,9? WAGE: ATTORNEY: A ?/'? "17 EER: pqE 63 5 y3 y3 V SS: 513195f fim 1601660 115 TYPE OF LOSS ( P/ ?L) INITIAL RESERVE (),66 D) DATE AMOUNT PAID MEDICAL WAGES OTHER PAYEE PERIOD COVERED FROM THRU TOTAL WEEKS ?, 439.2 TOTAL 3?IiFS1 R E REMAROG 3.12 q? ?7 '7ba3 9!n ?r1? ati 5. p0 orh.+ - 3117 hil ?10?$9 11,?I r? ? L3$`. S,? li $f X11 ? 'lI C? ? l? I d). 0? 1." c.ue?FS 0rt 45- Dco. ?-7 p 15 4-3W 00 " .3oaa. 0-al-9 ? u,e51•nj,o?e ?? ?' ?u 0? ' J . ,7 Dk , 43 e Ilan ?g U •q l??sl 3k?re yU,. a4? . (0 993 DaAcc"n(K t?no -t ! ?Q A r ldz 12J22 191 ? . b9 04Tat. a,?+? t n 2YL T l l f01(o (?D 38 (r 10.166 _ nc > Can1,o P? k 1131 (;3,aa Il ?'?Itn 3-20.98 riJ? ne _ _? , ?IAlSQ? C. Wn gar4 p rl a a D? 1'lln ?q ?• ? 4.??Q ???, ? -_--'-?'-? its THU 4:23 P14 MEGA INTUAL FY. 10. 717 426 7023 p REC011D OF PAYMENT bb +T: ^athy C(rdr.5rY i}n CLAIM NUMBER V,41 pAg 03:1,431 43 (92) ADDRESS: 7 Second St. DATE OF LOSS: •- New Oamberland PA 17070 5/3/95 //•,, COVERAGE: fpm I obi ULIo PHONE: 717-774-7657 ?( ATYORNEY:? ?,?f(Ld h, ou WAGE: 115 TYPE OF LOSS( PM ) T INITIAL RESERVE ( 1000 ) DATE AMOUNT PAID MEDICAL WAGES OTHER PAYEE PERIOD COVERED FROM THRU TOTAL WEEKS TOTAL RESERV REMAINI 191. Ina 6v -?.qS A ? ?q•?'b 7r i??a/l Rssec. -• ??f 95 50 ??9 , ? , 30.94 Nc?t fSp,rrf ?5?q /95 0 51. q 9 W9, f-/- q 4 ?-;,x4 Shop .?, /k195 l G`19 v ?S ,,_ ' _ +?! 16J a ? -9r med;?t 31.33 C@ •e LAM1 1c'3'9 S ' 3co. f7 Me6ue^f Assx it G•)• i? P??111? '700.98' ?? ?: o d(,.p_ { 06 d?. W-a he )o ?r?qS 02, 5r7 sp?? ,nf?145 qq 3167 Igga. 3x- ? , f1os). Au- - X1(0 ?3 PA m -_ `?95 3?3? A7 13U5., a Is as d5 ?° n+ /'1? 59.?7 13N0. l v a 1`J Cls T7 y0 T4mt1Gf? d^?6a? ,0196 r I ly5 3?IaD.a l /A99, t(_ .. 1-7yY6 ?jcc' i•. /dz 3.ao g/ 11 a5l10 9?6 t DNI.53I (1.88) THU 4:24 PM li ll1h.-I Li'UTUAL F-;: I101 717 426 7023 P, 5 BMW. f r RECORD OF PAYMENT fj CdJh /1 I?JmI4? CLAIM NUMBER: ?nEQ3J ADDRESS: b Se..ca?c? S+' DATE OF LOSS: 53 - `15 Nuu?( /(??//) f f IQI iL I nP14 COVERAGE: -FP"M1... I UD1 tho PHONE: , l -'??-77LI -176 57 I Q I WAGE: 1 1 G ATTORNEY: it (!; ,Yl•' ! 1 . ''J ?J, '.??, 1 J TYPE OF LOSS (G()1,) Y T INITIAL RESERVE (1,043 ) DATE AMOUNT PAID hIED1CAI. WAGES O'IHEF. y?eirn PAYEE PERIOD COVERED FROM THRU TOTAL WEEKS Nw, 5? TOTAL RIJ REMAL 50 35 0.??-u/PA Orfh. ?ns1 al?? ?a ?g o5 966 319 y9a? a? , .5 3,000. "Z -////J/ ymk 7///j $3ogb (??. a Nsrner?rc ?aP 5, 3.55 ? '3/ .7' `? - 10 o? ?IIZ?,L y?3,?o I.Ll qt" Ito, it l??r 3? 6 I5g 5 r- U?3. ,?-? Qe 3?35G? *srs-ot 41f8I96 I ?yly(, .540! q?? yv9 (aL'S3 "saes ` ?19? (P,0099q 3g9 I'g.q'1?yA• ???? C?6//.ry??"' 9i?-y? "'y? ?,5i?.S3 .mss Exhibit C -r+?.a7x7 ie•e?rri wtai a1x rarui xrcviLca c y L i yp 'nr •rje labb r.U AIL A t$t7j ?'rF i („ ' t3A 2NaH''iY ' P } i:: I '?1 Ski y? , ? t1 ?hi? + 1 ?y '. ?y {\?9S !N'?lA , +Y f) r.t r ;:, i ^' ? geilrao`i••i $ " ?+' , ,4? ` ?? rr ? F} ,?'t1' 4S .??'6,9rest Shore 1's of 1c ,,??`?` illi?ei l?'i vl? " „ y!??y?k??'?' ? ",?s "??,w?2 -,J?f $'a,°t ? , 445GattytbucYF?iMadunkebutg,`PA17055 .,, ?.7.' , x.? °!., !r A'*'1 .r?'o6J/ '??,.Pi tr?v i1 ' } •" ?'? , ... 'r (71T179SS'!69.4?„,.`f?i7Z196'Id66 i?'?iYrM.,. rd {? t??7 M {ti'i' i'pITYY.?t.?,? .??`'1 q'N?i} rl.. .?•? ., a+lberaJ.sa,we?nsn„Gf:,C! ? , •' , , z r;1S""'^?a63 i+r; 1W c.Ca' H?v r -, 1 ' , ". ,a P+ of hi •{r??' •t' ? ASmIt1114 PhDr C.A.Cy P/4Ldea4 CEO ? Rltth M, Dia'iR ML4?: F.xCG{fNOk } '?. 3 "1998' 'w`i 4 ' aa4 -;rK -`. v?a+-Pm1em? i4; x t ry CAMUMAM rrkm CufYk.°A 17DU ' " ATP? ' ?1r, h •.. ? ' ? „ ' tnnsts?ss1 Re: Cathy (Yall°SInltll r ^ rti S.S N•' 181-42-8619 1tAR°73a1laQAatA r 4 ?± 0 . s?PYyw?.e ??? ' Dear Dennis Sheafter, +?:mnxsswa ?. ? ' ruaauwac ARIA Here is the in¢otmation you requested. If you have any yuestions,'please do not hesitate „os'"'d'°'°°°',, s Ito call, Thanlryrni. SAW 101 Date of session Date Billed. Paid by Donnegai 10/16/v; . 12118/97. no 1ANCOM AM hSUVIM °;.10/20/97;; 12/18/97 w `P?" 1= . 11/03/9'7 12/18197 no r?sseo:w n11/12/97' 12118/97 no 11/13/97 12118197 nM1*rte. `. 11/17/97 12/18197 noo XW6k"'A" 11/24/97 IdVY %°A 77W4 12/18/97 no rwomin vz-262 12!05/97 12/18197 • 121$S/97 no ae,.ncdc?w 12/22(97 01105198 M)Vffj LMMIFA"1a 01/12198 c.,lcayorea . ' ss+cc:ucsc,x 01126198 araw?.uao1, 02/02/98 cao?aoaso 03102/98 r+4 idol ctiaszs _ 03/16198 tmusl++tvei- 03/30/98 n. Owft L-bat nn.lvwu Dates 12/15197 through 03/30/98 were not billed to Donegal. The total amount billed to Donegal on 12/18/97 was $720.00, ail of which is unpaid, to date. Fio°xu:a :-„°anrtl? The letter notifying Dr. Stephen Holland about the par review by Donegal was dated Vx*. PA V %a m0.0.... January 14, 1998. r: a ". rwVlAtmlaaw }.? Thank you for your time on this matter. Pit 461t/4 /0 L 5 {; CC 1P I HL, P. U2 04/0:/68 FRI 11;50 In/RI TO 80211 ®6U2 P 02/21/00 MON 13:75 FAX 7177961406 PCs 2002,_..:...... 02/21/00 13:32 1&17179493521 PCs ACCONTING 1002 Stephen Holland Clier+t Name: Cathy Crall Smith Social Security Number. 18"2.8679 CONFIDENTIAL For Professional Use Only February 17, 2000 This infonmlien hrc 5,-mr Ai:dee<:a' :, yam,, fmmr Cc..-di w:m; o cwjj dut!C:ii i tc ;a r;rd ry t?.'. ,CR.3341?i471CT.?I:^'lijv_-.T?%•l in/p4'i4t ,Rll r:A.•:J+??:(i/: LC f f:1:13 L??:,T.: :7Y)tl, e7M0Ctl:::a:::7.ifhm= :r.. 5 Bill4 Date Of Service Fee AdJ Fee AdJ Pmt Adj Code Cheek it Patient Pymt PDAI Ins Pymt Balance Due 53677 0911811996 86.93 86,93 092011996 86.93 86.93 i 09/20/1996 30.00 30.00 0922/1995 88.93 86,93 1 0922/1996 120.00 120.00 53679 0912411995 86.93 85.93 50663 0912511995 86.93 86,93 50681 10/02/1996 85.93 86.93 50686 10102/7998 86.93 C 20.00 66,93 56311 1010711996 86.93 86.93 56406 10115/1996 86.93 86.93 56420 10!1811996 86.93 86.93 56470 1023/1996 86.93 86.93 56469 1024/1996 88,93 86.93 55465 10130/1996 88193 86,93 56497 11/01/1996 86.93 86,93 56472 1110811996 86.93 86.93 55348 11/13/1996 86.93 86.93 56381 112011995 86,93 86.93 56478 11122/1996 86.93 86.93 62902 11/26/1996 85.93 86,93 62964 12/04!1996 88.93 86.93 62988 12/1111996 86,93 86.93 62991 12/18/1996 86.93 47380 343.56 -255.63 62882 1223/1996 86.93 85.93 62857 01103/1997 86.93 86.93 62876 01106/1997 86.93 96.93 62B22 01115/1997 86.93 C 57990 200.00 $15.34 -628.41 69509 01122/1997 86.93 86.93 57056 012911997 88.93 88.93 67011 02105/1997 86.93 86.93 69673 02112/1997 88.93 86,93 69679 02/1911997 86.93 86.93 69772 03105/1997 85.93 86.93 69776 03112/1997 86.93 67164 03/1911997 66-.993 86.93 69631 03/26/1997 96.93 69418 04!02/1997 86.93 441 47 04!09!1997 L 69455 04/16/1097 86 93 80879 05/07/1997 0939 0521/1997 86.93 80818 _ T0512811297- 86.93 I 86.93', 02121100 MON 13:31 11'\/Ka Sl1 64001 [C)OO2 02/21/00 MON 13:36 FAX. 7177961466 PCS 02/21/00 13833 '&'17179493521 PCs ACCONTING Stephen Holland Client Name: Cathy Crall Smith Social Security Number. 18142$879 COyF®rNTIAL For Prcfe sional Use Only Thi: in,6r!r:adon has Sxa disct=4 Cc yoh /rc:a F=:a.'.: r.:rr' cc.'.":'us;icli : is arofvclcJ ey 16003 9 003 February 17, 2000 S-Bill # Date Of Service Fee Adj Fee Adj Pymt Adj Code Check # Patient Pymt POA I Ins Pymt Balance Due 80818 05/28/1997 85.93 85.93 80880 06/11/1997 88.93 86.93 81178 06/17/1997 0,00 T00082 1,381.52 -1,381.52 100077 06/2411997 86,93 88.93 61121 0613011997 86.93 85.93 61005 07/0711997 07114/1997 86.93 0.00 130.00 0.00 RECD RECORDS- 86,93 130.00 07/14/1997 0.00 45.00 45.00 TEST 0.00 81177 07121/1997 88,93 88.93 07/21/1997 0.00 20-T32914 88.93 -86.93 91234 1 07/28/1997 107/28/1997 86.93 O.Ow l 1 1 20-T32914 86.93 88.93 •E8.93 81186 07/2911997 86.931 0 86.93 07/29/1997 0.00 20-T32914 60,00 -60.00 07/31/1997 0,00 20-T11139 130.09 -130.09 91275 08/04/1997 86.93 66.93 08104/1997 0.00 20-T32914 85.93 -86.93 91309 08!11/1997 08/1111997 86.93 0.00 20-T32914 86.93 68.93 -86.93 91376 08/18/1997 66.93 86.93 08/18/1997 6.00 20-T32914 66.93 -86.93 96013 08121/199 86.93 86.93 08!21'1997 0.00 20-T32914 86.93 -86.93 96020 08125/1997 86.93 85.93 08/25/1997 0.00 20-732914 86.93 -86,93 96134 0910811997 86.93 86.93 09/08/1997 0.00 20•T32914 86.93 -86.93 09/15/1997 0.00 120.00 0.00 LETT 120.00 96173 09/1511997 86.93 _ 86.93 08/15/1997 0.00 20-T32914 86.93 -86.93 99918 09/25/1997 86.93 86.93 0925/1997 0.00 20-T32914 86.93 -86,93 99999 10108/1997 86.93 86.93 1 00085 1012011997 86.93 86.93 104925 1110311997 86.93 86.93 105025 11/12/1997 86.93 31317 120.00 -:.3.07 117391 11113/1997 86.93 - -- 86.93 10503% 11/17/1997 86.93 85.93 104912 11124,11997 86.93 _ 85.93 110130 0 1210511997 88.93 86.93 110174 1 1 12/15/1997 86.93 _ 0243875 40.00 46.93' 110252 X12/22/1997 86.93 86.93 110223 01/05/1998 66.93 86 93 02121100 MON 13:31 ITX/RX NO 64001 16 003 02/21/00 MON 13:39 FAX 7177991498 02/21./oo 13:33 V17179393S21 PCS PCS ACCO\TIP7G 0 004 4Y004 Stephen Holland Client Name; Cathy Craft Smith Social Security Number: 1111-12.8679 CONFIDENTIAL For Proressiunal Usc Only This infam nation has been discla? d to you jro,•n remns rdinrrc ea. jidcntis(!ry iiYmlacted 6y February17, 2000 (U`e. %inSJ •: y?.lla:i:Yt,: fMii i•a1r pj;yd [a UICiIC ar.,v ?a+;°JrCivrlo.:.?.v a?'rL,': irfamlattcn. Y;??.+ryfu.;hia Ccw+ul:ny Strviccs, lnc. 02/21/00 M01 13:31 ITX/Nl NO 64001 Z004 i i r TOTAL, BALANCE DUE FOR CLIENT, $3,143.01 PENN VANIA COUNSELING RVICES, INC. rJ J Federal II) a 251776663 60031 O KEYSTONE O PSYCHIATRY O KEYSTONE D&A O O EAP / N. HOME CODE /' . O BCrBS 138A O ,, O BC/BS D&A Eval , rr O .SOCIALSECURITYNl1MBER I ,1 ?j , EIS DATE OF SERVICE PATIENTNAME ? 1/YCRA14 fti?N ? H?Pf?'D SwAR7zM q/ NEXT APPOINTMENT O CARLISLE AREA COUNSELING SERVICES 700 Clry Street Carlisle PA 17013 717.245.9255 O b4 90 RISBURG AREA COUNSELING SERVICES HanlataagPA 17111 717.558.8510 O HARRISBURG AREA PSYCHOLOGICAL SERVICES 5406 Jonestown Rood Suke 103 Heehbtag PA 17112 , •. 717671.9610. O ALA eCASTER AREA PSYCHOLOGICAL SERVICES Street Eat Petersburg PA 17620 717.560.1908 . DSM-IV DIAGNOSIS O LEBANON COUNTY PSYCHOLOGICAL SERVICES O YORK AREA COUNSELING SERVICE; 400 N. Fifteenth Avenue 26 M. Zion Road Lebanon PA 17046 York PA 17402 717.272-1653 717.840-0984 - O READING AREA COUNSELING SERVICES O CLINIC 10 1733 Pam Avenue Wyomisskp. PA 10005 610670.7270 O RENAISSANCE COUNSELING CENTER O CLINIC 11 701 Chestnut Street Lebwm PA 17042 ,• - ..F. •: .7L7.274-2741 0 W a SSHTO?REE PPSS?YCHOLOGICAL SERVICES O NURSING HOME PROGRAM 446 Mechanicsburg PA 17055 717.795-8363 CODE TYPE OF VISITJCHARGE FEE MEDICARE SPECIAL CODES- Individual Treatment FEE 000801 IMlal Psychiatric Exam O G0085 N. HOME: 45.50 Min. Psychotherapy 090001 INtial Comp. History/Exam O GDO83 N, HOME: 20.30 Min. Psychotherapy v ewe: P.Yc;,cu,e_ipy _ O GOGdd N. HOME: 20.30 Min. Medication Check O 90043 Psydwtherapyftarmacoiogy O 00073 OFFICE: 4550 Min. Psychotherapy O t10B47 Psychotbempy, Fan y/Couple O 00071 OFFICE: 20.30 Min. Psychotherapy _ O 90853 Psychotherapy. Group O GD072 OFFICE: 20-30 Min. Medication Check O 908B2 Medication Check 49 Other (Specify) kt?drW AO "W, 130 096100 Psychological Testing Miscellaneous: O No Show 61VIRA Specify Test O Rehm CheekJCollection Fee O Phone Consubbon O Crisis Intervention 14CFA 1500 INFORMATION ONLY BIN This Amount on HCFA Fill In ekde for Ptah Of Service Dla nosis Code Unit code above.. appropriate - m 1 1 1 1 ?'m I hereby authorize Pennsylvania Counseling Services to release arty ksformation acquired in the course of rW exambation and teatmert and also understand that I am financially responsible for all fees not covered by Insurance. ? I further authorize payment of ai benefits directly, to them. ? Please send payments of benefts directly to me. 0 IndividueVFemlly O Group PREVIWSBALANCE /2o TODAY'S CHARGE SUB-TOTAL PATIENT'S PAYMENT - CD 014SIiE SUPERVI INSURANCE PYMT PYMT ON ACCOUN BALANCE DUE SOR S SIGNATURE {t(appOCabbyLICENSE •;. CHECK NUMBER O Lest Session (C for CASH) "A@ Cam - Oft# Use Yefow CON - Clant/Inetrance Pick Copy - Clot Fie 44r Ab. W,'DONEGAL COMPANIES ' DATE: 12/13/96 POLICY NUMBER: ENTER DATE PAE 0364343 20 DATE OF LOSS: 06/03/96. 