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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: Michael J. Kowalski, Esquire ATTORNEY FOR PLAINTIFF
- IDENTIFICATION NO. 73233
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE, PA 18701.1887
(570) 825.9401
PENNSYLVANIA PROPERTY AND IN THE COURT OF COMMON PLEAS
CASUALTY INSURANCE GUARANTY OF CUMBERLAND COUNTY
ASSOCIATION,
Plaintiff
VS. CIVIL ACTION-LAW
RALPH PRESTON MERCHANT, M.D.; JURY TRIAL DEMANDED
SHIPPENSBURG MEDICAL CLINIC,
LTD.; MAURA DANIELLE DIMEO,
a minor, by and through her Parent and
Natural Guardian, CATHERINE JEAN
SWINDLE, and CATHERINE JEAN
SWINDLE, Individually,
Defendants NO.
NOTICE
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 Action in
Declaratory Judgment 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
11660!.1
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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 Action for Declaratory Judgment 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
1-800-990-9108
or
COURT ADMINISTRATOR
Franklin County Court House
Chambersburg, PA 17201
(717) 261-3848
PENNSYLVANIA LAWYER REFERRAL SERVICE
P.O. Box 1086, 100 South St.
Harrisburg, PA 17108
(Pennsylvania residents phone:
1-800-692-7375; out-of-state
residents phone: 1-717-238-6715)
HOURIGAN, KLUGER & QVINN, P.C.
BY:
MICHAEL 1?KPWALSKI, ESQUIRE
Attorney for !Antiff
116609.1
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HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: Michael J. Kowalski, Esquire ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. 73233
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE, PA 18701.1867
(570) 825-9401
PENNSYLVANIA PROPERTY AND IN THE COURT OF COMMON PLEAS
CASUALTY INSURANCE GUARANTY OF CUMBERLAND COUNTY
ASSOCIATION,
Plaintiff
VS.
RALPH PRESTON MERCHANT, M.D.;
SHIPPENSBURG MEDICAL CLINIC,
LTD.; MAURA DANIELLE DIMEO,
a minor, by and through her Parent and
Natural Guardian, CATHERINE JEAN
SWINDLE, and CATHERINE JEAN
SWINDLE, Individually,
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
Defendants
NO. 49-9PiT<?
ACTION IN DECLARATORY JUDGMENT
AND NOW, comes the Plaintiff, Pennsylvania Property and Casualty Insurance Guaranty
Association ("PPCIGA"), by and through its counsel, HOURIGAN, KLUGER & QUINN, P.C.,
and hereby files this Declaratory Judgment Action alleging as follows:
311699. i
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1. The Plaintiff, Pennsylvania Property and Casualty Insurance Guaranty Association
("PPCIGA' ), is an association created by virtue of 40 Pa. C.S. §991.1801 for the purpose of
providing a means for the payment of covered claims under certain property and casualty
insurance policies, to avoid excessive delay in the payment of such claims and to avoid financial
loss to claimants or policyholders as a result of the insolvency of an insurer.
2. The Defendant, Ralph Preston Merchant, M.D., was at all times relevant hereto a
medical doctor duly licensed to practice medicine in the Commonwealth of Pennsylvania
currently residing at 9612 Possum Hollow Road, Shippensburg, Franklin County, Pennsylvania
17257.
3. The Defendant, Shippensburg Medical Clinic, Ltd., at all times relevant hereto,
was a Pennsylvania professional corporation with its principal office located at 411 South Fayette
Street, Shippensburg, Cumberland County, Pennsylvania 17257.
4. The Defendants, Maura Danielle Dimeo, a minor, and Catherine Jean Swindle,
her mother and natural guardian, currently reside at 38 West Washington Street, Mooresville,
Indiana 46158.
5. On or about October 28, 1992, the Defendants, Ralph Preston Merchant, M.D. and
Shippensburg Medical Clinic, Ltd., were insured by the Physicians Insurance Company( "p
IC)
against injury arising out of the rendering of or failure to render professional healthcare services
by its insured, under Policy No. 7148. A copy of the aforementioned insurance policy is attached
hereto, incorporated herein, and marked as Plaintiffs Exhibit "A".
6. On January 20, 1998, PIC filed a Petition for Liquidation by Consent.
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Pursuant to the Petition and the insurance laws of the Commonwealth of
Pennsylvania, an Order of Liquidation was entered by the Commonwealth Court, which Order is
dated January 21, 1998. A copy of the Commonwealth Court's Order of January 21, 1998 is
attached hereto, incorporated herein, and marked as Plaintiffs Exhibit "B".
8. As a result of PIC's liquidation, the Commonwealth Court ordered that a stay of
all actions and/or proceedings be entered for a period of ninety days becoming effective on
January 21, 1998.
9. Subsequently, PPCIGA assumed the handling of PIC's files with all of PIC's
rights, duties, and obligations.
14. On October 28, 1992, the Defendant, Maura Danielle Dimeo, was a student at the
Big Spring Middle School located in West Pennsboro Township, Cumberland County,
Pennsylvania.
11. On October 28, 1992, the Defendant, Ralph Preston Merchant, M.D., on behalf of
the Shippensburg Medical Clinic, Ltd., visited the Big Spring Middle School to provide school
physical examinations to students at said school.
12. On October 28, 1992, the Defendant, Maura Danielle Dimeo, presented herself to
the Defendant, Ralph Preston Merchant, M.D., for the purpose of undergoing a physical
examination on the premises of the Big Spring Middle School.
13. During the course of that examination, it is alleged that the Defendant, Ralph
Preston Merchant, M.D., closed the door to the room in which the examination was taking place,
)11699.1
placed his hands on the skin of Maura Danielle Dimeo's breasts, squeezing them, and placed his
hand into the vagina of Maura Danielle Dimeo wiggling his .fingers while inside of her. See
Complaint of Maura Danielle Dimeo, a minor, and Catherine Jean Swindle, her natural guardian,
and Catherine Jean Swindle, Individually, which is attached hereto, incorporated herein, and
marked as Exhibit "C".
14. As a result of Dr. Merchant's conduct, it is alleged that the Defendant, Maura
Danielle Dimeo, experienced emotional distress following the incident.
15. At the time of this incident, the Defendant, Maura Danielle Dimeo, was twelve
years of age.
16. On or about February 17, 1998, the Defendants, Maura Danielle Dimeo, a minor,
by and through her parent and natural guardian, Catherine Jean Swindle, and Catherine Jean
Swindle, Individually, instituted suit by the filing of a Writ of Summons in the Court of Common
Pleas of Cumberland County.
17. On or about January 7, 1999, the Defendants, Maura Danielle Dimeo and
Catherine Jean Swindle, filed a civil complaint against Ralph Preston Merchant, M.D. and
Shippensburg Medical Clinic, Ltd., in the Court of Common Pleas of Cumberland County at
No. 98-885, seeking damages for injuries alleged to have occurred as a result of the
aforementioned incident.
18. The Dimeo complaint alleges that Dr. Merchant was negligent in the following
respects:
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(a) Defendant (Merchant) invaded the privacy of Plaintiff
(Dimeo) without warning or cause by repeatedly touching
her breasts and her vagina;
(b) Defendant (Merchant) carelessly and without regard to the
welfare of the Plaintiff (Dimeo) placed his hands upon her
breasts and on her vagina when there was no medical
purpose for doing so.
(c) Defendant (Merchant) during the examination of the
Plaintiff (Dimeo), carelessly and without regard for the
emotional well-being, placed his hands under clothing and
undertook a prolonged examination of each of her breasts
and her vagina.
See %17(a)-(c) and 20(a) and (b) of the Dimeo Complaint attached hereto, incorporated herein,
and marked as Exhibit "C".
19. In addition to a negligent employment claim against Shippensburg Medical
Clinic, Ltd., it was also alleged in the Dimeo Complaint that the Defendant, Shippensburg
Medical Clinic, Ltd., was vicariously responsible for the actions of Defendant Merchant.
20. On or about July 28, 1998, after receiving a copy of the Dimeo Writ of Summons,
PPCIGA informed the Defendants, Dr. Merchant and Shippensburg Medical Clinic, Ltd., that,
based upon its investigation, in all likelihood the conduct giving rise to Plaintiffs Complaint was
outside the scope of PLC's policy of insurance. As such, PPCIGA informed Defendants, Dr.
Merchant and Shippensburg Medical Clinic, Ltd., that PPCIGA's retention of Porr and
Associates should in no way be considered as a waiver of any of PPCIGA's rights under the
policy, including the denial of indemnification and defense if wan-anted by the law and the facts
311699.1 5
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of the case". A copy of the aforementioned correspondence is attached hereto, incorporated
herein, and marked w Exhibit "D".
21. On September 14, 1998, Daniel L. Grill, Esquire, entered his appearance on behalf
of Defendants, Ralph P. Merchant, M.D. and Shippensburg Medical Clinic, Ltd, in the Dimeo
matter.
COUNTI
Pennsylvania Property and Casualty Insurance Guaranty Association, Plaintiff
VS.