4 OCCURRENCE s 01 °. ,i.• CLAIMANT NBRs- 01' CLAIMANTS CATHY CRALL-SMITH ,. 1r,.INJURY: PROVIDER 261776663 PC LOCATION: 003 SPECIALTY PEMNA COUNSELING SERVICES 446 GETTYSBURG PIKE MECHANICSBURG PA 17065 717-795-8363 WEST SHORE LOCATION DATE OF SERVICE/TYPE PROCEDURE -----_-_ ---BILLED-AMT UNITSl,'. AMT PAID ----- ----------------------------- ________ 09/25/96 - 10116196 90844 360.00--_ --4--_-- 343.66 INDIVIDUAL MEDICAL PSYCHOTHERA --- -------------------- 10/18/96 - 10/18/96 90844 --------- ---- ---- 120.00 ? 1 ? 85.89 -------------- I _INDIVIDUAL MEDICAL PSYCHOTHERA -- - ---- -_--_-- - ------------------- i ens eoC------ o I 1 i --B--?9- 10/23/96 10/23/96 INDIVIDUAL IVIDUAL MEDICAL PSYCHOTHERA Q ----'- --?------i-?--- 10/24/96 - 10/24/96 90844 -------- INDIVIDUAL MEDICAL PSYCHOTHERA 10/30/96 - 11/01/96 90844 ID 30q(oDeniecl. '--; INDIVIDUAL MEDICAL PSYCHOTHERA qcp (Y)l --------------------------------------- - Da,S 16 awieL ---- o ??/??? pens -_ ref ?C la?eoC i m v, ------------------------ ------------- - -- -------------------- ---------- A _DO s__ !v 30 ,'f- tale ,lI rnlvq------- ------ - -_ - ?Jces_ D_tSerur,_ ?U ?a ?y - /v /3b1- q? i re _? - a ---1-- ------- -------.---------- Anc --Ica f_ l?xls r?af-C.- - -----l the, VIP OCCide,rn`. P SC hl,?l Gc '' 20 _.j ------------------------------------------ -- , --?c _/? . TOTAL BILLED -"4104$ TOTAL PAID ., a 515,3A CMtl f I r-7f N R OMO I o .? 1 ! cs ' ?v O d „ N V O N U to N i U EU O .J O ` IL z U LL ?•1 w ??•• `? 1 1 l Z 2 rr O ?? 1?I L) 0 c> a z _ 0 0 } > w I"^ O a /L.L.. V Q 1 \Y LL s m Q[O<I'•%I cr /It1 l;l4\.1'.1,`;\? I I II II. rICl(I "..... •?illa.l;l 1J 11111 aU:C,Y%il ?v :I ?I L U da, v J L? 't V • s. I I I ?l I , bl 1 1 / I l[ i - I .?. O I? {? ?? !L i U ? _i? i? W ?- w II_ Ci ic ?_ LL ci I I, I n I \. I J , ?? I ILI 1 I ?. ,4 ?vj I ?! I I .C U r y h G, J?1.' j ? u cLi Eo 1 ..?I ?1• p? I ULL ; IF, o I r.: r. I u? w \ ? ?' ILL O u: O < g ?.. t 7 '.. 3 ('il' I (Flr; R eceipt No Ob '360 RECEIVED FROM-«?( 7Lo t . _ - i r FOR REfJ ?? --- --- - -- - ----DOLLARS FROM - ACCOUNT PAYMENT ---i-r_ ChCc6 a LANCE DUE 1 i money ,/-? ? ?,?c • /?GZC \ ?Y c ,n tcl?. J . O ?} 7 ?• L u dv OO u u E o` U p ul 0 w r ¢ 'z Fu 0 R U illy 00 DU O a 1/ w j a w I w j cc W 9C9Z-VLL•L1L 010LI Vd'QN,/iwfjWRo &UN 173211S )C1WR ON A5137 AO A,IVd3I II 3Z)VSSVW i U M CC) C O V ,l n NNI \ o ?I _ ...,. \ m L\I u C\ 1 N ?a N, d N? Y G' C \ Q ` L U L W 4 U El ` W J I I •'J j p I: ? 11 1I - 2 IV' I 1 ? i_: `'1I j I ..? t m LL O ; r 1 Q r la i ?< cc L] 9tiGCVLi -11 t 010 11 Vd'ON`,/T!I',f1W(1J U3tIiS i7?!JR OOf, AS.' 31 Afl Ad Vii ?11i 39VSSVW 1 l`y O al ? I I i r r u cm L ev u u u E o Ai J 1 LL I Ul I-. ?0 ad W 0 f u I??I LL. V O u I G ? /,.L.. ASi:d A9 AdVtAi l 35V- SVW 1 Receipt Date 1 Na o 8347 r RECEIVED FROM I_1^-ILSS- :"/7% •C 1C_.___._.__._____.__ ?? l.'?? 5.'A I f FOR RENT /J - --- ?- -DOLLARS "II i?VFOR r?.___??ft/i(Laay!!.'. ul w!' ;j?i• FRGM_ TO U - ACCOUNT _?I I eae,h PAYMENT i i chock - ""'-J- - DAIANCEDUC ---i 1 monc derY DY? PIN x .f .` VC 1 vl J I 1 rt k o m t u ma G N d u u N Eo W o N. W U W ¢ ;z .? > r\ a: 2 O w o U U < w1\ 00 y?? O ¢ a cc a` Vf . 01011 Vd'ONVld3By4RO M3N 133U1S 3001U9 ODC AS130 AO AdVWH1 3OVSSVI'J N <i C=) I 00 O o i `i fK1• `J 1 O 1 I r. n% m N v E A O , ?1 R IF- 1q 1:1 ? df . 1¢y vi ? I i ¢i?m wlw W W \..1 4 S ?, U ?'?LL u OI I U rd o u L 9CSZ'VCL-C11 01011 Vd'0NV183UWR7 M3N 139613 3SOIUU DOC AS130 AD AdV63H1 3OVSSVW Q Doie__T)3 Receipt. m w 21 x RECEIVED FROM ??C lf? =??..? ,< ,.( is fv FOR RENT FROM G ACCOUNT cash PAYMENT ) Chock BALANCE DUE , -? money - order DY' ?{,? i i C v c5 , Z c• `NI i CI I I ? `? i f 0 1 1 • ? n I m f? I \ .? y ?` I ? I \ \ N S U U 1 ? ! .. ' I i ! ? y N Z i .. I 5_ S ? Q)O O .1,J1 `l 2 Z ?'joo 1 w ? ° I ? s < 14 ?J o7 9?SZvLL.'ClC d/.D(.i Vd'CitiVlJ3D??RO MIN 13MiS 35O2U COC AS13U A "ll"vN31'U 3OVSSVW ___ _--DOLLAR S X? I? Y T? 000 OO o C= N 0 m r_ u m y a m o E u ° ,J0 . (?) O v cc w o 0 ¢ w w _> w ¢ ¢ U E 7 0 0 L v >- g rVJyr. Ill LL 9CSL •VLL-L l L OLOLI Vd'ON VRJ30vgn-)A13N 133tl1S 3901W OOC AS130 A0 AcI Vb3H1 IOVSSVtN a w V ° {¢ PI1 tyr O w U U LL 4 O¢ a r L.L. w o o ? 3 > ¢ 9CtiZ-7LC"LIL OLOLI Vd'CNV18304NnoAUN 133615 3901J0 OOC AS130 AS AJV3H139VSSVW ACCOUNT PAYMENT RAUWCE DUE l 6 z J , `,l V I x ? - -- - 4-j O I 0 U LL Z W N 0 U W U ¢ LL LL ()0 w L W LLI O ¢ ¢ a ¢? 9CSZ-7LLYlL ,. 01011 Vd'ONVld30vgno imN 133diS 3901110 OOC AS130 AU AdVd3H1 39 MAN - e .1' cauorr ... ?°' ' (` r?//lam .?\V _ AB {, .. Aouow:i ' 4soo 1 LUL?d?-v ®i'' MASSAGE THFPA PY BY BETSY 300 BRIDGE STREET NEW CUMBERLA ND. PA 17070 717.774. 2536 1 0 I r ?. n I q? O o (v o b Q ?? g b ° J T! 7 . NI i ?1 a, 0 0 o N MASSAGE THERAPY BY BETSY 300 BRIDGE STREET NEW CUMBERLAND. PA 17070 717.7744--2536 m n U -n /m n a 3 °°_ < CD ° y Z m ^ l 1 m ~ I, Z p l/'??? F: r ---- C b aob ? !? ?.. ? O N C=D ^ °o N 3114 3DNYtYO lNB000Y ": . WOtld ? rijN38 tl0.40 ?WOtld03A1303U o diaaa? if/wSAGE THERAPY BY BETS 305 BRIDG.F• STREET NEW CU5EVAND,PA 170; 717.774-2536 A t11 m 0? pm <(D m C m y??/, m ' 1 O 1 ~ r l 0 c c i c r 1 c Receip RECEIVED FROM Q W O x?cn 0FOR RE 7 n &FOR_ U FROM L z ACCOUNT PAYMENT DALANCEDUE v y N V > o ?- Deto cash Q check money.';. 0:m ^J ro x O O t% 9 m z x c V` x V. ? o O Y • V Y ro x J C" V r M ro J r+ J O 0) I MASSAGE THERAPY BY BETSY 300 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-2536 b m 9 D O n T) i O O m CD c o as ?V O O y C T m a O v mN n > Go 1 d A ?I m 0 m t of u u Ea ?i QJ k _ .c. LL . N Z zL u _ o W _cr 2 frO z CL) Wi W w O O` O a x J 2 LL m ±C"i: L/LIL OCDLI I•I'C+n?l P4V!1?M?N lJLla: !o'), AS13t1 AU I,ovu?H, dE)MSSVW„ 1\CI.CI ken I ;vlj v ?.?+ I ? JI \ I 1 } ?I I 1 r U U EO 7? I I (' l W W w 1.1 [ \ \ V V 9cS? ?L['L t OLOLI MWONT1I 9SA11O M;N 23'WI...?.Il}I.,4,L r•S132 M3 AWditij J'JVSSVA 0 w n w m ?! ri ?(W99o? T d ? n w w ? m U rn RECEIVED FROM. T, FQR RENT t9 FOR i-,\ .? IN m na u u Eo N O .? I I iI 4-. I - -i S?. U 10 U `\ 1? G r! f 1 fi % I11 ? ? LL ?-I 11 (t `? 1 t trn Id cl? 1 r, 4131,11 1 1 ? N s r a i (T O ILL U" fl Q ` '1 V ?1 v, 4 O O \i 1 I ?I 11 rt o „ LL U. R In n m Il l? I i ? I I j I III II 11 i l l 1 I i3?81G Aool11(I wl: A d.' I ,w M W1.11 Il i5J'JSnvv t M1 .. 4 Ih'l'\ p i I 01 ? ? ?\t ?{V I 1 '?II ?l `J I JI ? I I . ' i ? 1 t n m p p IJ\ ? ``J? 1\ 1 1 I 11 ? I J .? ? I I I r l.. ; J ' I I ` E V 111 V:? I {(`?? I'I/0/.I ti-41'CIIJ'il/IiIQV•:76.1 /:I'..I!,. 11F11.^ Ian' 1 I p'7' / S' N N cc Q C:s ?•J 1 i i ? I I I C\ 1 ' l v l'1. 1?i ? I '" ?nJ 1 ?! 1? I Ji, _ `I I m .,) I I ?„il, I l 'I ? i II ? \I? f , 1 i 1 1 I ? 1 i-X 4 ti si d L:7:1?Jl 39GIU(f ON ?,• o`3171 . Al is ":/`I?.ril. ilk \/.,.i?i ? I Date Re? ?3 'T ;?c RECEIVE Fl',?M lpl? /,L" ly-k? Lt 77 $ i UOR r:CNr ML R S 1, n zi r: (?f?l f)li - -.. /vc- ?l?'?L•rl.. /Gtl?!t?. ?%i :'?((_, ? ' ?J .3. I I TOM c ' .. _. i IAVMCNT chrck ?? -?- - I 13AI.ANCr. IX)L Money ' order By Ank 1 I vJ. I v, ' I ? I tO I? /I l J; I r 1 I Gi I IL n 1 `Z i U I(1 II > ` f) O Ol \ Il I1. w .w I> 11 L \-O r--i ? J ¢ 1 -J-1 ??y 1 I ort \ I CSI i , I '? i v? •/ l I ti f 1 1 , I : 1 ,1 n I yi L J fI ? i. Y II' 1 'Ir !a3 V 9f:9L-VLC-I I L ii Vd'QNvitoivmoMIN 13MLO 300160 OOC 19 AO AdVdj!ll 30VSSVW ?6SCY/.L' L I, '<ti!: VJ'CIN''1?219?btif10ldl?r: J. ':.7jiS 39:71210 J'Jt. ??l :J±' !:'7 ho\/J3HI.3?J'yfSSVI^I cc r-\ ' dl ? J Jo ? ?. - ? I N t:?i ? U}.. .I ? I ?J I 1 ? J\ 1 ( 1 is :I j0plo I nupw I I _ '1 1? )^IV_va I 1 - 'I .NNX)jV _? ?? .yam, - •,u'J sav-1-1oa - 691G£4 'QN 121-3-- 61 ---- ? o is a -? CC ., J r ' I I r`1 ?I m o' tj `?Y n I F 1 I (r. U ll 1 n w III C,) I{I 11 I Il `,`I ll. 11_ U it bl m 1_ J I I ? I I! I, + (fl + (1 l 1 I 1. , n 1 _ m ': Ct 11-;'/./ %i f 1/011 %4I'CNd1T179NIfIJMclit LJLLS l'JOR12 frg \!J - Io -j ? a o i 4 STI J .,L1?Gj ? \• JII /,n I \ II: `t U ir..Vf? 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Exhibit D CAVALL O CHIROPRACTIC CLINIC DR. MARK CAVALLO Chiropractor October 21, 1997 Rehabilitation Planning, Inc. 801 East Germantown Me Plymouth Green Office Campus - B5 Norristown, PA 19401 Attn: Ms. Sandra Cooper, R.N. RE: Cathy Smith RPIn: P0431597CN CL9: PAE035434392 D/A: 5/3/95 Dear ,Is. Cooper: i • CBNIied Chiropractic Sports Practltionar • Certified Independent Medical Examination • DlPlomate American Academy of Pain Mane i • DlPlomate American Hoard of Quality Assurr and Utilization Review Practltloners A comprehensive review of the above referenced file has been completed with attention to evaluate and determine if chiropractic care rendered was reasonable and necessary. The following documentation was submitted for my review: 1 • Correspondence from Rehabilitation Planning In c. 2. J. Clifford Renyo, D.C. A. Correspondence from Peer Review Company, dated 9/18/97 B• Note concerning Discussion C- history, dated 7/15/97 D. Personal History Questionnaire, dated 7/15/97 E. Patient Information F. Examination, dated 7/15/97 G. Echographic Report, dated 7/31/97 H. Progress Reports, dated 8/21/97 and 9122/97 Parkview Professional Offices 21 East 5th Avenue • Suites 1 8, 2 0 Conshohockpn, ce .I 0 ATHY SMITH kGE 2 4. 5. 