Ralph Preston Merchant M.D.: Shippensbure Medical Clinic Ltd.: Mauro Danielle
Dimeo, a minor, by and throuEh her Parent and Natural Guardian,
Catherine Jean Swindle and Catherine Jean Swindle, Individually, Defendants
22. The Plaintiff hereby incorporates by reference Paragraphs 1 through 21, inclusive,
of this Complaint as fully as though the same were herein set forth at length.
23. The policy of insurance at issue provided by PIC to Defendants, Dr. Merchant and
Shippensburg Medical Clinic, Ltd., does not provide coverage for the allegations set forth in the
Dimeo Complaint, in that, Defendants' occurrence coverage is only applicable to:
Coverage A - Individual Professional Liability
Iniurry arising out of the rendering of or failure to render
professional health care services by the individual insured,
or by any person for whose acts or omissions the insured is
legally responsible and performed in the practice of the
insured's profession described in the declarations page ....
Coverage B - Association, Corporation or Partnership Liability
Iniua arising out of the rendering of or failure to render
professional health care services by a person for whose acts
j
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d
or omissions the insured association, corporation or
partnership is legally responsible.
24. "Occurrence", as defined in the definitions section of the aforesaid policy means
an accident or event, including continuous or repeated exposure to injurious conditions, that
result in injury or property damage neither expected nor intended from the standpoint of the
insured.
25. Furthermore, the Exclusion section of the aforesaid policy provides that:
This policy does not cover:
(b) payment of damages in any claim for damages if such
damages are the consequence of the performance of a
criminal act.
See, PIC policy of insurance No. 7148, attached hereto incorporated herein, and marked as
Exhibit "A" (emphasis added).
26. Dr. Merchant's professional liability policy with PIC, No. 7148, covers all
"occurrences", for which it has proper notice of, within the applicable policy period as that term
is defined by the policy. Subject to the terns, conditions and exclusions contained within the
policy, PIC is obligated to pay on behalf of the insured the amounts, up to the limits of liability
set forth in the policy, for which the insured shall become legally obligated to pay as damages
arising out of an occunrence resulting in injury to any person that takes place during policy
period, because of injury arising out of the rendering of or failure to render professional health
311699,1
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care services by the individual insured, or by any person for whose acts or omissions the insured
is legally responsible and performed in the practice of the insured's profession as described in the
declarations page. "Occurrence" is further defined by the policy as an injury, that is "neither
expected nor intended from the standpoint of the insured". The subject matter of the Dimeo
Complaint, which is criminal in nature, cannot, in any way, be interpreted as the rendering of or
failure to render professional health care services as those terms have been interpreted by the
Pennsylvania Supreme Court nor can the injuries sustained by Defendant Dimeo be unexpected
or unintended as defined under that policy,
27. Shippensburg Medical Clinic, Ltd.'s professional liability policy with PIC,
No. 7148, covers all "occurrences", for which it has proper notice of, within the applicable policy
period as that term is defined by the policy. Subject to the terms, conditions and exclusions
contained within the policy, PIC is obligated to pay on behalf of the insured the amounts, up to
the limits of liability set forth in the policy, for which the insured shall become legally obligated
Y:
to pay as damages arising out of an occurrence resulting in injury to any person that takes place
during policy period, because of injury arising out of the rendering of or failure to render
professional health care services by the individual insured, or by any person for whose acts or
omissions the insured is legally responsible and performed in the practice of the insured's
profession as described in the declarations page. "Occurrence" is further defined by the policy as;"
an injury that is "neither expected nor intended from the standpoint of the insured". The subject
matter of the Dimeo Complaint, which is criminal in nature cannot, in any way, be interpreted is 311699.1 8
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the rendering of or failure to render professional health care services as those terns have been
interpreted by the Pennsylvania Supreme Court nor can the injuries sustained by Defendant
Dimeo be unexpected or unintended as defined under that policy.
28. Moreover, exclusion B to Dr. Merchant and Shippensburg Medical Clinic, Ltd.'s
policy of insurance excludes any claim for damages that are the consequences of the performance
of a criminal act. As described in the Dimeo Complaint, Dr. Merchant's actions are criminal in
nature, and, as such, the PIC policy of insurance, at issue in this case, does not provide coverage
for such conduct.
WHEREFORE, the Plaintiff, Pennsylvania Property and Casualty Insurance Guaranty
Association, respectfully requests that this Honorable Court enter an Order:
(a) declaring that Defendants, Ralph Preston Merchant, M.D.
and Shippensburg Medical Clinic, Ltd., may maintain no
claim for indemnification for liability under the policy of
insurance issued by Physicians Insurance Company for the
aforesaid Defendants;
(b) declaring that the Plaintiff is not liable at law or in equity
for damages allegedly sustained by Maura Danielle Dimeo,
a minor, and Catherine Jean Swindle, her natural guardian,
and Catherine Jean Swindle, individually, for Dr. Merchant
and/or Shippensburg Medical Clinic, Ltd.'s alleged conduct
as described herein;
(c) that Plaintiff not be required to provide a defense to Ralph
Preston Merchant, M.D. or Shippensburg Medical Clinic,
Ltd., in the Dimeo suit against the aforesaid Defendants.
However, Plaintiff does recognize its duty to provide a
defense to Shippensburg Medical Clinic, Ltd., relative to
the negligent employment count of the Dimeo Complaint.
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(d) that Plaintiff be protected from any subsequent action,
arising out of the same aforementioned set of facts and
circumstances, seeking to garnish or otherwise attempt to
obtain Dr. Merchant and/or Shippensburg Medical Clinic,
Ltd.'s coverage under their policy of insurance, No. 7148;
(e) awarding counsel fees, interest and costs to the Plaintiff;
and
(f) directing such other and further relief as may be just and
appropriate.
Respectfully submitted,
HOURIGAN, KLUGER & QLJINN, P.C.
BY:
MICHAEL JXQWALSKI, ESQUIRE
311699.1 10
YERIFI ATION
I, STEPHEN PERRONE, do hereby certify that the statements contained in the foregoing
Action in Declaratory Judgment are true and correct and are made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
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315178.1
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Exhibit A
s
PHYSICIANS INSURANCE COMPANY
OCCURRENCE POLICY
In consideration of the payment of the premium, in reliance upon the statements in the Declarations Page made a part
hereof and subject to all the terms of this policy, Physicians Insurance Company ('the Company') agrees with the Insured as _i
follows:
INSURING AGREEMENT: OCCURRENCE COVERAGE
Subject to the teens, conditions and exclusions contained heroin the Company will pay on behalf of the Insured the
amounts, up to the Limits of liability set forth in this policy for which the Insured shall become legally obligated to pay as damages
arising out of an Occurrence resulting in Injury to any person that takes place during the policy period, because of
Coverage A - Individual Professional Liability:
Injury arising,out of the rendering of or failure to reader professional health care services by the individual Insured, or
by any person for wliose acts or omissions the Insured is legally responsible and performed in the practice of the Insurers
profession described in the Declarations Page. Coverage A does not cover liability which may arise solely as a result of the
Insured's being a member, stockholder or partner of an association, corporation or partnership.
Coverage B - Association, Corporation or Partnership Linhility.
Injury arising out of the rendering of or failure to render professional health rare services by a person for whose acts
or omissions the Insured association, corporation or partnership is legally responsible.
COMPANY'S DUTY TO DEFEND
Upoa receipt of notice of a claim, the Company shall provide the Insured with a defense of such claim. Such defense
shall be maintained until final judgement in favor of the Insured shall have been obtained or until af1 remedies by appeal, writ
of error or other legal proceedings deemed reasonable and appropriate by the Company, at its sole and exclusive discretion, shall
have been exhausted. Such a defense shall be provided at the Company's expense and without limit as to the amount expended.
However, the Company shall not be obligated to defend any claim after the applicable limit of coverage has been exhausted by
payment of judgments or settlements on behalf of the Insured or after the duty to defend the Insured must by law be assumed
by another entity. The Companys obligation to make any payments under this policy or to pay any expenses of a legal defense
of the Insured it expressly conditioned upon exclusive control of such legal defense being exercised by legal counsel designated
by the Company.
The Company shall furnish a bond, not to exceed the stated amount per claim made, required to appeal a judgement
hereunder, but shall not be liable for more than a pro rata share of interest payments on appealed judgmeam
CONSENT TO SETTLE
The Company shall not compromise any claim hereunder without the consent of the Insured unless the Insured is not
reasonably available to the Company for the purpose of obtaining consent. If the Company requests the Insuress consent and
the Insured refuses to consent to any settlement mutually agreed upon by the Company and the plaintiff, and recommended by
the Company, and the insured elects to contest or continue any legal proceedings, the Liability of the Company shall not exceed
the amount for which the claim could have been settled plus the costs and expenses incurred up to the date of the Insured's refusal
to settle.
EXCLUSION
This policy does not cover.