6. I Notes, dated 7/15/97 through 10/10/97 J• Invoice, dated 7/15/97 West Shore Medical Office A. Notes, dated 5123194 through 4119195 (pre-mva) B. Notes, dated 5/8/95 through 11/3/95 C. Prescription for Physical Therapy, dated through 7/95 D. Letter, dated 2/14/96 Orthopedic Institute/Richard Boa,, M.D. A. Records, dated 11/7/95 through 3/7/97 Correspondence from West Shore Psychological Services, dated 4/17/97 with Records dated 9/96 through 7/97 McCuen & Associates Physical Therapy A• Records, dated 3318!95 through 3/29/95 (pre-inva) B. Records, dated 5/24/95 through 8/18/95 C. Correspondences, dated through 8130195 7• Health South A. Jobsite Evaluation, dated 2/96 B. Note, dated 3115196 C. Records, dated 2/96 through 3/96 8• Imaging Studies A. Cervical and Thoracic X-Ray Reports, dated 3/7/95 (pre-mva) CATHY SMITH PAGE 3 B. Lumbar X-Ray Reports, dated 2/95 (pre-mva) and 10/95 9. Police Accident Report 10. Application of Benefits HISTORY: This history as indicated through the documentation reveals that this presently approximate thirty-nine year old female was involved in a motor vehicle incident on 5/3/95. The records indicate that while Ms. Smith was a restrained driver of a vehicle, in turn the vehicle in which the claimant was traveling in was involved in a head-on collision with another automobile. According to the Application of Benefits, it was indicated that following the incident, the claimant presented to the emergency room of Poly Clinic. However, no documentation exists for my review from any emergency room facility concerning this particular case. Furthermore, there is no indication through the documentation indicating that the claimant had experienced any loss of consciousness and/or sustained any fractures as a result of the incident in question. According to the records, the claimant had a past history of a work incident in which the claimant fell on ice in 2/95. According to the records, on 5/8/95, the claimant presented to West Shore Medical Office and was evaluated by Creston Herold, M.D. Upon evaluation, Dr. Herold opined that the claimant sustained cervical, lumbar and left ankle sprain/strain, contusion to the right knee along with bursitis and myofascial pain syndrome. Dr. Herold in turn prescribed the claimant medication and recommended physical therapy along with pool exercise. Records exist for my review from Dr. Herold of West Shore Medical Office through to 11/95. According to the records, the claimant underwent treatment at McCuen Associates Physical Therapy from 5/24/95 through to 8/14/95 at which point the claimant was discharged to home exercises. Treatment at the above named facility included moist heat, ultrasound, massage, exercises and TENS unit. CATHYSMITH PAGE 4 According to the records, the claimant underwent orthopedic evaluation with Richard Boal, M.D., on 11/7/95, in which Dr. Boal opined that the claimant had low back pain, and posterior facet strain. In turn, Dr. Boal recommended a lumbar MRI which according to the progress notes submitted by Dr. Boal of 11/17/95, it was noted to be normal. Also, Dr. Boal recommended exercises and epidural injections performed by Skeehan. Records exist for my review from Dr. Boal through to 3/97. According to the records, the claimant underwent exercise treatment at Health South Rehab from 2/96 through to at least 3x96. Furthermore, the claimant underwent psychological treatment at West Shore Psychology Services from what appears to be 9/96 through to at least 7/97. Subsequently, over two years following the incident, on 7/15/97, the claimant presented to the office of Dr. J. Clifford Renyo, Chiropractor. Upon evaluation, Dr. Renyo diagnosed the claimant as having thoracic or lumbosacral neuritis. Based upon the above diagnoses, a treatment regiment was incorporated by Dr. Renyo consisting of adjunctive procedures along with manual manipulation utilizing the Cox traction technique. Also, an echograph was performed to the claimant by Dr. Renyo. From a review of the records, it was noted that the claimant initiated chiropractic care under the guidance of Dr. Renyo on 7/15/97 and continued through to 10/10/97. It is unclear upon reviewing the records if the claimant continued to receive ongoing chiropractic care beyond 10/10/97. On 10/17/97, I contacted the office of Dr. Renyo and in turn a scheduled appointment was made for Dr. Renyo and myself to discuss this case with the receptionist, Susan, on Monday, 10/20/97, at 2:30 PM. As scheduled, I discussed this entire case with Dr. Renyo on 10/20/97. The provider stated that the psychologist actually recommended chiropractic care. Dr. Renyo stated that the claimant has been making some improvement with the lower back pain however it was suggested that perhaps a discogram be performed to rule out the possibility of disc pathology. Also the provider stated that the claimant's secondary diagnosis included cervical myofascitis which has made significant improvement with chiropractic treatment. Dr. Renyo stated that the previous care rendered to the claimant had not helped Ms. Smith and in fact Dr. Renyo was not sure if the injections performed to the claimant were performed properly in that one injection per month was performed to the claimant over a six month period of time. Dr. Renyo stated that Ms. Smith currently treats twice weekly. The conversation with Dr. Renyo ended shortly thereafter. DISCUSSION:. Upon reviewing the records submitted, it is my professional opinion to a reasonable degree of chiropractic clinical certainty that any and all care implemented to this claimant by Dr. Renyo CATHY SMITH PAGE 5 nitiating oycr two years pos'i_trauma from 7/15/97 and beyond not be considered reasonable inknecessary specifically concerning the incident of 5/3/95. Upon reviewing the recor s, as pudined previous, the claimant had already undergone an extensive course of medical care which ncluded physical therapy and orthopedic evaluation prior to incorporating chiropractic care with fir. Renyo. it is my professional opinion to a reasonable degree of chiropractic clinical certainty hat the claimant had already received more than a sufficient amount of in office treatment prior to ncorporating chiropractic care with Dr. Renyo over two years following the incident fiom F/15i97 and beyond. According to the Guidelines for Chiropractic Quality Assurance and Practice Parameters, proceedings of the Mercy Center Consensus Conference, parameters of chiropractic care accepted and endorsed both by the American Chiropractic Association and the Federation of Chiropractic Licensing Boards, it is stated in this document in Chapter 8, "Patients who are at risk for becoming chronic show characteristic patterns involving their illness and life situation. Warnings signs include 1. Somatic complaints that remain static for longer than two to three weeks; 2. Anxiety or depression; 3. Functional or emotional disability; 4. Family Turmoil; 5. Drug dependence - recreational, non-prescription or prescription. A fourth guiding principle is that repeated use of acute measures alone generally fosters chronicity, physician dependence and over utilization". Furthermore, according to literature in the American Journal of Pain Management, July, 1994, Volume 4, No. 3, there is an article written by Kevin Murphy, Ph.D., titled, "Chronic Pain Syndrome - What Is It and How Can We Help", it is stated in this literature, "Almost all treatments and procedures used to assist patients with acute pain are entirely inappropriate for patients with chronic pain. In most cases, approaching chronic pain as if it were acute actually exacerbates the situation. The attempted solution, then, sadly becomes part of the ongoing problem". It should be noted that the above principles are also outlined in literature written by Vert Mooney, M.D., The Journal of Musculoskeletal Medicine, September, 1989. Therefore, based upon the above literature along with reviewing the documentation presented, as outlined previous, no care_ rendered to the claimant by Dr, Renyo initiating over two yearsopst trauma from 7/15/97 and beyond, would be considered reasonable, necessarynor supportedr t ou t e d6cumenty a- t presented concerning the incident of 513/95. i The comments contained in this report are my professional opinions concerning this case based upon the documentation submitted for my review. Thank you for allowing me to review this case. Furthermore, this review was performed without bias towards either provider and/or patient. Should you require further assistance, please contact our office. Ell .... , CATHY SNaTH PAGE 6 22 22 -d < ? r? V N p, L ? 0000 > rv ?. yy rv (A k co O r z fY 0 7 ¢ z _ y K I ? S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. (( `q- a.5M C Li S Tl((1 Civil Action - Law CATHY CRALL SMITH : DONEGAL MUTUAL, INSURANCE 718 Second Street : COMPANY New Cumberland, Cumberland Co., : Route 441 Pennsylvania 17070 : Marietta, Lancaster Co., . Pennsylvania 17547 versus Plaintiff(s) and Defendant (s) and Address(es) . Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of Summons in the above-captioned action on behalf of Plaintiff Cathy Crall Smith. Said Writ of Summons shall be issued and forwarded to the Sheriff. Dennis R. Sheaffer - ?? TUCKER ARENSBERG & SWARTZ Sig ture' f Attorney -- 111 North Front Street P.O. Box 889 Supreme Court I.D. #39182 Harrisburg, PA 17108-0889 (717) 234-4121 Date: WRIT OF sUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prot onotary Date: By ?* (u (1 ?? h Deputy ( ) Check here if reverse is used for additional information 111 C.' N .?? 4?" ('n J ? ?L ,Ll Lo 77 L (- 0. +G " U c? U a Cli - = x C W X z N cn Oa r o z I SHERIFF'S RETURN - OUT OF COUNTY CASEINO: 1999-02599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH CATHY CRALL VS. DONEGAL MUTUAL INS CO R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: DONEGAL MUTUAL INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania. to serve the within WRIT OF SUMMONS On May 25th, 1999 this office was in receipt of the attached return from LANCASTER County, Pennsylvania. Sheriff's Costs: So answe s: Docketing 18.00 Out of County 9.00 Surcharge 8.00 Dep. Lancaster Co 39.18 1 omh Rine, W1 LL 4 T4.I8 TUGKE? ARENSBERG & SWARTZ 05/25 1999 Sworn and subscribed to before me this S' r_ day of-l 19A.D. ? ? no_ar , SHERIFF'S-OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17808.3480 a (717) 288.?9 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN LPLAINTIFF'j - Do NOT DETACH ANY COPIES. Cathy .Cra 11 Smith 2 COURT NUMOER -- 3.0EFENDANI,,, 99-2599 Civil Donegal. Mutual Insurance Com an 4 TYPE SERVE 5. AME?DUOFINDIVIAL COMWWy CORPORATION, ETC. TO Be SERVED Writ nF Summons Doneqal Mutual Insurance Com an fi. ADDRESS (Sheet or RFD, Apartment No., Cdy. 8oro, Twp., Stale antl ZIP Code) AT Rte 441, Marietta, PA 17547 7. INDICATE UNUSUAL SERVICE: (DEPUTIZE DOTHER Now, - .,I )(V?p 19 1, SHERIFF OF r i•anracrar &WASMP COUNTY, PA., d2 h7pby deputtze riff of . County to execute to law. This deputation being made at the request and risk of the plaintiff Ihi . idke Ving Cumberland County NOTE ONLY APPLICABLE ON WRIT OF EXECUTION:N.B. WAIVER OF WATCHMAN- Any deputy sheriff levying upon of attachin an within writ may leave same without a watchman, in custody of whomever is found in possession, alter nolil in 0 Yopertyunder the pad or such deputy or the sheriff to any plaintiff herein B. SIGNATURE of ATTORNEY for any less, tleslruction or removal of any sachet operly before sheriff's sale htherleof.hly on or other ORIGINATOR CUMBERLAND CO SHERIFF- REFUND 10. TELEPHONE NUMBER 11.0ATE 1-717-234-4121 43099 12 SEND NOTICE OF SERVICE COPY TO NMME AND ADDRESS BELOW; (This area must be completed If notice is to be'mAlled). DENNIS R SHEAFFER AT TUCKER, ARENSBERG AND SWARTZ; 111 N. FRONT ST., P O BOX 889, HBG, PA VV IYuI WHIIftBELOW THIS LINE 13.1 acknowledge receipt of the writ 1 NAME of Authorized LC30 Deputy or Clerk ,a, Da1e Receivetl orcomplaintas indicated above ( J MORRIS 295 3609 tS. Expaation7Me de 5-5-9,9 5-31-99 9 16.1 hereby CERTIFY and RETURN that 1 ? have personally served, have legal evidence of se Remark mce as shown in 'Remarks have executed as shown in s", the writ or complaint described on the individual ,co p ny,corporation. etc.. at [headdress shown above or on the mdivitluel,company, cor- poration, etc., at the address mseded below by handing a TRUE and ATTESTED COPY thereof. 17. D I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc_ named above. (See remarks belowl 18 Name and title of mdwitlual served (d not shown bove) (Rulabonship to Defendant 19 A/1 1 jJ1 A merMwn en n, a in Th a eftnei - A • ?1(T /LJf-t .f? ?.. In&C ¢Hthnp, a e afeneant'a usual Aq ZO AtldrCSS 0l who serv tl(,,mp,et, onlyd odten. Ihan shown above) (Street Slate OrL_GRFD,A-`prart`?meJnrt NOS., OIIVy,D p Tw place Of x0oa and Zip Code) o J21 J1 Date I SI rvl 22. Tlme -?? -1 0 4641 19 ` 9 14-.2-7 PM EDST !3. ATTEMPTS Qsle Milss Oep. Int. R102318 100.00 I '" "' y"'" r 21 30.50 30 REMARKS S, TA .. ? AN Slai 31. AFFIRMED and subscribed to before me this _41s,, /1 ?j ]' sc0nerurr Sa day of/}-- 19 r / ___- D.p Sne wl J7 3S l -7 v COST ODE O e[TONI Gk# Il??? _.nrrlIVWSSION ExPIRES ?,QjyF vrztyrCteT'YYyDY{toffy 38 1 O - Elr T Or !HE SMERIFE S RETURN S!GN AT U RE 1 - _-_- _ - AU7 YlR 7C 7 i5 U:NS All HJk,' V ONE, 111uE 95 e'r'r i ? W s d w '? ono crt cn o, CO THOMAS, THOMAS & HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. DONEGAL MUTUAL INSURANCE COMPANY, Defendant PRAECIPE TO THE PROTHONOTARY: NO. 99-2599 - CIVIL TERM Please enter the appearance of Jeffrey B. Rettig, Esquire of Thomas, Thomas & Hafer, LLP on behalf of Defendant Donegal Mutual Insurance Company in the above captioned action. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By. J ey B. Rettig, E ire :64257.1 ? m ? CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the ' ? of June, 1999. Dennis R. Shaeffer, Esquire P.O. Box 889 Harrisburg, PA 17108.0889 THOMAS, THOMAS & HAFER, LLP 17 By/ 7 Je ray B. Rettig, quire 4 THOMAS, THOMAS 8 HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule directing Plaintiff Cathy Crall Smith to file a Complaint against Defendants within twenty (20) days or non pros seq. reg. HAFER,LLP By-- L% U/l?-? Jeffrey B. Rettig, Esq If RULE TO FILE COM LAINT AND NOW, A RULE IS ISSUED AS ABOVE. Prothonotary By:J:rlr rc r !. ??f Deputy 84505" 1 CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing documeit on Ilowing person by placing same in the United States mail, postage prepaid, on the of G- 2000. Dennis R. Sheaffer, Esquire P.O. Box 889 Harrisburg, PA 17108-0889 THOMAS, THOMAS & HAFER, LLP (p ?? CJ THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identificatlon Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMh10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of W. Darren Powell, Esquire of Thomas, Thomas & Hafer, LLP on behalf of Defendant Donegal Mutual Insurance Company in the above captioned action. Respectfully submitted, THOMAS, THOMAS & HAFER By: -? W. Darren Powell, Esquire Attorney I.D. No. 68953 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 (717) 237-7105 (fax) CERTIFICATE OF SERVICE I, W. Darren Powell, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid as follows: Dennis R. Sheaffer, Esquire P.O. Box 889 Harrisburg, PA 17108.0889 Date: ?-'?G /o Z THOMAS, THOMAS 6 HAF P , B Y•- --? W. Darren Powell, Esquire :64257.2 THOMAS, THOMAS & HAFER, LLP Attorneys for Defendant W. Darren Powell, Esquire Donegal Mutual Insurance Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant ANSWER WITH NEW MATTER AND NOW, comes Defendant Donegal Mutual Insurance Company, by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files this Answer with New Matter to Plaintiffs Complaint and in support thereof avers as follows: 1. 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. 2. Admitted. 3. Denied. The averments contained in paragraph 3 of Plaintiffs Complaint constitute conclusions of law to which no response is required. COUNT I - BREACH OF CONTRACT 4. Paragraphs 1 through 3 of this Answer with New Matter are incorporated herein by reference. 5. Admitted in part, denied in part. It is admitted only that on said date Plaintiff was the driver of a car that was involved in an accident with a vehicle driven by Albert Mushock. The remaining averments of this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 6. Admitted in part, denied in part. It is admitted only that, prior to May 3, 1995, Plaintiff and Defendant had entered into a. contract wherein Defendant provided automobile insurance to Plaintiff. It is further admitted that said policy provided first party medical and income benefits, with limits as set forth in paragraph 6 (a) and (b) of the Complaint. The remaining averments are denied pursuant to Pa.R.C.P. 1029(e). 7. Admitted in part, denied in part. It is admitted only that, at the time of said accident of May 3, 1995, Plaintiff was a named insured under the automobile insurance policy issued by Donegal and known as policy number PAE 0354343. It is further admitted that said policy was effective from December 15, 1994 through June 15, 1995. The document attached and marked as Exhibit "A" is a written document that speaks for itself and, therefore, any characterizations of the same are hereby denied. 8. Denied. The averments contained in paragraph 8 of Plaintiffs Complaint are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments contained in paragraph 9 constitute conclusions of law to which no response is required. To the extent the same are judicially deemed factual, the same are denied pursuant to Pa.R.C.P. 1029(e). 10. Admitted in part, denied in part. It is admitted that Defendant has paid first party medical benefits under the automobile insurance policy issued to Plaintiff. It is denied that Defendant wrongly refused to pay additional medical benefits based upon a 2 peer review by Mark Cavello, DC on October 21, 1997. It is further denied that Defendant wrongly refused to pay additional medical benefits as not being related for treatment of injuries caused by the May 3, 1995 automobile accident. 11. Denied. The averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). By way of further response, Defendant continues to make payments under the medical expense coverage of the applicable policy and, to date, has paid over $22,000.00 under said coverage. By way of additional response, the document attached and marked as Exhibit "B" is a written document that speaks for itself and, therefore, any characterizations of the same are hereby denied. 12. Denied. The averments contained in paragraph 12 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is required, the same are denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. The averments contained in paragraph 13 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is required, the same are denied pursuant to Pa.R.C.P. 1029(e). 14. Denied. The averments contained in paragraph 14 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa.R.C.P. 1029(e). 15. Denied. By way of further response, a Peer Review of the medical treatment provided by Dr. Holland of West Shore Psychological, was conducted and a 3 Peer Review report on the same was issued on March 10, 1998, by Edward Murphy, Ph.D. A copy of said Peer Review report is attached hereto as Exhibit "A". 16. Denied. The averments contained in paragraph 16 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. The averments contained in paragraph 17 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa.R.C.P. 1029(e). 18. Denied. 19. Denied. The averments contained in paragraph 19 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa.R.C.P. 1029(e). 20. Denied. The averments contained in paragraph 20 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. The averments contained in paragraph 21 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa.R.C.P. 1029(e). 4 22, Denied. After reasonable investigation, Defendant is without information sufficient 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. WHEREFORE, Defendant Donegal Mutual Insurance Company respectfully demands judgment be entered in its favor and against Plaintiff Kathy M. Crall-Smith and requests that this Honorable Court enter an Order dismissing Plaintiffs Complaint. COUNT II - BAD FAITH PURSUANT TO 42 Pa.C.S. §8371 23. Paragraphs 1 through 22 of this Answer with New Matter are hereby incorporated by reference. 24. Denied. The averments contained in paragraph 24 of Plaintiffs Complaint constitute conclusions of law to which no response is required. 25. Denied. The averments contained in paragraph 25 of Plaintiffs Complaint are denied pursuant to Pa.R.C.P. 1029(8). 26. Denied. The averments contained in paragraph 26 of Plaintiffs Complaint 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 denied pursuant to Pa.R.C.P.1029(e). 27. Denied. The averments contained in paragraph 27 of Plaintiffs Complaint 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 denied pursuant to Pa.R.C.P. 1029(e). 28. Denied. 29. Denied. 5 WHEREFORE, Defendant Donegal Mutual Insurance Company respectfully requests that this Court grant judgment in its favor and against Plaintiff Kathy M. Crall- Smith and dismiss Plaintiffs Complaint NEW MATTER 30. Paragraphs 1 through 29 of this Answer with New Matter are hereby incorporated by reference as if set forth herein at length. 31. Plaintiff has failed to set forth a claim for which relief may be granted. 32. Plaintiffs claims are barred and/or reduced by the applicable provisions of the Motor Vehicle Financial Responsibility Law. 33. Plaintiff has failed to cooperate and provide the supporting financial information in support of her claimed income loss. 34. Plaintiffs claims are barred by the applicable statute of limitations. WHEREFORE, Defendant Donegal Mutual Insurance Company demands judgment be entered in its favor and against Kathy M. Crall-Smith and that the Complaint be dismissed, with prejudice. Dated: July 9, 2002 Respectfully submitted, THOMAS, THOMAS & HA ER, LPL By: Darren Powell, Esquire Attorney I.D. No. 68953 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 (717) 237-7105 (fax) 6 VERIFICATION I, Jody L. Clark, as a representative of Donegal Mutual Insurance Company, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. 4904 relating to unsworn falsification to authorities. DONEGAL MUTU L INSURANCE COMPANY By: 4da' A Jody L. Clark Dated: l J U :lossz7.1 I .., ,_: ?? .a -? 1 CERTIFICATE OF SERVICE I, W. Darren Powell, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid as follows: Dennis R. Sheaffar, Esquire P.O. Box 889 Harrisburg, PA 17108-0889 THOMAS, THOMAS & HAFE , P By:. W. arren owell, Esquire Date: July 9, 2002 :172159.1 7 R L a 40 ? March 17, 1998 Ms. Jody Clark Donegal Mutual Insurance Company P.O. Box 302 Marietta, PA 17547 Rehabilitation Planning, Inc. Since 1981 RE: Cathy Smith RP19: P0460598CN FILE#: PAE0354343(92) Dear Ms. Clark: Enclosed is the Peer Review performed by Edward Murphy, Psy. D. on March 10, 1998, and received in my office on March 17, 1998. The Review addressed the treatment provided by Stephen Holland, M.A. Mr. Holland did request to speak to the Reviewer prior to final determination and did so on March 5, 1998. Based on the Automobile Insurance Reform Act - Act 6 of 1990, the insured or subsequent provider has 30 days from the day the initial determination is effected to request a Reconsideration. The charge for the Reconsideration shall not exceed the charge for the initial review. Requests for Reconsideration should be forwarded to Rehabilitation Planning, Inc. ATTN: PRO Coordinator. Please feel free to contact me if you have any questions or concerns regarding this Review. Thank you for referring this file to Rehabilitation Planning, Inc. We look forward to assisting you with your review needs in the future. Very truly yours, ?