(a) any liabilitygrowing out of the ownership, operation or supervision by the Insured or any employee of the Insured
of (I) any hospital, sanitarium, clinic with bed and board facilities or (2) any activity or enterprise, whether or
not related to patient care and/or treatment, if such activity or enterprise, is not involved in the delivery of health
care services to patients on an individual basis and within a direct professional provider-patient relationship. This
exclusion pertains to but shall not be limited to publication of bcoks or other written materials for general public
consumption or participation in media broadcasts to the general public,
(b) payment of damages in any claim for damages if such damages are in consequence of the performance
of a criminal act; nR
(c) except where Coverage B it elected and the premium therefor is paid, any liability of any association, corporation
or partnership of which the Insured is an owner or shareholder or of which the Insured has any financial interest;
(d) any obligation for which the Insured is held liable under any workmen's compensation, unemployment
compensation, disability benefits law, or similar law;
(e) any contractual liability of the Insured;
(f) under the Coverages A and B, liability for injury to any employee of the Insured arising out of or in the course
of his or her employment by the Insured;
(g) liability for punitive damages or any sum awarded in excess of compensatory damages;
(h) involvement of the Insured in any disciplinary, peer review, or other proceedings to investigate professional
conduct of the Insured, including but not limited to proceedings before a state licensure board, medical
society, hospital peer review committee or peer review organization established as part of a federal, state or
private health care expense reimbursement program;
(i) liability for any fines and penalties assessed by the Internal Revenue Service.
PERSONSINSURED
Each of the following is insured under this polity to the extent set forth below:
(a) the Named Insured;
(b) Under Coverage B, any Physician shown on the Declarations Page or on an attached schedule of Physicians who
is an employee of the named Insured or is under contract with the named Insured to perform medical
professional services for the named Insured for whom coverage is afforded under this policy, while such
Physician is acting within the scope of his contract with the named Insured, or wbiie such person is rendering
emergency rare at the sage of any emergency; the insurance afforded under this paragraph shall be excess over
any other valid and collectible insurance.
DEFINITIONS
objurf means bodily injury, sickness or disease sustained by any person including death at any time resulting therefrom.
'Named Insured' means the person or organization named in Item I of the Declarations Page of this policy.
'Oecturena' means an accident or event, including continuous or repeated exposure to injurious conditions, that result in Injury
or Property Damage neither expected nor intended from the standpoint of the Insured.
Physician' means any individual who is licensed by the Commonwealth of Pennsylvania to provide professional services as a
physician, osteopathic physician, surgeon, or podiatrist and or whom basic coverage insurance is required by Pennsylvania law.
'Property Damage' means physical injury to or destruction of tangible property whirr occurs during the policy period, including
the loss of use thereof at any time resulting therefrom.
LIMITS OF LIABILITY
The Company's total limit of liability for all damages due to any one occurrence covered by this Agreement shall be
S200,000. The total limit of the Company's liability for all Occurrences under this Agreement and renewals thereof is 5600,000
for each twelve-mooth period commencing on the effective date of this Agreement of any anniversary thereof. For the purpose
of determining the Companys Gabibry, Elie following shall be considered as arising from one Occurrence:
(a) all Injuries, neither expected nor intended from the standpoint of the Insured, resulting from a series of acts or
omissions in rendering professional service to one persoo; and
(b) all Injuries, neither expected nor intended from the standpoint of the Insured, arising out of continuous or
repeated exposure to substantially the same general conditions;
FOPM OCC-I
The 'each Occurrence' and *aggregate' limits of liability stated in the Declarations Page of this Policy are deemed to apply
as one to both Coverages A and B, and they do not apply separately for each coverage; provided, however, that the limits of
liability under Coverage A shall apply separately to each individual Named Insured thereunder.
PREMIUM
All premiums for this policy shall be computed in accordance with the Company's rules, rates, rating plans, premiums
and minimum premiums applicable to the insurance afforded hereut. Insureds will be provided with notice of the Companys
intent to increase thew annual renewal premiums at least 60 days prior to policy renewal. A written nwice indicating t.4.- caw.::1
increase in annual renewal premiums will be provided at least 30 days prior to renewal.
INSPECTION AND AUDIT
The Company shall be permitted but not obligated to inspect the aimed Insureds property and operations at any time.
Neither the Companys right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking
on behalf of or for the benefit of the named Insured or others, to determine or warrant that such property or operations are safe
or healthful, or are in compliance with any law, rule or regulation.
OTHERINSURANCE
This insurance afforded under Coverage A of this Policy is primary insurance. When the Insured has other insurance
which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this
policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the
loss on a primary basis, the Company shall not be liable under this policy for a greater proportion of such loss than the applicable
limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance
against such loss.
The insurance afforded under Coverage B of this policy is excess over any other valid and collectible insurance and over
any coverage provided by the Pennsylvania Medical Catastrophe Lass Fund, including but not limited to limits of liability afforded
under Coverage A of this policy. When both this insurance and other insurance apply to the loss on an excess basis, the Company
shall not be liable under Coverage B of this policy for a greater proportion of such loss than the applicable limit of liability for
such loss under Coverage B of this policy bears to the total applicable limit of liability of all valid and collectible insurance against
such loss.
ASSIGNMENT
The interest hereunder of the Insured is not assignable. If the Insured shall die or be adjudged incompetent, then this
Agreement shall thereupon terminate, but shall cover the Insureds legal representative as the Insured with respect to liability
previously incurred and covered by this Agreement.
CANCEEJAI70N
L POLICIES IN EFFECT FOR LESS THAN 60 DAYS
This policy may be cancelled by the Company by mailing or delivering to the Insured written notice of cancellation at
least 30 days prior to the effective date of cancellation
2 POLICIES IN EFFECT FOR 60 DAYS OR MORE
If this policy is in effect for 60 days or more or if this policy is a renewal of a policy previously issued by the Company;
it may be cancelled only for one or more of the following reasons:
a. The Insured has failed to pay a premium when due, whether the premium is payable to the Company or its
agents or to a third parry under a premium finance plan or extension of credit. Notice of cancellation will be
mailed at least 15 days prior to the effective date of cancellation.
b. The Insured's license to practice medicine in Pennsylvania has been suspended or revoked.
The notice of cancellation will state the specific reasons of cancellation. If the Company cancels for a reason other than
nonpayment of premium, the unearned premium will be returned to the Insured within 10 business days after the effective date
of cancellation. Premiums will be returned with the notice of cancellation when the Company canals for nonpayment of
premium., If the Insured canceLs, the unearned premium will be returned within 30 days after written notice for request of
cancellation by the Insured it received by the company.
3. NONRENEWAL OF POLICY
If the company elects not to renew this policy, the Company will mail or deliver written notice of cancellation, stating
the specific reasons for nonrenewal, to the Insured at least 60 days prior to the expiration date of this policy.
SUBROGA77ON
In the event of any payment under this Agreement, the Company shall be subrogated to all the Insureds rights of
recovery therefor against any person or organization. The Insured shall create and deliver instruments and papers and do
whatever else is necessary to secure such-rights. The insured shall do nothing after loss to prejudice such rights.
DUTIES OF INSURED
L Upon the Insured becoming aware of any Occurrence to which this Agreement may apply, the Insured must give
immediate written notice to the Company setting forth particulars sufficient to identify the Insured; the time, place and
circumstances of the Occurrence; and the name and address of the party or parties who may have sustained Injury or Property
Damage. On request, the Insured must also supply to the Company the names and addresses of available witnesses known to
the Insured.
2 • If a claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company every
demand, notice, summons or other process received
3. The Insured stall provide full and direct cooperation with the Company and, upon regwst of the Company, or
representatives or counsel designated by the Company shall assist in securing and giving evidence ' ;a the obtaining of the
attendance of witnesses in connection with defense of aoy claim under this policy. The Insured will elso assist in malting
settlement and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the
Insured because of Injury for which insurance is afforded under this Agreement. The Insured shall not voluntarily make any
payment, assume any obligation or incur any expense without the written concurrence of the Company.
4. The Insured shall be and remain authorized to practice his or her profession under the laws of the Commonwealth of
Pennsylvania during the term of this Agreement.
COOPERATION WITH STATUTORY AND REGULATORY REQUIREMENTS
As a condition of this Agreement, the Insured agrees to comply with all statutory and regulatory requirements concerning
members of his or her profession including active participation in any risk management or similar program as may be required
under statute or under regulation lawfully adopted by an agency of the Commonwealth of Pennsylvania
DECLARA77ONS
By acceptance of this Agreement the Insured agrees that the statements in the Declarations Page are his agreements and
representations, that this Agreement is issued in reliance upon the truth of such representation and that this Agreement embodies
all Agreements existing between himself and the Company or any of its agents relating to this insurance.
CHANGES
Notice to any agent or kuiowledge possessed by any agent or by any other person shall not effect a waiver or a change
any part of this Agreement or estop the Company from asserting any right under the terms of this Agreement, nor shall the
terms of this Agreement be waived or changed, except by written endorsement issued to form a part of this policy.
Physicians Insurance Company
By. lh.?---
Carmen J. Cocca,
President
FORM OrC-1
Exhibit B
IOZZB ON YH/YZI MOT fIII.L QB/ZZ/TO
iN'IM COMMONWEALTH COURT OF PENNSYLVANIA
M. Diane Koken. Insurance Commissioner
of the Commonwealth of Pennsylvania
Pbdntiff
V.
PIC Insurance Group, inc. ,
Defendant Docket No.y4 ?O 1998
ORDER OF LIQUIDATION
Plaintiff, the kmmnce Commissioner of the Commonwealth of Pennsylvania,
having filed a Petition for Review (In the Nature of a Petition For Liquidation) ("Petition') in
accordance with the insurance Department Act of 1921. Act of May 17,1921. P.L. 789, AA tom.
40 P.S. §6221.1-221.63, the Court hereby fords that it is in the best interest of Dcfendsnt, its
policyholders and creditors, and of the public, that Defcadent be placed into Liquidation in
accordance with the provialons of Article V of the Insurance Deparen at Act, a= and that
sufficient grounds exist for tin easy of an Order of Liquidation including, without limitation, the
fact that Defeadant is insolvent and thu on January IS. 1998. DcfcM=t consented to the entry of
an Order of Liquidation.
NOW. THEREFORE, it is ordered, adjudged and dacaecd:
1. The Petition of the Insurance Commissioner of the Commonwealth of.
"S'.
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brokerage houses or other persons or companies having done business with Defendant or having in
their possession assets which are or were the property of Defendant.
S. All agents, brokers of Other Pat"Orrs having sold policies of insurance and/or
collected premiums on behalf of the Defendant shall account for and pay all premiums and
commissions unearned due to policies canc4od by this Order, or in the twratal course of business,
owed to Defendant directly to the Liquidator within 30 days of demand by the Liquidator or appear
before this Court to show good cause, if any they may have, as to why they should not be required
to account to the Liquidator or be held in contempt of Court for violation of the provisions of this
Order. No agent, broker. or other person shall use pretnitun moneys owed to Defendant for refund
of unearned premium or any purpose other than payment to the Liquidator. The Liquidator shall
serve this Order on all agents, brokers or othem in accord=re with 40 P.S. §221.24 which shall
constitute notice of its injunctive proviaioas.
6. All attomeys eaaployod or remind by Defendant as of this date shadL within
thirty (30) days notice of this Order, report to the Liquidator an the name, coaapany claim number
and status of each file they ate handling on behalf of the Defendant, Said report shall also include
an accounting of any funds received from or on behalf of the Defendant.
7. Any premium fioancc company which has catered into a conb ct to finance
for a policy which has been issued by the Defrodant shat pay the premium owed to the Defendant
directly to the Liquidator.
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g' Upon Mq+eSt by the Liquidator, any comP3nY providing telephone services
to the Defendant shall provide a reference of taus from the number Presently assigned to the
Defendant to any such number designed by the Liquidator or perform any other changes necessary
to the conduct of the receivership.
9. Any Ity urnishing water, electric, sewage, garbage or trash removal
services to the Defendant shall maintain such service and transfer any such accounts to the
Liquidator as of the dire of this Order unless instructed to the contrary by the Liquidator.
contrary by the Liquidator.
10. Any data Processing service which has custody or control of any data
Processing information and r=ards including but not limited to source documents, data processing
cards, input WPM all types of storage inforraatien, master tapes or any other recorded information
relating to Defendant, shall transfer custody and control of such records to the Liquidator and
continue to provide oeoeacary data prooessing services to the Liquidator unless instructed to the
11. The United States Postal Service is requested to provide my information
sought regarding Defendant and to handle fuuue deliveries of pICs mail as directed by the
Liquidator.
12. The Defcndant, its directors, otFiocrs, trust, employees, attorneys.
brokers, agears. polieyboldas, creditors, and any and all other persons are enjoined from: (1) the
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transaction of further business, (2) the transfer of property, (3) any interference with Plaintiff in
liquidating the Defendants business and affairs, (4) any waste of the Defendants assets or property,
(5) the dissipation and transfer of bank accounts and negotiable instruments, (6) the institution or
further, prosecution of any actions in law or equity. (7) the obtaitting of preferences, judgments,
attachments. garnishments, or liens against the Defendant and its anets
• property and policyholders,
(g) the levy of execution Pmcess against Defendant and its assets, property. and policyholders, (9)
the negotiation or execution of any agreement of sale or deed conveying personal or real property
for nonpayment of taxes or assessments or for any other purpose, (10) withholding from Plaintiff or
removing, conocaliag, or destroying books, accounts, documents, or other records relating to
Defendant's business, and (11) the taking of any other action which might lessen the value of
Defendant's assets or PropettY, prejudice the rights and interests ofpolicyholdets and creditors, or
interfere in the administration of the proceeding.
13. Defendant, its officers. &Mcoprst, trrstecs. employees. consultants,
contractors, agents and attorneys ate bceby ordered and enjoined to surrender peacefully the
premiss where Defend= eondum its business, and to deliver all keys thereto, and to any safe
deposit boxes, and to advise the Liquidator, her agents and attorneys, of the combinations of any safe
or safekoeping devices of Defendant of any password or authorization code or access code required
for access m data prooe ssing equipment.
14. Defendant, its OfEcc s, dk,,ton, tna
°pa. cmP1oYves. corssrdtsnts,
eoatacten. agents and attorneys are hereby onieed and enjoined to deliver peacefully and su rreadea.
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to the Plaintiff, her agents and attomeys, all and singular, all of the assets, books, records, files,
credit cards, or other property of the Defendant in its possession or control and to otherwise advise
and cooperate with the Plaintiff in identifying and locating any of the' Defendant's assets.
15. The rights and liabilities of Defendant and of its creditors, policyholdets,
trustees, shareholders, members and all other persons interested in this estate arc determined in
accordance with Article V of the Insurance Department Act of 1921, Act of May 19, 1921, P.L. 799,
6S amended. 40 P.S. §§221.1-221.63, as of the date of the filing of this Order of Liquidation.
16. Except for contracts of insurance or reinsurance, all executory contracts to
which Defendant was a party are hereby canceled and will stand canceled wiles specifically adopted
by the Liquidator within thirty (30) days of the date of this Order. Any cancellation under this
provision shall not be treated as an anticipatory breach of such contracts.
NOTICE AND PROCEDURE FOR F1LLAIG CLAIMS
U. The Liquidator shall give notice by first-class mail to all persons
(including but not limited to individuals, aggregations of individuals, pattaerships, corporations,
associations, estates, trusts, and governmental waits, to include all other entities not named),
which may have claims against Defendant contingent or othervriae, as revealed by its books and
records, and shall advise such persons to present and file with the Liquidator. proper proofs of
claim, in the form hereafter set forth. Said notice by the Liquidator to claimants shall specify
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that one year from the liquidation otdees date at 5:00 PM EST to be the last day for the filing of
such proofs of claim with the Liquidator at the offices designed in such notice.
1 B. The Liquidator shall notify all other persons who have, or may have a
claim or claims against Defendant, by causing a notice to be published in a newspaper of general
circulation where the Defendant has its principal place of business, such notice shall: (a) specify
the last day for the filing of eWms; (b) shall advise all persons of the procedure by which all
such persons may present their claims to the Liquidator; (c) shall advise all such persons of the
Liquidatoes office wherein they may present their claim; and (d) shall advise all such persons of
their right to present their claim or claims to the Liquidator.
19. Any and all persons, firms, corporations otherwise having or claiming
to have any accounts, debts, claims or demands against Defendant. contingent or otherwise, or
claiming any right, tide or intes= in any funds or property in the possession of the Liquidaror
be, and they hereby are, ordered and required to file widr the Liquidator at her offioea designated
in the above-described notice, or on or before 5.00 Plrf EST one year from the liquidation order's
date a Properly completed proof of claim, subject to the late filing provisions of she Insuranoc
Department Act, AUD®, 40 P.S. §221.37, or be thersal batted as claimants against any assets in
the bands of the Liquidator.
20. No person having or claiming to have any claim or eleirn against
Defendant shall participate in any distribution of the assets of Defendant unless such claims are
-7-
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filed or presented-ini accordance with and within the time limits established by this Order, subject
to the provisions for the law filing of claims contained in the Insurance Department Act, m=
40 P.S. §221.37.
21. No action at law or equity shall be brought against the Defendant or
Liquidator. whether in this Commonwealth or elsewhere, nor shall any such existing action be
maintained or further presented aHer issuance of this Order. All actions currently pending
against the Defendant in the rotas of the Commonwealth of Pennsylvania or elsewhere are
hereby stayed. All actions against the Defendant or Liquidator shall be submitted and considered
as claims in this liquidation proceeding.
22. All actions or proceedings pending in the courts of this Commonwealth
or elsewhere in which the Defendant is obligated to defend a party are hereby stayed for a period
of ninety (90) days under Section 1819 of The Pennsylvania Property and Casualty Insurance
Guaranty Association Act. Article XVM of the Iosu nnoc Company Law, added 19%. Dec 12,
P.L. 1005. No. 137 (40 P.S. §991.1819).
i
23. No judgmeat or order against an insured or the insurer entered after the
date of filing of the Petition for Liquidation, and no judgment or order against an insured or
Defendert entered at any time by dcEWt or by collusion need be eonsidaed as evidence of
liability or quartatm ordamages, by the Liquidator.