° JN San ra Cocper.N., B S.N. Nurse Reviewer SC/tr - Enclosure PLYMOUTH GREENE OFFICE CAMPUS. 8.5 • E01 EST ?_•E 44 ?'_ ? it E c'^' 1 1 itI C? P %X; • F V )610) 278 07»2 TRACKING LOG INITIAL REVIEW PATIENT NAME: CLAIM NUMBER: RPI NUMBER: Cathy Smith PAE 0354343(92) PO 460598 CN DATE PRO RECEIVED REFERRAL: DATE PRO ACKNOWLEDGED RECEIPT: DATE RECORDS REQUESTED BY PRO: DATE PRO SENT TO REVIEWER: DATE PRO RECEIVED FROM REVIEWER: DATE PRO SENT TO ADJUSTOR: 1/20/98 1/20/98 1/20/98 2/24/98 3/17/98 3/17/98 REVIEWERS SPECIALTY: Edward Murphy, Psych D. Psychologist LdWPENCE S. KEPSON, M.D. LPumA = D. SMITH, M.D. QLSERT S. TAuscH. M.D. MALcoLm L. MCHARG, M.D. ceaRCE H. DOONu. M.O. EDWARD J. MURPHY, Pay.O. THE NEUROLOGY GROUP, P. C. SUITE 1 1340 OE KAL13 STREET NORRISfOWN. PENNSYLVANIA 19401-3434 TMXPWCN9 810. 379 .7443 Fax B10. R79 .2784 March 10, 1998 Sandra Cooper, F,.N., B.S.M. Rehabilitation Planning, Inc. 801 East Germantown Pike Suite B-5 Norristown, PA 19401 NEUROLOGY CHILD NEUROLOGY NEURDLPHTHALMOLOGY ELECTROMYOGRAPHY NEUROMUSCULAR DISEASES NEUROIMMUNOLOGY EPILEPSY BEHAVIORAL NEUROLOGY CAMCMO EVALUATION RE. Cathy Smith RPI: P-0460598CN FILE: PAW-354343(92) DOA: 5/3/95 Dear Ms. Cooper: The following is a peer review of the treatment provided by Stephen W. Holland, M.A. of West Shore Psychological Services regarding the above-named claimant, prepared at your request. The conclusions outlined below are developed by correlating the clinical data available with predefined criteria and experience with similar cases. The rationale for each decision should be clear and understandable to both clinical and nonclinical personnel. The process of data gathering and decision making is consistent with established standards for review of treatment. MEDICAL, RECORDS: 1. Records and Invoices - Stephen Holland, M.D.; 2. Records - West Shore Medical Office; 3. Records - J. Clifford Renyo, D.C.; 4. Records - McCuen and Associates; 5. Records - Healthsouth; 6. Peer Review; 7. Photos; 8. Accident Report; 9. Application for Benefits. CLINICAL jij,GTORY: Mrs. Smith was involved in a motor vehicle accident on 5/3/95. She was the restrained driver of a vehicle that was hit head-on in an angular collision. According to the records reviewed, she struck the back of her head on the window. She sustained no apparent loss of consciousness. She was taken to Page 2 Cathy Smith March 10, 1998 Polyclinic Emergency Room where x-rays of her cervical spine and right knee were negative. She presented to Dr. Creston Herold of the West Shore Medical Office on 5/8/95. She had multiple complaints of pain in cervical, thoracic and lumbar areas, along with complaints of right knee and left ankle.pain. Dr. Herold diagnosed her with cervical, lumbar and left ankle sprain and strain, contusions of the right knee, along with bursitis and myofacial pain syndrome. He recommended conservative treatment with use of ibuprofen 600 mgs q.i.d. and Soma 350 mgs t.i.d. It was also recommended she undergo a course of physical therapy for management of her pain complaints and increase her range of motion. Mrs. Smith underwent a course of physical therapy treatment at McCuen and Associates from March, 1995 through August, 1995. She was seen on an appropriate three times a week basis. A summary letter dated 3/16/95 noted significant improvement in her cervical pain complaints. She was noted to be essentially pain-free and had active range of motion in her neck. She continued, however, to have persisting problems with low back pain, as well as pain in her right leg. Progress notes of 8/7/95 suggests ongoing back pain with periods of prolonged sitting or sleeping in one position, as well as with active movement. A summary report by Eric McCuen, P.T. notes that she was instructed in the use of a TENS unit. It was noted she had recently undergone liposuction and other abdominal surgery to decrease the strain in the lower back. A home exercise program was established. In February of 1996, Mrs. Smith underwent a second course of physical therapy at Healthsouth Rehabilitation Center. Her complaints at that time were persisting lumbar pain with radiation down her right leg. She was noted to have decreased lumbar range of motion and decreased flexibility of her lower extremities. Treatment continued through March of 1996. A progress note of 3/15/96 noted that the patient was not experiencing any significant symptoms. A home exercise program was provided. A job site evaluation was also performed by Crystal Kick, OTR/L. It was noted Mrs. Smith was self-employed as an electrolysis. She was working at that time on a modified basis of four hours a day, three days a week. Various recommendations were made to minimize her pain complaints in this position. On 7/15/97, Mrs. Smith saw J. Clifford Renyo, D.C. Dr. Renyo diagnosed her as having thoracic/lumbosacral neuritis. She underwent a conservative course of chiropractic care through October of 1997. In August of 1996, Mrs. Smith saw Stephen Holland, M.A. in consultation at West Shore Psychological Services. A report from Dr. Holland dated September 15, 1996 noted she was treated beginning August 2nd and seen for sessions on August 7th, ath, 12th, 11th, 14th, 15th, 20th, 23rd, 24th, 26th, 27th, 28th and Page 3 Cathy Smith March lo, 1998 September 4th, 5th and loth. No records from these sessions were available for review. The first dated treatment session was on 9/16/96. Dr. Holland's letter of 9/15/96 noted she originally presented to the office with chronic pain, anxiety and depression. She was diagnosed with pain disorder associated with both psychological factors and general medical condition, as well as an adjustment disorder with mixed anxiety and depressed mood. Or. Holland's comments in the letter note her adjustment disorder was due in large part to the debilitating efforts of back injury and it's impact on her personal and occupational functioning. He recommended a program of pain management techniques, relaxation training to reduce anxiety and cognitive therapy to reduce her depressive symptoms. Her treatment sessions centered primarily on coping strategies to help minimize the impact of her pain and help her adjust to emotional aspects of dealing with chronic pain. Her treatment continued through December of 1997. A review of her symptom picture over.one year post-treatment based on the progress notes that she continued to have symptoms of depression with little symptom improvement. As treatment involved, there was increasing mention made of family conflicts, particularly marital conflicts which were listed as a significant source of stress. A progress report of April 17, 1997 from Dr. Holland notes that occasionally Mrs. Smith's father and spouse were involved in treatment as a support building measure to ameliorate the level of daily stress associated with her chronic pain. It is noteworthy from a review of her progress notes that Mrs. Smith had sustained a prior work related injury on 2/23/95 following a fall in the parking lot. She suffered contusions of the left buttock, sprain of the left lower back, left ankle sprain and the sprain of the mid-upper back and lower neck area. A report from Creston Herold, M.D. notes that she had some persisting low back complaints in the upper back and neck area. However, she was discharged from physical therapy in March of 1995 with no apparent residual symptoms. It was also noted in December of 1995, Mrs. Smith suffered a second injury from a motor vehicle accident in which the car she was riding was rear-ended. She developed some symptoms of cervical pain. A report from Richard Beal, M.D. diagnosed her with soft tissue strain. PROVIDER CONSULTATION: I spoke with Stephen Holland on 3/5/98 in regards to his treatment of Mrs. Smith. I had requested information with regard to his initial evaluation and treatment as there were no records available for review. He indicated there was no written summary report of the treatment. Fie expressed that he continues with three primary treatment goals for her; 1) self management of her pain: 2) increasing the support she gets from her husband and others in regards to the emotional and physical impact of her pain, as well as reduce Mrs. Smith's expectations in regard Page 4 Cathy Smith March 10, 1998 to her ability to pursue a career and lastly, to assist in effective coordination from all treatment providers. He felt treatment should persist for an additional period of one year. The initial frequency of sessions was approximately once a week. He noted current treatment is approximately three times a month with the goal in the near future to reduce her treatment to twice a month. Mr. Holland had indicated he was unaware as to whether Mrs. Smith had previously participated in any treatment. He indicated that to his knowledge he had not previously been involved in therapy nor had been on medication for anxiety or depression in the past. CONCLUSIONS/RATIONAL-E: Is ongoing psychological counseling reasonable/necessary?: Mrs. Smith initiated treatment with Dr. Holland beginning in August of 1996. She has been seen for over eighty sessions of psychotherapy. Mr. Holland was recommending continued treatment for an additional twelve months. It is my opinion, based on the diagnosis and what would be considered typical length of treatment, that ongoing psychological counseling is not reasonable or necessary. Mrs. Smith, based on a review of progress reports has shown limited overall symptom improvement. Mr. Holland's notes reflect that she has ongoing complaints of anxiety and depression. Many of the same issues in regard to her career adjustment and frustration over her physical limitations persist despite an extended period of treatment. Mr. Holland's original diagnosis was of an adjustment disorder with mixed anxiety and depressed mood. Based on DSM-IV criteria, one would typically anticipate emotional symptoms related to this disorder to show resolve after a three to six month period of time. There is no indication from a review of the records that her symptoms have diminished in intensity as reflected by the fact that treatment continued at the same level of frequency for over a one year period of time. Mr. Holland saw Mrs. Smith intensively in the beginning for intensive pain management services. Additionally, Mrs. Smith has received education and pain management