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24. IYo action orp,,"ng•in the nature of an areadun,? 8?nishmet?t, or
e+oeartion Shall be eommenc? or mrintainad in
De& this Commonwealth or dsewhert a$ainR the
L4uid., or their assets
u• MY action in which the Dofendant is obi
on trial beta (Sated to ddferwl a party. which is
n: aJu+Y as of the date of Ihts ardor, shall be allowed to proceed to the issuance of a
verdict Following the issuance of said verdlcr all further procoodings arc stayed.
• P.J.
DATED: January 21. 1998
C'MFIED FROM THE RECORD
AND ORDER E) fT
JAN21I
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Exhibit C
MAURA DANIELLE DIMEO, : IN THE COURT OF COMMON PLEAS OF
a Minor, and CATHERINE : CUMBERLAND COUNTY, PENNSYLVANIA
JEAN SWINDLE, Her Natural
Guardian, and CATHERINE :98-885
JEAN SWINDLE, Individually,
PLAINTIFFS : CIVIL ACTION - LAW
V.
RALPH PRESTON MERCHANT, M.D. : JURY TRIAL DEMANDED
and SHIPPENSBURG MEDICAL
CLINIC, LTD.,
DEFENDANTS
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order 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 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, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
America:ts with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing
TRUE COPY FROM RECORD
In Testimony whwwf, I here ure 9d my hand
and the sp$ of said Cou at WWII, AL
Th' '7 ay - 1 E
V
MAURA DANIELLE DIMEO, : IN THE COURT OF COMMON PLEAS OF
a Minor, and CATHERINE : CUMBERLAND COUNTY, PENNSYLVANIA
JEAN SWINDLE, Her Natural
Guardian, and CATHERINE : 98-885
JEAN SWINDLE, Individually,
PLAINTIFFS : CIVIL ACTION - LAW
V.
RALPH PRESTON MERCHANT, M.D. : JURY TRIAL DEMANDED
and SHIPPENSBURG MEDICAL
CLINIC, LTD.,
DEFENDANTS
COMPLAINT
AND NOW, this 7th day of January 1999, come the plaintiffs, Maura Danielle DiMeo, a
minor, and Catherine Jean Swindle, her natural guardian, and Catherine Jean Swindle,
individually, by their attorneys, IRWIN, McKNIGHT & HUGHES, and make the following
Complaint against the defendants as follows:
The plaintiffs are Maura Danielle DiMeo, a minor, and Catherine Jean Swindle, her
mother and natural guardian, who reside at 38 West Washington Street, Mooresville, Indiana
46158.
2.
The defendants are Ralph Preston Merchant, M.D. and Shippensburg Medical Clinic,
LTD. The defendant, Ralph Preston Merchant, M.D., is an adult individual who resides at 9612
Possum Hollow Road, Shippensburg, Franklin County, Pennsylvania 17257. Shippensburg
Medical Clinic, LTD. is a Pennsylvania Professional Corporation with its primary office located
at 411 South Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257.
3.
On October 28, 1992, the plaintiff, Maura Danielle DiMeo, was a student at the Big
Spring Middle School located in West Pennsboro Township, Cumberland County, Pennsylvania.
4.
On October 28, 1992, the defendant, Ralph Preston Merchant, M.D., on behalf of the
Shippensburg Medical Clinic, LTD., visited the Big Spring Middle School to provide school
physical examinations to students at said school.
5.
At the time of her physical examination on October 28, 1992, plaintiff, Maura Danielle
DiMeo, was seeking a school physical examination for involvement in extra-curricular school
activities.
6.
On October 28, 1992, plaintiff, Maura Danielle DiMeo, presented herself to the
defendant, Ralph Merchant, M.D., for a school physical examination at the Big Spring Middle
School.
7.
During the course of his examination, the defendant, Ralph Merchant, M.D., closed the
door to the room in which the examination was taking-place.
2
8.
During the examination, while she was lying on an examination table, Ralph Merchant,
M.D. placed his hand on the skin of one breast at a time and squeezed them. He also placed both
hands on the skin on her breasts and squeezed them. He also placed his hand into the vaginal
area. He proceeded to wiggle his fingers while they were in her vagina.
9.
The actions of the defendant, Ralph Merchant, M.D., caused the immediate distress of the
plaintiff, Maura Danielle DiMeo. She ran from the examination room.
10.
Since October 28, 1992, the plaintiff, Maura Danielle DiMeo, has had great emotional
difficulty with men in general and any man placed in a position of authority over her.
Since October 28, 1992, the plaintiff, Maura Danielle DiMeo, has experienced emotional
difficulty in school, nightmares, trouble with sleeping, and has had trouble experiencing any
close relationship with another person.
12.
Since October 28, 1992, the plaintiff, Maura Danielle DiMeo, has experienced severe fear
of any medical examinations even those required by a school. This places her health at great
risk.
3
13.
The plaintiff, Maura Danielle DiMeo, has experienced intense emotional distress which
has required counseling.
14.
The plaintiff, Maura Danielle DiMeo, has also experienced great embarrassment and
mental anguish directly related to the actions of the defendants.
15.
The plaintiff, Maura Danielle DiMeo, has experienced the cost of counseling and
medications required to relieve her emotional distress caused by the actions of the defendants.
These expenses will continue into the future.
I: MAURA DANIELLE DIMEO, A
JEAN
V.
RALPH PRESTON MERCHANT M.D.
16.
Paragraphs one (1) through fifteen (15) of the Complaint are herein incorporated by
reference and are made a part of this Count.
4
17.
The actions of defendant, Ralph Merchant, M.D., on October 28, 1992, during the
examination of plaintiff, Maura Danielle DiMeo, constituted negligence as follows:
a. Defendant invaded the privacy of plaintiff without warning or cause by
repeatedly touching her breasts and her vagina;
b. Defendant carelessly and without regard to the welfare of the plaintiff
placed his hands upon her breasts and on her vagina when there was no
medical purpose for doing so.
C. Defendant during the examination of the plaintiff, carelessly and without
regard for the emotional well being, placed his hands under her clothing
and undertook a prolonged examination of each of her breasts and her
vagina.
18.
All the resultant losses, damages, and injury to the plaintiff, Maura Danielle DiMeo and
Catherine Jean Swindle, her guardian, were related and caused by the negligence of defendant,
Ralph Merchant, M.D.
WHEREFORE, Plaintiff, Maura Danielle DiMeo and Catherine Jean Swindle, request
damages in excess of Twenty-five Thousand and no/100 ($25,000.00) Dollars with interest and
costs as permitted by law.
5
COUNT II: MAURA DANIELLE DIMEO AND
CATHERINE JEAN SWINDLE, HER GUARDIAN
V.
RALPH PRESTON MERCHANT M.D.
19.
Paragraphs one (1) through eighteen (18) of the Complaint herein are incorporated by
reference and are made a part of this Count,
20.
All of the losses, damages, and injuries sustained by plaintiff, Maura Danielle DiMeo and
Catherine Jean Swindle, her guardian, were the direct result and were caused by the reckless,
wanton, negligent, and careless actions of defendant, Ralph Merchant, M.D. in that he committed
malpractice against said plaintiff as follows:
a. By undertaking a prolonged breast examination and an examination of
the patient's vagina during a simple school physical examination violated
the standard of medical care to which the plaintiff was entitled;
b. The breast examination of each breast of the plaintiff, Maura Danielle
DiMeo, by defendant, Ralph Merchant, M.D., was not medically
necessary for the school physical examination, and caused the plaintiff,
Maura Danielle DiMeo, great humiliation and embarrassment.
6
WHEREFORE, plaintiff, Maura Danielle DiMeo and Catherine Jean Swindle, her
guardian, request damages in excess of Twenty-five Thousand and no/100 ($25,000.00) Dollars
with costs and interests as permitted by law.
COUNT III: MAURA DANIELLE DIMEO AND
CATHERINE JEAN SWINDLE, HER GUARDIAN
V.
RALPH PRESTON MERCHANT M.D.
21.
Paragraph one (1) through twenty (20) of the Complaint are herein incorporated by
reference and are made a part of this Count.
22.
The proximate cause of the injury, damage, and emotional distress of plaintiffs was the
intentional touching by the defendant, Ralph Merchant, M.D., of the plaintiff, Maura Danielle
DiMeo, which constituted an invasion of plaintiffs privacy and caused her great emotional harm
and distress.
23.
The defendant, Ralph Merchant, M.D., took advantage of the helpless and dependent
position of plaintiff, Maura Danielle DiMeo, and undertook the breast and vaginal examinations
for his own interest and satisfaction.
7
24.
The conduct of defendant, Ralph Merchant, M.D., constitutes outrageous behavior with
gross disregard for the interests and welfare of his patient, plaintiff, Maura Danielle DiMeo, and
she is therefore entitled to punitive damages against defendant, Ralph Merchant, M.D.