through the Physical Therapy Department at Healthsouth Rehabilitation Center. I do not see the continued benefit of treatment highlighting pain management services. Typically, individuals with chronic pain will undergo an intensive period of outpatient psychological counseling and rehabilitation over a period of three to six months. Given the chronicity of her pain complaints, this extent of treatment appears justified. However, ongoing intervention at this time over approximately 1h, years in my opinion tends to be excessive. Was length of treatment appropriate?: Based on her diagnosis patients typically seen in outpatient rehabilitation settings given Page 5 Cathy Smith March 10, 1998 her diagnosis would benefit from a three to six month period of psychotherapy. Mrs. Smith was first seen in August of 1996 approximately fifteen months after her injury had occurred. It was evident she was frustrated by her ongoing problems with regard to her pain. Mr. Holland appropriately provided intensive psychological services for helping her deal with the emotional component of her pain. During the months of August and September, he saw her on a very active basis. she was instructed in pain management techniques, relaxation and training and participated in cognitive therapy to reduce her depressive symptoms. It is reasonable to assume that Mrs. Smith may need three to six months of treatment to help her achieve an understanding of the role emotional factors play in aggravating pain, as well as gain acceptance of necessary lifestyle changes. There is no indication as expressed above that treatment beyond the initial six months resulted in any significant symptom reduction. It is my opinion that length of treatment was excessive with more reasonable period of treatment lasting approximately six months. Should you have any questions regarding this report, please do not hesitate to contact me. sincerely, Edward J. Murphy, Psy.D. Licensed Psychologist PA-PS003315-L NJ-SI3005 EJM:dav enclosure C, ko _ LjJ t' l l L. 7..1 • l:: ?.1 I? i P:J CATHY CRALL SMITH Plaintiff V. DONEGAL MUTUAL INSURANCE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2599 - CIVIL, TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 30. No response required. 31. Denied as a conclusion of law. 32. Denied as a conclusion of law. 33. Denied. Plaintiff has previously provided financial information supporting the claimed income loss, and the claim was denied by the Defendant. Further, Claimant has not failed to cooperate in any aspect with the Defendant. 34. Denied as a conclusion of law. WHEREFORE, Plaintiff respectfully requests that Defendant's New Matter be dismissed and judgment entered in accordance with the Plaintiffs prayer for relief in her Complaint. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: -.,- Dennis R. Sheatler Attorney I.B. 1139182 111 North Front Street 13.0. Box 889 I larrisburg, PA 17108-0889 (717) 234-4121 Dated: Attorney for Plaintiff 51601.1 CERTIFICATE OF SERVICE AND NOW, this LhL/day of July, 2002, CATHLEEN A. KOHR, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: W. Darren Powell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Wz"", W. ff"C' CATHLEEN A. KOHR VERIFICATION I, DENNIS R. SHEAFFER, attorney for the Plaintiff, Cathy Crall-Smith, in the within action, make this verification on behalf of the Plaintiff, as the matters are procedural or refer to matters within the knowledge of counsel, and affirm that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. l DENNIS SHEAFFER - r• cam': ; Ll 1L'.. f+•I c.? THOMAS, THOMAS B HAFER, LLP W. Darren Powell, Esquire Identification Number: 305 North Front Street P.O. Box 999 Harrisburg, PA 17100.0999 7171237.7154 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant CERTIFICATE PRE-REQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009,22 As a pre-requisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the day on which the subpoenas were sought to be served; 2. A copy of the notice of intent including the proposed subpoenas, is attached to this certificate. No objection to the subpoenas has been received 4. The subpoenas which will be served are identical to the subpoenas which are attached to this Certificate Prerequisite. (_T S, THOD S& iAFF.R, LLP Date: - h weu. Esquire 305 North Front Street Post Office Box 999 Harrisburg. PA 17108-0999 (717) 237-7154 I, Kathryn G. Beaty of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE PURSUANT TO RULE 4009.22 on the following person, by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date: + `y1 )crj-? THOMAS, THOMAS & HAFER, LLP THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant TO: Counsel of Record Defendant intends to serve Subpoena's identical to the ones 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 Subpoena. If no objection is made, the Subpoena may be served. DATE: 2// /6 I.D. No. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 I, Kathryn G. Beaty of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person, by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 THOMAS, THOMAS & HAFER, LLP KAT RYN Ty Date: 1&tc?. I -?, -?LW3 THOMAS, THOMAS 8 HAFER, LLP W. Darren Powell, Esquire Identification Number. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7154 Attorneys for Defendant Donegal Mutual insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dana Zimmerman, B.S., C.M.T./Bodymind Alternatives 305 Hummel Ave., Lemoyne, PA 17043. (Name of Person or Entity) 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 fall 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 ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: />?Z" 1 ^ Seal of the Court BY THE COURT: Prothonotary/Clerk, Civi DDiyvio Deputy Within twenty (20) days after service of this subpoena, you are ordered by the court to omdur•a tha r k-A..,. documents or thinas: THOMAS, THOMAS B HAFER, LLP W. Darren Powell, Esquire Identification Number; 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 717/255-7154 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susan Sauder, C.M.T.,rThera-Touch, 312 Bridge St, New Cumberland, PA 17070. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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 ADDRESS: P.O. Box 999, Harrisburg, PA 17108.0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant. BY THE COURT: DATE:_ 7n?? [? ?? Seal of the CourtCivil Did i n Deputy -Z" (Address) THOMAS, THOMAS d HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 717/255-7154 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. NO, 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT O U 4009.22 TO: Betsy Sheaffer, C.M.T./Massage Therapy by Betsy, 300 Bridge Street, New Cumberland, PA 17070 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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 ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237.7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divi Deputy 1 ` .ts J (Address) THOMAS, THOMAS d HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 7171255.7154 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff V. DONEGAL MUTUAL INSURANCE COMPANY, Defendant NO. 99-2599 - CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stephen W. Holland, Ph.D., West Shore Psychological Services, 445 Gettysburg Pike, Mechanicsburg, PA 17055 (Name of Person or Entity) 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 ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: / '/?n?L / rr?2 Seal of the Court dProthonotary/Clerik, Civil Divi ' Deputy Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: AS OF /o -z3-aao(e CASE# /gqq - c2S99' HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. CATHY CRALL SMITH, P ainti vs Case No. 99-2599 Civil DONEGAL MUTUAL INSURANCE, Defendant Statement of Intention to Proceed To the Court: Cathy Crall Smith, Plaintiff, intends to proceed with the above captioned matter. Print Name Dennis R. Sheaffer Date: 10/23/06 Si Name (2w Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ?:, T,? ? c '. C .) - ? , r, G «.G ?' C?1 Cathy Crall Smith, Plaintiff vs Case No. 99-2599 Civil Donegal Mutual Insurance, e en an Statement of Intention to Proceed To the Court: Cathy Crall Smith, Plaintiff intends to proceed with the above captioned matter. Print Name Dennis R. Sheaffer Sign Name Date: 10/26/09 Attorneyfor Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. RED-W OF THE PROTHONOTARY 2009 OCT 26 PM 4: 04 CUM3?;;* L.:-%,'-f COUNTY PENNSYLVANIA. CATHY CRALL SMITH Plaintiff v DONEGAL MUTUAL INSURANCE COMPANY Defendants IN THE COURT OF COMMON PLEAS! THE NINTH JUDICIAL DISTRICT' CIVIL ACTION - LAW CIVIL ACTION NO: 1999-2599 IN RE: MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 16th day of July 2012, a status conference hearing will be held on 29 August at 11:00 a.m. in the Jury Deliberation Room of No. Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. )m Thomas A."Placey C.P.J. Distribution List: W. Darren Powell, Esq. 305 North Front Street P. 0. Box 99 Harrisburg, PA 17108-0999 ?Dennis R. Shearer, Esq. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 c rn n, ; { p - C :.r- i> CT-' W ter ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT CIVIL ACTION - LAW DONEGAL MUTUAL INSURANCE N0. 1999-2599 CIVIL TERM COMPANY , ~ ~ ~'` ~ Defendants .~3 ~ ~;,.z ~ d ~~' ~ ~~ IN RE: PRETRIAL CONFERENCE --~c7 ORDER OF COURT "~~ ~"" ~"*~ ~~ ~ r ~# r'; AND NOW, this 29th day of August, 2012 ~, -~ pretrial conference was held this date in the jury deliberation~~` CATHY CRALL SMITH, Plaintiff v room of Courtroom Number 6. Representing the Plaintiff was W. Darren Powell, Esquire, and representing the Defendant was Dennis R. Shearer, Esquire. By agreement of the parties, the following Order of Court is entered: 1. All written discovery is to be served and responded to 60 days from today. 2. Any depositions need to be completed 90 days from today. 3. Plaintiff's expert reports are due 120 days from today. 4. Defendant's expert reports are due 150 days from today. 5. Dispositive motions are due on or before 150 days from today. 6. After the deadline for Defendant's expert reports and dispositive motions either party may list the matter for trial. By the Court, Thomas A. Placey C.P.J. ~/' W. Darren Powell, Esquire 305 North Front Street P.O. Box 99 Harrisburg, PA 17108-0999 For Plaintiff ~/ Dennis R. Shearer, Esquire 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 For Defendant mae ~ ~ C'S ~'j~~ C1 ~s~/~ /1~Q THtAS, THQiiiIAS 8 HAFER, LLP ~~ ` ~' `- ~.,,~0 T i~GNO TA~i.', Attorneys for Defendant W. Darren Powell, Esquire ~~ ~ ~ ~~~ _ ~ ~~ ~ I : Z ~ Donegal Mutual Insurance Identification Number: 68953 305 North Front Street ±~~M"~~~~~~Ql~p ~~bNi°! P.O. Box 999 i'Et~NSYLYANIA Harrisburg, PA 17108-0999 717/255-7639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CATHY CRALL SMITH, Plaintiff ~, NO. 99-2599 -CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Petitioner cert~es that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas altacMed thereto was mailed or delivered to each party at least twenty (20) days in advance of his Cert~cate; 2. No objection to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. Date: f ~ ~ 1 ~ ~ I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 ~. THOMAS, THOMAS & HAFER, LLP Attorneys for Defendant W. Darren Powell, Esquire Donegal Mutual Insurance Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717255-7154 IN THE COURT OF COMAAON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CATHY CRALL SMITH, Plaintiff ~. NO. 99-2599 -CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant S ~ POENA TOP OLI,UC„~DQ~l~Mt~NTS,QR TM GS FOR DISCOVERY PUR~llA1t~'T Td RULE ~C19.22 TO: Heritage Medical Group 845 Sir Thomas Court Suite 3, Harrisburg, PA 17109 (Name of Person or Entity) VNithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documers or things: Comte-'°±~ cvpv of~anv and all records reports carresovndence, nv#es, memorandaand diavnyst#c studies rectardny Cathy CraA-Smith from her first date of service to the preserrt; at: Thomas Thomas 8 Hafer LLP 305 N Front St. P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legib~ 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 ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: ~ d ~ ~ _ Seal of the Co rt I Prothonotary/Clerk, ivil Division Deputy w THOAOAS, THOMAS & HAFER, LLP Attorneys for Defendant W. Darren Powell, Esquire Donegal Mutual Insurance Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 -CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant S Pt) T P U T S FCC II1~COVERY PU UAl!r'I' TO 1~U~E 4.22 TO: West Shore Family Practice, 550 12"' Street. Lemoyne, PA 17043 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete ctapv of any and all records, reports, correspondence, notes, memoranda and diaanos#ic stt.~iies reaarding Cathy Crafl-Smith from her first date ofi service to the aresent; at: Thomas, Thomas 8~ Hafer, LLP, 305 N. Front St~P.O. Box 999, Hamsbura, PA_ 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by #his subpoena, together with the certific~e of oomptiance, 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 produang the ttrings sought. if you fait 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 ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: rD D tom" Seal of a urt y ~ ~e~~ Prothonotary/Clerk, Civil Division Deputy .., THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7154 Attorneys for Defendant Donegal Mutual Insurance !N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 - CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PFtUQt1G;;,~ !~}CtI~IE~tTS OR THINGS FC}R DISCOVERY PUR~,UANT Td i~ULE 4009.22 TO: PRISM. 4310 Londonderry Road, Suite 106, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:. Gom cosy of any and all records, reports, correspondence. notes, memoranda and diaanr~stic studies regarding Cathy Cral1-Smith from her first date of service to the Rresent; at: Thomas. Thomas & Hafer, LLP, 305_N. Front St.. P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fait 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 ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: {717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: ~d ~v Seal oft a Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy • TH©MAS, THOAAAS & HAFFR, LLP Attorneys for Defendant W. Darren Powell, Esquire Donegal Mutual Insurance Identification Number 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CATHY CRALL SMITH, Plain#iff v. NO. 99-2599 -CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SIJBPt,~A T,_G? RI~ODUC~ DUCI„~FNTS ~3R TI~NGS FOR tNSCOVERY PURSUANT TO RULE ~t1tl9.22 TO: Harrisburg Hospital 111 Front St Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: , _ _ _, at: Thomas Thomas 8 Hafer LLP 305 N Front St. P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell 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 e oust Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7154 Attorneys for Defendant Donegal Mutual insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 -CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant S NAT P CE S THI GS FC~t D~SCO'IiIEFJ~' PURSUANT 0 RUtE 40Q9.22 TO: McCuen & Associates Physical Therapy, 1790 Old Trail Road, Etters, PA 17319 (Name of Person or Entity) Wkhin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete coon of any and all records reports correspondence notes memoranda and diagnostic studies regarding Cathy Crall-Smith from her first date of service to the present; at: Thomas Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell 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 of the Court Prothonotary/Clerk, Civil Division Deputy CERTIf KATE Of SERVICE ~L AND NOW, this ~ day of November, 2012, I, Linda Malone, secretary of the law firm of Thomas, Thomas 8~ Hafer, LLP, hereby certify that I sent a true and correct copy of the fon~going Certificate Prerequisite by placing a copy of the same in the United States, certified mail, return receipt requested with postage prepaid, to the following: Dennis R. Sheaffer, Esquire Tucker, Arensberg 2 Lemoyne Dr., Suite 200 Lemoyne, PA 17043 ~ .mac--~-_- Linda Malone, Secraetary to W. Darren Powell, Esquire IN THE COURT OF COMMON PLEAS OF c 9 CUMBERLAND COUNTY, PENNSYLVANIA -f"� Rt ,gp� �QUNTY CIVIL DIVISION - LAW PENNS Y VAIA CATHY CRALL SMITH, Plaintiff V. NO. 99-2599—CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant (MOTION TO EXTEND CASE MANAGEMENT DEADLINES AND NOW, comes Defendant Donegal Mutual Insurance Company, by and through its counsel, W. Darren Powell, Esquire and Thomas, Thomas & Hafer, LLP, and requests this Honorable Court extend the case management deadlines, stating and averring as follows: 1. On August 29, 2012, this Honorable Court entered an Order setting forth deadlines for completion of discovery and depositions, along with deadlines for dispositive motions and submission of expert reports. 2. On December 21, 2012, this Honorable Court entered an Order extending said deadlines by sixty (60) days. 3. While counsel for both parties have been diligently collecting information to respond in full to the respective discovery requests, neither has been able to completely respond to the discovery requests to date. 4. Counsel is in the process of determining a mutually agreeable date to schedule depositions. 5. The parties are diligently working to complete discovery in this matter and will need additional time to complete the necessary discovery. Consequently, the parties request an extension of all deadlines. 6. Counsel for the parties have discussed this and are in agreement with this request. As such, counsel for the Plaintiff, Dennis R. Sheaffer, Esquire, concurs with this Motion. 7. The Honorable Judge Thomas A. Placey issued the Orders of August 29 and December 21, 2012. WHEREFORE, the Defendant respectfully requests this Honorable Court enter an Order extending the deadlines set forth in the Order of December 21, 2012. as set forth in the Proposed Order. Respectfully submitted, TH � , M S & H R, LLP Date: Z/3 By: . arren owell, Esq PA 68953 305 N. Front Street, PO Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attomey for Defendant a. CERTIFICATE OF SERVICE �L On this, the day of March, 2013, I, Linda Malone, secretary to W. Darren Powell, Esquire of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of Unopposed Motion of Defendant to Extend Case Management Deadlines was served upon the following by placing in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Dennis R. Sheaffer, Esquire Tucker, Arensberg 2 Lemoyne Dr., Suite 200 Lemoyne, PA 17043 Linda Malone, Secretary to W. Darren Powell, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW c� CATHY CRALL SMITH, Frt 71 r-Yi Plaintiff N V. NO. 99-2599— CIVIL TERW2C5 DONEGAL MUTUAL INSURANCE COMPANY, Defendant — ORDER AND NOW, this 2% day of upon consideration of the Unopposed Motion of Defendant to Extend Case Managerrjent Deadlines, concurred in by the Plaintiff, all the deadlines set forth in this Court's December 21, 2012 Order shall be extended. a. All written discovery is to be served and responded to by June 21, 2013. b. Any depositions need to be completed by July 22, 2013. C. Plaintiff's expert reports are due by August 21, 2013. d. Defendant's expert reports are due by September 23, 2013. e. Dispositive motions are due on or before September 23, 2013. f. After the deadline for Defendant's expert reports and dispositive motions, either party may list the matter for trial. BY TH COURT: J. Thomas A. Placey Common Pleas Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW c� CATHY CRALL SMITH, Frt 71 r-Yi Plaintiff N V. NO. 99-2599— CIVIL TERW2C5 DONEGAL MUTUAL INSURANCE COMPANY, Defendant — ORDER AND NOW, this 2% day of upon consideration of the Unopposed Motion of Defendant to Extend Case Managerrjent Deadlines, concurred in by the Plaintiff, all the deadlines set forth in this Court's December 21, 2012 Order shall be extended. a. All written discovery is to be served and responded to by June 21, 2013. b. Any depositions need to be completed by July 22, 2013. C. Plaintiff's expert reports are due by August 21, 2013. d. Defendant's expert reports are due by September 23, 2013. e. Dispositive motions are due on or before September 23, 2013. f. After the deadline for Defendant's expert reports and dispositive motions, either party may list the matter for trial. BY TH COURT: J. Thomas A. Placey Common Pleas Judge Distribution List: Dennis R. Sheaffer, Esquire W. Darren Powell, Esquire TUCKER ARENSBERG Thomas, Thomas & Hafer, LLP 2 Lemoyne Dr., Suite 200 305 N. Front Street Lemoyne, PA 17043 P. O. Box 999 Attorney for Plaintiff Harrisburg, PA 17108-0999 Attorney for Defendant �9fG t -OFF , i tki THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire 201I MAR 21 All 11 01 Identification Number: 68953 305 North Front Street CUMBERLAND COUNTY P.O. Box 999 PENNSYLVANIA Harrisburg, PA 17108 -0999 717/255 -7639 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99 -2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, 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, Petitioner certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. Dennis R. Sheaffer, Esquire has agreed to waive the 20 day requirement in order to serve the Subpoenas. See copy of correspondence to Attorney Sheaffer attached hereto as Exhibit A; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate as Exhibit B. Date: 3/ 9 Y MAS, - MAS & HAFER, LP W. Darren *o =" I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237 -7154 EXHIBIT "A" raii THOMAS, THOMAS & HAFERLLP Attorneys At Law Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Kate A. Wilhelm, Paralegal (717) 237 -7111 kwilhehn@tthlaw.com March 14, 2014 Dennis R. Sheaffer, Esquire TUCKER ARENSBERG 2 Lemoyne Dr., Suite 200 Lemoyne, PA 17043 Re: Cathy Crall -Smith v. Donegal Docket No.: 99 -2599 — Civil Term; Cumberland Co. TT &H File No. 236 -90913 Dear Attorney Sheaffer: This letter will confirm that you have agreed to waive the 20 days in order to serve the. Subpoenas to Watkins Nipple Associates, PRISM and Cumberland Physical Therapy. Thank you for your cooperation. Very truly yours, THOMAS, TJ-IDMAS & HAFER, LLP Kate%A. Wilhelm, Paralegal KAW 1467914.1 Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes -Barre Baltimore, MD Clinton, NJ www.tthlaw.com EXHIBIT "B" THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7154 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO, 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: Cumberland Physical Therapy, 503 Bridge Street, New Cumberland, PA 17070 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all records, reports, correspondence, notes, memoranda and diagnostic studies regarding Cathy Cra II-Smith from February 13, 2013 to the present; at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Th Seal he Court Pro hono ary/Clerk, Civil Division THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 -0999 717/255 -7154 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99 -2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM, 4310 Londonderry Road, Suite 106, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all records, reports, correspondence, notes, memoranda and diagnostic studies regarding Cathy Crall -Smith from December 8, 2011 to the present; at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: P.O. Box 999, Harrisburg, PA 17108 -0999 TELEPHONE: (717) 237 -7154 SUPREME COURT ID #: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: J .