WHEREFORE, plaintiff, Maura Danielle DiMeo and Catherine Jean Swindle, request
damages in excess of Twenty-five Thousand and no/100 ($25,000.00) Dollars with costs and
interest as permitted by law.
COUNT IV: MAURA DANIELLE DIMEO AND
CATHERINE JEAN SWINDLE, HER GUARDIAN
V.
SHIPPENSRURG MEDICAL CLINIC
25.
Paragraphs one (1) through twenty four (24) of the Complaint are herein incorporated by
reference and are made a part of this Count.
26.
The Defendant, Shippensburg Medical Clinic, LTD., was at the time of the examination
of plaintiff, Maura Danielle DiMeo, an officer, employee, and agent of said Clinic.
8
i
27.
The Clinic is liable to the plaintiffs, Maura Danielle DiMeo and Catherine Jean Swindle,
for the actions of defendant, Ralph Merchant, M.D., while he was conducting physical
examinations at the Big Spring Middle School.
28.
Prior to October 28, 1992, said Shippensburg Medical Clinic, LTD. had notice that
defendant, Ralph Merchant, M.D., was acting inappropriately with his female patients during
medical examinations and failed to take adequate steps to inform and protect the minor plaintiff,
Maura Danielle DiMeo, from the actions of defendant, Ralph Merchant, M.D.
29.
In addition to the above the injury, damages, and emotional distress to the plaintiff,
Maura Danielle DiMeo, was caused by the negligence of defendant, Shippensburg Medical
Clinic, LTD., as follows:
i a. Failed to exercise sufficient supervision and control of the activities of
the defendant, Ralph Merchant, M.D.
b. Failed to provide adequate treatment and counseling to defendant, Ralph
Merchant, M.D. prior to October 28, 1992, in an attempt to stop his
inappropriate examinations of his female patients;
C. Failed to notify or inform the plaintiffs that defendant, Ralph Merchant,
M.D., had great difficulty in performing appropriate examinations with
some of his female patients.
9
d. Failed to provide a nurse or other employee during the examination of
plaintiff in order to restrain the actions of defendant, Ralph Merchant,
M.D.
30.
The failure of the defendant, Shippensburg Medical Clinic, LTD., to protect the minor
plaintiff, Maura Danielle DiMeo, from the gross and outrageous conduct of the defendant, Ralph
Merchant, M.D., entitles plaintiffs, Maura Danielle DiMeo and Catherine Jean Swindle, her
guardian, to punitive damages from said defendant.
WHEREFORE, the plaintiffs, Maura Danielle DiMeo and Catherine Jean Swindle,
request damages from defendant, Shippensburg Medical clinic, LTD. in an amount in excess of
Twenty-five Thousand and no/100 ($25,000.00) Dollars plus costs and interest as permitted by
law.
COUNT V: CATHERINE JEAN SWINDLE
V.
RALPH PRESTON MERCHANT, M.D. AND
SHIPPENSBURG MEDICAL CLINIC
31.
Paragraph one (1) through thirty (30) are herein incorporated by reference and is made a
part of this Count.
10
32.
As a direct consequence of the actions of the defendants, Ralph Merchant, M.D. and the
Shippensburg Medical Clinic, the plaintiff, Catherine Jean Swindle, has experienced the expense
and inconvenience of providing help to her daughter, Maura Danielle DiMeo, who has suffered
emotional damage, been unable to sleep, or engage at times in normal activities.
WHEREFORE, the plaintiff, Catherine Jean Swindle, requests damages from the
defendants in the amount in excess of Twenty Five Thousand and no/100 ($25,000.00) Dollars
with interest and costs as permitted by law against the defendants, Ralph Preston Merchant,
M.D. and Shippensburg Medical Clinic, LTD.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By: '." ? ?F
Marcus A. Mc fight, 1, i
60 West Pomfre Street
Carlisle, Pennsylvania 17013
717-249-2353
Supreme Court I.D. No: 25476
Attorney for the plaintiffs
Maura Danielle DiMeo and
Catherine Jean Swindle
Date: January 7, 1990,
VERIFICATION
The foregoing Complaint on behalf of the plaintiffs is based upon information which has
been gathered by counsel for the plaintiff in the preparation of this complaint. To the extent that
the complaint is based upon information which has been gathered by counsel, it is true and
correct to the best of the counsel's knowledge, information and belief. The plaintiffs are
presently out of the jurisdiction of the court. The undersigned is verifying on behalf of the
plaintiffs according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false
statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unswom falsification to authorities.
Marcus
right, 1, Esquire
Date: *exrreRV 1999
MAURA DANIELLE DIMEO,
a Minor, and CATHERINE
JEAN SWINDLE, Her Natural
Guardian, and CATHERINE
JEAN SWINDLE, Individually,
PLAINTIFFS
V.
RALPH PRESTON MERCHANT, M.D.
and SHIPPENSBURG MEDICAL
CLINIC, LTD.,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
98-885
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct
copy of the Complaint served by first class Unite l States moil, pstaoe psid in Csrlisle,
Pennsylvania 17013, upon the following:
Daniel L. Grill, Esquire
PORR & ASSOCIATES, P.C.
1850 William Penn Way, Suite 209
Lancaster, PA 17605-0696
IRWIN, McKNIGHT & HUGHES
Date: January 7, 1999
" y //? ? ///,Z- . e 7
By: Marcus A. Mc ght, II , squi
60 West Pomfr Street
Carlisle, Pennsyi is 17013
(717) 249-2353
Supreme Court I.D. No. 25476
CERTIFICATE OF SERVICE
I hereby certify that on this date I caused a true and correct
copy of the foregoing document to be served upon the individual
named below by first class mail:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
West Pomfret Prof ess•ona1 Building
60 West Pomfr t treet
Carlisle, PA 1 01 3222
I 1
?
Dated: 114 "elf
0
Exhibit D
LCECCrl%'E DIRECTOR
HOMERA RHLLE
PENNSYLVANIA PROPERTY AND CASUALTY
INSURANCE GUARANTY ASSOCIATION
ONE PENN CENTER at 1620 SUBURBAN STATION DIR[crolts
1617 J. F. KENNEDY BOULEVARD
PHILADELPHIA, PENNSYLVANIA 19103
TEL: (215) 568.1007 9 FAX: (215) 568.0736
July 28, 1998
Personal and Confidential
Ralph Merchant, M.D.
9612 Possum Hollow Road
Shippensburg, PA 17257
JAMES A. O'DR@N, M..
Sun F. Ww .Campy
JOSEPHP CRAUGH. R., Vi,. Ch..
FWl Wl.SI.Na Ww lCompmy
IONATUON0 ALBERSTAOT, S.tt.ul
En. W.,mu E."',
ED L OTA I,, Tnuwn
Ww.na Cn ,p of Nom Ammu
1011N A BOGAR
Ch.R., Cowry hlo w Duww. C.Wp
DARBARA A PENNTU
utnm.%I,WU W..,. Co P.ny
RICHARD ht SRAU'
Rdnn.. W., Compmy
RE: DiMeo (a minor) vs. Ralph Merchant, M.D., and Shippensburg Medical Clinic, Ltd.
Cumberland County CCP; Number: 98-885
PIGA No.: PC 3582/ PC 3582B
Dear Dr. Merchant:
Please be advised though that this is only a Summons, plaintiff more than likely will seek
damages outside of the scope of your policy with Physicians Insurance Company.
Your policy of professional liability insurance with Physicians Insurance Company,
policy number 7148, covered you for "occurrences" resulting in injury "arising out of the
rendering of or failure to render professional health care services". "Occurrence" is defended as
"an accident or event... that result in an injury ... neither expected nor intended from the standpoint
of the insured". Furthmore, exclusion (b) excludes from coverage "payment of damages in any
claim for damages if such damages are in consequence of the performance of a criminal act "
Pennsylvania Property & Casualty Insurance Company's action in retaining Porr &
Associates, P.C., shall in no way be considered as a wavier of any of our rights under your
policy, including the denial of indemnification and defense if warranted by the law and the facts
of this case.
I;
1, 1)
Dr. Merchant
Paget
July 28, 1998
If you have any questions, please feel free to contact me.
Very truly yours,
Matthew R. Cosgrave
Claims Representative
MRC/cmf
cc: Linda Porr Sweeney, Esq.
David Foster, Esq.
JoAnn Dittman, Attorney Examiner
PENNSYLVANIA PROPERTY AND CASUALTY
• INSURANCE GUARANTY ASSOCIATION
.
cTCGlrtrvcBlaccroa ONE PENN CENTER at 1620 SUBURBAN STATION BlaiL4ofLi, C
ROMER A. KRIa.E 1617 J. F. KENNEDY BOULEVARD IMMS A O•BRIEN, owu
PHILADELPHIA, PENNSYLVANIA 19103 Sw. F. Bum.nl. CompM
TEL: (215) 568.1007 • FAX: (215) 568.0736
July 28, 1998
Personal and Confidential
Shippensburg Medical Clinic, Ltd.