[ Sea of th- Court Prothonotary/Clerk, Civil Division THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 -0999 717/255 -7154 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99 -2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Watkins Nipple Associates, 845 Sir Thomas Court, Suite 3, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all records, reports, correspondence, notes, memoranda and diagnostic studies regarding Cathy CraII -Smith from December 15, 2012 to the present; at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: P.O. Box 999, Harrisburg, PA 17108 -0999 TELEPHONE: (717) 237 -7154 SUPREME COURT ID #: 68953 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Division CERTIFICATE OF SERVICE AND NOW, this D day of March, 2014, I, Linda Malone, secretary of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing Certificate Prerequisite by placing a copy of the same in the United States, certified mail, return receipt requested with postage prepaid, to the following: Dennis R. Sheaffer, Esquire Tucker, Arensberg 2 Lemoyne Dr., Suite 200 Lemoyne, PA 17043 da Malone, ecretary to W Darren Powell, Esquire r 'u THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire dl'Li APR 22 AN Identification Number: 68953 UMERI 305 North Front Street E#w'�Y 3�' ;- CtUN P.O. Box 999 L'/�h{ita Harrisburg, PA 17108 -0999 717/255 -7639 J Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99 -2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, 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, Petitioner certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto 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 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. Date: 5//6 /V I.D. Number: 68953 305 North Front Street; P.O. Box 999 Harrisburg, PA 17101 (717) 237 -7154 THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire Identification Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 -0999 717/255 -7154 Attorneys for Defendant Donegal Mutual Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99 -2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MMG Insurance Company, PO Box 729, Presque Isle, ME 04769 -0729 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any your entire claim file with regard to Claim No: 201000798302, Policy No: KA10967588, including, but not limited to, any and all medical records, reports, disability notes, independent medical examinations, PROs, correspondence, memoranda, estimates, photographs, statements, and any and all other documents contained in your file. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: P.O. Box 999, Harrisburg, PA 17108 -0999 TELEPHONE: (717) 237 -7154 SUPREME COURT ID #: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: 3/3/ l �jl Seal of t e Court Prothonotary /Clerk, Civil Division eputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99 -2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Allstate Insurance Company, 6345 Flank Dr., Ste 1000, Harrisburg, PA 17112 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any your entire claim file with regard to Claim No: 0170152276, including, but not limited to, any and all medical records, reports, disability notes, independent medical examinations, PROs, correspondence, memoranda, estimates, photographs, statements, and any and all other documents contained in your file. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: P.O. Box 999, Harrisburg, PA 17108 -0999 TELEPHONE: (717) 237 -7154 SUPREME COURT ID #: 68953 ATTORNEY FOR: Defendant DATE: 3/31 /'r BY THE COURT: Seal f th Court Prothonotary/Clerk, Civil Division CERTIFICATE OF SERVICE AND NOW, this /(v day of April, 2014, I, Linda Malone, secretary of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing Certificate Prerequisite by placing a copy of the same in the United States, certified mail, return receipt requested with postage prepaid, to the following: Dennis R. Sheaffer, Esquire Tucker, Arensberg 2 Lemoyne Dr., Suite 200 Lemoyne, PA 17043 Li da Malone, ecretary to W. Darren Powell, Esquire Johnson, Duffie, Stewart & Weidner By: W. Darren Powell, Esquire I.D. No. 68953 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdp@jdsw.com CATHY CRALL SMITH, Plaintiff v. DONEGAL MUTUAL INSURANCE : COMPANY, Defendant TO THE PROTONOTARY: follows: Date: Attorneys for Defendant Donegal Mutual Insurance Company IN THE COURT OF COMMON PLEAS OF 1/10~4 -COUNTY, PENNSYLVANIA Comb. NO. 99-2599 PRAECIPE CIVIL. ACTION — LAW -7-6:3 -� JURY TRIAL DEMAND" v maC.) • Please change the address and phone number for W. Darren Powell, Esquire, as W. Darren Powell, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Facsimile: (717) 761-3015 E -Mail: wdpidsw.com By: FIE, ST ART & WEI W. Duire Attorney I.D. No. 68953 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: wdp@idsw.com • CERTIFICATE OF SERVICE On this, the 27th day of May, 2014, 1, Kate A. Wilhelm, Paralegal to W. Darren Powell, Esquire of Johnson, Duffle, Stewart & Weidner, P.C., hereby certify that a true and correct copy of the Praecipe was served upon the following by placing in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Dennis R. Sheaffer, Esquire TUCKER ARENSBERG 2 Lemoyne Dr., Suite 200 Lemoyne, PA 17043 Kate A. Wilhelm, Paralegal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHY CRALL-SMITH, Plaintiff v. DONEGAL MUTUAL INSURANCE COMPANY, Defendant : JURY TRIAL DEMANDED CIVIL DIVISION - LAW NO. 99-2599- CIVIL TERM PLAINTIFF'S OBJECTIONS TO SUBPOENAS PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE NO. 4009.21 AND NOW comes Plaintiff, Cathy Crall-Smith, by and through her counsel, Dennis R. Sheaffer, Esquire and the law firm of Tucker Arensberg, P.C., and pursuant to PA R.C.P. No. 4009.21(c) hereby objects to the proposed subpoenas to Holy Spirit Hospital, Polyclinic Medical Center, PRISM, Smith Radiology, Heritage Diagnostic Center, Magnetic Imaging Center, Tristan Associates, and Harrisburg Hospital that is attached to these objections for the following reasons: Plaintiff objects to the extent that the records requested are privileged and not relevant to the subject matter of this litigation, nor calculated to lead to discovery of relevant evidence. Respectfully submitted, TUCKER ARENSBERG, P.C. By: Dated: December 4, 2014 Dennis Sheaer Attorney I.D. #39182 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. DONEGAL MUTUAL INSURANCE COMPANY, Defendant NO. 99-2599 — CIVIL TERM NOTICE OF INTENT TO SERVE SUBPOENAS 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 may be served. Date: November 2014 Respectfully submitted, JOHNSON, DUFFIE, ST A ' ' WEIDNER ip B arren Pow Attorney I.D. No. 68953 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith (DOB: 12/22/59) from her first date of service to the present; at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Polyclinic Medical Center, 2501 N. 3rd Street, Harrisburg, PA 17110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith (DOB: 12/22/59) from her first date of service to the present; at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM, 4310 Londonderry Road, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith (DOB: 12/22/59) from her first date of service to the present; at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Smith Radiology, 1515 Bridge Street, New Cumberland, PA 17070 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith (DOB: 12/22/59) from her first date of service to the present at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Heritage Diagnostic Center, 3 Walnut Street, Lemoyne, PA 17043 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith (DOB: 12/22/59) from her first date of service to the present; at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center, 4665 Trindle Road, Mechanicsburg, PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith (DOB: 12/22/59) from her first date of service to the present; at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates, 240 Grandview Avenue, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith (DOB: 12/22/59) from her first date of service to the present; at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHY CRALL SMITH, Plaintiff v. NO. 99-2599 — CIVIL TERM DONEGAL MUTUAL INSURANCE COMPANY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital, 111 Front St, Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all diagnostic studies regarding Cathy Crall-Smith from her first date of service to the present; at: JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell ADDRESS: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE On this, the .,,Z 4-Ciay of November, 2014, I, Kate A. Wilhelm, Paralegal to W. Darren Powell, Esquire of Johnson, Duffie, Stewart & Weidner, P.C., hereby certify that a true and correct copy of the foregoing document was served upon the following by placing in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dennis R. Sheaffer, Esquire TUCKER ARENSBERG 2 Lemoyne Dr., Suite 200 Lemoyne, PA 17043 Kate/A. Wilhelm, Paralegal CERTIFICATE OF SERVICE AND NOW, this 4th day of December, 2014, I, Maria B. LaRue, Paralegal, for the law firm of TUCKER ARENSBERG, P.C., hereby certify that a copy of the within document was served by placing it in the United States Mail, postage prepaid, addressed to the following: W. Darren Powell, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Maria B. LaRue, Paralegal HBGDB:147657-1 015485-019031