46 Walnut Bottom Road
Shippensburg, PA 17257
JOSEPH P. CRALIGIL L. Via Chaco
H.rlry h Nuwl L.W.na Compnry
IONATHON G. ALBERSTADT, S. r.uwy
En. W uww. udwp
ED IL OTA L. Trtuwv
W..*Co P.nyo(NoMA n.
JOICNA BOGAR
Chma Cowy\luw buwvw. Compny
BARBARA A PENNELI. -
L.b.my?IuWd Wwxa Compu
RICHARD \I. SHAW
Rduna Wwmwl CWPNy
RE: Maura DiMeo (a minor) vs. Ralph Merchant, AID., and Shippensberg Medical
Clinic, Ltd.
Cumberland County CCP, Number. 98-885
PIGA Number. PC 35821PC 3582B
Dear Doctors:
Please be advised that we have assigned your defense in the above captioned case to the
law fimt of Porr & Associates, P.C., 1850 William Penn Way, Suite 209, P.O. Box 10696,
Lancaster, PA 17605-0696, (717) 390-3020. Your cooperation with the assigned defense counsel
in this action will be appreciated.
Please discuss this matter only with Porr & Associates and refer any inquiries to the firm.
Since only a Summons has been filed at this time, it will be necessary to confirm the
existence of coverage when the Complaint is filed. A coverage question could exist if the date of
the alleged malpractice or the allegations of negligence do not fall within the terms of your
policy, number 7148. Until coverage is confirmed, Pennsylvania Property and Casualty
Insurance Guaranty Association reserves all of its rights under your policy.
Should you have any questions conceming this matter, please do not hesitate to call.
Very truly yours,
Matthew R. Cosgrave
Claims Representative
MRC/cmf
cc: Pon & Associates
cc: Jo Ann Dittman, Claims Examiner
?
U {J
/?
' l
nl
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-02981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA PROPERTY AND CASU
VS.
MERCHANT RALPH PRESTON M D ETA
j 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: RALPH PRESTON MERCHANT M D
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of FRANKLIN COUNTY County, Pennsylvania.
to serve the within COMPLAINT
On June 16th, 1999 this office was in receipt of
` the attached return from FRANKLIN COUNTY County, Pennsylvania.
I.
Sheriff's Costs: So answers
Docketing 18.00
Out of County 9.00 ':
Surcharge 8.00 rxr omas ine, ieri"ff-
FRANKLIN COUNTY 31.28
2-9 HOURIGAN, KLUGER & QUINN
00/16/1999
Sworn and subscribe to before me
this IL S day of
19.12- A.D.
QA_tj,0,0,, no ary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-02981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA PROPERTY AND CASU
VS.
MERCHANT RALPH PRESTON M D ETA
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: SHIPPENSBURG MEDICAL CENTER
LTD
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of FRANKLIN COUNTY County, Pennsylvania.
to serve the within COMPLAINT
On June 16th, 1999 , this office was in receipt of
the attached return from FRANKLIN COUNTY County, Pennsylvania.
Sheriff's Costs: So answers
Docketing 6.00
Out of County 9.00
Surcharge 8.00 mas ine, eri
FRANKLIN COUNTY 24.90
$4 ,, . !3u 00%R6% 9§9KLUGER & QUINN
Sworn and subscribed to before me
this 1G day of
19-51`- A.D.
Z
?PFLlLai
SHERIFF'S OFFICE
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877
SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS. Please typoorpdnt
PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any copies.
1. PLAINTIFF/ S/ 2. COURT' NUMBER
PENNSYLVANIA PROPERTY & CASUALTY, ET AL ??99-2981
3. DEFENDANT/ S/ 4. TYPE OF WRIT OR COMPLAINT: JUDGEMENT
RALPH PRESTON MERCHANT, M.D. NOTICE & ACTION IN DECLARATORY
ERVE 5. NAME OF INDIVIOUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
RALPH_PREST13N-MERCHANT,_M, 1-6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code)
7. INDICATE UNUSUAL SERVICE: ? COMMON OF PA. ? DEPUTIZE ? OTHER
NOW, - 19 , 1, bmtht I" Ur t-HAN KLIN UUUN I Y, I-A., do nereDy deputize me 5nerlfl of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
5111 Jill F OF I NANNI IN COONI Y
B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
9. SIGNATURE Of ATTORNEY or other ORIGINATOR HOURIGAN, KLUGER & 10. TELEPHONE NUMBER 11. DATE
CUMBERLAND COUNTY SHERIFF QUINN
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed)
ONE COURTHOUSE SQUARE, CARLISLE, PA 17013
arH?Ae D=wvv run uam yr anrrTlrr ui4Lv - uv nu t vent 1 M Dewvr 1 nta ulae
13. 1 acknowledge receipt of the writ IGNATURE of 7.d FCSO Depuf or Clerk and Title 14. Date Received 15. Expiration/Hearing date
or complaint as indicated above. 5-21-99 _ 6-17-99 _
16. I hereby CERTIFY and RETURN that ? av ersonally served, O have legal evidence of service as shown in "Remarks", El have executed as shown in
"Remarks", the writ or complaint descri on the individual, company, corporation, etc., at the address shown above or on the individual, company,
corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof. _eta ____ _ __ _ _ _
17. ? 1 hereby certify and return a NOT FOUND because I ain unable to locale the in6vi_d_ u_a_l,_company, corporation, _,_n_am_ed_a_bove, (See remarks below)
18. Name and title of individual served (if not shown above) 19. A pcrsno of savable ago and diwalion men
SANDRA MERCHANT-WIFE Zd„ 9 m the dolnndnnt's usual pIA n nl
20. Address of where served (complete only it different than shown above) (Street or RFD, Apartment No., Tzl. I Data of snrvlc22. Time AM
City, Boro, Twp. Stale and Zip Code) EST
SAME AS 116 5-24-99 4:10PM EDST
a Miles
23 ATTEMPTS Dep. Int. Date Miles Dep. Int. Date Mlles Dep Int. Date Miles Dep Int. Date Miles Dep. Int.
I
24 32
---
24, Advance Costs 25. $CrviCC CO515 l26 Notary Cert. i27. Mileage of Postage 28. TOhI C0515 29 COST DUE On REFUND
l
18 00 1 4.00 31.28 43.72 REFUND
19 28
30. REMARKS
25TH I - .SO ANSWER.
31. AFFI ED n subscribed to before me 11115 1i . I an
a,l
-- MAY 99 THEODORE L KONCSOL... ... 5x259.9_.__
34 day .--
1 1 aL tih,it t , -
37
MBY CO MISS EDGE I CC SHERIFF OF FRANKLIN COUNTY
?E?1RN SI NATURE I - _ _. ie omen ,n -ff
ulrJPtKir ubb114
I- AUTHORIZED I S -
rcW d1ac
Cc..-, ..son
I. ISSUlt4G AUtiiUHli Y'
In The Court of Common Pleas of Cumberland County, Pennsylvania ~
Pennsylvania Property and Casualty Insurance Guaranty Assoc.
VS.
Ralph Preston Merchant, M.D., et. al.
Serve: Ralph Preston Merchant, M.D.
No. 99_2981 Civil _ 19
Now, 5/19/99 19_,1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
, Z_A95
Sheriff of Cumberland County, Pa.
Affidavit of Service
Now,
at
by handing to
attested copy of the original
the contents thereof.
So answers,
Sheriff of
COSTS
Sworn and subscribed before
me this day of
19 ,
SERVICE S
19 _ MILEAGE
AFFIDAVIT
o'clock M, served the
County, Pa.
a true and
and made known to
S
SHERIFF'S OFFICE
157 LINCOLN WAY EAST_CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877
SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS. Pleas
PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any copies: typo or p lnt
1-PLAiNT?F-F%S? -------------- -----'--
5 iii: PENNSYLVANIA PROPERTY & CASUALTY 2(NC I NUMBER
999--2982981
?!, rnc?iuty q-L'KLiwNT1,_M.D., ET AL-_ ACTION IN DECLARATORY JUDGEMENTv
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIF710N OF PROPERTY TO DE LEVIED, ATTACHED OR SOLD.
_ CUMBERLAND VALLEY MEDICAL SERVICES _
6. ADDRESS (Street or RFD, Apartment No., City, Bom. Twp., State and ZIP Code) -
AT NORLAND AVENUE,, CRAMRERSBURG, PA 17201
7. INDICATE UNUSUAL SERVICE: ? COMMON OF PA. ? DEPUTIZE O OTHER
Now, .- 19 _- , I, SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of
_ County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff. B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: "rmrroi mArvnurv courvrv
-- - - - ---• ••-••• •..+. •. n, V ter. yr VVA i s,nmAN -Any deputy sheriff levying upon or attaching any propeq-Jnder
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for an loss destruction or removal of an such pro rt
9. SIGNATURE of ATTORNEY or other ORIGINATOR-1------ pe--Y before-s-heriffs sale thereof.
CUMBERLAND COUNTY SHERIFF 10. TELEPHONE NUMBER 11. DATE
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) I
R THOMAS KLINE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 i.
_ SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13. I acknowledge receipt of the writ i SI NATURE or¢ed FCSO D my or Clerk and Title 14 Date Received 15. Expiration/Heanng date
or complaint as indicated above. f 6-3-99 6-18-99
16. 1 hereby CERTIFY and RETURN that I Od e personally served, ? have legal evidence of service as shown in "Remarks", ? have executed as shown in
"Remarks", the writ or complaint des i o n the individual, company, corporation, etc., at the address shown above or on the individual, company,
corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereoL_
17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above, ISee remarks below) .I .
18. Name and title of individual served (if not shown above) ------ 19, n„v„oo of sununie 19u eha msomrun mon I
CAROL HOFFMAN-BILLING CORDINATOR s in the dacnesns usual Plaw of t
-__L
20. Address o ubodo ?
f where served {complete only if different than shown above) (Street or RFD, Apartment No., ?zt. Date of Service 22. Time AM
City, Uoro, Twp. State and Zip Code) PM
801 NORLANI) AVE 6-3-99 1:30PM EosT
-- - - --
- - -- 23. ATTEMPTS l Date FMlles Dep. Intl Date l Mlles Dep Int Date 1 Mlles Dep Int. D__
ate fdiies Dep. Int. Date Miles Dep. in t.
----- - i6/3 10 __l
24. Advanco Costs 25. Service Costs 26 Notary if 27 Mileage or Postage 28 Total Costs 29, COST DUE OR REFUND
18.00 4.00 2.90 24.90 50.10 REFUND
30. REMARKS: ------ - -------..._?------------------ - 1
N
31 AFFIRM and ubscnbed to before me this 4TH
34
da /of __JUNE is 99 6-4-99
CHARLES E BUSH"pae
37.
?1 T I ?I C SHERIFF OF FRANKLIN COUNTY - -
6AACKN1
3' N Ex
OFF AUT iOH1717n IS, _ mry 'CIG ATURE ...--
I-? 3 Dxte R n ed
-- ,iA
I C50 11901 -1- -1
I. ISSUING A0111OI?IiY
SHERIFF'S OFFICE
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877
--- - --- -----------
SHERIFF SERVICE INSTRUCTIONS I-OR SERVICE OF PROCESS. Please typo or print
PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any coplos
- - - -- - --- - -- - - -- ------ - - --
1. PLAINTIFF/ S/ 2. COURT NUMBER
PENNSYLVANIA PROPERTY S CASUALTY 99-2981
3, DEFENDANT/ S/ 4. TYPE OF WRIT OR COMPLAINT: NOTICE AND
VA1.pD PRI:-OTON MERCHANT. M.D.. ET AL ACTION IN DECLARATORY JUDGEMENT
ERVE if 5. NAM E OF INDIVIDUAL, COMPANY, CU11PUNA IIUN.L-1U, IU SLHVIUL.. UH UL5GNIPI IUN OF PIIOPL-rIl Y I U UL LL-VIED, ATTACHED OR SOLD.
CUMBERLAND VALLEY MaUI.CAL Shi(VIGMS_
6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code)
7. INDICATE UNUSUAL SERVICE: 0 COMMON OF PA. 0 DEPUTIZE 0 OTHER
Now, 19 -, I, SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
S, if ma IV IIUNKL IN COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may, leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11 DATE -
CUMBERLAND COUNTY SHERIFF
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed It notice Is to be mailed)
R THOMAS KLINE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013
13. 1 acknowledge receipt of the writ SIGNATURE LAu lorized FCSO D uty or Clerk and Title 14. Date Received 15. Expiration/Hearing date
or complaint as indicated above. } ? 6-1 6-18-99
16. 1 hereby CERTIFY and RETURN that I e ersonally served, 0 have legal evidence of service as shown in "Remarks", Ghave executed as shown in
"Remarks", the writ or complaint dealt i d on the individual, company, corporation, etc., at the address shown above or gn the individual, company,
corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof.
17. 0 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above, (See remarks below) y
18. Name and title of individual served (it not shown above) IT19. A nerson of suitablaNge and dlscreWit then'
residing in the datendanR usual place of
CAKUL, bUC rM-It[i-O t LLLIVU l V1 lIVH a vn I elects. 0 _
Address of whera served (complete only if different than shown above) (Street or RFD, Apartment No.,
20 21. Date m Somce 22. Time AM
.
City, Boro, Twp. State and Zip Code) PM
EST
801 NORLAND AVE 6-3-99 1:3OPM -EDST
Datte Mi
s
23. ATTEMPTS nt. Date 1
Dep. Int. Date Mllas? Miles Dep. lnl. Date TrSlles Dep. Int. mate Mlles Dep. InL
le
6
24. Advance Costs p.
25. Service Costs 26. Notary Cert. 27. Mileage or Postage 28. Total Costs 29. COST WE OR REFUND
13.00 4.00 _ .90 _ 24.90 _ 50.10 REFUND
30. REMARKS:
31. AFFIRMED and subscribed to before me this __: _ 11111
34. day of ^JUNE 19 vy
o,.n :;nn"a i..IL4 a!.I'.S F: ;FI1 S!i
r, S??I d„ m.,n, n
6-4-9
SHERIFF OF FRANKLIN COUNTY
MY COMMISSION EXPIRES -._-..__.
,«,a.ea
- -
38. I ACKNOWLEGGERECEIPTOFTHE SHERIFF'S RETURN SIGNATURE Data R
_OF AUTHOR2F_D ISSUING AUTHORITY AND TITLE
FCSO-Illw
A110RNLY
?o,???r? °f C?LUrn(?er?Qjl
d
R. THOMAS KLINE
Sheriff
EDWARD L, SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RC)NNY R. ANDERSON
Chief Deputy
PATRICIA A. SHATTO'
Real Estate Deputy
T0: Hon. Robert Wollyung ?;
Sheriff of Franklin CO Pennsylvania Property & Casualty
157 Lincoln Way East . vs
Chambersburg, PA 17201 Ralph Preston Merchant, M.D. et, al.
Serve: Cumberland Valley
Dear Sir: Medical Services
99-2981 Civil/Not. & Action
Enclosed please find Notice and Action in DeclaratoryyJudgementt
to be served upon Cumberland Valley Medical Services, Norland Ave
Chambersburg, PA 17201
in your County.
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment which you requested.
Veryr-r)JI AUrs, -
?too ?
r=t / 2
R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
Enclosures:
Lit i. ue %-ourr of k.ommon Fleas of Cumber and County, ennsy vanla
Pennsylvania Property & Casualty Insurance, et, al.
VS.
Ralph Preston Merchant, M.D. , et. al.=
Serve: Cumberland Valley Medical Services
No. 99-2981 Civil 19
Now, 6/l/99 19_, 1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Franklin County to execute this Writ, this deputaticn being made at the request and risk of the Plaintiff.
a
Sheriff of Cumberland County, Pa.
Affidavit of Service
19 , at o'clock M, served the
by handing to
attested copy of the original _
the contents thereof.
So answers,
Sheriff of
COSTS
Sworn and subscribed before
me this day of_
SER\:CE S
19 MILEAGE
AFFIDAVIT
County, Pa.
a true and
and made known to
S
RECEIPT FOR PAYMENT
Franklin County Pennsylvania `
Receipt Date 06/03/1999
157 LINCOLN WAY EAST Receipt Time 11:56:24
Receipt No, 2405
SHIPPENSBURG MEDICAL CENTER ET (VS) MERCHANT RALPH PRESTON
Case Number 1999-02981 T
Received of
i
Total Check- + 75.00 Check No. 24858
Total Cash.... + .00
Cash Out...... -
Receipt total. 75,00
i
---`------ - Distribution Of Payment ?;-
Transaction Description Payment Amount
ADVANCE PAYMENT 75.00 CUMBERLAND COUNTY SHERIFF
75.00
I
i t
i
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: Michael J. Kowalski, Esquire ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. 73233
LAW OFFICES
SUITE SEVEN HUNDRED
MELLON BANK CENTER
WILKES-BARRE, PA 18701.1867
5 825.9401
PENNSYLVANIA PROPERTY AND
CASUALTY INSURANCE GUARANTY
ASSOCIATION,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
RALPH PRESTON MERCHANT, M.D.;
SHIPPENSBURG MEDICAL CLINIC,
LTD.; MAURA DANIELLE DIMEO,
a minor, by and through her Parent and
Natural Guardian, CATHERINE JEAN
SWINDLE, and CATHERINE JEAN
SWINDLE, Individually,
Defendants
JURY TRIAL DEMANDED
NO. 99-2981-CIVIL
PRAECIPE FOR DISCONTINUANCE
TO THE PROTHONOTARY-
Please mark the above-captioned matter ended, settled anq discontinued.
ALSKI, ESQUIRE,
3413222.1
UJ CV
ai-
a ?' cv 'S z
F CD s_Cl
a% U
DISCONTINUANCE
AND NOW, this day of., 1999, upon consideration of the
foregoing Praecipe, the above-captioned action is marked ended, settled and discontinued.
BY THE PROTHONOTARY:
343722.1